^ 'oOU206 893A Hollinger pH 8.5 Mill Run F3..1719 ■^u ast ana Ufe$t Jer im €ontr By !5l:V. OSCAI^ M. V00RHEE5 %^";f-'V ■-.;■;• v'V S; ^•<^:5>y:r' 'jfivii^^i^- / CM east and (Ue$t Jersey Boundary Cine Controversy. READ AT THE SEMI-ANNUAL MEETING OF THE Hunterdon County Historical Society .AT.... three Bridges, Hew 3er$ey, August 20tb, 1902, By REV. OSCAR M. VOORHEES. It FLEMINGTON, N. J. H. E. Deats. 1906. 1 '■■ O < i Three hundred copies reprinted from the Hunterdon County Democrat for H. E. Deats, April, 1906, by Anthony Killgore, Publisher. Outline. Xew Jersey deeded to the Duke of York, March r2th, 1664. Transferred to Berkley and Cartaret, June 24th, 1664. Boundaries of the tiaiisfer quoted. Philip Cartaret commissioned as (!iovernor, Feb. 10th, 1664, and character of the government. The first di\ision line, July 29th, 1674, from Barnegatt to Renkokas. Scf-ond division line. July 1st, 1670, in famous " indenture quintipartite," Cartaret of the t.rst part, and Billings, Penn, Lawry and Lucas of the second part ; Little Egg Harbor the south partition point, and the northernmost branch of Delaware at latitude 41 degrees 40 minutes the North Partition point. Cartaret's death, Oct. 16th, 1680, and sale of East Jersey to twelve proprie- tors Feb. 1st, 1682. Reasons for drawing division line. New York also interested ; and Council Governors, June 30th, 1686. Northern Partition point to be determined and surveyors appointed. Agreement of (rovernors Barclay and Byllinge (in England) Sept. 14th, 1686, to submit the line to arbitration. The '■ Greenland " bond and award Jan. 8th, 1687, line to be run from Little Egg Harbor " North Northwest and fifty minutes more westerly." Line run by George Keith from Egg Harbor to South Branch of Raritan in 1687 violently objected to by ^^'est Jersey proprietors. Letter of GoA'ernor Coxe Sept. 5th, 1687. Reply of East Jersey proprietors. The Coxe-Barclay compromise agreement. London, Sept. 5th, 1688. Effect of the agreement, which remained in force Avithout question for thirty 3'ears. Question re-opened 1718, and " quintipartite line" demanded. New Y^ork and New Jersey line again. Act of March, 1718, for " running and ascertaining the line." Royal confirmation of act required. The Lords Commissions of Trade and Plantations " approved Dee. .5th. 1728. The PriA'j' Council approves May 22d, 1729. The effect of tliese delays. Instructions given to John Lawrence to rim the line in 1743. Why it ran through Pennsylvania. Its slight value and reasons therefor. No report of it foiuid in State Archives at Trenton. The East and West Jersey Boundary Line Controversy. Head before the Huuteidnu County Historical Society, August 20, 1!)()2. by Rev. Oscar M. \'oorhees. It is presumed that all the members of this .Society are awaie thai we are standing very near to the line that divides or did divide East New Jersey from West New Jersey in the days when such a dividing line was deemed of particular importance. I shall not be judged in error, I trust, if I venture the further pre- sumption that most of us have only a general idea respecting tiie long continued controversy that raged respecting the location of tliat line, and of the importance attached to its proper determination. If 1 am in error, I am tlie principal sufferer, for I have been at considi-rable pains to construct from originil sources a narrative of the controver.sy, for the completion of which I have had to search many volumes of New Jersey Archives, the pages of Leaming and Spicer, the records of the New Jersey Geological Survej', and much general New Jersey history. If, however, you are interested and but a little informed, I shall not count my labor in vain. An examination of the grants, letters, patent, etc., by which the territory which we now know as the folate of New Jersey was transferred from one jmrty to another brings out some startling facts respecting the value then placed ujjon it. Charles II. deeded to his " dearest brother." James Duke of York, the territory from " St. Croix next adjoining to New Scotland " to the Keenebeck and Long Island and the land from the Hudson to the Delaware River for a yearly return of " fortv beaver skins when thev sliall be demanded, or within ninetv davs after." (1). ■ But as the duty of governing the territory thus transferred was included in the grant, perhaps the price was suflicient. This grant or patent was executed March 12, 1664. Three months later, or, to be exact, the 24th of June, 1664, James transferred to Lord Berkeley and Sir George Carteret, the consideration being a yearly payment of "twenty nobles (thirty-three dollars) lawful money of England, if the same shall be lawfully demanded at or in the Inner Temple Hall. London, at the feast of St. iVlichael the Archangel, yearly," a portion of his American possessions. Axhich is described as follows : " All that tract of land adjacent to New England, and lying and being to tht westward of Long Island, and ]\Ianhitas Island, and bounded on the east part b\ the main sea. and part by Hudson's River, and hath upon the west Delaware baj or river, and extendeth southward to the main ocean as far as Cape ilay at the 1, Leaming & Spicer ]). 4 and following. 6 nioutli of Dehiwaii' bay ; and to tlie nurtliwaid as tar as the iioitlieiiiiost branch of the said bay or river Deh^ware, which is forty-one degrees and forty minutes of latitude, and crossetli over thence in a straight line to Hudson's river, in forty-one degrees of latitude ; which said tract of land is hereafter to be called b}' the name or names of Xew Caeserea. or new Jersey •' * "" "■ '■' in as full and ample manner as the same is granted to the said Duke of York by the befori recited letters patent." (2). To make the story of this transfer complete we nuist add that this territory had been leased on the day previous to the date of the release heiein in part recited to the said Berkeley and Cartai-et for one year from the first day of May previous *" under tJie rent of a |)epper corn." Our Lords Proprietors. Bei'keley and Carteret ^\ere not s]o\\- in giving evidence of tlieir purpose to hold and govern their New Jersey possessions, for- even before the title thereof had been secured, it would seen), they issued a document thus entitled : " The Concessions and Agreement of the Lords Proprietors of the Province of Xew Caesarea or New Jersey to and with all and every the Adventurers and all such as shall settle and plant there." (3). This document i)rovides for the appointment by themselves of a Governor (who was given power to appoint his Council) a Secretary and a Surveyor General, and an Assembly to be chosen by the inhabitants. The powers granted to the Governor Council and Assembly are very liberal. In fact the whole instrument shows a l)road minded desire for the development of the province. The conunis- sion of Philip Carteret as Governor, and the lettei- of instruction to him and his Council of the same date were e.