oV r o "Z''^^^' '■fu. ^' V 4 o ' ^* *• ^O, o . ^^'' ^"^ ..■-..• / % --.. ■-. z y^. ... ^ %oO \ ;/ ^.^ f'23^ /Jy ^V>v/'/«^^^^//* A^ i /srA^t rx. .Ni AN HISTORICAL ACCOUNT OF THE FIRST SETTLEMENT OF SALEM, IN WEST JERSEY, By JOHN FENWICK, Esq. CHIEF PROPRIETOR OF THE SAME; WITH MANY OF THE IMPORTANT EVKNTS THAT HAVE OC- CURRED, DOWN TO THE PRESENT GENERATION, EMBRACING A PERIOD OF ONE HUN- DRED AND FIFTY YEARS. BY R. G. JOHNSON. PHILADELPHIA: PUBLISHED BY ORRIN ROGERS, No. 67 South Second Street, 1839. ExTKHED according to Act of Congress, in the year 1839, by OllRlJf lioGERS, in the Office of the Clerk of the District Court of the Eastern Dis- trict of Pennsylvania. 3 11^ Meiihihew &c '1'hompso^', Printers 7 Carter's Alley. PREFACE. At the time the following pages were delivered before the citizens of Salem at their Lyceum, 1 had not the most distant thought that those lectures would have excited such an interest in the public mind as to require their pub- lication. But since then I have been frequently importuned to permit them to be published, that the inhabitants of our county might know something of the transactions of for- mer generations. Far be it from me to claim any pretensions to be con- sidered as an author; my avocations for almost fifty years have been exclusively devoted to agricultural pur- suits. I am very reluctantly obliged to yield to the soli- citations of my neighbors, and permit the press to afford to every one who chooses an opportunity of reading what had before been delivered in the Court House, with some additions appended thereto. R. G. Johnson. HISTORICAL EVENTS, &c. My Friends and Neighbors, — I present myself before you at this time in compliance with a desire expressed by the members of a literary society, late- ly instituted in this town, that I would address you upon such a subject as might be most agreeable to myself. I willingly assent thereto, and am disposed cheerfully to afford such information, considering the precarious state of my health, as from my memory and such other sources as I can obtain. I shall therefore crave your serious attention, while I endeavor to carry your recollections through a long succession of time, viz : from the year 1663, to about 1830 ; an epoch, which I hope will not be an unacceptable narration to my audience, while I shall endeavor to relate the most important events which had taken place in our country v/ithin those periods. These reminiscences cannot be expected to be al- together perfect, but such light as I have been able to obtain, will be faithfully exhibited to you. You may call this if you please — 1* 6 FIRST SETTLEMENT OF '* The history of our county from the first settle- ment of it, down to the present generation." But it would be perhaps more proper, and at the same time instructive, that I should give you a chronological account of all our country from its first discovery down to our time, and that I will do in as few words as possible. Jn the year 1492, Christopher Columbus first dis- covered America. 1497. John Cabot, and then his son Sebastian Cabot, grand pilot of England, for King Henry VII. first discovered North America, not known to Co- lumbus, from Cape Florida, as far as sixty-seven de- grees thirty minutes North. 1524. The French followed the track of Cabot under Vorazin. 1525 and 7. Thorn and Elliott of Bristol took a more perfect view^ of Newfoundland. 1581. Sir Walter Rawleigh, for Queen Elizabeth, sent the first Colony to Virginia. 1608. John Guy and others, from Bristol went and, settled Newfoundland. 1609. Henry Hudson, an Englishman, having traversed Hudson's bay, came and surveyed these parts, called New York and New Jersey, and the river Hudson is called after his name. 1614. The Dutch, having bought Hudson's charts and maps, began to settle New York, calling it New Netherland, for which Samuel Argal, Governor ot Virginia, soon put a check to them ; for that Hudson could not alienate the same from the crown of Eng- land. Hereupon the Dutch Governor submitted to SALEM, IN WEST JERSEY. 7 the crown ; but a new Governor from Amsterdam, failed in paying the conditioned tribute, and began to fortify himself here, at New York, and at New Cas- tle on Delaware river. Complaint being made to King Charles, and by him represented to the States of Holland, they declared by an instrument, that they were no way interested in it, being the undertaking of the West India Company of Amsterdam, and re- ferred it wholly to his majesty's pleasure — upon this, 1627. A commission was issued to Sir George Calvert, for Maryland, and then the Hollanders con- sented to be gone, and leave all they had, for the sum of £2,500. 1627. The Swedes and Finns arrived and landed at Cape Inlopen, at which time the Dutch had left the country. They returned and built up Lewis- town. 1631. The Swedes built a fort near Wilmington, which they called Christeen, afterwards destroyed by the Dutch. They built a Fort at Fort Point, now the property of Benjamin Holmes, in Elsinborough. Another was built at Finns' point, opposite Fort Dela- ware ; another on Tinicum island, and several other places along the river Delaware. 1638. The Dutch under pretence of taking in fresh water, seized upon New York, and changed the name to Amsterdam. They had several years before this time, taken possession of both sides of the Delaware river. They had in 1623 built a fort at what i% now called Glou- cester point, but it was some short time after that 8 FIRST SETTLEMENT OF destroyed by the Renappi Indians. They also built a fort at Elsinborough, which was subsequently de- stroyed by these same Indians. 1648. There were small settlements of Swedes along the shore of our county ; so much so that the Rev. Campanius makes the following notice in his diary : on the 16th May, 1648, having obtained a proper passport from the Governor and council, I sailed in the Lord's name, with my family from Elfs- borg, in New Sweden, on board of the ship Swan, and on the 18th, came into the bay. The distance between Elfsborg and the bay is nine miles ; and on account of the numerous banks in the river, we were three days in descending into the bay. On the 19th we came to Cape May. 1655. The Dutch under the command of Peter Stuyvesant arrived in the Delaware in seven vessels from New York, having on board six or seven hun- dred men, captured all the Swedes, took possession of their forts, and carried the officers and principal inhabitants, prisoners to New York, and from thence some of them to Holland ; the common people submit- ted to the conquerors. 1661. King Charles II. sent Sir Robert Holmes, and reduced New York. 1663. De Ruiter, sailed to New York, took it, and made great depredations. Then followed the war with Holland. 1663-4. King Charles II. granted all that terri- tory called by the Dutch, New Netherland, unto his brother the Duke ^f York, who sent General Nichols forthwith, and retook it from the Hollanders. SALEM, IN WEST JERSEY. 9 1664. The Duke granted that part now called New Jersey, to Lord Berkeley of Stratton, and Sir George Carteret jointly. On the 4th December, in this year Governor Nichols, of New York, made a grant of Elizabethtown, to sundry persons, before the Duke of York's grant was known. 1665. Sir Robert Carr obtained the submission of the Swedes settled on the Delaware, and some of these were the people whom Fen wick and his follow- ers found located in Penn's Neck, and along the Old Man's creek, when he arrived there. 1672, The Dutch reduced the country again. 1673. By the peace of Westminster, it was re- stored. 1673^ Lord Berkeley conveyed his right to John Fenwick. February^ 1674. Fenwick, to Penn and others, conveyed nine ten-parts thereof for Billings. June, 1 674. In consequence of the conquest made by the Dutch, and to obviate any objections that might arise on account thereof against the former grant, a new patent was issued to the Duke of York for the same country. July. A partition having been agreed upon be- tween Sir George Carteret and the assigns of Ed- ward Billings ; the Duke of York by deeds of case and release, granted East Jersey to Sir George Car- teret. 1675. Lord Berkeley's half, (West Jersey) was sold to John Fenwick, in trust for Edward Billings, who assigned his interest therein to William Penn, Gawn Lawrie, and Nicholas Lucas, as trustees for the use of his creditors. 10 FIRST SETTLEMENT OF July, 1679. Partition made between Sir George Carteret, Penn, and other trustees, by which the Eastern part fell to Sir George Carteret, called East Jersey. This partition was confirmed by an act of the General Assembly in 1719. October, 1678. The Duke of York made, a new grant of West Jersey, to the assignees of Lord Berke- ley. December, 1678. Sir George Carteret by his will dated 5th December, 1678, directed his East New Jersey to be sold — soon afterwards he died. February, 1681. The Earl of Bath, and other trustees of the said will of Sir George Carteret con- veyed East New Jersey to twelve, and these to twelve more, increasing their number to twenty-four.proprie- tors. March, 1682. The Duke of York made a new grant for East Jersey to the said twenty-four pro- prietors. 1682. King Charles II. ratified it by proclama- tion. From the above date of 1663-4, when the first grant was made for New Jersey by King Charles II; to the 4th day of July, 1776 — the declaration of our American independence — the State was under the do- minion of the following named crowned heads, here- with exhibited, showing the time when they began to reign, and the number of years they reigned., Charles II. 1660, 25 years. James II. 1685, 3 '^ William III. 1688, 13 " and Mary II. 1688, 6 " SALEM, IN WEST JERSEY. 11 14 years. 13 "^ " 33 " 16 " to the eiv Jersey from the by the proprietors Queen Anne, 1701, George 1. 1714, George II. 1727, George III. 1760, American revolution. Names of the Governors of N surrender of the Government in 1702, to the year 1776. Edward Viscount Cornbury, John Lord Lovelace, Lieut. Gov. Richard Ingoldsby, Brigadier, Robert Hunter, William Burnet, John Montgomery, William Crosbey, John Anderson, president of the Council, John Hamilton, Lewis Morris, John Hamilton, succeeded by John Reading, President, Jonathan Belcher, died, and the government devolved on John Reading, President, Francis Bernard, Thomas Boone, Josiah Hardy, William Franklin, The last Officer of the Customs for Salem and Cohan sey. John Hatton, Esq., Collector. 1702 to 1708. 1708 u 1709. 1709 a 1710. 1710 a 1720. 1720 a 1727. 1728 <( 1731. 1721 ( i 1736. 1736 1 died in two • weeks, 1736 (( 1738. 1738 i( 1746. 1746, died and was 1746 u 1747. 1747 C( 1757. 1757 a 1758. 1758 a 1760. 1761 u 1761. 1761 a 1763. 1763 a 1776. 1776 to 1790. 1790 (( 1793. 1793 (( 1801. 1801 u 1802. 1802 <( 1803. 1803 li 1812. 1812 u 1813. 1813 a 1815. 1815 u 1829. 1817 u 1829. 12 FIRST SETTLEMENT OF Governors under the present American Independent Constitution of New Jersey. William Livingston, William Patterson, Richard Howell, Joseph Bloomfield, John Lambert, President, Joseph Bloomfield, Aaron Ogden, William S. Pennington, Mahlon Dickenson, Isaac W. Williamson, Somewhere about the time of the discovery of this country, there appeared a greedy spirit for enterprise to pervade several European nations, the most active were the Swedes and Hollanders. The English go- vernment emulous to excel their neighbors on the continent in discoveries, and jealous of the aspiring dispositions which were so manifest by those people, made great exertions to instil into the minds of their own citizens, a spirit for adventure and enterprise ; and the most flattering allurements were held out to such individuals as would emigrate to this, then called the new world. Propositions of the most captivating kind, were of- fered to such people as would emigrate ; they were — that the proprietors of this delightful and fertile coun- try would grant to all such persons who would emi- grate thither seventy acres of land, and also seventy acres of land to every male servant, and for female servants, or such persons who might be weak and sickly, fifty acres of land. SALEM, IN WEST JERSEY. 13 The government of Great Britain was disposed to give every necessary facility to expedite the settHng of the new world, and accordingly Charles II., then king of England, conveyed all the new State of New Jersey, as 1 have before stated, to his brother James, Duke of York, in the year 1663-4, and James, some short time after that, conveyed the said State to John Lord Berkeley, and Sir George Carteret in 1664. After that Major John Fenwick contracted with John Lord Berkeley for the moiety or half part of New Jer- sey in the year 1673, for which he agreed to pay £1000. And besides in the exemplification of the engraved copy of the deed from Charles IK to his brother James, Duke of York, in the chancery of England, John Fenwick's name is therein mentioned in the following w^ords : " Nos autem tenorem literarum Paten, (pdcan abreviated) ad requisitionem Johannis Fenwick Armigeri duximus exemplificans per pre- sentes, in cujus rei testimonii has literas meas fieri fecimus paten. Teste meipo apud Westmi, quin- todecimo die Junii Anno regni nostri visesimo sep- timo." Fenwick's arrival. — -As soon as possible after Fenwick had arrived in America, which was in the month of June, 1675, he most faithfully set about making a treaty with the Indians, who then inhabited this part of the state in great numbers, and purchased from them the right to the soil in all the country now including Salem and Cumberland counties. Fenwick's family. — Fenwick brought out with him from England, to Salem, in the prbvince of West 14 FIRST SETTLEMENT OF Jersey, three daughters — Elizabeth, Anna, and Pris- cilla. Also, John Adams, the husband to Elizabeth, with three children — Elizabeth, Fenwick, and Mary. Also, Edward Chamneys, the husband of Priscilla, with two children — John and Mary — with his ten servants, viz : Robert Turner, Gervas Bywater, William Wilkenson, Joseph Worth, Michael Eaton, Eleanor Geere, Ruth Geere, Zachariah Geere, Sarah Hutchens, and Ann Parsons. The servants of Ed- ward Chamneys were, Mark Reeve, Edward Webb, and Elizabeth Waites. Anna Fenwick, some short time after their arrival, married Samuel Hed^e. Fenwick contracts with the Indian chiefs. Fenwick, well knowing that it would greatly advance his interest here if he could effect a purchase in a friendly and peaceable manner with the natives, con- vened their chiefs, and a contract was entered into with them for the sale of all their right and title to the lands now known by the name of Salem and Cumberland counties. The first purchase was for the lands included within Salem and Old-man's creeks — which creeks were called by the Indians Mosacksa and Forcus ; the grant to these lands was made by the chiefs Tospaminkey and Henaminkey. Second purchase. — The second purchase was for all the lands lying between Forcus creek, or, as it was afterwards called, Game creek, or Fenwick's river, and now Salem creek, and the Canahockink creek, now called Cohansey ; and by some of the first settlers it was called Cohanzick, from a chief SALEM, IN WEST JERSEY. 15 who resided on the south side thereof. This grant was from the chiefs whose names were Mahoppony, Allaways, Necomis, and his mother Necosshehesco, Myhoppony, and Shuccotery. Of all the water- courses within the county of Salem, I recollect only the names of six which at this day retain their pri- mitive or Indian names. They are, 1st — The Alla- ways, which you all know. 2d — The Necomis, the run at the side of which are the marl-pits, now the property of John Dickenson, Esq., near Sharptown. 3d — The Mahoppony, that branch of Pledger's creek opposite to Clayton VVistar's house, and on which there was formerly a tide mill. 4th — The Macki- nippuck, on which Richard Sceley's mill stands, two miles north-west of Greenwich. 5th — The Mani- muska, the branch on which is built the village of Port Elizabeth. 6th — A small branch of Morris river, called Menantico, situate about half-way be- tween Mill-ville and Port Elizabeth. The third purchase. — The third purchase was from the Canahockink, now Cohansey, to the Wa- hatquenack, now Morris river. The grantors were — Mahawskey, Mohut, who styles himself the king, Newsego, Chechenaham, Torucho, and Shacanum. Payment made to the Indians. — So far as I have been able to collect information, the tract of country included within the bounds of Old-man's creek and Morris river, was purchased from these chiefs for the following described goods, viz : 4 guns, powder, and lead ; 10^ ankers of rum, equal to about 336 gallons ; some shirts, shoes, and stockings ; 4 16 FIRST SETTLEMENT OF blankets ; 16 match coats ; 1 piece of match coating, and other English goods. This purchase was made in the years 1675 and 1676. Time of Fenwick's death, — Emigrants were now arriving, and Fenwick having become the chief proprietor of this large tract of country, which he called Fenwick's colony, sales v/ere rapidly made of large as well as small tracts of land, and so conti- nued until his death, which took place between the months of August, 1683, and April, 1684. THE FIRST AND GENERAL ORDER, AS AGREED UPON BY FENWICK AND THE FIRST PURCHASERS. We whose names are here subscribed, do first de- clare, as hereby is declared, that we have been ex- posed to great hazards, straits, dangers and cruelties whilst at sea. John Lord Berkeley's deed being de- clared to be left in England, was the cause of our troubles we met with there, and at our arrival, when our sorrows were multiplied, our miseries increased through cruelties and oppression ; so that, as it ap- peared, John Eldrige and Edmund Warner labored to send us away with the shadow, whilst they de- tained from us the substance, that should every where preserve us and our interest from ruin, even the ruin under which we hitherto groaned, and like to be ruined, having received no relief from England, nei- ther can we hear when to expect any ; but wholly left as a people forsaken, even forsaken of them that pretended to take care of us ; and many of those that embarked with us in the same undertaking did also desert us, and disperse themselves into other coun- SALEM, IN WEST JERSEY. 17 tries ; so that now, if we can live, we may — if we cannot, we may die, for the care that has been and is taken by those men, as if their own interests were our destruction. But, blessed be the God of heaven and of earth, who hath showed us mercy, (to the amazement of our enemies here, and so it will be also to others in due time,) praised be his name for ever, he hath also by his Spirit stirred in the hearts of many good people to pity us, and made them will- ing to come and join with us, sitting down together in this tract of land, which John Fen wick, the chief proprietor, purchased of the natives for his colony, and to satisfy every of his purchasers by setting out their tracts of land therein accordingly. To the end, therefore, that the Lord's requirings may be answer- ed, the desires of strangers satisfied, the said colony planted, we and our families preserved from ruin, every purchaser having his land set out, the natives neither provocated nor tempted, but all our lives pre- served by setting out and planting the land as people come to take it up, and so sitting down together as in other countries — We, after many meetings and seri- ous consultations, do unanimously agree and conclude upon the method following, which we, the chief pur- chasers of Fenwick's colony, and other the pur- chasers and freeholders residing within the same, do approve of and judge to be most just, reasonable and equal ; and do therefore declare and order, that every purchaser that is resident shall forthwith have his tract of land set out — the one-half in the liberty of Cohanzick, the other half in the liberty of AUaways, or as the chief proprietor shall order the same there 2* 18 FIRST SETTLEME^'T OF or elsewhere ; the said purchasers casting lots only, who shall begin and succeed till their tracts be sur- veyed and set out ; and after their tracts of land are set forth and surveyed, then in order according to the lots as aforesaid, shall the tracts of which they are entrusted with be set out and surveyed also, as they come to sit down upon and improve the same, making it first appear to the chief proprietor and council that they really Intend the same. 2d. That there shall be a neck or two of land set out for a town at Cohanzick, and divided into two parts — the one for the chief proprietor, the other to be set out in town lots for the purchasers, which lots are to be reckoned as part of their purchases. The chief proprietor is to settle upon the town, gratis, a common of marsh, and to dispose of his part for the encouraging of trade. That the said lots shall be sixteen acres a-piece, and that every purchaser shall take their lots in the town as they come to take them up and plant them. And as for the settling of the town of New Salem, it is likewise ordered that the town be divided by a street ; that the south-east side be for the purchasers, who are to take their lots of sixteen acres as they come to take them up and plant them, as they hap- pen to join to the lots of the purchasers resident, who are to hold their present plantations, and all of them to be accounted as part of their purchases ; and the other part, on the north and by east and by south, is to be disposed of by the chief proprietor for the en- couragement of trade ; he also giving for the good of SALEM, IN WEST JERSEY. 19 the town in general, the field of marsh that lieth be- tween the town and Goodchild's plantation ; — and, Lastly, we do leave all other things concerning the setting forth and surveying the said purchases, unto the chief proprietor, to order as he sees fit. Signed accordingly, the twenty-fifth day of the Fourth month, 1676. FENWICK. Edward Wade, John Smith, Richard Noble, Saml. Nicholson, John Addams, Hypolite Lefevre, Edward Champnes, Richard Whitacar, William Mal'ster, Robert Wade. FOR new SALEM AND COHANZICK TO SET OUT THEIR LOTS. Whereas, upon the twenty-fifth of the Fourth month last past, it was consented to and agreed upon by me and all my purchasers, freeholders and planters, then resident in my said colony, that the town of New Salem, and the town which is intended to be built at Cohanzick, should contain as much land as the one-half thereof will afford sixteen acres for a home-lot for every purchaser, and that they should be set forth and surveyed, so as that every one of the said purchasers, paying the surveyor for the ^ame, may take them as they come to build or plant 20 FIRST SETTLEMENT OF in order to their setting down upon them, being part of their purchased tracts of land. And the other half of the tract of land to be set out, be at the whole disposal of me the chief proprietor, for the increase of the said towns ; I also allowing the inhabitants thereof a competent tract of marshes adjoining there- unto, for a free common unto each town, and that the chief street in each town be as a partition be- tween me and the purchasers, and our several tene- ments. And whereas, by the wilful neglect, dishonest and unjust carriage of Richard Noble, the setting forth thereof have been deferred till now : These are therefore to wiL and require thee, Richard Hancock, forthwith upon the receipt thereof, with all possible convenient speed, to survey the said townships for forty and two purchasers, at sixteen acres a-piece, to be divided as aforesaid, beginning at New Salem, and so settling the present planters there, and that they may enjoy their present plantations, with as little trouble and damage as possible may be, and make several certificates for them accordingly ; and that not only in Salem, but the like in Cohanzick also, according as they take it up ; setting out other the lands in both townships in a general form, leav- ing the particular lots to be laid out as they come, bringing with them my warrant for the doing there- of; and thou art to deliver all and every thy certifi- cates unto Fenwick Adams, my secretary and regis- ter, or to him who executes the said oflice on his behalf, to the end they may be registered together with other certificates accordingly. Given at New SALEM, IN WEST JERSEY. 21 Salem, under my hand and seal, the eighteenth day of the Seventh month, commonly called September, 1676, and in the eight-and-twentieth year of the reign of Charles the Second, King of England, &c. &c. By John Fenwick, Esq., Lord or chief proprietor of the moiety or half part of the said province in America. At a council and consultation held at the town of New Salem, for Fenwick's colony, within the said province, the sixteenth day of the Third month, com- monly called May, 1678 — by John Fenwick, Lord or chief proprietor ; Saml. Hedge, Surveyor General ; James Nevill, Secretary ; John Smith, Edward Bradway, John Pledger, William Malster — four of the Council, besides the other two ; Edward Wade, Redger Huckins, Christopher White, Richard Whitacar, for William Hancock- four purchasers ; Christopher White, Edward Bradway, and James Nevill, now inhabitants within the said town and colony, being settled upon their several town lots, demanded their several tracts of land granted to them in England, as by their several deed-polls appears, to the end that they, their families and servants, may not only be enabled to live, but also keep in work, and full employment ; and therefore prayed their several tracts might be forthwith set forth and sur- veyed, otherwise they must be forced to sell all and return for England, which will tend to their utter 22 FIRST SETTLEMENT OF ruin, if not timely prevented. Thereupon their con- ditions were taken into consideration, and a con- siderable time spent in the debate thereof, and that upon the perusal of the orders heretofore made con- cerning the setting forth of all such tracts of land, and proceedings thereupon, it did appear that no rea- son could be shown why they, and such persons that are now come to sit down and inhabit within the colony, should be forced to stay for their tracts, till all that are named in the former proceedings have their tracts of land set out, seeing they themselves have neglected to sue out their warrants for the set- ting forth and surveying of their lands, and planting of them themselves, according to the true intent of the said orders and all other proceedings : And therefore it was thought fit (not only for the accom- modating the said persons, but also for the encour- aging of all and every the purchasers that will come forthwith to sit down and plant their several tracts of land,) to order and declare that there shall be no other method used for the future, than to admit every purchaser as they come in order to their sueing forth of their warrants, to set forth their tracts. And thereupon to set down and plant them themselves, that so no vacancies may be left between tract and tract, of which the said chief proprietor is desired to ake care to prevent, as he shall see cause. SALEM, IN WEST JERSEY. 23 No. C^s. ss. By John Fenwick, Esq., Lord or chief pro- prietor of the said province, and in particu- lar of Fenwick's colony, within the same. The summons for persons to enter their CLAIMS WITHIN A MONTH. — Whcrcas, there are divers and sundry persons, both Dutch and French, as well as English, who have presumed upon none or very slender pretences to claim an interest unto several tracts, pieces and parcels of land, lying with- in my said colony, without applying themselves unto me, and producing any lawful authority to warrant their doings therein ; and to secure them who have entered upon, cut down the woods, and settled them- selves upon their supposed plantations, either as their tenants or purchasers, all which tends to the breach of the king's peace within the said colony, besides the obstructing of the settlement thereof, contrary to his majesty's letters patent, bearing date the twelfth day of March, in the sixteenth year of his reign. The grant from James Duke of Yorke, bearing date the four-and-twentieth day of June, in the said six- teenth year of his said majesty's reign, made unto John Lord Berkeley and Sir George Carteret, knight and baronet, jointly. And the said Lord Berkeley's deed, made unto me, of his whole moiety and half part, bearing date the eighteenth day of the First month, commonly called March, in the year one thousand six hundred seventy-and-three, and enrolled in the high court of chancery within the kingdom of England, and hath been produced to Major Edmund Andross. the Governor of New York, and his coun- -S'l FIRST SETTLEMENT OF cil, for their preventing of future trouble, and the furtherance of the settling of the said moiety, half part and colony, by me, and all and every the pur- chasers who lawfully claim under me. These are therefore to will and require all and every such per- son and persons above mentioned, and in his ma- jesty's name, straightly to charge and command them, and every of them, to come and appear before me, and to bring every paper, order and warrant, which they have to show for their pretended titles, to the end they may be enrolled in a book for that pur- pose provided, and thereupon a day appointed for their several appearance before me and my council, in order to a final determination of each man's par- ticular interest, according to the law of England, and the said late lords proprietors' concessions establish- ed in order thereunto within the said province, in pursuance of the said letters patent and several grants aforesaid ; so that I, and them the said persons with all that claim under me, may not only receive satis- faction, but also that my said colony, and all the planters within the same, may be settled in the love of God by the laws of the king of England, and in that peace which becomes all our great professions of being christians, and declarations, oaths and sub- scriptions of our bearing true allegiance unto the king of England, his heirs and successors ; and to all and every person and persons that are concerned as aforesaid, and not to fail, upon notice hereof, forth- with to appear accordingly, so as within one month after the date hereof, the business may be settled, and they no ways to suffer through their contempt. SALEM, IN WEST JERSEY. 25 Given under my hand and seal, at New Salem, this sixteenth day of the Third month, commonly called May, in the year, according to the English account, one thousand six hundred seventy and eight, and in the thirtieth year of the reign of King Charles the Second of England, &c. The adventurers to this American colony of Fen- wick's were persons who exhibited the greatest reso- lution and enduring fortitude in locating themselves here, surrounded by vast numbers of savages — 3000 miles from their native home — a wide ocean between them, and cut off from all the endearments of civil- ized life — a sickly and howling wilderness before them, and very indifferently provided with even the common necessaries of life — the proprietor himself largely indebted for the great purchase he had made — and, to crown all his troubles, some of the emi- grants, not long after their arrival, showed symptoms of discontent, and a few even contemned his au- thority. Yet he had the tact to manage his concerns in such a way as that he lost no influence, or but a little, among the majority of the well-disposed ; his sterling good sense pointed out to him the necessity of keeping upon the very best terms with his neigh- bors, the Indians — so much so, that I have never heard that they had at any time proved unruly or treacherous, either towards him or any of the set- tlers. He hastened to establish such a government as he could well do, according to the circumstances of the times in which they were then placed — appointed all the necessary officers thereof — located his office 3 26 FIRST SETTLEMENT OF for the transaction of all kinds of business, in a small house about 200 yards above the Salem bridge, on the rising ground near the creek, and which was designated with the imposing title of, " My ojice at Ivy Point. ''^ Fenwick appoints Gov. Penn guardian to his THREE GRAND-SONS. — FcDwick in his will appointed and constituted that reputed great and good man, Governor Penn, the guardian of his three favorite grand-sons, viz: Fenwick Adams, Samuel Hedge, Jr., and John Champneys, to the exclusion of their own fathers. He was also one of his executors, in conjunction with John Smith of Smithfield, Samuel Hedge of Hedgefield, and Richard Tindal of Tindal's Bower. During the nonage of these three grand- sons, his executors were empowered by said will to sell and dispose of what quantity of land that they could, for the payment of his debts ; they did so, and almost all the people of these counties have derived remotely their title to their lands from these exe- cutors. On the 1st March, in the year 1682, Fenwick conveyed the moiety of his proprietary, which he originally purchased from John Lord Berkeley, to Governor Penn, of Pennsylvania, excepting and re- serving therefrom, to himself, his heirs and assigns, for ever, all that tract of country which was called Fenwick's colony, containing, as was supposed, 150,000 acres. This clause in the deed being as follows — " Excepting and always foreprised out of this grant, to the said John Fenwick, his heirs and assigns, the quantity of one hundred and fifty thous- SALEM, IN WEST JERSEY. 27 and acres, in the tract of land called Fenwick's co- lony, being part and parcel of the aforesaid tenth, with powers and privileges henceforth to hold and keep court leets and court barons, under the govern- ment of the said William Penn, his heirs and assigns, in such part thereof where he hath not already grant- ed and alienated the power of so doing, together with all the rents, issues and profits thereof; in consider- ation whereof, the said John Fenwick, his heirs and assigns, shall pay unto the said William Penn, his heirs and assigns, yearly for ever. Two Buckskins, on the twenty-ninth day of September in every year, if lawfully demanded ; together with all royalties, powers, escripts and miniments whatsoever, except- ing which partly relates to the before excepted and foreprised lands, touching and concerning the said premises, or any part or parcel of them. The following agreement between William Penn, and Samuel Hedge, John Smith, and Richard Tin- dal, executors of John Fenwick, is in these words : " Several things discoursed of to be agreed upon be- tween William Penn, Proprietor and Governor of Pennsylvania and territories, and Samuel Hedge, John Smith, and Richard Tindal, executors of Mr. John Fenwick — That the said WiUiam Penn, being proprietor by conveyance or deed from the said John Fenwick, may from time to time take up land and dispose of land for the planting and improving of the colony, providing always that the heirs and assigns of the said John'^Fenwick have the reserved number of one hundred and fifty thousand acres, that the same may from time to time be taken up, planted, or dis- 28 FIRST SETTLEMENT OF posed of, for the use appointed by his will for that pur- pose; that the said Samuel Hedge, Richard Tindal, and John Smith, do condescend to that the said William Penn get the neck between Salem creek and Old-man's creek, so far as the same is unsold or disposed of by John Fenwick, shall be and is hereby allotted to be disposed of or settled by William Penn from time to time for the royalties of such lands as are dis- posed of, he making full reprise for the same, that John Smith agreeth to resign his five hundred acres in the town for 500 elsewhere in the same jurisdic- tion, referring to him a double town lot, each lot being fifteen acres ; — the remainder to be common until taken by warrants as town lots — except 60 acres for a town and a commandechant to the proprietor Wil- liam Penn, — that the lot already laid out before the first day of the Eighth month ensuing the date hereof, be settled by the respective owners — else free to be settled by others paying the value of the said lots as it is judged in open court that there may be a gene- ral warrant granted by the said William Penn to the surveying the tenth, enabling him to resurvey all tracts compleated as of more than may be coming to his agent for the time being. — Dated Salem, 13th of the 2d month, 1684. Signed, William Penn, Witness, Samuel Hedge, Arthur Cook, John Smith, James Nevell. Richard Tindall. During the civil wars that were raging and in which Charles Stewart, King of England, was be- SALEM, IN WEST JNRSEY. 29 headed — Oliver Cromwell, being the exemplar for Napoleon Bonaparte in these modern times, seized upon the reins of government ; and we have good reason to think that Fenwick was actively engaged in those bloody and turbulent scenes, and by his ex- ertions, in some measure, assisted to promote the ele- vation of that hypocritical and whining usurper. King Charles decapitated. — You may proba- bly remember that the judges composing the high court of justice, as they styled themselves, who pass- ed sentence of death against King Charles I. were branded with the approbrious epithets of regicides, in the reign of his son Charles II. who succeeded to the throne. One of that number was Oliver Crom- well. He gave a commission to John Fenwick as major of cavalry, commanding him to attend with his squadron, and, in conjunction with the foot troops under the commands of Colonel Hacker, Col. Huncks and Lieut. Colonel Phayer, see to the execution of decapitating the king being carried into effect — which was done on the 13th January, 1648. The commission to Fenwick, was written through- out in the hand writing of Cromwell, with his signa- ture and seal affixed. Th ree of those regicides fled to this country, and I would recommend to my young hearers to look into the historical collections of Connecticut, and there they will find much to amuse and instruct themselves respecting them. The death warrant was in these words, and signed by the judges whose names are hereunto annex- ed : — 3* 30 FIRST SETTLEMENT OF At the high Court of Justice, for the trying and in- dicting of Charles Stewart, King of England, Ja- nuary 29th, Anno Domine, 1648. Whereas, Charles Stewart, King of England, is and standeth convicted, attainted and condemned of high treason, and other high crimes, and sentence upon Saturday last was pronounced against him by this court to be put to death by the severing of his head from his body, of which sentence execution yet remaineth to be done. These are, therefore, to will and require you to see the said sentence executed in the open street before Whitehall, upon the morrow, being the thirtieth day of this instant month of Ja- nuary, between the hours of ten in the morning and five in the afternoon of the same day with full effect. And for so doing this shall be your sufficient warrant. And these are to require all officers and soldiers and other the good people of this nation of England to be assisting unto you in this service. Given under our hands and seals. To Colonel Francis , Hacker, Col. Huncks and Lieutenant Col. Phayer, and to every of them. Here follows the names of the Judges, with their titles attached to them — President, John Bradshaw, Col. Thomas Lord Grey, Lieut. Col. O. Cromwell, Col. Edward Whalley,* Sir Michael Livesey, Col. John Okey, Sir John Danvers, Sir John Bowrehier, Commissary General Henry Ireton, SALEM, IN WEST JERSEY. 31 Sir Thomas Malverer, John Blackstone, Esquire, Col. John Hutchenson, Col. William Goff,* Thoruid, Col. Peter Temple, Col. Thomas Harrison, Henry Smith, Esquire, Peregrine Pelham, Esquire, Col Richard Dean, Robert Titchbourne, Alderman of London, Col. Thomas Hammond, Daniel Blagrave, Esquire, Col. Owen Rowe, of London, Col. William Purefoy, Col. Adrian Scrope, Col. James Temple, Augustine Garland, Esquire, Col. Edward Ludlow, Henry Marten, Esquire, Thomas Scott, John Carew, Esquire, Miles Corbet, Esquire, Vincent Potter, Sir William Constable, Knight, Col. Richard Jngoldesby, William Cawley, Esquire, Col. Isaac Ewer, John Dixwell, Esquire,*^ Valentine Walton, Simon Mayne, Esquire, Col. Thomas Horton, 33 FIRST SETTLEMENT OF John Jones, Esquire, Col. John Venne, of London, Gilbert Millington, Esquire, Col George Fleetwood, Col. Robert Lilburne, William Say, Esquire, Col. Anthony Stapley, Sir Gregory Norton, Thomas Challoneer, Esquire, Thomas Wogan, Gregory Clement, Esquire, John Penn, John Downes, Esquire, Col. Thomas Wayte. * Those marked * are those who fled to this coun- try and died in New England. Bradshaw commisssions FenwicJc as Captain of Cavalry. — The first of those Judges who signed that death warrant was John Bradshawe ; he was chosen President of the Parliament, which afterwards had the nickname of the Rump Parliament. Brad- shaw issued a commission to Fen wick, in the follow- ing words, " by virtue of the authority to us commit- ted by the Parliament, we do hereby constitute and appoint you, Major John Fenwick, to be a captain of a troop of horse, of such well affected persons as shall voluntarily list themselves under you in the county of Surrey, for the defence of the said county, and the commonwealth, against any of the enemies thereof, which troop you are with all expedition to list and prepare, and all officers and soldiers of the same are hereby required to be obedient to your com- SALEM, IN WEST JERSEY. 33 mand as their captain by virtue of this commission given unto you; and you are to observe and obey such orders and directions as you shall from time to time receive from the Parliament, this council, the Lord General, or from any other authorised by them, or either of them for that purpose. Given at the Coun- cil of State at White Hall this 4.th September, 1651." }o. Bradshaw, President. Fenwick's certificate of church member- ship. — Fenwick was also a member of a religious so- ciety, according to this certificate. "These are to cer- tify the churches of Jesus Christ, and all others whom it may any ways concern, that the bearer hereof. Ma- jor John Fenwick, is, and hath been for several years last past, an admitted member of that church of Christ, whereof John Goodwin is pastor ; and that he hath ever since said knowledge of him behaved himself toward us, and all others, so far as we have heard, with all Christian wisdom, innocence, and ho- liness of conversation. And therefore we desire the churches of Christ will please to give him the right hand of fellowship in their holy administrations. In testimony whereof, we have subscribed our names this 11th February, 1649. John Goodwin, Wm. Allen, John Price, John Griggs, James Parris," From these certificates it must be apparent that Fenwick was a man of hi£;h condi deration among 34 FIRST SETTLEMENT OF the leading cliaracters at that time, and must have exercised great influence among the different classes of the people, or he could not have acquired that public distinction which these documents ex- hibit. Town Plots. — Fenwick conceived the plan, and would endeavor to have carried it into effect, if his life had been spared but a few years, and he not been interrupted by his enemies, by laying out plots for towns in several places in his proprietary. Salem was to be the capitol, with its court leets and court barons. A town to be laid out where the Swedes had a small fort, and to be called "Finnstown point." Lasse Hendricks, Stephen Yearneans, Mat- thias Spackleson, and Erick Yearneans, were Swedes, who being at that time located there, purchased from Fenwick, 1000 acres opposite Fort Delaware, which they called Pumpian's hook. Erick Yearneans, he appointed his bailiff over the bailiwick of west Fen- wick, which we now call Penn's Neck. Another town to be laid out at the cove in upper Penn's Neck, which was to have been called "Bout- town Finns." On the Cohanzick river, or as he af- terwards directed it to be called Csesaria river, and where is now the town of Greenwich, town lots were laid out, and the town to be called Cohanzick, where a court house was to be built, and courts held there. Fenwick had several brothers, but I cannot find that any of them came to America. His fathers name was William Fenwick, who with his eldest son, and who was also the heir apparent, con- veyed a life estate in certain parts of their property to John Heron of Burkley, and to SALEM, IN WEST JERSEY. 35 Francis Burdett, to raise the sum of £500 reserv- ing and retaining certain closes therein mentioned ; and reserving also an annual payment in cash to each of their wives, of £50. This conveyance was for the term of 30 years. It may be probable that this transfer was made to save the estate from confiscation, or some other difficulty that might hap- pen in those troublesome times. John Fenwick is mentioned in that deed of conveyance. The Fenwick family, I have reason to believe, were numerous, — but how they stood related to each other, I cannot say. Col. Nicholas Fenwick was a cousin to John Fen- wick. There was a Col. George Fenwick who came over and settled at Say Brook, in Connecticut, and remained there some years as an agent or supervisor to a large tract of land, luitil the death of his wife; he then returned to England about the year 1648, and was appointed one of the Judges for the trial of Charles I. It appears mysterious, why the wife of Fenwick did not accompany him to America, and in her let- ters to him, she does not advert to any of his children. She no doubt was the step mother, and did not ex- hibit such feelings as are natural to her sex; proba- bly she had an independent fortune of her own, and did not choose to risk it and herself in this then savage wilderness. Among the numerous troubles and vexations which assailed Fenwick, none appear to have distressed him more than the base and abandoned conduct of his granddaughter Elizabeth Adams, who attached herself to a citizen of color (as we say now-a-days.) 36 FIRST SETTLEMENT OF By his will he disinherits her and her offspring for- ever, " except, as he says, the Lord open her eyes to see her abominable transgression against Him, me, and her poor father, by giving her true repentance, and forsaking that black, that hath been the ruin of her." From that illicit connection hath sprung the fami- lies of the Goulds, at a little settlement called Gould- town in Cumberland county. Fenvvick's death. — During all the various, in- incessant and perplexing cares by which he was beset, together with his cruel and tyrannical impri- sonment in New York, and after his release from his confinement, and while designing to reside but for a short time at his plantation in Upper Mar- mington, .which he called Fenvvick's grove, in E^st Fenvvick, he was, while there taken sick and died, and was buried in the family burying ground about two hundred yards from the main road leading to- wards the poor house, and near the line of that farm. I believe there is nothing at this time to mark the place where the remains of that adventurous and great man lie, except a thicket of briars and bram- bles. Family burying grounds were common throughout the county, and interments were continued to be made therein until lon^ since the different religious societies had established their own. Fenwick having involved himself in great difficul- ties with some of the large proprietors in not com- plying with his engagements and contracts in lands SALEM, IN WEST JERSEY.' 