\;ecuted February 10th, 1(5(54. Thus we find the Lords Proprietors apparently issuing their instructions nearly three months previous to the date of their lease of the Province, and even thirty days before the jiroperty had been transferred to James by Charles II. But the difference between the legal year, which began the 2;'ith of ^Farch. and the historic year may account for this apparent haste, and so discover that the events mentioned followed one another in regular and proper order. It is well known that settlements had lieen effected before the dates we have been considering and that there was considerable friction in establishing the new government, and maintaining its authority. This led to the issuing of a number of confirming and restraining documents, all of which appear on the pages of Leaming and S])icer. But as they do not affect the controversy under consideration, we ])ass on to the particular matter in hand. The first documentary evidence of a division of the Province between the proprietors appears in a new grant made July 20, 1(574, by James to Sir George (Jarteret, in which the southern boundary line of his portion is drawn in a straight line from "' a certain creek called Bainegatt. being about the middle between Sandy Point and Cape May * * * '^ to a certain creek in Delaware river, next adjoining to and below a certain creek in Delaware River called Renkokus Kill'." (4). While no mention is made of the fact, the natural presumption is that the territory south of this line \\as considered as the peculiar property' of Berkeley, or of the company of Quakers to whom he had sold his share of the Province. But this fact does not appear in the next instrument that shall command attention, the 2. Leaming & Spicer p. 8 and following. 3. Leaming & Spicer p. 12 and following. 4. Leaming & Spicer p. 40 and following. famous (juiiitipaitite dt'i-d of division of July 1st, ]()7(). This is a foriuidable and voluminous document, and oc'c-ui)ies twelve pages of Learning and Spicer. (5) Tliis instrument, after recounting at length the patent of Charles 11. to James, and of James to Berkeley and Carteret, states that on :March 18, 1()73, "the said John. Lord Berkeley, lor and in consideration of the sum of one thousand pounds ■"■ '" * ■"' did grant, baigain, sell and convey unto the said John l-'enwiek. ins heirs and assigns, all that the moiety or half part of him, the said John Berkeley of and in the said tract of land and premises .-o to be or then called by the names of New Caesarea or New Jersey," etc., etc.; and further that eleven months later, i. e. on Februaiy 10th and 11th, 1G74, John Fenwick trans- ferred by a so-called tripartite deed to Edward Billinge of the second part and William" Penn. (4a wen Lawry and Nicholas Lucas of the third part the share secured by him from Berkeley. The money consideration involved in this last transfer is not stated, except that the Quaker purchasers obligate themselves to pay one-half of the twenty nobles due "■ yearly and every year to James. Duke of Vork." But all thi.s is preliminary to the main intent of the instrument, which was devised and executed to gi\e bounds to the portion which should hereafter belong- to Carteret, and the other portion which had become the property of Billinge, Penn, Lawry and Lucas. The line from Barnegatt to Rankokas was entirely dis- regarded, and a new^ one established, beginning at the point on the Delaware \\here the northern boundary line of the province touches that river at the northernmost branch, forty-one degrees and forty minutes latitude, " now by the consent and agreement of the said parties to these presents, called and agreed to l)e called the nortli partition ])oint, and from thence, that is to say, from the said north partition jjoint extending southward by a straight and direct line, drawn from the said north partition southward through the said tract of land unto the nios't southwardly point of the said east side of Little Egg Harbour aforesaid; which said most southardly point of the east side of Little Egg Har- bour is now by the consent and agreement of the said parties to these presents, called and agreed to be from henceforth called the south partition point, and which said straight and direct line dra\\ni from the said north partition point thro' the said tract of land, unto the said south partition point, is now by the consent and agreement to the parties to these jjrcsents called and agreed to be called the line of partition, which is the line hereinbefore mentioned to be intended, by the said consent and agreement of the said parties, for the dividing and making a parti- tion or separation of the said easterly part, share and portion, from the westerly ])art. share and portion of the said tract of land and premises." Three pages follow in order to make sure to Sir George his full title to the portion of the province herein in part described and bounded, " to be henceforth called, known and distinguished by the name of East New Jersey" so far as the four Quakers could make it sure by relinquishing for themselves, their heirs and :;ssigns, any riglit, title, interest or profit in the tract or parcel of land. A like ))ortion confirms on the ))art of Sir Ceorge to the Quakers their title to the other portion of the Province to be known as West New Jersey, the sum of five shillings i)eing named in each case as sufficient equivalent. Thus for all time it w^ould seem East New Jersey and West New Jersey are established as to their '' metes and bounds " by the said partition line as thus described in the said " indenture .■). Learning & Spicer p. 01 and following. (juiiitipaiiitc. made tlic lii-st day of July Auiio Doiuiui KiTU."' So far as we know this ayreeiueiit wa.s n'at-lied without serious difficulty or dispute. The partition points were no doubt loeated easily enoixgh upon some map ( () )at hand, and it scarcely occurred to the parties to the agreement that there would be much difficulty in drawing a line, the termini of which were so particulai'ly described and located. l'"()nr years after the signing of the ([uintip ntitc dci tl Sir George Carteret died (l(i October, HiSO) and by his will his N'ew Jersey possessions, among others, wei'c de\ised to a number of Trustees for the beuetit of his creditors. These Trustees sold F^ast Jersey at public sale to William Penn and eleven asso- ciates for three thousand four hundred pounds. Their deeds of lease and release were dated February 1st and 2nd, ]()S1-S2. (7) Subseipiently each of them .sold one-half of his resjiective right to a new associate, making in all twenty-four proprietors. The Duke of York the following year confirmed this sale to the proprietors, and from this time until 1701 the proprietors and their successors were in full control. They were anxious to dispose of portions of their posse.s- sions and encouraged emigration, and the lands that proved most attractive were soon located and large tracts actuilly sold. As this partition line was frequently mentioned as part of the lioundaries of tracts thus located or sold, it early became desirable that it be carefully run. It was not long before disputes arose between contending owners from Kast and \\'est .Jersey, which led to an urgent demand for accurate knowledge. In