37 and money matters, was treated by them with rude- ness and cruelty ; and from his story, if true, pretty much after the lynch law manner as has been prac- ticed in the western states. I will here state his ac- count of his sufferings and injustice done him, to- gether with letters from his wife, and the state of the case made out by Sergeant Edward Saunders, re- specting him and his opponents, and leave every one to form their own opinion of him and the conduct of the other proprietors, or large land-holders, as may be in accordance with their own judgments. Nova C^saria, ss. The remonstrance and declaration, by John Fenwick, Esquire, one of the Lords or Chief Proprietors of the said proprietary, and particularly of Fenwick's colony, lying within the same, sendeth greeting — Whereas, it cannot be denied, but owned and ac- knowledged by all that have been and are concerned with me, both in England and here in America, that I bought, with my own money, (besides my great ex- penses and care,) of John Lord Berkeley, one of the late and absolute Lords Proprietors of the said pro- vince, all his royalties in as full and ample manner as James, Duke of York had granted unto him, as by his deed of the eighteenth day of March, 1673, upon record both in England and within the said colony, appeareth. That afterwards (to wit) for the sake of God's own blessed truth, and for my own outward peace, more than for any other obligation, which either law 38 FIRST SETTLEMENT OF or equity could compel me to, 1 was persuaded by William Penn to reserve the tenth part of my said justly purchased interest to me, my heirs and assigns, for ever, (in hopes to have peaceably and quietly en- joyed the same for a colony,) and to sell the other nine parts to him, the said William Penn, Gawin Laurie and Nicholas Lucas, their heirs and assigns, for £900, as by the deed triparte thereof likewise upon record appeareth. Notwithstanding many illegal practices and designs (which are too many now to mention, because at this time I design brevity,) have been perpetrated and most ruinously carried on against me and my said in- terest by these men and their abettors, in order to the ruining of me, my family, and all those that in simplicity embarked themselves with me, and claimed lands under me within said colony. That by means of such unchristian perplexities, my person has been several times assaulted, my life often and greatly endangered by forcing a gun laden with many swan shot within four yards of my breast, and a pistol discharged with two bullets within two or three feet of my neck ; after my house was beset, my door broken down, and my person seized on in the night time by armed men sent to execute a paper order from the Governor of New York, to whom I was sent prisoner in the depth of winter by sea — his order being to bring me dead or alive ; — where he tried me, himself being judge, keeping me imprisoned for the space of two years and about three months, — albeit that it was not, nor could not be proved that I had broken any of the King's laws. During which time John Eldridge, Edmund War- SALEM, IN WEST JERSEY. 39 ner, William Penn, Gawin Laurie, Nicholas Lucas, Edward Billings and Richard Langhorne of the Tem- ple, counsellor at law, (who lately was executed for treason,) combined together to cheat me of my whole estate, as by the said Langhorne's letter under his hand which I have, ready to be produced, having therein, as it were, buried me alive ; so that my name was never more to be used in theirs nor myown concerns afore- said. That Gawin Laurie sent or delivered the aforesaid letter to James Basse,who being in my colony caused it to be read to all the inhabitants, and it was pub- lished afterwards by Richard Guy throughout the said province ; in and by which their notorious treach- eries and deceit was proclaimed, as well as I was con- sidered naked (for having no estate or interest either in land or goods) as an oak leaf. Upon the reading and publishing of the said most shameful letter, James Basse and Richard Guy be- gan vigorously to seize upon my said colony, causing the same to be surveyed by Richard Hancock (my sworn surveyor general) without my knowledge, al- beit they knew or might have known that I purchased the Indian interest thereof, at my own just charge, of all or most parts of the land which lieth between a creek beyond Cohanzick, to Old-Man's creek, called by the natives Masucksey. And further, to the end that they might enjoy this their unparalleled fraud, the said confederates, or some of them, wrote many letters to Richard Guy, and other their agents at Burlington, to use all their care and industry, to keep and improve this their ill- 40 FIRST SETTLEMENT OF gotten interest in my said colony, and so dispose thereof as by their orders. And in pursuance thereof, Richard Guy, Edward Wade, Edward Bradway, and James Nevili have done what they could to promote the same (under the pretext of the said Governor's commission, which was for one year or until further order, and since the ex- piration thereof, (which was in the Eighth month last) by hindering me from disposing of my land and go- verning the people according to my legal authority, and the government established within this province, which can no wise be legally altered but by the con- sent of the lords or chief proprietors, their council and assembly summoned by their authority, and this all that are concerned will in time be forced to ac- knowledge and submit to before the confusion which is now among us can be appeased, and those great and many enormities (which it hath produced be swept away,) for thereby the name and blessed truth of God has been and is blasphemed. And all that owns and professeth the same is become a scorn, and hissing to the common people (nay even to the na- tives) who are more righteous in their dealings and love to one another, than those who know and pro- fesseth the truth ; but by their deeds (which are not warrantable neither by the laws of God nor the king.) do wilfully rebel against it, which is a grief and bur- then to my soul, and the souls of them who groan within, in, and under the sense hereof. That it has pleased our merciful and almighty God now at last to instigate the people at Burlington to stand up and oppose the power, (that has hitherto SALEM, IN WEST JERSEY. 41 obstructed the settlement of this part of the said pro- vince upon the true basis of the said power and go- vernment which is and ought to be within the whole province, as its entire right, and they have met, as I am given to understand, and appointed the 25th month in order to their settlement; nevertheless they seem to be in pursuit of those unwarrantable and il- legal conspirators of justice (which was to rob me of my just right and property, in which the people are concerned also,) having as it were to attend them at the trial and place appointed, as if my said colony and people therein \\ ere to be subjected under them and led by the concessions of their own controver- sies, which is contrary to law, royalty and good con- science, the customs of all foreign plantations and the said government established within this province, and so has been all the said former proceedings against me, as will be proved to the shame of all that have had a hand therein. For proof of which I desire all sober men further to consider what the known and established laws of England saith — I mean Magna Charta — which has been confirmed by above 32 parliaments, and the 29th chapter runs thus : " No man shall be taken or imprisoned or disseized of his freehold, or titles or or free customs, or be outlawed, or exiled,or merchan- dize destroyed, nor shall the king pass or send upon him, nor condemn him but by lawful judges, or by his equals, or by the laws of the land — we shall set to no man's nod, shall deny or defer to no man either justice or right." This law is- the rule of every just judge : his line, 4* ■ ' 42 FIRST SETTLEMENT OF his measure, his weight, his yard, his balance ; it is called right itself, and common law because it judgeth common right by a right line, which is the judge of itself. Now where is the judgement, where is the sentence or decree by virtue of this law that has condemned me to die, or to have no society among these men in this affair nor to enjoy my own property? Where is the sentence by this law that has taken from me my property, justly purchased, right, title and interest, and divested me of all my freeholds, liberty and free enjoyments? Where is the decree to be found ground- ed upon the said law, that doth declare that my whole estate pretence whereof the said John Eldridge and Edmund Warner wished to secure themselves £l70 15s. and pay my other debts as by the deed of mortgage and trust (which counsellor Saunders saith in his case under his hand witnessed by five suffi- cient witnesses, is proved) is Eldridge's credit, War- ner's, and not mine, which neither law nor equity consider. Because, 1st, they never paid anything for it ; for the account mentioned in the deed was not stated by them, as they promised me before I ex- ecuted the said deed, that I might sign the same to them, and they likewise to me. 2dly. That the debts which they undertook to pay out of the said sum remaining in their hands for that purpose, they never yet made it appear that they paid the same, nor did they overpay me the said sum of £lOO 155. any otherwise. And 3d. They sold not one foot of my land to pay any of my debts mentioned in the said security by John Eldridge in his confessions be- SALEM, IN WEST JERSEY. 43 fore many witnesses ; but made a fraudulent deed of my temporalities (those 140,000 acres was excepted out of the security given William Penn as aforesaid) to WiUiam Penn, Gawin Laurie and Nicholas Lucas, in consideration of 20 shillings, to cheat me (as the counsellor Saunders saith further in his case.) Be- sides they have received (by virtue of a letter of at- torney which I gave them for their further security) £119 out of £451, which they should have re- ceived for me, and as yet never gave me any ac- count of. Oath is made thereof in Chancery, where they refuse to answer and give me a just account, (that so it might have been, or now, determined for me or for them,) because they pretend they cannot sware, whilst their consciences have been and is so large as to endeavour all along to cheat, circumvent and go beyond me ; and that with open face thinking to weary me and all that anywise assist me, and so to ruin me and mine out of all we have, by boasting of their great purses and multitudes of their confede- rates witli them in these their hellish designs. But I doubt not of their being disappointed and frustrated in their hopes, as that their grand Jesuitical councel- lor Langhorne was. For the righteous God, whose wrath has been revealed from heaven, in all ages, against all ungodliness and unrighteousness of men, neither slumbers nor sleeps — nehher doth the aforesaid law, for the breakers or alterers thereof has been generally punished by the execution of 44 unjust judges under one king, and many more since under others. And for any to alter the established laws in any part by" force, is judged by parliament to be high 44 FIRST SETTLEMENT OF treason, as also, if any go about to subvert them is likewise noted high treason. Forasmuch, therefore, as law, equity, and good conscience, the same government and customs of this and other provinces, every way pleads for my just right, title, interest and present possession of this my colony, I do henceforth resolve and do hereby de- clare, that I will assume my said lawful and absolute power and authority, desiring all the king's loving, peaceable, and obedient subjects, and in his majesty's name, do hereby will and require them and every of them inhabiting within my said colony, to take notice thereof, and to yield obedience hereunto. For it is invested in me, by virtue of his majesty's letters pa- tent here exemplified, under the great seal of England, granted at my request according to law to justify my said interest, which I derive from the said Duke of York, granted to John Lord Berkeley, and the said Lord Berkeley's grant to me. So that no man can claim any right to any part of the said Lord Berke- ley's late interest, but what they claim under me as aforesaid. And accordingly I will put my said power and authority in execution, in settling the grievances within my said colony, according to that government which has been and is observed and settled within the said province, and to govern his majesty's sub- jects according to the concessions and laws estab- lished by the said John Lord Berkley and Sir George Carteret. And I shall and will forthwith choose a council, and issue forth my precept (with their ad- vice) to call an assembly, to set within my colony, that it may be settled, and the people's rights and SALEM, IN WEST JERSEY. 45 properties preserved together with the public peace. And thereby suppress or prevent all mutinies, insur- rections and confusion. That so we may be in a ca- pacity to associate with other his majesty's plan- tations, our neighbour provinces and colonies, against his majesty's and our public enemies, whenever they attempt to disturb our peace. Given under my hand at Fenwick's Ivy, the 12th day of the First month, commonly called March, in the 31st year of the reign of the king, and in the year 1678-9. FENWICK. Note. The reader is refered to particulars in Smith's History of New Jersey, pages 83 to 87. From the foregoing account, it is apparent that Richard Hancock had joined the coalition (against Fenwick, his friends and interest,) composed of El- dridge, Warner, Penn, Laurie, Lucas, Billings, and Langhorne. Fenwick therefore revokes his commission that he had given to Richard Hancock, as his surveyor ge- neral. His revocation is in the following words : " That Richard Hancock had dismissed himself from being any longer my deputy surveyor general, because that he did not only perfidiously betray and deny my most legal and just interest — albeit, he had engaged twice under his hand, by way of an oath, to be true and faithful thereunto — but also refused, and wilfully neglected to obey, execute, and observe my commands and general warrants, when directed to him, or otherwise: Besides, he hath highly pre- sumed to endeavor to survey my colony, and divers parcels of land therein, by virtue of the arbitrary 46 FIRST SETTLEMENT OF power and illegal orders of Richard Guy, James Nevill, and others his followers in connection — the which to justify, they and he did lately force from him, the said Richard Tindal, the legal commission I formerly gave him, (as my surveyor general,) and highly threatened to send him to prison, unless he would engage to act no more for me, nor by my order. All which their arbitrary practices and pro- ceedings are contrary to law, equity and good con- science, and contrary to the peace of our sovereign lord the king, his crown and dignity, as may be made appear. " Given under my hand and seal, the first day of the Tenth month, called December, 1680." LETTER FROM MARY FENWICK TO JOHN FENWICK, 27th august, 1678. My Dear, Thine of the 26th December last I received this 18th June, and that of the 13th, of 12th, and 22d February, 1678, both in one, I received 6th July, and one enclosed to Mr. Weeks for Sir George Carteret. Poor Mr. Weeks is gone from the Ex- change to German street again, but he is quite blown up, and dares not show his face abroad. I suppose he will write to thee himself. I was to see Hich- court Adams, who is a fine boy and well kept. I saw not Ben his uncle, but his aunt told me that they and Henry Adams' widow had sent over a great many clothes for John and his children, and they had a hope, in short, that their token was received, and to desire some other things to be sent them ; but SALEM, IN WEST JERSEY. 47 because it took no notice of Henry Grath, they ques- tioned whether it came from thee or not, and besides she says the trade of stocking weaving is now grown very dead. I sent thee a rope, such as is used with a seine, which cost £4, but till now I did not know that it was a net to catch fish in ; but Ben Bell being dead, I went to a shop to ask the price, and was told it would cost about £7, with all be- longing to it ; for it must be let alone till money can be found, and so must servants, both being too chargeable for me to procure thee. Poor James Garfield died about two months ago, of whom I have a very great want already, and shall lack him more daily. I verily believe the worsted and lace for the hat was in the box, but were overlooked and perhaps shattered in the opening of the goods, and may be found ere now by somebody. 15th November, 1677. — I should have told thee first that I received thine sent by Sir Edmund Andross, and I came to London in January purposely to wait on him about giving thee liberty, as thou didst desire me ; and the Earl of Carlisle, who is since going to be Governor of Jamaica, spoke to him in thy behalf, by my cousin Edward Burdet's means; and thy cousin Edward Burdet went to him himself, but his answer was that it was not in his power to release thee, but the court of assize must do it, or else the king, or Buckham ; and I was advised not to petition them, because Sir Edmund Andross in his discourse did so against thy offence in increasing more authority there than was belonging to -any subject, and presumed to believe all the story that had been brought against thee, that 48 FIRST SETTLEMENT OF it might have been rather a hurt to thee than any kindness, to have made in thy behalf whilst he was here, who in all probability would have opposed it in his own justification, and he has great power and friendship, as I hear, more than ever. For thou must be careful to give him no offence, by word or deed, henceforwards ; he sayd that thou hadst liber- ty, and might have stpid at home, and needst not have returned to New York when thou didst. I hope thou didst receive John Ashfield's deed for 10,000 acres, which was sent to thee in a packet by H. Salter and Mr. Malster, but thou dost not mention the receipt of it ; he is now in favor with his father, and is with him, and his wife and child. Moll Ash- field is lately married, but thy friend. Col. Richard Ashfield, is dead. Thine of 16th August, '77, by John Gordon. As for the sums of money Eldridge and Warner receiv- ed, I could not hinder them, being ignorant of them till thou wrote to me that they were owing ; but the deed whereby they appeared to be due being in their hand, it could not be expected that they would pay the money to me. Mr. Cumber told me that as soon as he had paid his money, Eldridge tore his bond all to pieces, but would not give it to Cumber, as Mrs. Lefevre can witness. H. Salter may acquaint thee thereof, the payment of their money, for they con- fessed it to me. Thos. Hootten is now come over again lately, and I went to his house, hoping to have heard some news of thee by him ; but he says he did not see thee, and that he sold his 6000 acres to Eldridge there, and doth not intend to go over any SALEM, IN WEST JERSEY. 49 more. Edmund Warner met me at Thos. Hootten's house, and says, as Eld ridge does, that they must have all charges and damages of thee, and now pre- tend that they could sell no land till the dividend with Sir George Carteret was made, and after that was done, they were hindered by the suit in chancery. All his desire was, that he might be free from the charges he is at in the suit, for he has his liberty, and pretends that he helps to maintain Eldridge there by the week, who has all the accounts to make an agreement with them ; and I wish with all my heart it may be done there, that Warner may be freed, and I at quiet. I have not gotten a ■ , neither can get one till the , and then it will cost a great deal of money and trouble to get it, and will take hold of Warner here, but I know not what good it could do thee there against El- dridge ; indeed, they are so full of deceit and lies, and the business is so confused and out of my ele- ment to understand it, that I am exceedingly too sick what to do in it, besides that I have no money to dis- burse, and my nephew is not willing that I should run out any farther. Thy cousin Edward Burdet is very ready and willing upon all occasions to assist me, and has commended me to a very good chancery counsellor ; but 1 fear Fleming is knavish and false to thee, and greedy for money, but so snappish and unwilling to do anything in the business. Though it be to thy loss, thou wert better to bear it, for as thou canst but secure to thyself and children a com- petency to live upon there, and pay the same debts 5 50 FIRST SETTLEMENT OF thou owest here upon thy schedule. For my money which I am out of purse, I shall be glad of it when thou canst spare it to me ; but I would rather that thou shouldst clear those other debts first, than straighten thyself to pay me, and desire thee not to forget John Brumley for his plate, and poor Simon Robinson for his glasses — they are very poor. I could disprove Edward Warner's canting letter to thee, if it were worth my labor; for if thou comest over, I nor my friends are not obliged to maintain thee, except we wish ; but all the fear I know is, that if they had thee here, they would get thee laid up in prison, and take the opportunity to ruin thee and thine, both here and in New Jersey, which I suppose they aim at there, but cannot have their wills of thee so well as if they had thee here to do it. But thou mayst do as thou seest cause. Mark- Fenwick. I am sorry thou must be put to build thee a warmer house. I hope Mrs. Lefevre's brother will help thee in it, by contriving to make it warmer for thy own use, and as small as may be, that thou mayest not be troubled with any more in family than is neces- sary for thyself to live privately and retired as much as may be, especially in the winter season, which it seems is there very sharp. If thy letter comes not too late, I shall send thee some nails towards thy building; and here is a note of a few small things I send thee by Mrs. Lefevre, which accept — being what I can, not what I would do if I were able. She has a note of them from me. She has told me how SALEM, IN WEST JERSEY. 51 to send to thee again shortly by Maryland ; so till then I bid thee adieu, with my love to all thine, that am thy loving wife, Mary Fenwick. [Cask of nails, by Capt. Nichols.] N. B. I forgot to tell thee that Warner said thou didst strike Eldridge a great blow upon his face, at your first meeting with him, and threatened to be the death of him. I am sure they both told me that they had the opinion of two counsellors, that they had an ab- solute estate in thy imposts ; and though they can't for shame insist upon it now, they endeavor all they can to hinder thee from having any benefit by it, and I much fear thou wilt not get them to re-convey it, nor to come to any reasonable account with thee, but will so confound and obscure it, that thyself (and then to be sure nobody else) shall ever be able to understand it. Therefore, if thou canst by any means bring it to a certainty, though to thy loss, that the business may not always depend, and thy afiairs remain in the confusion as they do. I received thy answer to Warner's account, but, as I before wrote to thee, he nor Jo. Fleming know that I got a copy of it at all, for I was only to read over his answer, and the account annexed to it, in the chancery office, and then to have it again with Fleming, only to tell Fleming Avhether I liked the answer, which I only read over once, and I remem- ber it was false as to what the ten parts stood there- in ; and I understand now it was drawn by Mr. Langhorne for him, and they would have had it put into court without an oath, which the court would 52 FIRST SETTLEMENT OF not admit ; but Warner told me that he would have proved every particular of it ; so it is such a lame, imperfect account, that I have never yet owned to him that I think it will not do well to maintain thy answer to it, till I hear from thee again what account he has sent over to thee by Eldridge, so thou mayst compare them, and make the most thou canst to thy- self of it. Till two days ago I did not see Warner, nor speak with him, since the year 1676 ; he told me that the whole tenth part is not above 100,000 acres, and that if thou hadst had thy deed, thou wouldst have sold the whole country, Carteret's part and all ; so 1 find he is embittered against thee ; but it will be thy wisdom and thy comfort to act as a christian, in deed as well as in name, by loving ene- mies, and doing good for evil, and forgiving them that thou mayst be forgiven thy trespasses. Our time here is short, and the fashion of this world passeth away. 7th February, 1678-9, London. My Dear, I received thy packet and bundle of letters and papers very safe, and hope thou hast received all mine safely by Mrs. Lefevre, who went home at the end of August last, and by her farewell letters to advise thee to agree at any rate with Eldridge. I am sorry thou didst not curb thy passion, and make it thy business to bring the accounts to a just settle- ment before he came away ; for I think it is not possible to be done by any body but thyself, and that being done, thou might have gone on with thy pur- SALEM, IN WEST JERSEY. 53 chasers and plantations ; but as it is, I see not how thou canst do any thing, either for them or thyself. Upon 7th September last I had a fall in the city down a pair of stairs, and brake my right arm, that I could not use it for a great while ; but I praise God, it is now much mended, and I hope after March it will be strong enough to dress myself, which as yet I cannot do, so I have been out of town till last week, ever since I was hurt. James Garville is dead, and cousin Burdet fled for his religion, and the whole nation exceedingly disturbed and affrighted by a popish design to kill the king, and destroy all, that they might bring in popery, if it had not pleased God to discover it, and I trust he will prevent it. Eld ridge and Warner have been with me. EI- d ridge says there vvas designs laid for his life, and that it was thy fault that you did not agree, and that thou wouldst not choose any but thy son Hedge. They both say they would have their money. I told them they must have it raised out of the land there j but they say thou hast sold more than thy share al- ready ; but Warner says he would be willing to take land there for the money due him, and would fain be at liberty. Eldridge said thou didst refuse to set out his land, and told him he should not have one foot ; they said they would come again to me to try if there can be any way found out to compose Iheir differ- ences. But I know not yet who I can get to help me, or do any thing for me therein. When my ne- phew Ward hears what they offer, we shall consider of it, and send thee word by the next ship. I shall be glad to hear from thee whether thou art at liberty 5* 54 FIRST SETTLEMENT OF by Mrs. Lefevre's friendship, and the letters she got for Sir Edmund Andross in thy behalf. I found she had some design in hand to make a fool upon the. view, and to have thy concurrence therein ; but I do not understand the design, so must leave it to thy discretion and address, only I insist thou wouldst forbear to act as a lord proprietor, and to make or- ders and summon the people, till thou hast thy deed, and authority to do it ; and as for the tenth part which was thine, till the whole moiety be measured, and a dividend made of it, as Mr. Langhorne told Mrs. Lefevre, no man can say any part of the land is his own ; and now he is in prison about the plot, and it is not yet known whether he shall suffer or not — he being one of the chief promoters of it. The widow. Fellows, that keeps a brew house at Islington came to my nephew, Ward, to enquire what estate thou had'st left me, and came to me to tell me that she wants the money that thou and Jo. Weeks are bound to pay her, and desired me to write to thee for it. Jo. Weeks I doubt will never sell the land — his land is so far in debt. Eldridge and Warner spoke of thy coming over to end the business with them; but they could not tell me of Mrs. Fellows' debt. Edridge said he would have brought thee over, and was advised to do it, but would not, and if thou shouldst come, I verily believe thou wouldst not enjoy liberty to do thyself any good, and that I have will scarce maintain me ; for that I cannot supply thee at all; and I am sure my trustees will not lessen the flock any further than they have done already upon any account. SALEM, IN WEST JERSEY. 55 I am very much troubled that thou has not yet made a return to John Brumley and Simon Robin- son of their ventures, and I fear the longer thee for- bears to do it, the worse ; for they both are needy people, and I fear they will be provoked to speak of it to thy disparagement and mine too, for sending it to thee, except thou wouldst be so just as to give them a speedy and honest account, which I desire thee to do as speedily as may be. I sent thee by Mrs. Lefevre a parcel of nails, some paper, and a parchment, and wax, and wafers, a pair of spectacles, and a pot of cucantellas balsam, which I hope came safe to thee, and that I shall hear by the next of thy liberty by her procurement, to whom I pray present my love and service, and to Mr. Mal- ster and his wife. I am uncertain where thou art now, for till I heai from thee I think not convenient to send anything to thee, but my hearty well wishes, that thou wouldst consider the time thou or I or any one in this life is short, — that we ought to seek peace and ensue it, and to bear injury patiently, and to deny ourselves, to become fools that we may be wise, to learn of him that was meek and lowly in heart, our great master, that we may find rest, to whose peace I commend thee and all thine. MARY FENWICK. N. B. Eldridge told me that thy purchasers here intend to sue him and me for their bargains, but all he says is not to be believed ; as soon as the weather is a little warmer I intend to go to some of them my- self. 66 FIRST SETTLEMENT OF The true state of the case between John Fenvvick Esq., and John Eldridge and Edmund Warner, concerning Mr. Fenwick's ten parts of his land in West New Jersey, in America. Mr. Fenwick being seized of and interested in ten equal (but undivided) hundred parts of the lands in New Cesaria, or New Jersey, and being indebted to several persons in England, as also the said Eldridge and Warner, and being to leave England, and having occasion for more present monies, agreed to borrow it of the said Eldridge and Warner, offering them se- curity by those lands, as counsel should think rea- sonable ; and being willing that his other creditors should be paid likewise, it was referred to counsel, indifferent betwixt them, to devise a security ; and likewise for the encouragement of purchasers, to put the estate in law, into the hands of the said Eldridge and Warner, and accordingly a lease for 1000 years is made by Fenwick to Eldridge and Warner,wherein it is mentioned; That Fenwick, to the intent and purpose Eldridge and Warner may be re-imbursed of the said monies, so as aforesaid due to them, with lawful interest for the same, at the rate of six pounds per cent, per an- num, to the time they shall be re-imbursed the same ; and also to the intent they may and shall be re-im- bursed all such monies as they shall happen to pay in or towards satisfaction of the several debts, in a schedule to the said lease annexed, mentioned, to- gether with lawful interest for the same, at the rate aforesaid, from the time ofsuch payments of the several and respective debts aforesaid,to such time as they shall SALEM, IN WEST JERSEY. 57 be reimbursed the same; and also for and in consider- ation of the sum of five shillings, &c. &c. — doth grant, bargain and sell, &c. all the lands, &c. — saving and foreprized all such pieces, parts, parcels, quantities, and number of acres of land, and whatso- ever else he, the said Fenwick, hath at any time be- fore the date of the said lease, granted, bargained, sold, aliened or conveyed to any person or persons whatsoever, by any grant, assurance or conveyance whatsoever, entered, written or copied in two register- books of the same tenure, provided and kept for that purpose, one whereof now remaineth, and is to re- main in the hands and custody of the said Eldridge and Warner, their executors, administrators and as- signs, to continue here in England, and the other of them now remaineth, and is to remain, in the hands and custody of the said Fenwick,his heirs and assigns, to be transported and kept at New Cesaria,or New Jer- sey aforesaid,Richard Guy and Richard Noble,having at the present the keeping of two of the keys thereof. Upon special trust and confidence, nevertheles, in them, the said Eldridge and Warner, their executors, administrators and assigns, and every of them, and to these intents and purposes, following (that is to say) in the first place, that they the said Eldridge and Warner, their executors and administrators, out of such monies as shall arise by one or several sales, assignment and conveyance, or sales, assignments and conveyances, or otherwise, by under-lease or leases of all and singular the premises by the said lease demised, and granted, bargained or sold, or of any part or parcel thereof, do and shall rc-imburse, 58 FIRST SETTLEMENT OF repay and satisfy themselves of the said sum of one hundred and ten pounds and fifteen shillings, with interest for the same, after the rate aforesaid, and also re-imburse, re-pay, and satisfy themselves all such monies as they or any, or either of them shall any way lay out, expend, or pay in, for, or towards the satisfaction of the several debts and sums of mo- ney in the schedule, in the said lease annexed, men- tioned, together with interest for the same, after the rate and according to the computation aforesaid ; and also, shall re-imburse and satisfy themselves of all such costs, charges, expenses, losses and damages whatsoever, which they or any or either of them shall any way pay, expend, lay out, suffer, or be put unto by reason of their intermeddling herein, or with the execution of the trust in the said lease contained, or in relation, or by occasion of any matter or thing in the said lease, contained or specified. And for- ward after such payment, re-imbursement, and satis- faction fully made, as aforesaid, then as to the surplus of all such monies, as shall be so raised by such sale or sales, assignment or assignments, conveyance or conveyances, under lease, as aforesaid, they, the said Eldridge and Warner, their executors and ad- ministrators, and every of them shall be, and stand accountable, and make satisfaction thereof, to the said Fenwick, his executors and administrators, and to none other use, intent or purpose whatsoever. And that if the said Eldridge and Warner, their ex- ecutors and administrators, shall not, or without their wilful default may not, be fully satisfied of such mo- nies, costs, charges, expenses, losses and damages, as SALEM, IN WEST JERSEY. 59 are in the said lease, agreed and appointed to be re- imbursed, paid and satisfied to the said Eldridge and Warner, their executors and administrators, within the space of two years next ensuing the date of the said lease, that the said Fenwick, his heirs, execu- tors and administrators, or some or one of them, shall and will well and truly pay and satisfy the same, or so much thereof as shall then be behind, and not satisfied and re-imbnrsed unto the said Eldridge and Warner, their executors and administra- tors, or to some one of them. And thereupon the said Eldridge and Warner, for themselves, their executors and administrators, upon such payments and satisfaction so made, as afore- said, shall, at the cost and charges of the said* Fen- wick, his heirs and assigns, reconvey to him and them all and singular the premises aforesaid, by the said lease demised and granted, or such part, or so much thereof as shall then at the time of such re- conveyance be remaining unsold by them, the said Eldridge and Warner, their executors or adminis- trators. Lastly, it is declared and agreed by all the said parties to the said lease, that nothing in the said lease contained, shall any way be taken, construed, ad- judged or expounded, to compel or enforce the said Eldridge and Warner, their executors or administra- tors, either inlaw or equity, to pay or satisfy all or any of the said debts in the schedule to the said lease an- nexed, mentioned, or any part thereof to the several persons therein named, or any of them ; but that it is and shall be at the free and voluntary choice and 60 FIUST SETTLEMENT OF election of the said Eldridge and Warner, their execu- tors and administrators to pay and satisfy or not pay or satisfy the same or any or either of them, any thing in the said lease contained, to the contrary thereof in anywise notwithstanding. Upon this deed, the case appears plainly to be — I. That the estate, in law of the whole, was transferred to and vested in Eldridge and Warner. II. That whosoever should purchase any part of the lands from them, really and bona fide, should hold such purchase discharged of equity from Fen- wick. III. That this lease was a trust for Fenwick, as to the lands which should not be really and bona fide sold for the satisfaction of such monies as are men- tioned in the lease ; and because that this is the most considerable matter in the case, I think fit to lay down some reasons (amongst many others) for it. 1st. The lease is made, to the intent, that Eldridge and Warner shall be re-imbursed their monies, with interest and charges, and such monies as they should pay to Fenwick's creditors by sale or assignment, &;c., of the lands (which must still be intended of real and not of fraudulent sales purposely contrived to cheat Fenwick). Nowif Eldridge and Warner be satisfied and reimbursed of all such monies by sale of part, what is become of the residue of the lands; — I take it very clear, that the residue is a trust for Fenwick, and so it will be construed by any court of equity; for what Fenwick did not dispose of to Eldridge and Warner, he kept to himself, I mean in point of equitable interest ; and in equity what remains afler SALEM, IN WEST JERSEY. 6T the satisfaction of Eldricige and Warner, belongs to Fen wick. 2d. If it were not a trust for Fenwick after re-im- bursement and satisfaction to Eldridge and Warner, but an absolute sale both in law and equity, it may- be demanded, to what purpose the deed expressed the payment of principal and interest to Eldridge and Warner, for when a man makes an absolute pur- chase, there is no expectation of being re-imbursed his purchase money and interest, but only to have the profits, more or less ; but the deed here was only made that they should be paid money and interest, and not to have the lands absolutely, which for ought appears to the contrary, were ten times the value of all the monies that were to be re-imbursed to Eldridge and Warner. 3d. H it had been an absolute sale to Eldridge and Warner, in equity as well as in law, what was the meaning of the clause that under purchasers should enjoy their purchases in equity against Fenwick, for there needed no such clause in an absolute sale ; but indeed the lease being but in the nature of a mortgage to Eldridge and Warner, that clause was necessary, otherwise Fenwick upon offer of payment of the mo- nies due upon the mortgage, would in a court of equity have evicted the purchasers' estates, as having notice of the mortgage when they purchased. 4th. By the deed Eldridge and Warner were to be accountable to Fenwick for the surplus of the mo- nies made by sale to purchasers, after the payment and re-imbursement of the monies appointed to be by the deed ; now if Fenwick were to have an 6 62 FIRST SETTLEMENT OF account of the monies, though but part of the lands were sold which raised it a fortiori, he is to have the residue of the lands unsold ; and if it be said that Eldridge and Warner are to sell the land, and Fen- wick to have the money as the deed speaks ; yet where a man is intrusted to sell land for me, and to pay me all the money, (c^s the case of Fenwick is by the deed, after the satisfaction of the monies ap- pointed) I may at any time before actual sale revoke the trust, and by a court of equity compel the trustee to convey the lands so trusted to myself; for that is equity; the trustee is no further concerned than as my servant, whose service therein I may counter- mand at my pleasure. 5th. By the deed Fenwick covenants, that if all the monies be not paid within two years, he will pay the residue, (and as it is said, hath tendered the same accordingly,) and then Eldridge and Warner were to reconvey the lands unsold. Now, if this doth not make it a clear trust in the nature of a mortgage, the construction of it must needs be, that Fenwick must pay them their money, and yet they must keep the lands gratis ; the absurdity whereof is obvious, even to common sense. 6th. No one of common understanding can possi- bly interpret this to be an absolute sale both in law and equity; for by the last clause in the deed, it is declared,that Eldridge and Warner shall not be bound to pay any of Fenwick's debts mentioned in the schedule, except they shall think fit voluntarily to pay the same. Now if the lease should be absolute sales, Eldridge and Warner should keep the lands, and SALEM, IN WEST JERSEY. 63 yet Fenwick be bound to pay the debts himself, for Eldridge and Warner are not bound to pay them, which is contrary to the tenor of the whole deed, and to the intent of the parties, (to my knowledge,) for when the deed was made, it was declared by all par- ties that Eldridge and Warner should only be re-im- bursed and paid, as the deed speaks. But because Eldridge and Warner might have an opportunity of selling parcels to purchasers in England, in the ab- sence of Fenwick, who was then going beyond seas, the deed was drawn in this manner, that the real purchasers, that dealt with Eldridge and Warner, might not scruple at the title, or their authority to sell ; this, then, was the intent of all parties by them declared ; but whether they have changed their in- tents since, is to me unknown : but this I know, that if Eldridge and Warner be satisfied their money, in- terest and charges, if any be according to the deed, they have in equity no further to do with the estate, which then in equity doth belong to Fenwick and his heirs. EDW'D SAUNDERS. July 24th, 1677. James Garfield, a scrivener in Long-lane, near W^est-Smithfield. Sam'l Gee, clerk to Mr. Saunders of the Inner Temple. Anthony Lockey, clerk to Mr. Pigeon of Grays. Inn. 64 FIRST SETTLEMENT OF A SUMMONS OF THE DUTCH, By John Fenwick, the surviving absolute Lord or Chief Proprietor of the Province, &c. Whereas, I have been from the time of my arrival until now, not only most shamefully and arbitrarily obstructed in the settling of my colony, but also my purchasers, planters and inhabitants therein, have been greatly discouraged and hindered in the im- provement and settling of their several and particular tracts and plantations, as well as myself in improv- ing the whole, to our great damage and loss; for the rectifying thereof, it is now acknowledged by all considerate and reasonable men, that by law there can be no other lord or chief proprietor thereof but myself, unless that those who have arbitrarily pre- tended a right thereto can first legally eject me out of the same, which they never yet attempted to do, having neither law, equity, nor good conscience, to warrant them therein ; for the principal debt they claim, they never did pay me, nor can ever prove that they paid it to any assignee of mine ; but there- by designed to cheat me both of my land and money, as appears further by their wilful refusing to engross the account, (mentioned in their own contrived deed of trust and mortgage,) that it might have been signed by me to them, and by them to me, (before the sealing of the said deed,) and the letter of attor- ney which they likewise gained from me as a colla- teral security. And further, (for their extended debt of £110.15.0,) by virtue thereof they were to re- ceive in debt owing to me, £451, and out of which they have received to their own use £119, SALEM, IN WEST JERSEY. 65 and hath refused to come to an account, judging that all my said estate is theirs, and I their slave for ever, as they have made it evidently to appear by their rebelling against the king's high court of chancery, their many great and horrid lies, with all their arbi- trary and treasonable practices, which they and their abettors have published and put in execution from time to time against me, and all claiming under me ; by which manner his majesty's subjects have been driven into confusion, and from the obedience to the king's letters patents, his known and established laws, and the concessions, laws, and government thereupon established for the said province, by the late absolute lord proprietor, and contrary to his majesty's letter of obedience, which was published by Captain Johnsbury, their deputy governor, where- in the said government was owned, and his majesty's English subjects, as well as foreigners, were required to be obedient thereunto, as in and by the same being upon record doth at large appear ; all which their said acting has been and is contrary to the peace of our sovereign lord the king, his crown and dignity. These are therefore now after divers sum- monses, and I do think fit once more to will and re- quire Fopp-hout-out, Michael Barrowne, Lucas Pic- turs, John Erickson, and all other the Dutch, Finns, Swedes, and all other foreigners who are inhabitants within my manor of East Fenwick, in my said co- lony ; and in his majesty's name to charge and com- mand them, and every of them, to come and appear before me, at my house near New Salem, upon Mon- day, by nine of the clock in the forenoon, being the 6* 66 FIRST SETTLEMENT OF 26th day of this instant, Fourth month, to the end that they may enter their several claims, and make known their several titles to the lands they plant, so that they may be settled according to the said con- cessions, so far as law and equity will warrant the same, in order to the settling of my said colony with all convenient speed, according to the said govern- ment, whereby they and every of them may approve themselves to be his majesty's loving, faithful, and obedient subjects, in obedience to his majesty's com- missioners' proclamation, in the year 1664, as well as others his majesty's English subjects. And here- in they nor any of them are to fail, as they will answer their contempt by being proceeded against as enemies to the king, and his public peace of the said province and colony, and that with due severity ac- cording to law. Given under my hand and seal, at Fenwick's Grove, the eighth day of the Fourth month, called June, in the year 1682. By John Fenwick, Esq., Pro. COMMISSION, To Erick Yearnens, of Finnstown Hook. Whereas, thou hast subscribed allegiance to our sovereign lord the king, &c., and faithfulness to me, and given the same under thy hand, in obedience to the late absolute lord proprietor's concessions ; I therefore judge thee fit, and think it convenient to confer upon thee the office of a reve, or bailiff, with- in my said colony, for one whole year from the day of the date hereof, unless 1 see cause to alter or null SALEM, IN WEST JERSEY. 