the instructions to Gawen Lawry, who was sent out in 1()8.3 as (lovernor of East Jersey we find the following: ""iX. ^^'(^ desire he may mike all needful ])i'eparation towards drawing the Line of Division.between us and ^Vest Jersey, that it may be done as soon as possi- ble it can: and that in the interim to take what information he can, where it will fall, so that we may have a certain acco\int both of the breadth and length of the Province, and of the quantity of land that is in it, and of the natiire of the soil and conveniency of those back ])arts of it whereof we have not yet so par- ticular an account." ( 1-1 ) . As the northeiii partition ]ioint was the terminus of the line dividing New Jersey from New York, that Prf)vince was also interested in the matter. At a Cauncil held in Fort James in Xew Y'ork, June 30, IGSO, the Deputy Governors of Xew York, Fast Jersey and ^^'est Jersey were all present with memi)ers of their Council, and tlie Xew Jersey contingent informed Gov. Dougan of Xew Y'ork of their intention to lun the lines of the three governments, I (jiiote the minute as follows : "To this he assented and ])i()i)o-e(l to them tint the most northerly bnnch of Delaware Kiver according to the Patent, should fir.st be agreed upon and fixed: that the first day of Sept. next after the date hereof be the day appointed for the surveyors to meet at the Falls of Delawai'e River, and that which is the most northerly branch of Delaware River (if any controversy arise about it) be de- termined by the vote of two of these three surveyors, George Keith, Andrew Robinson and Philip Wells; that what is concluded by two of the said surveyors to be the limits and bounds of the three governments be so deemed and reputed: (). See G.ologieal Survey of X. J. Vol. 1 (1888) p. 42. 7. Hist, of Hunterdon and Sonjcrst-t Counties page 21 f. 8. Xew Jersey Archives ^'ol. I. p, 428, 9 and the .surveyoVM to give in their reports under their hands." (9) In the instructions given to Philip Wells, the .'Purveyor of New York, the fol- lowing appears. "Vou are carefully and with exactness to run the line between this province and that of East Jersey, beginning in the latitude of forty-one degrees and forty minutes upon Delaware River." (10) Had this point been fixed upon, much subsequent controversy might have been avoided. But as it appeared that there was no northernmost branch of the River at latitude forty-one degrees and forty minutes, or in fact, very near to it, a beginning from that direction could not be readily made. The matter was under consideration at the same time among the proprietors in England, for it appears that fourteen days after the time appointed for the meeting of surveyors at the falls of Delaware, i. e., Sept. 14. 1()8G. we find (tO\'. Barclay of f^ast Jersey and Gov. Byllinge of West .Jersey en- tering into an agreement to submit the matter of the East and West Jersey division line to arbitration. 1 quote part of the agreement: ''Whereas the said Provinces of East and West New Jersey lye contiguous to each other, and the line bovmds of either are not yet fully known, whereby the inhabitants of the said respective provinces are, or may be, prejudiced in their settlements, and the respective governors thereof be in doubt liow far their juris- dictions extends. )ioir kiioir ye that for remedy of tlie inconveniences above men- tioned and of all other difficulties that may arise by reason of the uncertainty of the just limitts of both the said provinces, a Division shall he made of the said Provinces by ^leithes and Bounds at the Ecpial Charge of Both the Said provinces, and to that End do hereby order and Direct the Respective Deputy Governors for the time being of the said provinces Respectively to Nominate and oppoint within one month next after their receipt of these presents, or as soon after as may be three persons or more not exceeding five. Being Inliabitants of Each province whereof the Surveyor General of each province or their deputys shall be two and three persons of each province at least shall be present for The making Such divisions, and That The persons So to be nominated shall as soon as they can |>roceed to make as equal a Division of the Said provinces as they can according to the Best of their Judgment and Skill, and That where it may be Conveniently done they Shall make Rivers and other the most notorious places The boundaries of each jirovince, and if any disadvantage in quantity of l^and in the Judginent of the persons appointed to make Sucli Division, arise to either province by making either Rivers or other Remarkable places the Boundaries thereof, the persons who Sliall make Such division Shall have power, and are hereby author- ized to appoint Such a Compensation in Land, to Such province whicli hath the Disadvantage as mav be Consistent with the preservation of the Division that Shall be made by Them." ( 11 ) In this agreement we find the governors authorizing a departure from the straight line between the two determined points, and encouraging the acceptance of rivers, and perhaps also mountains as proper boundary lines. I am inclined to think that this was done that a portion of the Millstone, the Raritan and its North Branch might enter into the divisional line. But whatever may have been their object, the agreement was to that extent on its face revolutionary. Following this agreement, and to make the outcome the more certain, seven 9. New Jersey Archives Vol. I, p. .517. 10. New Jersey Archives Vol. I. p. .lis. 11. New .Tersey Archives "N'ol. T. ]i ."iin. 10 proprietors and i^habitallt^s of ^^'est Jersey sign a lioiul in tlie sum of o.OOO pounds to abide by the award of the arbitrators. The signers were John .Skein. Deputy Gov. Samuel Jennings, Thomas Olive, George Hutchinson, ^Nlahlon Stacy. Thomas Lambert and Joseph Pope. It is presumed also that the East Jersey proprietors signed a like bond. As the award was made at the home of Henry Greenland of Piscataway, and as he was one of tlie witnesses tliereto. tlio decision was afterwards referred to as the Greenland award. Its date was .lanuu\- S. 1GS6-7. (12). On this same day the award of the arbitratoi's, John Reid and William iMnlry. was signed, tliough I can hardly believe that the contents of their awaid was known to the signers of the Greenland bond. If they knew the terms of the award, they were certainly ignorant of the position of the line, for it would pass within seven miles of the falls of the Delaware, and loiu-h that river far soutli of lati- tude forty-one degrees, forty minutes. Here is the award : ■■ Whereas the go\ernors and pioprietors of East and \Vest Jersey lias wholly leferred ye division lyne of ye two provinces to us (as by their bonds doth appear) That is to say given us full i)ower to nui ye Same as we think lltt. Therefore we do hereby declare that it shall run from ye north side of ye mouth or Inlett of ye beach of Little }'jgg Harbor on a straight lyne to Delaware river north north west and fiftj' minutes more westerly according to naturall position and not according to ye magnet whose variation is nine degrees westward. Witness our hands this Eighth day of January. 