67 this my commission, order and warrant. And ac- cordingly these are to authorise and empower thee to execute the said office within that tract of land which shall be hereafter called the hundred and manor of West Fenwick, as it is situate, lying and being within my said colony, and is butted and bounded as foUoweth, (that is to say :) From the mouth of Fenwick river, and so running up along the same ; and from thence in a straight line, as near as may be, by the bounds of the 10,000 acres lately set out for Thomas Pile and his trustees, extending to Masucksey or Old-man's creek, which is now and hereafter to be called Berkeley river ; and so down the same as it runs into Delaware river, and so down the said Delaware river to the mouth of the said Fenwick's river, which was hereafter likewise called by the natives Game creek. And that thou dost well and truly execute and serve within thy said bailiwick, all such my summons, orders and war- rants, which shall be directed unto thee by myself, or by my steward of the said court, and to make due returns thereof accordingly from time to time ; and thou art severally likewise authorized and required to have and receive and take of the inhabitants with- in the said jurisdiction, all such fees as legally belong unto the said office for the legal serving of such sum- monses, orders and warrants, or otherwise, according to the customs of other manories within his majesty's realm of England. And I do hereby, in his majesty's name, will and require all and every person inhabit- ing within the said bailiwick, and by virtue of his majesty's power and authority which is vested in 68 FIRST SETTLEMENT OF me, straitly to charge and command them, and every of them, to own this my commission and authority, and yield their ready obedience unto which thou le- gally require of them, and which also thou legally dost do in the execution of thy said office ; and for so doing, this shall be thine and their warrant. Given under my hand and seal, this eighth day of the Fourth month, commonly called June, at Fen wick's Grove, in the year 1682. These two papers appear, so far as I can discover, to be the last official acts of John Fenwick. IMPROVEMENTS AND TRADE IN THE COUNTRY. Tide-mills and wind-mills. — Many of the emi- grants brought out with them hand-mills, for the purpose of grinding their grain, but the settlers soon found it essential to their existence to turn their at- tention to the immediate erection of grist and saw- mills. Accordingly, there was a horse-mill erected for the grinding of grain, near where is now called Kent's corner, in the upper part of the town of Salem. Of water-mills, the first kind made use of were tide- mills ; they were located in this now called Salem county, in several places ; such as at Mill creek, in Elsinborough — Mill-hollow, near Salem — Mahoppo- ny creek, in Mannington, formerly Hill Smith's — Cooper's creek, in Beesley's Neck, on the south side SALEM, IN WEST JERSEY. 69 of Allaways creek — and at Carney's Point, in Upper Penn's Neck. There were also three wind-mills — one near the old wharf in Salem, in Bradway street ; another at Kinseyville, in Penn's Neck ; and the third on the farm of Samuel L. James, Esq. The first saw^mill was erected by William Hampton, in the year 1682. Salem a port of entry. — Salem, about the year 1682, by the increase of population, had by this time become a place of some foreign trade — so much so, that it was made a port of entry for vessels entering and clearing therefrom, by exacting from all vessels under 100 tons, one shilling for entering, and one shilling for clearing ; and all vessels of more than 100 tons, double that amount. Market. — The same year, a weekly market was by law to be held on every Tuesday, near what we now call the old wharf, then called the tower land- ing, and which had been heretofore designated for the market place. The grain, provisions, and other articles brought into the town, must be carried there, and no sale take place before eleven o'clock; and should any person buy any goods or provisions be- fore that hour, any informer causing the offender to be convicted of the offence, would receive the half, and tl^ other half go for the public use. Fairs. — Fairs were established by law, to be held in Salem on the 1st and 2d May, and the 20th and 21st October, annually, at which all persons were at liberty to buy and sell all manner of lawful goods, wares and merchandise, and also were to be free from arrest for the two fair days, and for two days 70 FIRST SETTLEMENT OF before and two days after the fair. But after some time this privilege came to be abused, so much so that a town meeting was held on the 15th April, 1698 — " it being then taken into consideration, that since fairs have been held in this town, that foreign- ers do flock from other parts, not only of this county, but of the neighboring province, do sell liquor by retail during the time of such fairs, thereby encroach- ing upon the privilege of the inhabitants of this town, who only are authorized, and none else, to sell by retail as aforesaid : " Be it therefore enacted, that no person or persons, from and after the date hereof, do presume to sell liquors by retail during the time of the fairs, so held or to be holden, either at the place of the fairs, or within the limits thereof, but the inhabitants of this town only. And that whosoever persons presuming, contrary to this act, to sell liquors as aforesaid, shall upon information be found guilty of the said breach, shall forfeit all liquors found in his custody at the said place of fair, or anywhere within the limits of this town or creek, to be seized by virtue of a war- rant from the burgess of this town,' whereof one-half of the said goods is to be allowed to the informer, and the other half to the burgess. " Signed with consent of the meeting, i^emine contradicente. " Wm. Hall, Burgess." Salem incorporated. — In 1695, the town of Salem became incorporated, and the office of burgess was created, by which that officer was clothed with authority to hear and determine causes under forty SALEM, IN WEST JERSEY. 71 shillings — was empowered to grant tavern licenses, and revoke them as he might see fit — and to punish all persons who might be convicted before him of rudeness, profaneness, and vicious practices. The office of burgess was continued from 1693 to 170.3. In the month of March, 1693, the officers first chosen under their act of incorporation, were John Worledge, burgess — Benjamin Acton, recorder — John Jeffery, bailiff — Richard Johnson, surveyor of the streets, bridges and banks. All freeholders were required to be punctual in their attendance at all their meet- ings. Absentees were fined from ten pence up to five shillings. There were five burgesses during the proprietary government of ten years, whose names were — John Worledge, Jonathan Beere, Wm. Hall, Richard John- son, and Thomas Killingsworth. act passed may 12, 1696. An act to qualify officers who are not FREE TO TAKE AN OATH. — Whcrcas, some persons, out of a principle of conscience, have not freedom to take oaths : Be it enacted by the Governor, with advice of his Council, and consent and agreement of the representatives in this present Assembly, met and assembled, and it is hereby enacted by the authority of the same. That their not having freedom to take oaths shall not disable or incapacitate them for want thereof to hold. or enjoy any office of the government within this province, whether magisterial or minis- terial, to which he or they are duly elected, nor ex- 72 FIRST SETTLEMENT OF elude him or them from any right or privilege which any of his majesty's subjects are capable to enjoy, he or they signing the declaration of fidelity, and profession of the christian faith, following, to wit : By virtue and in obedience to the said act of As- sembly, we, whose names are subscribed, do sin- cerely promise and solemnly declare, that we will be true and faithful to William, King of England, and the government of this province of West Jersey. And we do solemnly profess and declare, that we do from our hearts abhor, detest and renounce, as im- pious and heretical, that damnable doctrine, that princes excommunicated or deprived by the Pope, or any authority of the see of Rome, may be deposed or murthered by their subjects, or any other whatso- ever ; and we do declare that no foreign prince, pre- late, state or potentate, hath or ought to have any power, jurisdiction, superiority, pre-eminence or au- thority, ecclesiastical or spiritual, within this realm. THE CHRISTIAN BELIEF. We profess faith in God the Father, and in Jesus Christ his eternal Son, the true God, and in the Holy Spirit, one God blessed forevermore. And we do acknowledge the Holy Scriptures of the Old and New Testaments, to be given by divine inspiration. Here follow the names of the officers of the town of Salem, who subscribed the above faith or creed. SALEM, IN WEST JERSEY. 73 Jonathan Beere, 1697' Richard Darking, 1698 Obadiah Hohnes, 1699 Reyneer Van Hyst, 1700 John Holmes, / William Rumsey, 1702 John Bacon, 1703 Thomas Woodruff, 1706 J Justices. William Hall, Jonathan Beere, Richard Johnson, Jept. Woodruff, Saml. Hedge, Jr., 1697^ 1698 I J^QQ ;. Burgesses. 1703 1 Thos.Killingsworth,1706j Wm. Hall, Recorder. Saml. Hedge, Recorder, 1702. Hugh Middleton, Sheriff. Saml. Hedge, Clerk and Coroner. 1697. — Fairs were established at Cohansey, and to be held there on the 24th and 25th April, and 16th and 17th October, with the same privileges as Salem. Names of townships. — Salem. — This place was called Salem, because, Fenwick said, the word signi- fied peace. The township of Allaways was named after the Indian chief, Allaways. Penn's Neck was at the first called West Fenwick, but afterwards changed in compliment to Governor Penn. East Fenwick was afterwards changed to Mannington, 7 74 FIRST SETTLEMENT OF that word being anglicised from the Indian name, which was Maneto. Pile's Grove took the name from James Pile, a very large purchaser of land. Pitt's Grove some years after set off from Piles, and named in honor of Sir William Pitt, before he accepted the earldom of Chatham. Elsinborough ; the Indian name was Wootsessungsing. The Swedes occupied the land along the shore of our county, before the English came here. They had a fort near the mouth of Mill creek, on the land now the property of Ben- jamin Holmes. The Swedes called that place Elfs- borg. Rangers appointed. — As the demand for horses and other cattle increased with the rapid increase of the population, the farmers soon found that the rear- ing of the domestic animals would probably be to them more lucrative than almost any other business they could be engaged in ; they therefore procured a law to be passed, which was to empower a person with the title of Chief Ranger of the county, who was also authorized to appoint deputies, if he thought proper, whose duties were, to look through the woods and waste lands, and take up all horses and other cattle over two years of age, not having a brand or ear-mark; for such were to be accounted strays, and forfeited to the lord proprietor of the province, unless the person claiming could establish his right of property therein before two justices of the peace. It was also the law, that no person whatsoever should mark any of his beasts, unless in the presence of some justice of the peace, constable, or chief ranger, under the penalty of £20. All these precautions SALEM, IN WEST JERSEY. 75 were taken that the rightful owners in this kind of property might have it protected in safety ; for in those early days, vast numbers of horses and cattle were raised in the woods and marshes, and they were only brought into the enclosures for two or three months during the inclemency of winter. This ordinance of marking was designed to prevent dis- honest people of the county, horse coursers and dro- vers, from taking them away by stealth, and con- verting them to their own use. And no horse dealer or drover could pass his drove of beasts out of the province, without a certificate from the ranger, or his deputy, or some justice of the peace, under a penalty of the forfeiture of the whole of them. Merchants or store keepers. — From the in- crease of population, and the quantity of merchanta- ble commodities ready for the market, store-keepers or merchants established themselves at Salem, and Cohansey or Greenwich, and carried on considerable business in the way of trade. The articles for ex- portation from Cohansey and Salem were deer-skins, dressed and undressed — peltry of every kind, of which the woods, swamps and marshes afforded an abundance — besides cedar posts, shingles and bolts, staves, wheat, corn, some beef, pork and tallow. A partner of these trading firms was located in New York, to whom the cargoes were consigned, and on the return trips of their vessels brought out with them such goods as. would be most saleable to the country people. The only market price for any of these agricultural productions, that I can find, was 3s. 9d. per bushel for wheat, and 2s. 2d. for corn. 76 FIRST SETTLEMENT OF The commerce from the port of Salem, I am in- clined to believe, was much greater to New York, Boston, and the West Indies, than from Cohansey. The persons to whom I stand remotely connected, traded a good deal to Boston. Bricks and buildings. — I have no doubt many persons may have heard a remark made of the durability of the bricks of which our old houses are composed ; their enduring good quality is owing principally to a law which was passed in 1683, re- gulating the size of bricks. The brick to be made must be 2| inches thick, 4^ inches broad, and 9^ inches long, to be well and merchantably burnt. They were to be viewed and appraised by two per- sons authorized by the court, and if they found the bricks faulty, they were to be broken, and the makers of them fined by the court. The greater part of the ancient brick houses which may be now seen in our county, or Cumberland, were built mostly before the year 1730 ; and the population of those times, retaining all their national habits of daily drinking malt liquors, erected upon most of their large farms, good and substantial brick houses, in which they malted and brewed their de- lightful beverage. But in process of time, when their apple-orchards came into bearing, cider was found to be exceedingly palatable, and it soon began to take the place of beer. What with that and the distilled spirits, I cannot find that there were any malt-houses used on any of the farms, in either of the counties, for the brewing of beer, after or about the year 1770. The last that I have any knowledge of was attempt- SALEM, IN WEST JERSEY. 77 ed to be carried on in Bradway street, in the town of Salem, but the proprietors had to desist from the want of customers. Alcoholic liquors in a great de- gree superseded every other kind of drink. Visits and refreshments. — In those very early days, neighbors usually paid friendly visits to each other, with a portion of their family, more generally in the winter than at other seasons of the year. They commonly spent a few hours of the afternoon and a part of the evening together, in the most sociable manner; and while the men would be talking over their farming affairs, and discussing the market value of the articles they had for sale, their wives and daughters would not be sitting in silence, but chattering freely about their yards of homespun linen and linsey woolsey, while their nimble fingers gave rapid motion to their knitting needles ; for be it known, that in those early times it would have been considered a stigma in a woman to have been sitting idle, while all the rest were employed in knitting. That kind of innocent and rural amusement afforded the most perfect zest to their evening's gratification ; and instead of tea, coffee and chocolate, as the fashion is now-a-days for our usual refreshment, they were regaled with plenty of good dough-nuts, cheese, fine cider, or home-made beer. Privet and thorn. — The first settlers brought over with them the privet and hawthorn seeds, and planted several fences with them, but from the care- lessness of succeeding generations, they were per- mitted to be destroyed. They were planted within 7* 78 FIRST SETTLKMEXT OF the bounds of Salem, and in the neighborhood, and in Beesley's Neck. TiDE-BANKs. — The inhabitants dwelling on both sides of Allaways creek, in the year 1697, obtained a law authorizing them to make a dam and stop out the creek, a i'ew roods above Hancock's bridge. It was completed, but by neglect it broke, and was never repaired afterwards. It was a strange notion that possessed the people in those days. Since then, millions of tons of wood and lumber have passed over the part where that dam was made ; and now, above and within three miles of that place, is building a ship of between six and seven hundred tons, which will be launched in a few months, besides a great number of vessels of different burdens, wKich have been built above that place. Soon after the settling of the town of Salem, the town-bank was erected, leading to Windham, now the property of John M. Sinnickson ; this bank for years was maintained by a tax upon the inhabitants, until after the proprietary government ceased. Embankments were made in very early times in Lower Mannington, at Fenwick's Point, in Penn's Neck, now called Chestnut Neck, and in Elsinborough and Carney's Point. RELIGIOUS SOCIETIES. I now proceed to endeavor to give you an account of the origin, building up and constituting of the differ- SALEM, IN WEST JERSEY. 79 ent religious societies, so far as I have been able to collect information. Protestant Episcopal church at Green- wich. — Two of the emigrants from Gravesend, in England, were brothers, to wit: Nicholas and Leon- ard Gibbon ; they purchased about 6,000 acres of land near to Cohansick, or, as it is now called, Greenwich, which they endeavored to settle by in- viting their countrymen to emigrate and locate them- selves there. Nicholas, the elder brother, built for himself in the village a good and substantial brick house, which, in those days, was considered elegant for that part of the country in which he resided, until about the year 1740, when he removed to the town of Salem. That house is now, or has been years past, in the possession of the Wood family. Leonard Gibbon, the other brother, built a good and conve- nient stone house for his residence, on his part of the land, about, perhaps, two miles from Greenv/ich. Nicholas Gibbon, Samuel Hedge and Captain James Gould carried on mercantile business together, as spoken of before, and Gould being located in New York, the exports of the productions of that part of the country were consigned to him. The Gibbons, probably being the most wealthy, and having a great- er quantity of land to dispose of than others of the ad- venturers, erected a neat, comfortable brick church, of the Episcopal order, in the village for the purpose of accommo^lating their own and neighbors' families. When it was finished, they had it consecrated in due form by Reverend Phineas Bond, a clergyman from New Castle, and John Pearsons, the settled minister 80 FIRST SETTLEMENT OF of the Episcopal Church of Saint John's, in Salem. The consecration of the church took place in the year 1729 and was named Saint Stephen's. The Gibbons contracted with Mr. Pearson to officiate in their church for them as often as he could be spared from his Salem church ; but as the tide of emigra- tion set towards that part of Cohansey, so did the religious feelings of the community tend towards the Quakers, Baptist and Presbyterian sects, until as a distinct body of Christians, the Episcopalians in a few years dwindled away. Salem Protestant Episcopal church. — I can- not say at what precise time the Episcopal church at Salem w^as instituted, but I have reason to think that worship of that order was held there in a wood- en building, a considerable time before the brick building was erected, which was about the year 1720. I am inclined to believe that Doctor Dyer, Doctor Alexander Gaudovitt, John Kidd and William Wetherby were members of the church previous to the erection of the brick building ; and after that, I am induced to think that the first wardens were Ben- jamin Veining and Joseph Coleman. There were other active members, such as George Frenchard, John Holbrook, John Rolph and others not now re- collected. About the year 1772, the edifice being much dila- pidated, and the wood work gone to decay, the con- gregation resolved upon having it put into a complete state of repair ; accordingly a committee was ap- pointed to solicit subscriptions to procure such a sum of money as might be considered sufficient to com- SALEM, IN WEST JERSEY. 81 plete the work. That committee was composed of Edmund Wetherby, Robert Johnson, Thomas Sin- nickson and John Carey, Esquires, who contracted with John Maxwell, the carpenter, to complete the building. The names of ministers who, through the lapse of years, officiated in that church were, as now recol- lected, the Reverend Messrs. Coleman, Allen, Pear- son, Wixcell, Thompson, Parker, Grey ,Higby, Cadle, Smith. Episcopal church of Penn's Neck. — I would here observe that all the Swedish churches, previous to the American Revolution, in former days, were of the Lutheran order, and this church so continued un- til after the revolution ; but I cannot speak certainly as to the time when the change took place. It ap- pears that the Rev. John Wade officiated at the church in 1789, — a vestry was then chosen, and he organized or modelled the church according to the present Pro- testant Episcopal order. The Swedish church had an officer higher in au- thority than the other clergy, from whom they re- ceived their orders of appointments. This head officer was called Preepositus, a Latin word signifying prefer- ring or sitting before. He is called Provost, therefore the clergy of their churches are said to be appointed pastor or rector, under the authority of the Provost. Andreas Sandal, being Provost, appointed Abra- ham Lideni-us as the first pastor over this church in 1714, — after that Lidenius returned to Sweden, in 1724 — then Petrus Tranberg and Andreas Wind- rufwa in 1726 divided their services between this 82 FIRST SETTLEMENT OF church and Racoon, as Swedesborough was theu called, until 1728, when Windrufwa died. The con- gregation was then supplied by Tranberg alone, until the year 1748, when he died. John Sandin succeeded Petrus Tranberg in 1748, and died that year. Then Erick Unander succeeded and continued until 1756. He was succeeded by John Lidenius, who was the son of the first pastor. — Andreas Borell was sent from Sweden, and took the oversight of the American Swedish churches, in 1759, as their Provost or Praepositus. John Wicksell officiated from 1763 to about the year 1773, or begin- ning of 1774, when he returned to Sweden. His successor was the Rev. Nicholas Collin, who offi- ciated there until about the close of the American war ; and was the last of the Swedish ministers. — Then succeeded Samuel Grey — then Higby. The old wooden building having gone to decay, a plain, comfortable brick one was erected in its place in 1808. In relation to the Swedish churches in America, and to this in particular, the Swedish mission was supported principally by the King of Sweden, and a glebe was purchased for each mis- sionary station. The glebe attached to this church, a farm in the township of Pile's Grove, had been sold some years ago for the sum of eight hundred pounds, but I believe the original sum is still kept entire by the congregation of Penn's Neck. The names here inserted were of the Swedes who dwelt in Penn's Neck, previous to the year 1680, and who I have no doubt belonged to this church. They were Erickson Yearneans, two brothers, Hendricks, Spackleson, SALEM, IN WEST JERSEY. 83 Nielson, Giljeansan, Cornelius, Senexson, Oulson, Picters, Wolleyson, Barkleson, Jacquette, Jacobson and Pederson. Morris River. — The Swedes very early formed settlements on the Morris River, at Buckshutem, Dorchester and Leesburg. But the whole of that population have passed away. I cannot hear of a single individual of the Swedish descent, remaining there. They had a church in early time at Bucks- hutem, but there is scarce a vestige of it to be seen now. There yet remains on the brink of the river, and at Leesburg, in those grounds, many graves of the long gone inhabitants, evincing that a consider- able number of people once resided there. German Lutheran church. — The German Lutheran church, called Emanuel's, at Freasburg, in Upper Allaways creek, was constituted about the year 1748. The constituents were, I believe, all foreigners from Germany. They were, Freas, Trol- lenger, Meyer, Hahn, Born Wentzell, Mackassen, Heppel, Ridman,DiIlshoever, Sowder, Kniest, Tobal, and several others, with their families. These people when they came into the county engaged themselves to work for Mr. Wistar, in the making of glass, which he carried on at his glass works, about two miles from Allaways town. The records of this church were kept in the Ger- man language, until 1832 when the Rev. Mr. Harpel took the oversight of the same — when in 1836 he was succeeded by Rev. Mr. Reynolds, and he, in Sept. 1836, was succeeded by Rev. Mr. Duy, and he in 1839, by Rev. Mr. Town. 84 FIRST SETTLEMENT OF Cape May Baptist church. — The Baptist church at Cape May took its origin from a vessel which put in there from England, in the year 1675. Two persons, to wit, George Taylor and Philip Hill, though not ministers, officiated as such in private families, until the Rev. Elias Keach ordained one Ashton to be a deacon. After him, the Rev. Na- thaniel Jenkins took the oversight, and a church was constituted by Rev. Timothy Brooks, of Cohansey, in 1712. The elders were Dickison Sheppard and Jeremiah Bacon. The names of the male constitu- ents were, Rev. Nathaniel Jenkins, Arthur Cressi, Seth Brooks, Abraham Smith, William Seagreaves, Jonathan Swain, John Slillwell, Henry Stiles, Ben- jamin Hand, Richard Bowns, Ebenezer Swain, Wil- liam Smith, John Taylor, Abraham Hand, Christo- pher Church, Charles Robinson, and their wives. In 1714, the settlement had well nigh been depopu- lated by a grievous sickness, which swept off a vast number of their people. Jenkins had by his wife, whose name was Esther Jones, nine children, viz : Hannah, Phebe, Nathaniel, (his successor,) Tabitha, David, Jonathan, Esther, Abinadab and Jonadab ; these married into the families of the Shaws, Serleys, Downeys, Harrises, Pooles, Lakes and Taylors. Nathaniel Jenkins succeeded his fa- ther in the ministry, and died in 1769, and was suc- ceeded by Rev. Samuel Heaton, and he by the Rev. John Sutton, and he by Rev. Peter Peterson Van- horn, and he by Rev. David Smith, and he by Rev. Artis Seagreave, who took the oversight of the church in 1785, and resigned in 1788, and occasionally SALEM, IN WEST JERSEY. 85 preached at a meeting-house near Sculltown, in Up- per Penn's Neck. He was quite popular when at Cape May, until he began to preach up the extrava- gant vagaries of the Rellites, or Universalists. His successor was Rev. John StanclifF, who took the oversight of the church in 1789. Baptist church at Dividing Creeks. — This church was formed about the year 1749, from Co- hansey, by Jonadab Sheppard, Thomas Sheppard, William Dollas, with their families and some others. About the year 1760, Rev. Samuel Heaton and John Terry removed there from Cape May. His wife's name was Abbey Tuttle. They had ten children ; these married into the families of the Colsons, Reeves, Lores, Garrisons, Clarks, Cooks, Johnsons, Terrys, and Kelseys. From these have sprung a numerous people in the county. Heaton was succeeded by the Rev. David Sheppard in 1764, and he by Rev. Peter Peterson Vanhorn, and he by Rev, John Garrison- Shiloch Seventh-day Baptist church.— This church arose about the year 1737 ; the founders were John Swinney, Doctor Elijah Bowen, John Jarman, Caleb Barrett, Hugh Dunn, Rev. Jonathan Davis, Caleb Ayres, and some others, with their fa- milies. About the year 1790, a schism took place among them, one part of the society holding the doc- trine as promulgated by Winchester, which was that of Universalisjn — the other party retaining the creed of their for.efathers. I believe the stock of the Davises are Welsh. Baptist church at Cohansey. — So early as about the year 1683, some Baptists from Tipperary, 8 86 FIRST SETTLEMENT OF in Ireland, settled in the neighborhood of Cohansey. The most prominent persons were David Sheppard, Thomas Abbott, and William Button. In 1685, Obadiah Holmes and John Cornelius came from Long Island, and settled there. The Rev. Thomas Killingsworth officiated in that church in 1690. In 1710, Rev. Timothy Brooks emigrated from Swan- sey, in Massachusetts, and united there. Obadiah Holmes used to preach for the people ; both he and Killingsworth were judges in the court of Salem. Killingsworth used to preach occasionally in the house of one Jeremiah Nickson, in Penn's Neck.* He was succeeded by Rev. Timothy Brooke, and he by Rev. William Butcher — then Rev. Nathaniel Jen- kins — then Rev. Robert Kelsey, who was from Ire- land — and he by Rev. Henry Smally, whose life of great usefulness, as a fervent and faithful minister of Jesus Christ, was protracted to this present year. Baptist church in Pitt's Grove. — This church was founded about the year 1743, by several families who emigrated from New England ; such were the Reeds, Elwells, Cheesmans, Paullins and Wallaces. The Rev. Mr. Kelsey took the oversight of the con- gregation ; after Mr. Kelsey left there, Mr. Sutton and other ministers afforded the occasional supplies. * In the 1st volume and 19th page of the court records in the clerk's office of the town of Salem, I find the following entry: — " Jeremiah Nickson and Thomas Killingsworth, by their appli- cation to this court, obtained orders that the house of Jeremiah Nickson, in Penn's Neck, in the county of Salem, should be the place of Thomas Killingsworth's ordinary preaching, or re- ligious worship." SALEM, IN WEST JERSEY. 87 Rev. William Worth then took the charge, and the congregation increased considerably under his minis- tration, until he became deeply engaged in land speculations in the back country ; and the opinion becoming current throughout that part of the county that he had become tinctured with Universalism, the congregation dwindled away to almost nothing. The constituents were John Mayhew, Esq., Jacob Elwell, John Dickinson, Cornelius Austin, Samuel Brick, and their families. Baptist church in Salem. — At the first settling in and about the town of Salem, there were but few Baptist families. The most prominent were those of Judges Holmes and Killingsworth, at whose houses their meetings were held. Killingsworth lived on and then owned the property now in the possession of the Keasbey family ; and Holmes lived at Alla- ways creek, on the farm some years ago belonging to the late Stephen Willis, but now the property of George Hall. After the death of Holmes and Kil- lingsworth, meetings were held by ministers from Cohansey, at the house of Samuel Fogg, near Quin- ton's bridge — at Daniel Smith's, Edward Quinton's, and Abner Sims'. In 1743, the Baptist meeting- house was built at Mill-hollow, and in 1757 the church was constituted, and the following named persons were the constituents, to wit : Job Sheppard, the honorable Edward Keasbey, Esq., Edward Quin- ton, Samuel "Sims, Daniel Smith, Temperance Quin- ton, Sarah Sims, Catharine Sheppard, Kerenhappuch Blackwood, Sarah Smith, Prudence Keasbey, Phebe Smith, Rachel Sneathen, and Patience James. The 88 FIRST SETTLEMENT OF Rev. Job Sheppard then became their pastor, but lived only two years ; he left eleven children, — their names were, Elnathan, Belbe, Elizabeth, Rebecca, Job, Daniel, Katharine, Martha, Kesiah, Ruth, and Cumberland. Some of these married into the fami- lies of the Fed ricks, Townsends, Grays, Bo wens, Mulfords, Kelseys, Matlocks, and have helped mate- rially to populate the township of AUaways creek. Rev. Mr. Sheppard was succeeded by Rev. John Sutton, and he by Rev. Abel Griffith — he by Wil- liam Worth, and he by Rev. Peter Peterson Van- horn. The congregation having greatly increased, it was thought necessary to build a new house ; according- ly, subscriptions were put into circulation, and that large and commodious brick building was erected on York street, in the town of Salem, in 1787 — when the Rev. Dr. Isaac Skillman, a graduate of Princeton college, became their pastor in 1791, and so con- tinued until his death in . The pulpit was sup- plied for some time by the Rev. Obadiah Brewen Brown, now of Washington city — then by Rev. Thomas Brown — then by Rev. Horatio G. Jones — then by Rev. Joseph Sheppard. Judge Holmes, spoken of above, died in 1701, leaving four sons, of whom the youngest settled here ; his name was Benjamin ; his first wife was a Smart, his second wife an Elgar, by whom he had six children ; and from them descended several chil- dren, and from them the name has been perpetuated to the present time. SALEM, IN WEST JERSEY. 89 Presbyterian church at Fairfield, Cumber- LAND. — This church was constituted by emigrants from Fairfield, in Connecticut, in the year 1697, who purchased that tract of land lying on the south side of Csesaria river, or Cohansey, and the Delaware bay. It has been generally supposed that their mi- nister made one of their number, whose name was Rev. M. Bradnor; next to him was Rev. Mr. Exile. About the year 1705, the Rev. Howel Powel, from Wales, became the pastor — then, in 1719, Rev. Mr. Hooker — then, in 1727, the Rev. Daniel Elmer, from Connecticut, became the settled minister until 1755 — then, in 1756, the Rev. William Ramsey became the pastor, until 1771, when he died. In 1773, the Rev. William Hollingshead became the pastor, and so con- tinued until 1783, when he removed to Charleston, South Carolina. In 1789, the Rev. Ethan Osborn, from Connecticut, took the charge of the congrega- tion, and has continued the pastor to this time, being almost fifty years. Presbyterian church at Greenwich. — The Presbyterians received a deed of gift for a lot of land from Jeremiah Bacon, to Henry Joice and Tho- mas Maskell, in trust for the Presbyterian church and congregation, as early as the month of April, 1717 ; but in consequence of the parsonage house being burnt in 1739, all the books and papers be- longing to the pastor and congregation were destroy- ed. As emigrants flocked into Cohansey from New England, Long Island, Wales and Ireland, it is very probable that a Presbyterian society was formed about the vear 1700, or earlier. It has been gene- 90 FIRST SETTLEMENT OF ally believed that a Mr. Black was the first pastor — then the Rev. Ebenezer Gould was installed as pas- tor, in 1728. The members and contributors to the old brick building which was taken down in 1835, after standing one hundred years, were — Ebenezer Gould, the pastor ; Josiah Fithian, William Watson, Elias Getting, Samuel Clark, Benjamin Dare, Tho- mas Evving, Abie) Carll, Thomas Buryman, Abra- ham Reeves, Jonathan Sayre, Nathaniel Bishop, Samuel Miller, John Miller, Jonathan Holmes, Tho- mas Waiihman, Matthias Fithian, Constant Maskell, John Woolsey, Ananias Sayre, Aaron Mulford, Charles Fordham, William Perry, Belbe Sheppard, Francis Brewster, James Caruthers, Thomas Read, Benjamin Wooten, John Woodruff, Noah Miller, Joseph Moone, John Pagget, Harber Peck, Nehemiah Veal, Nathaniel Harris, Francis Julis, John Shaw, Philip Vickers, John Keith, Uriah Bacon, Robert James, Stephen Jessup, Moses Plaits, Samuel Mor- felt, John Fairlaw, Joseph Simkins, James M'Knight, Charles Campbell, John Alexander, Ebenezer Ash Smith, Nathan Lupton, James Crawford, James Ro- binson, Nathaniel Moore, John Tyler, John Plumer, William Tullis, Elias Davis, Deborah Keith, Mercy Maskell, Samuel Bacon, Josiah Parvin, Thomas Pagget. The Rev. Ebenezer Gould continued the pastor of that church from the year 1726 to 1740, when he removed to Long Island. This church was favored by the supplies of the Rev. Samuel Finley, the cele- brated preachers George Whitefield, Tennant and others, during all which times there was a remark- SALEM, IN WEST JERSEY. 91 able revival of religion among that people. White- field, in a letter to his friend, dated Salem, 20th November, 1740, says, — " Yesterday, at Cohansey, the Spirit of the Lord moved over the whole congre- gation ; what reason have we to be thankful for the great things that we both see and hear !" In 1746, the Rev. Andrew Hunter was ordained pastor over the united churches of Greenwich and Deerfield. He continued to serve both those churches until 1760, when he confined his labors to the Green- wich church until his death, which was in July, 1775. And here I must be permitted to mention, that he was an ardent friend to the liberties of Ame- rica, and, like his friend and coadjutor in that noble cause, the Rev. Samuel Eaken, took an active part both in and out of the pulpit, and upon all suitable occasions, to arouse the spirit of the people against the oppressive measures of the British government. After the decease of Mr. Hunter, the church relied upon supplies until April, 1782, when the Rev. George Faitoute was installed pastor. He continued to officiate there until 1790, when he removed to Jamaica, Long Island, where he became the pastor of that church, and so continued until he died in a good old age. In 1792, a Presbyterian church was organised in Bridgeton, and a union being agreed upon by the two churches, the Rev. Mr. Clarkson took the over- sight of them in 1794, and so continued their pastor until 1801, when he relinquished his charge, and settled in Savannah, in Georgia. In 1805, the Rev. Jonathan Freeman became their pastor, and con- 92 FIRST SETTLEMENT OF tinued until his death, which was in November, 1822. The present incumbent, Rev. Samuel Law- rance, succeeded Mr. Freeman. Deerfield Presbyterian church. — About the year 1732 a number of Presbyterian families, from different places, settled in Deerfield — they wx^re early induced to oro;anize themselves into a reli2;ious so- . . . " ciety; they therefore united in building up a good and convenient log building, about the year 1737, in which worship was held, and supplies afforded them from time to time, and in the absence of a minister the people regularly attended for worship on the Sabbath day, and conducted the same according to the established order of the church. About the year 1740, the Rev. Samuel Blair, then the Rev. Gilbert Tennant, then, afler him. Rev. Samuel Finley, and a few others not recollected, dispensed the word of life to this people, and their ministrations were abun- dantly blessed, and there was a glorious ingathering of many precious souls, through their instrumentality of preaching. The Rev. Andrew Hunter, having labored here as a supply, accepted a call from the united congregations of Greenwich and Deerfield, and he was now constituted their first pastor, 4th September, 1746. In the year 1760, the pastoral connection with Mr. Hunter, was dissolved, and was destitute for four years, being dependent for supplies from Presbytery, until the Rev. Simon Williams came, in 1764, and resided with them for about the space of two years, when on the 9th June, 1767, the Rev. Enoch Green was installed pastor of the Deer- field congregation, and so continued until Nov. 2d, SALEM, IN WEST JERSEY. 93 1776, when he died. In the following year, 1777, the Rev. John Brainard (brother of David, the cele- brated missionary,) assumed the pastoral charge and died on 18th March, 1781, greatly lamented by his congregation. Rev. Joseph Montgomery and others officiated as supplies until June 25th, 1783, when Rev. Simon Hyde was ordained the pastor, and by a sudden illness died 10th Aug. 1783. The congre- gation were now dependent upon supplies until June, 1786, when William Pickles (an Englishman) was installed their pastor. He was very eloquent, and for some time exceedingly popular, but his con- duct becoming loose, and unbecoming the character of a minister, he was deposed by the Presbytery of Philadelphia. The church was again assisted by supplies for almost eight years, when, on the 12th August, 1795, the Rev. John Davenport was in- stalled pastor, but, through age and other infirmities, he was dismissed in October, 1805. Again the church became dependent on supplies for about three years, when the Rev. Nathaniel Reeve was installed pastor, October, 1808, where he continued until he was dismissed, at his own request, by the Presbytery of Philadelphia, April 17, 1817. Afterwards the Rev. Francis G. Ballentine was installed the pastor, June 22, 1819, and so continued until at a meeting of Presbytery, held at Salem, June 8th, 1824, at his request, his pastoral relation with that congregation was dissolved. Then the Rev. Alexander McFar- lane was ordained and installed, April 27, 1826, where he continued to discharge his duties as their pastor until he was dismissed from his charge, in 94 FIRST SETTLEMENT OF 1830, and to accept of a professorship in Dickenson college, Carlisle. The Rev. John Burt then took the oversight of the church for some months, when Rev. D. McCuenne was installed the pastor of this church, and on 19th October, 1836, was dismissed from his pastoral relation at his request. On the 18th Oct., 1838, the present incumbent, the Rev. Benjamin Tyler, was ordained and installed the pastor thereof. Names of ruling elders since 1779, to wit : — William Tullis, Recompence Jeake, William Smith, John Stratton, William Garrison, Abner Smith, Jo- seph Moore, Ebenezer Loomis, Joseph Brewster, Nathaniel Diaments, Ebenezer Harris, Ephraim Loomis. A Presbyterian meeting house was erected about the year 1770, near to the line of Salem and Cum- berland counties, and distant two miles from Freas- burg. The congregation being small, were not able to employ a stated pastor. They were occasionally supplied from Philadelphia and elsewhere. The only minister, now recollected, who officiated there was the Rev. Mr. Winepize, a German, who resided in the city. The names of persons with their families who attended there, were, as remembered, Sowders, Wintzell, Pearsons, Foster. That building has long since gone to ruin. Presbyterian church, in Cape May. — It is to be regretted that the records relating to the Presby- terian church in the county of Cape May were lost, and we have to begin their date from the year 1754, when the Reverend Daniel Lawrance officiated there, and lived on the parsonage which had been pur- SALEM, IN WEST JERSEY. 95 chased of the Rev. John Bradnor, in 1721, who was a member of the Presbytery of Philadelphia, and resided there, preached for the people in that part of the county. The Reverend Samuel Finley (who some years after became the president of Princeton college,) resided there, and officiated for the Cape May people. He, no doubt, was made instrumental in producing that extraordinary revival which was had among the Presbyterian and Baptist churches, from the year 1740 to about 1743. The parsonage was purchased by the following named constituents: — Humphrey Hughes, George Hand, John Parsons, Col. James Spicer, Shamgar Hand, Joshua Gulicksen, Samuel Johnston, Constant Hughes, Cornelius Schellenger, Jehu Hand, Na- thaniel Hand, Barnebas CroweIl,Jehu Richardson, George Crawford, Benjamin Stiles, Jeremiah Pland, Samuel Eldridge, Recompence Jonathan Furman, Ezekiel Eldridge, Eleazer Newton, Joseph Wilden, Nathaniel Norton, Nathaniel Rex, Yelverson Cro- well, Josiah Crowell, William Mulford, William Matthews, Samuel Bancroft, Eleazer Nocault, Joshua CrofTerd, Samuel Foster and John Matthews. The present supporters of the Presbyterian church are principally the descendants of the above named per^ sons. It is traditionary, that some people cam© from Connecticut or Long Island to engage in the whaling business — that they occupied part of their time in agricultural affairs, and sometime afterwards some persons arrived from Derbyshire, England, and took up their residence there. The Rev. James Watt succeeded Mr. Lawrance. 96 FIRST SETTLEMENT OF Abijah Davis was succeeeded by David Rdwards, who had removed from Salem county, and became the pastor in 1804 — continued until his death in 1813. Mr. Ogden succeeded Edwards, and resigned his charge in 1825, and was succeeded by Rev. Al- vin H. Parker, who was succeeded by the present en- cumbent. Rev. Moses Williamson. Pitt's Grove Presbyterian church. — This church was organised 30th April, 1741 ; their pastor was the Rev. David Evans, a native of Wales. The covenant was signed by the following members, and are believed to be heads of families, viz : Isaac Van- meter, Henry Vanmeter, Cornelius Newkirk, Abra- ham Newkirk, Barnet Dubois, Lewis Dubois, Garrett Dubois, John Miller, Francis Tully, Jeremiah Garri- son, Eleazer Smith, William Alderman, John Rose, Simon Sparks, Thomas Sparks, Richard Sparks, John Craig, William Miller, Nathan Tarbel, Hugh Moore, Peter Haws, James Dunlap, Jacob Dubois, Jr., Joshua Garrison, Joast Miller. Successors to the Rev. David Evans, Rev. Nehe- miah Garrison — then Rev. William Schenck — then Rev. Mr. Glassbrook — then Rev. Isaac Foster — then Rev. Mr. Laycock — then Rev. Mr. Carll — then Rev. Mr. Clark — then Rev. George W. Janvier. LoGTowN Presbyterian church. — This church was founded about 1750. The families were Moore, Sayre, Woodruff, Grier, Padget, Wood, and others not recollected. It was occasionally supplied by the Rev. Mr. Faitoute, Hunter, Smith, Eaken, and Schenck. In 1797, the Rev. Nathaniel Harris be- came the pastor, where he preached until 1800, when SALEM, IN WEST JERSEY. 