1686-7. JOHN REID. WILLIAM EMLEY." (13) It is impossible at this time to be sure what was the animus of this award. If it was made by taking the data furnished by an incorrect map, and the straight line run the direction indicated was supposed to terminate at the " north partition point," their ignorance is in part excusable, though the failure to mention said point as the northern terminus seems inexcusable. We hesitate to charge them with partiality to East Jersey, even though a letter of James Alexander, later Surveyor General of both East and West Jersey, might seem to justify such a cliarge. Here is a part of the letter wherein the award is spoken of as being " a thing very ridiculous in itself, when the quintipartite deed was in force. It occasioned much confusion in New Jersey, till the New Jersey act of 1718 rectified all. * * * * * But though it was awarded and run by George Keith from Egg Harbour to John Dobie's, yet it was never run further, and was clamoured against at once by West Jersey with very good reason." (14). This quotation takes us forward too rapidly with our story, so we will have to go back to the award made Jan. S. 1687. This proved indeed a beginning of the effort to locate the line. George Keith, then Surveyor General, proceeded that same year to Little Egg Harbour and established the south partition point where it remains to this day. He then followed the course indicated by the award some 60 miles until he reached the South Branch of the Raritan at the western bounds of John Dobie's ^plantation. Whatever of remonstrance and opposition from the 12. New Jersey Archives Vol. I. p 522. 13. New Jersey Archives Vol. I, p. 523. 14. New Jersey Archives Vol. I, p. 524. 11 \\ est Jciscy Piopriplors Keith may have met along tlie route of the survey, we may not know, hut when he emerged \ipon tlie Raritan he had evidence that he was within the territory claimed hy East Jersey, for the point reached was in the j)ossession of tlie said Dohie, he liaving pnrcliased hut three years previous from .lolm Camphell. son of Lord Neill Camphell of Scotland, one-cpiai'ter of his 1-Sth of l-24th part of East New Jersey. ( >See East Jersey Deeds, Liher A., Page 210.) One might be led to surmise that this plantation was situated on the south side of the South Branch, from its mention in the running of a line that did not cross that stream. But this appears not to have been the case, for John Dobie's prop- erty was located along tlie north side of the stream ex'tending from beyond the mouth of the Neshanic to nearly the spot where we are standing,* and contained 375 acres. t Long- before the surveyors reached the river it became evident that they were pursuing a course that \\ould reach the l^elaware very far south of forty-one, degrees, forty minutes. This led to decided opposition to the continuance of the survey, and Keith seems not to have persisted. During the winter of 1G87 and ^'le following summer, the controversy waxed warm, botli in this country and in England. There was a meeting of the Proprietors in London at which Dr. Daniel Coxe appeared as the representative of West Jersey, he having virtually assumed the title and oflice of Governor, at which the entire matter was discussed. Tt was evident tliat the East Jersey Proprietors saw their advantage resulting from the $.1,000 bond, and proposed to continue running the line according to the award of the arbitrators or sue for the face of the bond. A long letter written by Coxe to tlie ^Vest Jersey Proprietors who were living in the province gives his side of the ccmtroversy in detail, and indicates how ditficult was his task. But he stood manfully by the quintipartite line and declared that of Keith manifestly unjust to West Jersey. His final appeal is, " Stand by the letter of the agreement * """ ■ * that the line be run directly from the East side of Little ]"]gg Harbour, unto the most northerly branch of Delaware River in forty-one degrees, forty minutes; and I question not but we shall bring them to more reasonable terms than any they have hitherto proposed ; at least no pains nor cost shall be wanting on my part, and T have the concurrence of all our proprietors, Mr. Penn excepted, whom 1 could any \\ays meet with or consult. And whereas I am very credibly informed that the proiirietors of East Jersey liave ordered lands to be taken up in divers places near the new pretended line of partition ; that having possession, upon a re\iew, they may have a more spacious claim: If any attempt of this nature be made, I do not only protest against it. but request and desire that all the inhabitants of West Jersey do the same ; and at the same time the surveyor of West Jersey, or his deputy, do immediately take up in my name, all that land which is westerly of the Millstone and Raritan river which was not actually in possesion of East Jersey at the time of their pretended award between Mr. Emley and Reid * "" * * * I shall add one more thing, which seemeth to me of the greatest consequence : I beseech you let there be no animosity or indignation, severe censure, or spightful reflections on those who gave their consent unto the award made by ICmley. (i. e., those who had signed the bond) : For my part, I "" This paper was read at Three Bridges in the Reformed Church of which the writer was pastoi jHistory of Hunterdon and Somerset Counties, page 756. 12 iiin fully satistii'd with the lionesty and fairness of their intentions : hut the best of men may l)e overreaehed hy camning, (h'signing ))ersons ; forget wlrat is ])ast, :;nd live together as liecomes ehristians, and neighlims and eountrymen." ( IT)). This letter was sent lunler date of Se])tenil)er "itli. KiST. and gives proof that tin controvt'rsy over the award began even while the sur\eyor was at work, if not lu'fori-. Wliile from this letter the right seems to be with Coxe and the West Jersey l)ro])rietors. we are not to eonsider the matter ready for decision until the other :-ide is heard, and their contention we find set forth in an unsigned letter evidently written about the same time by some East .Jersey Proprietors to Wm. Dockwra & Co. of London. Therein it is claimed that as at the latitude forty-one degrees, forty minutes no northernmost branch of Delaware could be founcl. — a creek or stream not being accepted as a "branch." — theiefore the (luintipartite line must be of necessity disi-egarded. And as the (h'eenlands a\vard was made after an agree- ment to submit the line to arbitration, and a bond given to prove good faith and insure comjjliance. therefore that award should be coTisidered final, and the Keith line extended to the Delaware be the dividing line. ( 10.) This argument Dr. C'oxe found it dilliciUt to meet, but intimated a willingness to allow tlu' line run to Dobie's to stand provided some portion of North Jersey rist of the line as extended be allowed to West Jersey. So much he suggested in the letter above rpioted in ])art. Ho\v many meetings and discussions followed we may not know, but as a settlement was not reached mitil Sept. 5, 1GS8, just one year after the Coxe letter was written, it is pretty evident that much of the time was thus occupied. But as a c()m])romise resulted, perhaps we should not condemn the parties to the controversy. While the agreement that resulted is rather long, for the sake of delinitcness perha])s we should have it entire. London, September 5. 