97 he surrendered up the charge, and removed to Tren- ton. In 1801, the Rev. David Edwards, from Wales, took the oversight of the church, and continued the pastor until the year 1805, when he surrendered up his charge, and removed to Cape May. Since then, the house has been taken down. Penn's Neck Presbyterian church — This church was founded about the year 1748 ; we have no date whereby we can decide when there was a minister appointed, or other officers, until the year 1778, when the Rev. Samuel Eaken took the over- sight thereof. The families composing the congre- gation were the Nevils, Philpots, Dunns, Wrights, Lippincolts, Stanleys, Burdens, Healys, Lambsons, Congletons, and others. Eaken continued their pastor until the close of the American revolution. They were then destitute of a pastor, but were occasionally supplied with minis- ters from a distance, until the Rev. Nathaniel Harris took the oversight, which was in 1797, and so con- tinued until 1800, when he removed to Trenton. The Rev. David Edwards succeeded him, and was the pastor until 1805, when he removed to Cape May. Since then, the meeting-house has gone to decay. I have mentioned the name of Rev. Samuel Eaken. This divine appeared to be raised up specially by Providence to aid the Jerseymen in their exertions to overthrow the enemies of our country. I have often listened with great attention in hearing our most re- spectable and intelligent people conversing in respect to that extraordinary man. They considered him 9 98 FIRST SETTLEMENT OF scarcely inferior to the celebrated Whitefield. He was a true whig, and an ardent defender of the Ame- rican cause. Wherever there were military train- ings, or an order issued for a detachment of soldiers to march, he was sure, if in his power, to be there and address them, and by his most powerful elo- ■quence would work up their feelings to the highest pitch. Such was the inspiring effect of his eloquence, <)perating upon the passions of the military in so wonderful a manner, that they were ever ready to iay down their lives for their country. The soldiers not only loved him, but they almost idolized him. Such a man was the Rev. Samuel Eaken. Quakers or Friends at Sale3i. — Shortly after Fen wick, and those who were of that denomination called Friends or Quakers, had arrived from Eng- land, (which was on or about the 12th December, 1675,) and had settled themselves and their families, they resolved to associate together, and organise a meeting to be held in the town of Salem, twice in every week, for divine worship, and also once in each month for church discipline. Among those associators were John Fenwick, Robert Zane, Saml. Nicholson, Edward Wade, Samuel Hedge, John Thompson, John Smith, and Richard Guy. During the first five years of their residence, they held their religious meetings in private houses. In 1680, they purchased a house of Samuel Nicholson, and had it fitted up for their better accommodation. In 1700, they erected a brick house on the lot now their bury- ing ground, at a cost of £415 13s. 2id. SALEM, IN WEST JERSEY. 99 In 1772, the Friends found themselves under the necessity of providing more amply for their ac- commodation, and purchased a lot of land fronting on Fenwick street, and opposite to South street, on which they erected the present commodious and ex- tensive brick building. The architect was William Ellis. Quaker society in L. A. Creek. — In 1685, the Friends in Lower Allaways Creek township built themselves a house, and instituted a meeting there. The leading characters in this association were, Richard Hancock, John Denn, Jeremiah Powell^ Nathaniel Chamneys, and others. Pile's Grove meeting. — In 1726, a meeting ap- pears to have been established at Woodstown, by David Davis, and other Quakers. Upper Penn's Neck. — In 1805. About this time an establishment seems to have been made by Samuel Pedrick and John Summers, at Pedrick-town, in the township of Upper Penn's Neck. Methodist Episcopal church in Salem. — This church was consecrated in 1784. The constituents were, Henry Firth, Cornelius Mulford, Hugh Smith, John M'Claskey, Benjamin Abbot, Isaac Vaneman, John Murphey, and Levi Garrison. A few years after this, a meeting-house was erected in Lower Penn's Neck — another at Perkintown — another near Sharptown — and another near Whig Line, in Pitt's Grove. Some years since, several others in different parts of the county have beea erected. 100 FIRST SETTLEMENT OF LEGISLATIVE ENACTMENTS. In the early settlement of the state it was found to be absolutely essential to the well being of society, that laws ought to be enacted which should have for their object the restraining of the vicious, and pun- ishing them for the many outrages and indecencies which were too often perpetrated, and which, if not repressed, would tend to brutalize a great portion of the population. Accordingly an act was passed, in the second year of Queen Anne, for suppressing immorality. The offences for Sabbath-breaking and drunk- enness were punished with fine, and commitment to the stocks for the space of four hours ; and for those illicit connections which were then too frequently had between single persons of both sexes, on conviction, the parties were fined £5, and if unable to pay the penalty, both man and woman were sentenced to re- ceive from ten to 30 lashes on the bare back at the public whipping post; — and for the greater offence of adulterous connection, the parties, both man and woman, on conviction, were fined £30 a piece, and besides were to receive 30 lashes on the bare back at the public whipping post, at three several courts. From what I can discover, I think in those early days, the laws were faithfully, and probably impar- tially, executed, although to us at this time, some of them appear abhorrently severe. I have made a few selections out of many cases on the records of our courts, which I thought might SALEM, IN WEST JERSEY. 101 afford amusement and instruction to the present generation, to learn what w^as done in those early times by those who had the administration of public affairs. I cannot find that there were more than four cases of capital punishments for the awful crime of mur- der, or others supposed equally bad, ever committed in these lower counties. We have great cause to be thankful that among the minor offences, (which were numerous in early days,) committed against the peace and order of society, for the one hundred and sixty years that have passed, Jehovah, in his infinite wis- dom, had so signally restrained the wrathful and vin- dictive passions of the profligate, that it M-as only necessary to execute the vengeance of the laws upon these few solitary cases. Of the civil jurisdiction of Salem county, to the the setting off the county of Cumberland, which was so named by Governor Belcher, out of respect to the Duke of Cumberland, which decision was by act of assembly in 1747. The first court of sessions began at Salem on 17th day of September, 1706. Thomas Killingsworth, Obadiah Holmes, Judges. Joseph Say res, Samuel Hedge, James Alexander, Walter HcAvstis, Samuel Alexander, Justices. Wm. Griffin, Sheriff. Michael Hackett, Under Sheriff'. Isaac Sharp, Deputy Clerk. Nathan Brading, Clerk. At this court the grand jury find two indictments against one of the justices, Walter Hewstis. Con- 9* 102 FIRST SETTLEMENT OF stables that did not attend, fined 135. 4c?. each. Court appoint all the constables for the different precincts, one for the south, and one for the north side of Co- hansey. Court opened by proclamation, 2d Tuesday, April, 1707. Court adjourned by reason of magistrates not at- tending. Those of the grand jury who were summoned and did not appear were fined 10s. Grand Jury present, that all the inhabitants bring in a list of their cattle marks, that they be recorded by the clerk of the county. Description of a four rood road laid out in 1705 from Salem town to Morris' River. Beginning at the end of the straight street coming up Salem town, where was formerly Edward Champney's horse mill, running to the end of the street between Robert Cof- fins, and William Rumsey's lot, and along the farm of Isaac Pierson to Tobias Quinton's bridge, over the bridge at Allaway's creek, in as straight course as circumstances of the land will admit, to the old bridge at the head of Cedar swamp ; then to Gravely run, so along the old road to Long bridge, keeping the road to an oak tree marked G, then on west side of Pine-mount, branch to the old, going over place into the town-neck, between Timothy Bran- dreth's and Jonathan Wheaton's lots — then along the old road to Greenwich, landing at the wharf, and over the Cohansey creek against the wharf into the marsh, until it comes to the fast land, in the lane be- between James Pierce and Mark Reeve's land — then SALE3I, IN WEST JERSEY. 103 to Henry Buck's at Fairfield — then on north side of that place of water, through Mr. S. Maskell's lot — then keeping the road by the meeting house by Jo- seph Tooley's to Grime's bridge; then keeping the old road until it cometh to the road going to Daniel Eng- land's saw-mill, to two oak trees marked M. M. Jonathan Walling, John Bacon, William Hall. Samuel Alexander admitted an attorney. Ordered by Court that Joseph Butler be whipped upon the bare back 21 lashes, for petty larceny. October, 1708. Present, William Flail, Hugh Middleton, Justices. William Bitlin was commissioned by Rev. In- goldeby, as attorney at law. Grand Jury find a bill of indictment against Robert Rumsey, for clipping of Spanish money — it was found a true bill, — acquitted. Alexander Griffith, admitted an attorney. Nicholas Johnson came into court and confessed that he was one of those that assisted in building a pound upon the societies' land, with Joseph James, James Hutson, William Hutson, William Pope, and John Miller, to catch there some jades ; and he also confest, that he had taken up one mare which he knew not whose it were, and marked her in his own mark, and that Joseph James had two mares which he marked, and John Miller has two mares, which part of one of them is his, which they took up, and William Pope has one mare, taken up at the same time. Court fined them each 50s. 104 FIRST SETTLEMENT OE Ordered that David Roach be whipt 15 stripes for stealing a bag. Court appoints all constables, overseers of road and poor. Court fine Elisha Bassett, constable, lOs. for letting John Pierson, the servant of Richard Johnson, es- cape. Thomas Clark, admitted as an attorney at law. Sept. 1609. — Court orders, that no ordinary keeper in this county shall be allowed to trust any transient person, or laborer, or single person, above ten shil- lings, upon penalty of loosing their debts. Grand Jury present that an assessment be laid on the county, for repairing court house and prison, and finding constables' staves, paying for wolf and panther's heads, hawks, woodpeckers, blackbirds and crows ; the value of £100 to be paid in money, wheat, but- ter, or cheese, at money price. Thomas Macknamera, admitted to practice law as attorney. Road four roods wide, to go from Salem to Co- hansey ; to go from John Hancock's bridge along the new maked road to John Mason's mill, thence to the old road near Gravelly run, and so to Cohansey. Seventh month, 1709. 1710, December. Court ordered that a bench warrant be issued out to Richard Hancock, constable of the lower part of Allaways creek, that he com- mands men to watch at the house of Easther Sikes, to apprehend several robbers, which the said Sikes complains of. Two aforesaid men ordered to watch six days. SALEM, IN WEST JERSEY. 105 March Sessions, 1710-11. The grand jury being all sworn and attested, the Secretary Bass, Esq. was desired to give the grand jury their charge, which he did. June Term, 1711. The grand jury presents the prison, for that it is deficient for the securing of the prisoners, and presents the court-house, that it may be repaired, and presents the want of a pair of stocks in the town of Salem. June, 1712. Gregory Empson, attorney. Grand jury present Edmond Morphey, for holding John Quinton under the water until almost drowned ; fined 55. with costs. The grand jury being called, all answered to their names. Salem, 23 December, 1712. May it please your worships — Whereas, some years ago, the grand jury of this county of Salem made application that the records should be delivered to Mr. Bass, to be bound and put in order, and then returned to the county again ; but we understanding that the records is not bound nor returned to our county, w^e humbly make application to your worships that speedy care should be taken that the said records may be again brought to our county, and here to be bound, and kept for the good and benefit of the public. Wm. Clowes, Foreman. December, 1713. Timothy Brooks, of Cohansey, Anna-Baptis-t preacher, came into court and took the oaths, and signed the declaration according to law, and did acknowledge and did allow of the thirty-nine articles excepted in an act for exempting her ma- jesty's protestant subjects, dissenting from the Church 106 FIRST SETTLEMENT OF of England, from the penalties of certain laws made in their majesties' reign, May 24, 1689. September, 1713. The grand jury present Eliza Windsor, with force and arms upon the body of Elizabeth Rumsey, wife of Isaac Rumsey, of Salem, in the peace of God and our said lady the queen, then and there being, an assault did make, and her with a paddle over the head did strike, and also over the neck, and her collar bone did brake, to the great damage of the said Elizabeth Rumsey, &c. Court, March, 1716. Present, Richard Johnson and John Mason, Judges. Alexander Grant, Daniel Rumsey, Justices. The grand jury do present Lawrance Cox, of the town of Salem, hat maker, that on or about 8ih or 9th day of February last past, coming to the house of Charles Angelo, and in the presence of the said Charles and his wife, and John Dixon, asked what was the best news up the river ; and the said Law- rance declared there was strange news, and such that he the said Lawrance had not heard the like before, and upon the said relation declared that the Quakers had given to the governor one hundred pounds and forty pounds out of the new town meet- ing-house ; and that if the Quakers could get As- sembly to their minds, they would give seven hun- dred a year for seven years to the governor ; and that if he lived till the election, he would tell them as well of it. Signed by the foreman, 28 of First month, 17i6» Thomas Maskell. SALEM, IN WEST JERSEY. 107 June, 1716. Thomas Gordon, attorney; Henry Vaneman, attorney. Nov. 17, 1716. Mary Hawk; of Cohansey, spin- ster, was publicly whipped in the town of Salem, bv order of the justices. 'Jeremiah Bass, Esq., licensed from his excellency to })ractise in the courts. At a special court held at Salem, 16lh April, 1717, for trying of negro slaves, for the murder of .lames Sherron, Esq. Present, Isaac Sharp, John Mason, Alexander Grant, justices — Joseph Gregory, Daniel Rumsey, John Brick, Andrew Hopman, and John Loyd, freeholders. The freeholders sworn to try the prisoners in con- junction with the justices, according to evidence. The justices and freeholders ordered Mr. William Griflin to prosecute the prisoners in behalf of our sovereign lord the king. Hager, the negro woman, brought to the bar, and her accusation being read, pleaded not guilty, yet acknowledged that she knew of the intended mur- der, and was present when her master was mur- dered. John Hunt, sworn. The said Hunt declared the said murdered person had been a living person, only for the said Hager, who met the said Hunt the even- ing the murder was done, between the said Hager's master's plantation, and the house of John Gentry. And that the said Hager urged the said Hunt to go and kill her master ; that the negro boy named Ben was with the said Hager when they met, and so went near the house of the murdered person ; and 108 FIRST SETTLEMENT OF that the said Hunt sent the negro boy for the haichet wherewith he committed the murder. John Hewelt, sworn. The said Hewett declared that, one night, being upon the watch of the said negroes and others, heard some discourse offered between the said Hager and the said Hunt, and the said Hunt said unto the said Hager, don't you re- member the poison thafyou proposed to put in your master's broth or milk ? Tiie negro boy Ben being brought to the bar, and his accusation being read, pleaded not guilty. The prisoner at the bar confessed that he brought the hatchet to Hunt, the person that committed the mur- der, at the request of the said Hunt, just before the murder was committed; and that he heard his mas- ter crying out when murdering, and that he knew, when he brought the hatchet, the said Hunt intended to kill his master. The said justices, in conjunction with the free- holders, found the said Hager guilty, and was con- demned to be burnt. The said justices, in conjunction with the free- holders, found the said negro boy Ben guilty, and was condemned to be hanged by tfie neck till dead, and then hung up in gibbets. The executions were at now called Claysville, just out of Salem. At a Court of Oyer and Terminer, held by ad- journment May 21 and 27, present Isaac Sharp, Richard Johnson, judges — John Mason, Alexander Grant, David Rumsey, Samuel Smith, justices. The grand jury came into court, and presented SALEM, IN WEST JERSEY. 109 John Hunt and Mary Williams for the murdering of James Sherron. Proclamation made for silence. John Hunt being brought to the bar, and being arraigned, pleaded guilty. Mary Williams being brought to the bar and ar- raigned, pleaded not guilty ; puts herself upon the country. The petty jury came into court, and brought in Mary Williams not guilty. The court ordered the jury out again. The prisoner brought to the bar. The petty jury came into court, and brought in Mary Williams guilty of knowing of the intended murder of James Sherron before it was committed, and concealing of the same. John Hunt being brought to the bar, his indictment being read, he could show no cause why sentence of death should not be past upon him ; he had sentence past by the judge. Mary Williams brought to the bar and received sentence ; for the knowing and con- cealing the intended death of Mr. Sherron, the court fines her the sum of one hundred pounds to his ma- jesty, and to remain in custody till paid. Dec. Court, 1717. Ordered by the court, that the garret or upper part of the jail be for the use of a house of correction for the use of said county, and a whipping post be erected therein. John Kinsey, licensed to practise law, 1718. September Quarter Sessions, 1718. Upon appli- cation of Richard Johnson, that Thomas Hill had lodged in his hands, being a magistrate, a remnant of silk, quantity 5§ yards, which the said Thomas secured with a certain person to him unknown, upon suspicion of the said person being a pirate, which 10 110 FIRST SETTLEMENT OF person afterwards made his escape from the said Thomas, Ordered, That the piece of silk in the hands of Richard Johnson, late sheriff, be delivered to John Rolph, Esq., collector oi^ his majesty's custom, to be by him disposed of for his majesty's use. March, 1722. Peter Evans admitted attorney. 1727. Mr. Gould an attorney. By order of court, the whipper's fees for whipping at the public whipping post, be five shillings — in the house of correction, two shillings and sixpence. 1728. Gaudovett, attorney. 1729. Ruled and ordered by the court, that each respective public-house keeper within this county, take for their several measures of liquors hereafter named as followeth, and no more, viz : For each nib of punch, made with double refined sugar and one gill and a half of rum, ninepence — for each nib made with single refined sugar and one gill and a half of rum, eightpence — for each nib made of Muscovado sugar and one gill and a half of rum, sevenpence — for each quart of tiff, made with half a pint of rum in the same, ninepence — for each pint of wine, one shilling — for each gill of rum, threepence — for each quart of strong beer, fourpence — for each gill of brandy or cordial, dram, sixpence — for each quart of metheglen, ninepence — each quart cider royal, eight- pence — each quart of cider, fourpence. Eatables for men — for a hot dinner, eightpence ; for breakfast or supper, sixpence. For horses — 2 quarts oats, threepence ; stabling SALEM, IN WEST JERSEY. Ill and good hay, each night, sixpence; pasture, six- pence. 1732. Indictment for petty larceny. — 'Tis ordered by the court, that Eliza Crook receive twenty lashes well laid on her bare back, at the common whipping post, and that she stands committed till she pays fees. The said Eliza Crook prays delay of the said whipping, because she sayth she is quick with child. And now a jury of matrons were summoned, to wit : Susannah Goodwin, Sarah Hunt, Ann Grant, Mary Grey, Eliza Hackett, Sarah Test, Elizabeth Hall', Phoebe Saterthwait, Ann Woodnutt, Eliza Huddy, Eliza Axford, and Sarah Fithian, being duly qualified according to law, do say that Eliza Crook is quick with a living child. On motion of the attorney general, the said Eliza Crook is committed into the sheriff's custody, till she be delivered of the said child, and then to receive her punishment. John Jones, attorney. February, 1733-4. Ordered by the court, That the constables of Salem and Elsinborough shall at- tend the first day of the fair, and that Robert Walker and William Nicholson shall attend the second, with their staves, in order to keep the peace and prevent disorders ; and that Charles Foredam and Joseph Seeley attend in like manner the first day of Cohan- sey fair ; and that James Robinson and Jacob Gar- rison attend the second day. Ordered by the court. That Mary Kelly, for abus- ing the judge, Mr. Acton, in her misbehavior to him in the execution of his office, do receive ten lashes on 112 FIRST SETTLEMENT OF her bare back, for her contempt, at the public whip- ping post. Ordered by the court, That the market-place in the town of Greenwich shall be the place where the fairs are to be kept in Cohansey, for the future. CUMBERLAND COUNTY. The first court of common pleas was held at Greenwich, May, 1748. Attorneys' names appear- ing were, Daniel Mestayer, Rose, Robert Harts- horne. Court sat in meeting-house. Judges, John Brick, Richard Wood, John Remington. Sheriff, Annanias Sayre. Clerk, Elias Cotting. December Sessions, 1748. Court adjourned, and ordered clerk to make the writs returnable to Cohan- sey bridge. February Sessions, 1748. Court met at Cohansey bridge. Daniel Mestayer appointed to prosecute the pleas of the crown, in the absence of the attorney general. 1752. John Laurance appears as attorney. 1724. James Kinsey and George Trenchard ad- mitted as attorneys. 1757. Daniel Elmer appointed clerk, in the room of Elias Cotting, deceased. 1761. Augustine Moore admitted an attorney. Maskell Ewing appointed clerk, in place of Daniel Elmer, deceased. Cape May made a county in 1692. We have only designed to make a few extracts from the minutes of the court, by way of amusing the curious. First town meeting held at the house of SALEM, IN WKST JERSEY. 