1()S8. " It is agreed this day by Dr. Daniel Coxe. Oovernor of the Province of West Jersey, on l)ehalf of himself, and all the rest of the proprietors of that province. on the one part, ami Robert Barclay, governor of the i)io\ince of East Jersey, on liehalf of himself and all the rest of the jiroprietors of that province, on the other part, as followeth, viz.: " For the final determination of all ditlereuces concerning the deed of pirtition. ■nil all other disputes and controversies about di\iding the lands, and settling the liounds between East and West Jersey. " 1. The line of partition run straight from little Egg Harbour, to the most westerly corner of John Dol)ie's ]ilantation. as it stands on the south branch of Rariton river, shall be the bounds so far between East and West Jersey, and shall not be altered, but remain as it stands on a printed draught of the proprietors hnids. surveyed in East Jersey, and drawn by John Reid and since printed here. "•2. From thence to run along the luck of the adjoining plantations, untill it comes to James Dundass his plantation ; and from thence, at the most northwest- erly part thereof, a line to lie down on the back of those plantations, and so to nm northeastward, till it touch the north branch of R niton river, as it is struck upon the ma]i already : but saving the plantations already laid out. to be within the line, if they happen to stand a little more westerly than that line is marked. " .3. From ttie north end of the line where it touches North I'ranch ; thence 1.1. New Jersey Archives Vol. II. p 1(1 following. ](). New Jersey Archives Vol. II. p. IS following. 1,5 forward tlie largest stream or current of water belonging to tlie said Xortli branch, sball be the bound or partition; and so continuing along the same, until the north end thereof, for the bounds so far. " 4. From the said north end of the branch, a short straight line to run to touch the nearest ]iart of the Passaick river ; and so following the course of that river, continuing Poquanick river, so long as it runs northerly or northwesterly ; those rivers still to be the bounds between both piovinces ; and if Pofjuanick river do not run far enough to the latitiule of forty-one degrees, then from the said river to a straight line to be run northward to the latitude; and that to be the utmost iiorth partition point and from the said ])oint in a straight line due east to the partition point on Hudson's river beween East Jersey and New York ; pro- vided al\\ays that all plantations and tracts of land, laid out and surveyed, before this agreement arrives in East Jersey, shall remain to the parties concerned; and the partition shall so run as to include them within East Jersey bounds. " Lastly, Dr. Coxe doth covenant and ]3romise, to make good the agreements above written and warrant the title and (piiet possession of all the lands so to be appropriated to the proprietors of East Jersey, according to the limits and bounds above mentioned, against all persons that shall or may pretend, or claim any interest to any of the said lands, as West Jersey Proprietors. And Robei-t Barclay doth covenant and promise to 7uake good the agreement above written, and warrant the ([uiet title and possession of lands, so to be appropriated, to the pro])rietors of West Jersey, according to the limits and bounds above mentioned, against all persons that shall or may pretend or claim any interest to any of the said lands, as East Jei'sey Proprietors : For performance of all and every the lespective articles and covenants herein mentioned ; they do mutually bind themselves each to the other in the sum of five thousand pomids. to be well and truly paid on the breach of any of the clauses and covenants, herein before men- tioned. Tn witness whereof, they have interchangeably set their hands and seals, tlie dav and vear first above written. ROBERT BARCLAY." (17.) DAVID HEWLING STEPHEN LUCOCK. It might seem from the terms of this instrument that the controversy was at an end. for the governors not only sign the agreement willingly but show their good faitli V)y executing the bond in the simi of 5,000 pounds. But '■ The best laid plans of mice and men gang aft aglee." And so it pioved in tliis case. Just how the East Jersey proprietors felt when they learned the terms of the agreement I have no means of knowing. Perhaps they were pleased because it confirmed to them all that fine tract of the Raritan valley now comprised in the western half of Somerset Co. This tract had been taken up only a few years ]irevious to the Greenland award and possession being deemed prima facie evi- dence of rightful title, the line was made to run to the rear or west of their plan- tations, and while it gave a large part of Northern Jersey to West Jersey, that territory being ruggecl and as yet unappropriated was but lightly valued. As to the ^^'est Jersey proprietors, we can imagine their smile of satisfaction 17. New Jersey Archives Vol. II, p. 34 following. 14 Mhen tluy learned of tlie award. It is true they liad lost a gore, according to their own reckoning, alxnit ten miles wide at the north, the sides of which were about sixty miles long, hiit length did not count so much, for the lines converged at the south p:\rtition point. Tiie country to the north was theirs — all of Hunterdon as now bounded, of Warren. Sussex. ]\]orris. and part of Passaic and Bergen, and well mav they lia^e felt satisfied, for our (k^ological Survey tells us that of the 7.795 s(|."mi. of area witliin the bounds of the State, West Jersey received 5,40:5 to East .Ji'ir^vy's -^.-.W-I s([. mi. — nearl\ two-ihirds of the whole. "(Vol. 1 (1888) p. 00). For ma])s illustrating this division see above report, page 92. The line thus laid down by (oxe and Barclay has entered largely into the permanent lines of the State. From its establishment it was recognized as the line of division between Burlington in West Jersey and the organized counties of ^lonmouth. .Middlesex and Somerset in Ea.st Jersey. And this recognition was establislied wlien in 1709 the bounds of the counties were more fully defined. When in 1714 Hunterdon was formed, its eastern boundary was the line determined upon between C'oxe and Barclay, and witli tlie exception of the short portion running ea.st and west where it divides Ihuitirdon fiom Bergen, that line is tlie establislied county or township boundary to this day. We might judge that the boundary controversy was ended — this being the desire and intention of both parties. But it is one thing to sit down in a London apartment and make an agreement and a very dirt'erent thing to insure the acceptance of that agreement for all time, especially when the property in ([uestion is a moiuitainous region three th:)usund miles distant, as yet in large part unknown and unsurveyed. However, it was some satisfaction to Coxe and Barclay to think, for a time at least, that their work met the approval of their associates, for it was aiiparently accejvtrd by all. This satisfaction apparently continued for thirty years. During these years other matters of im])ortance were occui)ying the attention of the people. The proprietary governments becoming dillicult and complicated, by reason of the multiplication of projirietors. were voluntarily relinquished to the crown, and the first Royal governor ap])eared in 1702 in the ])ers(m of Lord Cornbury. The country was fast filling u)) and new lands being occu])ied. It is estimated that at the beginnimi' of that ceirturv there were 12.000 inhabitants in East Jersey and 8.000 in West Jersey. (X. J. Hist. Collect., p. 29). This coming in of new settlers was the cause of the reopening of the boundary controversy. The first reference to it that I have discovered appears in a letter written in 1718 by James Logan of Philadelphia to Geoi'ge Willocks, and two paragraphs of this letter will place the matter clearly before us. " The Council of Proprictc-s for the W'estern Division of Xew Jersey being informed at their meeting in Xovember last that the jiersons who had purchased lands in Whippening Xeck ha two governors, and seems to be of a jiiece with the skill of the Draughtsman of ye last partition to imagine that any such thing lay in tlieir ])ower. These Western Proprietors alledge that this latter agreement was a contiivance of ye Eastern, who became sensible of their dis- advantage, which lias since a])peared more clearly since Delaware is found to bend so much to ye Eastern, that about Maghackamack it is not above thirty-four miles pr thereabouts from Hudson's River, which is known to nni very nearly due North and South, and therefore that tlie old Line will cut off to ye Eastern Division a much less portion than vras expected. As for my own part, I have always been of opinion, since 1 had any tolerable notion of the matter, that the case was much like those marriages, of which 'tis said, that they ought not to have been made, but since they are made, ought not to be broken. Both sides have broke so far in upon the first Division, the Eastein Proprietors first by extending their surveys westerlv' within about seven miles of Delaware near the Falls and ye Western in some measure in other places. Ther(4'ore the utmost confusion must arise, if all these are to ))e made void, and tlie peoi)le who honestly purchased under the Proprietors, and connnonly. I believe, with general warranties, must be distracted to the last degree. This I think we ouglit in regard to ye publick jieace, to endeavor by all reasonable means to prevent. But since I am persuaded it is more to your Interest on ye Eastern side to labour for this than it is theirs of the Western, you ought in my poor Judgment at least to Show yourSelves disposed to pursue it by ye most amicable measure, and with a Spirit different from the last you have taken. We may please our Selves with the thoughts of gaining present Advantages by Address and Skilful ^Management. But Lands and the Inheritance of them are of Such a nature that no man can be Secure of what may follow after that address and skill as to his part dies with him. * « * ■- In case we can come to terms of accommodation on the last Division, divers of us will use the best of our interest when we have an opportunity to promote on our parts an Act of Assembly for confiiniing that Division, otherwise we must return to the quinquepartite Deed, and then endeavor for an Act to Settle in ye best manner that may be, the former Purchasers in their Possession if that be jiracti- cable, (18) wch doubtless it is not without great Difliculty." (4 .381). This letter hints very strongly at the real cause of the controversy — the desire on the part of the various Proprietors Avho took up lands near to the division line to secure as large a share as possible. And as an increased knowledge of the ter- ritory showed its value, and also gave more correct ideas of the places through which the quintipartite line ^^■ould run if actually surveyed, proprietors often 16 desired or opposed it.s beiiiii run as their individual interests dictated. During this same period a controversy was raging between New York and New Jersey resi)ecting the line between the two Provinces. It will be remembered that the northernmost partition point of the liast and \\ est Jersey line on the north- ernmost branch of the Delaware at forty-one degrees, forty minutes was also to be the point to ^\•llich the straight line from Hudson's River at forty-one degrees was to run. Here too the meaning of the term " branch " needed to be made definite, and the question arose as to whether the " branch " should be disregarded or the exact latitude, as there was no tributary to the Delaware at the latitude named. The New York boundary controversy led to greater heat than did the one we are particularly discussing, as a letter from J-,ewis Morris, President of the Council of New Jersey, to the Lords of Trade, will show. He says : " The Ascertaining that partition line is Almost of Absolute necessity ; the few people that lidiabit, nigh some parts where its tSuppos'd t'will run, are con- tinually Quarreling ; they cut and carry away whole fields of corne, from Each other and do all the mischief they can, Short of killing one anotiier : and 1 believe it will not be long before they come up to that. "The only thing they agree in, is not to pay any publique taxes, and the measures they take, render them as unable, as the}' are unwilling." (19). About a year previous to this writing of the Logan letter tlie New Yoik Assembly passed a law for running the division line and providing her share of tlu- cost. Tlie New Jersey Assembly passed a similar Act but failed to find a me of providing the necessary funds. But the same difficulty did not appear when the East and West Division A^ct came up. This Act. passed in ]\Iarch. 171S, is thus designated: " An Act for Running and Ascertaining the Line of Partition or Division be- tween the Eastern and VVestern Divisions of the Province of New Jersey and for preventing disputes for the future Concerning the same ; and for .Securing to the General Proprietors of the soil of each of the Divisions and Persons claiming imder them their Several and respective Possessions Rights and just claims." (20.) The provisions of this act for securing the rights and titles of the various proprietors are thus described by our friend Logan, who was a member of the Assembly, in a letter to Dr. Daniel Coxe under date of June 27, 1719. He says : "It was agreed that all ye Lands taken up by ye Eastern Proprietors on ye west side of ye Line should be still held in ye same right in ye same manner as if they had been taken up in ye Eastern Division, provided they did not exceed ye quantity that ye Western Proprs had taken up on ye East side of ye Line. The same Provision was made for the Lands of the Western Proprs and when ye quantities taken on ye wrong sides of ye Line respectively bj' the Proprs of both divisions were com- pared, ye Surplusage after two yrs allowed on both sides to buy rights, is to be taken ofT from ye unsettled Lands of the 2d & .3rd Dividends on ye Eastern side & from ye Lands of the -1th Dividend in ye Western side, or out of ye unsurvey'd Lands on either side if such can be found of value. Thus both sides are to have ye exact quantity they first purchased, and all ye settlers on both sides are made easy. * * * * " The Commissrs of N. Y'ork & N. Jersey are now actually out upon that Partition Line, and when the northern point on Delaware is fixed in Discovering 19. New Jersey Archives Vol. TV. p. 4.39 following. 20. New Jersey Archives Vol. V, p. 213 following. 17 of which there is a very good brass Instrument wth able artists employed we shall easily find how ye other line between the two Divisions is to run. * * * * The C'ommissrs for running the Line on their part are Jas Kirkbride and John Heading (ye old man is deceased) onye Eastern side Dr. Johnston & Geo. Wil locks are appointed who with J Alexandr & Jacob Taylor on our part & Jerrat for N York are now actually upon ye work." (21). Once again the matter is settled in so far as the Assembly could settle it. And though they gave much thought and care to the Act and took every precaution to conserve the rights of all it would be vain for them to think that tlierc would be no opposition to the jilan proposed. It seems evident that an early running of the line \\as expected. The X. York Commissioners were busy finding the north- west point, and tiie survevors were appointed to carrv into eflt'ect the provisions of the Act. But the" law's delays are proverbial and there is no earthly force that can make a monarch hasten when lethargy is his natural characteristic. This act was sent at once for the royal approval. But it must needs run the gauntlet of oflicial red tape. First the Lords Conunissioners of Trade and Plantations sat upon it, and so oflfectually tliat nearly ten years passed before signs of returning life appeared. Mr. West. " one of his late majesty's Council learned in the Law" was duly con- sulted, and upon his favoraljle report The Lords of Trade deliberately arose, and allowed the act to pass down the gauntlet one more step wdth this explanation : " This is an Act wherin private property is concern'd. And therefore we thought it would be of Service to let the same lye for some time, that in Case any Persons should l)e aggriev'd thereby they might have sufficient opportunity to lay their Objections before Us : But as we have received none, and As this Act will be of At Sear'.ioroutih, ^'isoo^lllts Laiisdale. Cobhani, (S; Fahiiouth, l.ord Wihuiui;- ton, Mr. Speaker, Mr. Chaiirelor of ye Kxche(ir. .Master of the Kolls. Sr Paul -Methueii, Henry I'clhaui. ]',s{i. Then follow the wherefore of the Act. and its full title, after which 1 (juote : ■"Which act, together with a llepresentation from the Lords Commissioners for Trade and Plantations, ha\e been referred to the Consideration of a Committee (if His .Majesty's most H(ni(iuiable Pri\y Councill. The said Lords of the Com- mittee this day presented the said Act to Her Majesty at this Board \\ith their opinion that the same is jnojier to be a])pro\ed. Her ^lajesty taking the same into consideration was graciously pleased, with the advise of His Majesty Privy Council], to declare Her ap])rol)ation of the said Act : and pursuint to Her .'lajestys Royal! Plea-iire there upon I'Zxprcssed, the said Act is hereby conlirmed. linally Enacted, and llatifyed accordingly: whereof the (Jovernor or Commander in Chief of His Alajesty's said Cohmy of New Jersey for the time being, and all others whom it ma\ Concern are to take Xotice and ut (uie delay seems to have involved another and f(n' fourteen years we lind no reference in public documents to the matter. It uould seem as though the division line was kept in abeyance on account of the inability to settle the northern boundary line. The joint commission of HiSti. already referred to, accepted the mouth of the .Mackackemak oi- the Fishkill. now called the Xeversink creek, as the western end of the bonndaiy line. And though this point ])ro\ed to l)e many miles south of latitude foity-one degrees, forty minutes, and thus gave New York much territory not contemplated in the royal grant, still Allan Jarratt, surveyor for New York, protested against the acceptance of the line then run to JTudson's river, and hence no decision v,as reached. It was e\idcnt to all tlie inhabitants of the Eastern division of the Province that much land A\ould be thrown into West Jersey if the line were run to this point at the month of the T-^ish Kill. Hence they would naturally contend for the exact terms of the quintipartite indenture. How much of discussion was necessary to settle this point I am unable to discover. All I can alTirni is that 22. Xew Jersey Archives Vol. V. ii. 243 following. 19 wlien in 174;] John Lnwronpo received his comniission and instruciions for the iU'tual (survey he was to hciiin at the point established by Keith at Little Egg Harbor, and run a random line in the direction of the north partition jjorat. it being suggested tliat the nearer lie guessed to the right direction, the less difficulty he would have in locating the true line. It was suggested further that from a comparison of former surveys with the variations of the compass the course should be N., nine degrees, forty-eight minuter W. This random line was to be carefully marked at the end of each mile, and v.as to be extended across tlu Delaware, through Pennsylvania until a point Avas reached the nearest to latitude f(jrty-one degrees, forty minutes on that river. Then the distance from this line to the nortli partition point was to be carefully measured, the direction the true measured line would take determined and the distance of each mile station from the corresponding mile station on the random line accurately computed. Then the true line was to be run from the north partition point, the distance from the random line station being frequently measured to insure accuracy. When the work was finished a map was to be prepared showing both the landoni and true line. (23). These instructions embodied in 20 i)oints and covering more than eight pages in Vol. VI, New Jersey Archives, are signed by John Hamilton and Andrew Johnson, but in what capacity is not stated. They have generally been attributed, and I presume correctly, to James Alexander, then Surveyor-general. I have seen no re])ort of Lawrence's actual work, but several maps state that it was d()n(> during the year 1743. By a curious delay similar to the one above recited, the appointment of Robert H. ^Morris, Lewis Johnson and Elisha Parker as commissioners to succeed three of the four originally appointed who had died in the interim, was not confirmed by King George II until ]\Iay 11. 174(). nearly three years after work was actually completed. It will be noticed that this line, in order to reach the north partition ])oint at 41 degrees 40 minutes crosses the Delaware below Dingman's Ferry, and extends for many miles through Pennsylvania territory. This is the explanation of a matter that has hitherto been a mystery to me. But when the X. Y. & N. J. boundary was finally determined in 1775 the mouth of the Fish Kill was accepted as the north partition point, and remains so to this day. In the one case the pro- vision of the Royal Grant and of the quintipartite indenture establishing this ]wint at a branch of the Delaware was disregarded, and in the other the exact latitude 41 degrees, 40 minutes was disregarded and latitude 41 degrees, 21 min- utes, 22.6 seconds accepted. Hence the provision that the two lines should meet at one point has never been carried out, and the ideal East and ^^'est Jersey line still remains to be run. After all this controversy that resulted in the so-called Lawrence line of 1743. run just 55 years after the Coxe-Barclay agreement of 1688, nothing of great value was accomplished. The lands had been practically all taken up and located according to other natural or artificial boundaries as the case might be. so that when the line was run it crossed estates in such directions as to be of little or no value in subsequent descriptions, and except for the fact that it forms the dividing line between a few- to\\nishi])s in Sussex Co., it has at present no real existence fxcept on maps. Well may we apply to the whole affair the old Latin phrase. '■ Parturient montes. nascitur ridiculus nnis.'" Perhaps this is exjiressing a 23. New Jersey Archives Vol. VI. p" 154 following. 20 judgment somewhat too severe. We must bear in mind the dillieulties of the situation and the inevitable dehiys due to the character of cohwial governments. Then we .shall be inclined to ]>raise the determination and perseverance that carried the matter to a successful conclusion in spite of delays and apparently unsur- mountable obstacles. It is easy for us to criticise what was done. It is more difficult to prove that we could have done better. There are a few obseivalions I wish to make before closing : 1st. The Keith line of 1(>S7 is in one place I have seen spoken of as tlie line familiarly known as the t^cotch line. It extended directly toward this village. (Three Bridges) and there is nothing to indicate its termination upon the soutli bank of our stream unless it be the small bridge in the road skirting the stream, which bridge is considered the limits of two road districts. 2nd. This line is spoken of in the 8chomp will IGGO and other papers of later date as the so-called Jjawrence's line. .lust how this happened it may be difficult to deteiniine. 3rd. If the exact teiius of the ( 'oxe-Barclay agreement had been adhered to the point where this line reached the south side of the sti'eam below our village would have been the point from which the line would have continued northward toward the North Branch, and not the point nearly a mile and one-half east, which is the beginning of the line which now divides that portion of Hunterdon from Somerset county. P. S. — From a hasty examination of the report of the Elizabethtown Bill in Chancery T find I was mistaken in thinking the Coxe purchase extended to Three Bridges. A stndy of the original owners of this portion of our county still remains to l)e made. Supplement to Paper on the East and West Jersey Boundary Line. Since the above was prepared some additional infonnalion has come to hand that should find a place in this pa})pr. I refer to the judicial determination of the correctness of the Lawrence Line. Lawrence was employed by the East Jersey Proprietors, and his line was of necessity accepted by them as a final determination of the con- troversy, though by it less than one-half the Colony was comprised in the Eastern Division. From the date of its running, the Proprietors of East Jersey claimed all the unappropriated lands east of the line. The West Jersey Proprietors never formally accepted the line as a proper division of the Colony, though maps and surveys can be produced to show that individual proprietors, when giving title, made mention of the line as the eastern boundary of estates. This continued until the final settlement of the New York and New Jersey boundary line. "When in 1775 the mouth of the Fish-Kill was accepted as the western termination of that line, the West Jersey Proprietors saw tliat it would be to their advantage to claim that this point should also be made the north partition point of the East and West Jersey line. They contended for 21 this point for many years, but never went so far as to have the line surveyed and marked. The controversy was not brought to an issue until 1854 when Justice Potts of the Ocean County Circuit Court gave an opinion that seems to have settled the matter against the claims of West Jersey. The case before him is designated George Cornelius ) ( and ,^ vs. : James Gibertson. Christian D. Empson ) ( and involved the title to property recognized to be east of the Lawrence line. The plaintiffs, Cornelius and Empson, claiming title under warrant from the East Jersey Proprietors given August 27, 1835, and sought to oust the defendant, Gibertson, who produced title to the same property granted by West Jersey Proprietors as early as February 10^ 1809. The case, when appealed to the Supreme Court, is reported in 1 Butcher, pp 1-40. wherein the charge to the jury by Justice Potts is quoted in full. His argument is that, in the adjudication of the boundary, it is necessary to follow the exact language of the quinti- partite Deed of Division, which establishes the north partition point on the "northermost Branch of Delaware'' at latitude 41 40'. He asserts that the language of this deed does not require that this point shall be at the "mouth" of a "Branch" flowing into the Delaware, but merely locates it on the main stream which may properly be designated the "Northermost Branch" as distinguished from the Lehigh river, which may be considered the "Westermost Branch." Therefore the line surveyed by Lawrence from the South partition point to latitude 41° 40' on the Delaware is the true boundary line between East and West Jersey, and any grant of title by the West Jersey Proprietors east of that line is necessarily void so far as their right to give valid title is concerned. When the case was carried to the Supreme Court on the question of title by adverse possession for twenty years, the ruling of Justice Potts, as above summarized, was not seriously questioned, and consequently stands as a judicial determination of the facts in the case. Therefore it seems proper to claim that the correctness of the Lawrence Line has been affirmed by the Supreme Court of our State and that there is little propriety in questioning it. NOTE. For a brief statement of the boundary controversy, the reader is referred to a paper by Dr. George H. Cook, Surveyor General of East Jersey, read at the "Bi-Centennial Celebration of the Board of American Proprietors of East New Jersey," held at Perth Amboy, Tues- day, November 25, 1884, and published by authority of the Board. An important map accompanies the paper.