113 Benjamin Godfrey, on Cape May. The commis- sions for Justices and Sheriff were read. George Taylor was appointed clerk. George Taylor ac- cused John Jarvis for helping the Indians to rum. William Johnson deposeth and saith, that he came into the house of the said Jarvis and found Indians drinking rum, and one of the said Indians gave of the said rum to the said Johnson and he drank of it with him, the said Jarvis refusing to clear himself was convicted. March 20, 1693-4. Court holden at Portsmouth, John Worledge, Jeremiah Basse, John Jarvis, Jo- seph Houldin, and Samuel Crowell, Justices. June, 1694. A rule of court passed, that all per- sons that take an oath in court, shall signify the same by holding up their hands. A rule of court passed, that the Grand Jury shall have their dinner allowed them at the county charge. The grand jury make their return, — see cause to present George Taylor for publishing a false copy of the acts of assembly on a court day in December, 1693. The said Taylor puts himself upon trial, thepettyjury called and sworn, the indictment read, the witness called. John Shaw, duly sworn, saith, that the laws that was read in the court, the last court, was not the same as was. read by George Taylor at the court mentioned in the indictment. That they was not interlined, nor the same hand. Joseph Badcock duly sworn, saith, that when he was heard at the court, that he thought that the laws that was read 10* 114 FIRST SETTLEMENT OF were not the acts of the assembly. Jeremiah Basse, President of the court asserteth them to be the same laws, and written by the same hand, the rest of the Justices say it is like the same hand — and they be- lieve it to be the same hand. The jury goeth forth — they bring in their verdict, we of the jury do find not guilty, according to the indictment — the said George Taylor is cleared by proclamation. Andrew Hamilton, Esq., Governor of the pro- vince of East and West Jersey, to all whom these presents may come, send greeting. Know ye that by virtue of the powers committed to me, I h ive nominated, commissionated, and appointed, and by these presents commissionate and ap])oint George Taylor, of Cape May, my lawful deputy and attor- ney to take into his possession all wracks or drift whales or other royal fish that shall be drove on shore anywhere upon the coast of Cape May, Egg- harbor, or within the Delaware river, as far as Bur- lington, or any wrack floating near the coast, and to dispose of the same according to his discression, and to account to me for the same, as also to make en- quiry into any wracks heretofore drove on shore, or whale, or whale bone, or other royal fish, and make demand of the same, and take the same into his cus- tody for my use, paying the reasonable salvage for the same and in case of refusal to present for the same acquittances and discharges thereof, &;c. In witness whereof, I have hereunto set my hand and seal at Burlington, October 3d, 1796. ANDREW HAMILTON. SALEM, IN WEST JERSEY. 115 September 20th, 1699. John Shaw, plaintiff, Ca- leb Carman, defendant, both called, the court admits Georg^e Noble to be attorney for defendant — plead not guilty of any defamation. George Noble being attested saith that Caleb Carman told him that his wife told the said Caleb that John Shaw's wife told her that Mrs. Shaw took the piece of eight out of her husband's shoe, and that was the reason made her so confident that Ezekiel Eldridge's piece of eight was not the piece of eight. Creasy saith that John Shaw's wife told her that she found the piece of eight in her husband's shoe, and carried it to her husband and bid him be quiet. Humphrey Hughes saith he heard John Shaw's wife say that the piece of eight her husband challenged, was not the piece of eight he lost. The jury returns — brings in — we find no cause of action. March 20th, 1699. The court called, the justices dissatisfied in some points relating to their post and station — doth rejourn court until the first Tuesday in May next, till they are better informed by the Governor. September, 1723. Justices, Jacob Spicer, Hum- phrey Hughes, Joseph Wilder, Robert Townsend, Henry Young, John Hand, William Smith ; Mr. Richard Downs, Sheriff; John Taylor, Clerk. The grand jury called and sworn, they go forth, they send in a presentment against Peter Manerin. That a common barreaterhe hath, and common per- turber of the peace, he pleads not guilty — a jury 116 FIRST SETTLEMENT OF panelled and sworn, the presentment read, five evi- dences sworn, the jury sent out — they return, we find for the kin;^. The judgment of this court, is, that the said Pe- ter is to pay towards the support of this government five pounds proclamation money, or to receive fifteen lashes on his bare back, well laid on. May Idt/i, 1724. Mr. David Macbride's license to practice the law being read in court, (first appear- ance of a lawyer,) the said Macbride's deputation from the attorney general, with his excellency's ap- probation — ordered to prosecute the pleas of the crown. Mr. Edward Rodol[)hius Price's license to practice law, read, court held in Presbyterian meet- ing-house, liOwer Precinct. 1734. John Jones produced governor's license to practice law. Court adjourned to Baptist meet- ing-house. Aaron Learning; admitted to act as attor- ney in almost any case, and appears to have un- bounded influence. Jacob Spicer, sits as justice. 1735. Daniel Mestayer produced his license. 1741. A county meeting was held respecting building a jail and court house. 1742. Mr. Worrell is named as attorney. 1744. Court first held in court house, middle township. William Johnson, plaintiff", Martha Briggs, defend- ant. The court doth set aside the judgment of Ebe- nezer Swain, Esq., and do order the plaintiff* to take his breeches again, and p^y the defendant her wages with costs of suit to the respective officers. 1747. Nathaniel Jenkins, teacher and minister of SALEM, IN WEST JERSEY. 117 his majesty's dissenting subjects, denominated the Bap- tists, alias Antipedo Baptists, desiring their license to preach, according to the act of indulgence and tole- ration of the protestant dissenters, granted in the reign of King William and Queen Mary, of blessed memory, and having taken the oath of allegiance, it was granted. POLITICAL HISTORY. I proceed now to speak of the political history of these lower counties, more particularly from about the year 1768. I have before remarked that Salem was made a port of entry as long back as the year 1682, when a collector executed the duties thereof until near the breaking out of the American revolution. The last officer of the customs in this town, and, I believe, for this district, was one John Hatton, who, instead of being a kind, conciliating and gentlemanly man, as- sumed all the consequence of a petty tyrant. He kept up continued broils with the captains and own- ers of the vessels, of those who traded constantly with Philadelphia. Indeed the owners of such pro- perty considered it an abominable grievance that they were obliged to pay two shillings a week for the permit to run their vessels, and which sum they be- lieved went to support a haughty, overbearing, and insolent tool of the government ; and who they con- sidered in no other light than as a spy upon the peo- 118 FIRST SETTLEMENT OF pie at large, — and whose impudence went so far as to charge all the citizens holding offices as enemies to his majesty's government. He became despicable in the opinion of the people generally — so that re- crimination and hard words often passed between him and even persons in authority. He made no scruples of charging the owners of the vessels with carrying on an illicit trade and defrauding his ma- jesty's government out of the revenue, and that the justices of the town and county connived at it. Indeed it was only necessary in those days for a man having a secret grudge, even against the most respectable citizen in the county, to enter a complaint of disaffection, and he would probably be cited be- fore the governor and his council, to answer to the charge exhibited. I herewith give you a sample. At a council held at Burlington, the fourteenth day of July, 1768, pre- sent, His Excellency, William Frankhn, Esquire, Governor ; the Honorable Charles Read, John Smith, Samuel Smith, Esquires; John Hatton, Esq., Collector of his Majesty's customs for the port of Salem ; (Doctor Clark, whom said Hatton calls his deputy;) Grant Gibbon, Esq., one of the justices of the peace, and Edward Test, Esq., Sheriff of Salem, attending, according to appointment. The complaint of the said John Hatton, containing a remonstrance against Grant Gibbon, and Edward Test, Esquires, for abuses he had received from them in the execution of his ofhce. Also a subsequent complaint against Ro- bert Johnson, Preston Carpenter and George Tren- chard, Esquires, justices of the peace for the county SALEM, IN WEST JERSEY. 119 of Salem, for a neglect of duty, by not taking notice, in the manner requested by Mr. Hatton, of one Wil- liam Pike, charged by said Hatton of obstructing him in the execution of his office, and cursing the king ; and some depositions produced by the said Hatton relating to the same, together with sundry deposi- tions produced by the said Robert Johnson, Preston Carpenter, George Trenchard, Grant Gibbon and Edward Test, Esquires, were severally read and con- sidered, and the parties present were fully heard thereupon. The board are of opinion that the charges against the persons complained of, are by no means support- ed. That assistance has not been in a regular man- ner applied for by the said John Hatton, to any of the civil officers at Salem and refused. That it appears by the depositions of many re- spectable persons, that there is not any contraband or illicit trade carried on in the district of Salem, nor has been since Mr. Hatton's residence there ; though there may have been some instances of irregularities, such as the masters of boats, passing between Salem and Philadelphia neglecting to take out the proper papers from the respective custom houses ; but even of this practice no proof has ' been offered to the board. That the behaviour of the said John Hatton, in private life, hag occasioned the quarrels and treatment complained of, and that they have not taken rise from his discharging his duty, as collector of his majesty's customs, or in respect to the revenue. That with a prudent change in his conduct in private 120 FIRST SETTLEMENT OF life, he may live at Salem, and exercise the duties of his office with safety to his person, and put all the acts of trade in full force. And that since the abuses mentioned in Mr. Hat- ton's complaint, the chief justice has held a court of oyer and terminer in the county of Salem,but Mr. Hat- ton, although advised thereto by his excellency, and the inquiring therein recommended from the bench to the grand jury, did not apply for redress or offer any proofs of ill usage, suggested in his petition, alleg- ing that he could not attend upon the court from his being lame, and an apprehension of danger to his person ; which, the small distance Mr. Hatton was from the court, and the opportunity of writing, being considered, does not appear to be a sufficient reason for omitting his application, especially as the wit- nesses, if he could have produced any, were living in, or near the town of Salem where the court was held, aild would have attended if the usual or com- mon steps had been taken. That with regard to the conduct of the magistrates complained of for neglect of duty in Pike's affair, it appears to this board that Mr. Hatton was not in the execution of his office at that time, but was removing his own household goods, by water, to another place ; and though in several depositions of persons present, and now laid before the board, it is asserted that Pike was not heard to curse the king, or use any words to that import, as alleged by Mr. Hatton, yet the magistrates did, upon Mr. Hatton's complaint, bind him over to the next court of quarter sessions, that inquiry might be made therein, in due course of SALEM, IN WEST JERSEY. 121 law ; and that during the examination of the said Pike, Mr. Hatton and his deputy, though treated with civility and decency by the magistrates, behaved to them with great rudeness and disrespect. Charles Petit, Deputy Secretary. Hatton removed to Battentown, near Swedesbo- rough, w^here he built and resided in that small brick house, situate on the east side of the street, as you enter the village from Salem. Boston Port Bill. — We will speak of that transaction of the British Government (the Boston port bill, as it was called,) which was the cause, among others of various acts of usurpation and cru- elty, that involved these then colonies shortly after in all the horrors of civil war. Such was the gall- ing oppression exercised by General Gage, in quar- tering his mercenary soldiery upon that proscribed and truly patriotic people of Boston, in retaliation for their daring in throwing the detested tea into the sea, on 16th December, 1773, that they were ulti- mately reduced to want and wretchedness. The knowledge of their sufferings, and the vindictive spirit of their enemies, was carried, as it were, upon the wings of the wind, to every city, town, village and solitary dwelling throughout this widely extend- ed country. The feelings of the community every where were excited to the highest pitch. The great mass of the .people felt the degradation, insult and cruelty, as if inflicted upon themselves individually. Delegates from different states had now assembled and formed a congress, who " Resolved, that con- tributions from all the colonies for supplying the ne- 11 122 FIRST SETTLEMENT OF cessities and alleviating the distresses of their brethren at Boston, ought to be continued in such manner, and so long, as their occasions might re- quire." Contributions from Salem. — The inhabitants of this county, sympathising with their oppressed brethren, felt themselves called upon, by all those ties which could bind human beings together, to send them aid, assembled in the court-house, and unani- mously resolved, that they would give a portion of their substance to assist in alleviating their distressed and oppressed fellow citizens of Boston. Accord- ingly, it was " resolved, that Grant Gibbon, Esq., who was known to be one of the most popular and efficient men of the county, and a patriot in whom the public had unbounded confidence, be the man who should take the burthen and trouble in soliciting relief from our people." This meeting was on 13th October, 1774. Gibbon cheerfully undertook the praiseworthy business, and collected the sum of £l57 3s. 'Id., quite a large sum for those days. This money was forwarded with as little delay as possible, by the late Thomas Sinnickson, Esq., to the committee for the distressed and suffering poor of Boston. Meetings in Cumberland. — The whigs of Cum- berland county, our neighbors, were alike inflamed by the sacred fire of American patriotism, and ex- hibited by their conduct that they too had counted the value of liberty, and resolved to share with their brethren in the privations, dangers and vicissitudes SALEM, IN WEST JERSEY. 123 of a war which they saw must decide the destinies of our country. They, therefore, proceeded to organize and train their militia, and simultaneously with the whigs of Salem, in the fall of 1774, had a committee of safety appointed for the county which was to consist of two members from each of the townships, who met oc- casionally at Cohansey bridge, now called Bridge- ton, to see that the association be properly attended to, and energetically and punctually observed in every particular. A CARGO OF TEA BURNT AT GREENWICH. As the friends of Britain met with such determined op- position by the Bostonians, in the destruction of their tea, on the 16th Nov. 1773, so the East India tea company were determined to try whether they might not meet with better success in sendino- a cargo into the Cohansey. Accordingly a bri^ named the Grey- hound, commanded by Captain J. Allen, came up the creek and discharged her load at Greenwich, which was quickly deposited in a cellar, some dis- tance from the landing. The news of so unexpected and extraordinary an arrival, and more so of such an obnoxious cargo, aroused the patriotic feelings of the whigs in that part of the county. They, there- fore, assembled in the dusk of the evening, and (being disguised) seizing upon the chests of tea carried them to an old field, and piling them up, set fire to and destroyed them altogether. This bold act was performed on the evening of Thursday, 22d of Nov., 1774, just about one year after the destruction of the tea at Boston. 124 FIRST SETTLEMENT OF The names of those bold and determined patriots deserve to be handed down to the latest posterity ; and as far as can be recollected I herewith cheerfully record them. First, the venerable Doctor Ebenezer Elmer, (the father of the highly respectable Lucius Q. C. Elmer, Esq.,) many years a member of Congress, and who for a great length of time filled many important public offices under government, and who is now the last of those worthies whom it has pleased providence to extend his heretofore useful life to the present time. Richard Howell, afterwards a major in the army, and Governor of New Jersey ; David Pierson, Stephen Pierson, Silas Whitecar, Timothy Elmer, Reverend Andrew Hunter, Reverend Philip Tithian, Alexander Moore, Jr., Clarence Parvin, John Hunt, James Hunt, Lewis Howell, Henry Stacks, James Ewing, father of the late Chief Justice of New Jersey, Doctor Thomas Ewing, father of the present Doctor William Bedford Ewing ; Josiah Seeley and Joel Fithian, Esquires, This bold act of these men (for they were all young fellows,) produced much excitement in the lower counties with such persons who secretly were disposed to favor the British interest. They were loud in their denunciations against these patriots, for what they called " such wanton waste of property, and that they deserved to be severely handled for it." The owners of the tea, finding that some commisse- ration for their loss had been excited among the people in the neighborhood, thought proper to try whether they could not obtain remuneration by SALEM, IN WEST JERSEY. 125 having recourse to suits at law. Therefore, previous to the sitting of the Supreme Court, in April, 1775, Captain Allen, John Duffield, Stacy Hepburn, and others, brought as many as half a dozen suits for damages against some of the whigs. The advocates for the plaintiffs were Gen. Joseph Reed, of Philadel- phia, and Mr. Petitt. As soon as this transaction was known, a meeting of the whigs took place, and they immediately re- solved to raise, and did raise, a considerable sum of money to defend their friends in the controversy. Accordingly they forthwith retained on the side of the whigs, as their counsellors, Joseph Bloomfield, George Read, of New Castle, Elias Boudinot, of Elizabethtown, and Jonathan Dickinson Sargeant, of Philadelphia, who used to practice in the courts of the lower counties previous to the American revolu- tion. Joseph Bloomfield appeared as attorney for the whigs — " On motion of Mr. Sargeant, for Joseph Bloomfield, attorney for the defendants, ordered that the plaintiffs, being non-residents, file security for costs, agreeable to act of assembly, before further proceedings be had in these causes. Frederick Smyth, the chief justice, held the oyer and terminer in Cumberland county, next after the burning of the tea, and charged the grand jury on the subject, but they found no bills. He sent them out again, but they still refused to find any bills, for this plain reason — they were whigs. The foreman of that patriotic jury was Daniel Elmer. But as the American contest soon became serious, 11* 156 FIRST SETTLEMENT 01? and hostilities carried on in different parts of the states, the suits were dropped, and never after re* newed. Meetings were held to encourage thi] BREEDING OF SHEEP.— A meeting of the citizens of Philadelphia was held on the 30th November, 1774, recommending to the farmers the absolute necessity" of preserving and enlarging their flocks of sheep^ from which the people might in due time be supplied with domestic clothing* On 5th December, 1774, the butchers of the city associated together, and agreed and pledged them" selves to the public that they would not purchase any ewe mutton, or lambs, to be slaughtered within cer« tain specified times, as they thought it necessary to preserve the stock of sheep. Delegates from the different counties of Maryland met at Annapolis, and agreed, on 12th December, 1774, " to increase our flocks of sheep, and thereby promote the woollen manufacture of the province.'^ Resolved, That no person ought to kill any lamb, dropt before the first day of May yearly, or other sheep before the first day of January next, undei* four years of age. Gloucester county meeting.— The whigs of Gloucester met at their court house, on 12th De- cember, 1774, and there among other things resolv- ed, that a committee of observation, to consist of 77 persons, be chosen by a majority of voters " qualified to vote for representatives in the legislature," and to see that they publicly advertise, without fear, favor, or partiality, all such persons as shall, within the SALEM, IN W£ST JERSEY. 12? limits of their jurisdiction, be guilty of a breach of the resolutions adopted by the late General Congress* Resolved, That our farmers should, as much as possible, apply their grounds to raising of flax and hemp ; and that our young women, instead of trifling their time away, do prudently employ it in learning the use of the spinning wheel. Salem couNTY.-^Meetings Were called in thif^ county, and I believe throughout the union, urging Upon the public the absolute necessity of promoting home manufactures. It was here resolved to extend the production of flax by sowing greater quantities of seed than had ever been done, and also to promote the increase of our flocks of sheep, by killing no ewe for mutton or lamb, under four years old. Associa- tions of ladies were formed, reconmaending to the patriotic females throughout the union to enter im- mediately upon the business of domestic manufac- tures, by plying the spinning wheel and the loom. It was now apparent to the most superficial ob« server, that the die was cast,— that the people must prepare themselves to resist an enemy accustomed and well trained for war, as well as abundantly sup* plied with all the munitions necessary to carry it on with vigor and effect. Many of our most respectable citizens accepted of military appointments, and, as officers, began enlisting men to engage in the awful strife which appeared inevitable. It is not my province at this time, nor within my intended plan of giving you a short history of the events of these counties, originally one, to follow oui* military operations beyond them, further than to 128 FIRST SETTLEMENT OF say, that our soldiers marched wheresoever duty and patriotism called them, and on all trying occasions exhibited their valor worthy of American patriots. Tribute to the brave. — But I cannot, consist- ently with my own feelings, withhold from you that well earned tribute of gratitude which will be for ever due to the memories of those men who, by their ex- ertions, contributed materially to secure to us, their posterity, the national blessings which we now enjoy. They were the Sinnicksons, Holmeses, Dicks, Halls, Rowens, Joneses, Loyds, Keasbeys, Parrets, Gibbons, the Elmers, Shutes, Hands, Newcombs, and all those mentioned as engaged in the destruction of the tea, and many others, whose names, through the lapse of years, are forgotten. Of those mentioned, none were more hated and dreaded by the enemy than Thomas Sinnickson and Benjamin Holmes. So desirous was the British commander-in-chief. Lord Howe, to get hold of them, that he offered a reward of £100 sterling to have them brought to him, dead or alive. Jones, Loyd, and Gibbon were taken prisoners, and sent to New York, but the two first named were some time after- wards released upon their parole. Gibbon, (whose grandchildren are settled among us,) with thousands of other brave fellows, were doomed by the cruelty of the enemy, literally to starve to death in their prisons. I must here relate the extraordinary case of the widow of Gibbon, who, some years afterwards, be- came the wife of Benjamin Holmes. She obtained permission of the proper authorities to go to New SALEM, IN WEST JERSEY. 129 York to see her husband. With that boldness which the unsubdued love of a faithful wife had for her husband, she went on her journey, braved every danger, surmounted every difficulty, and, with none to protect her, and nothing to rely on but her un- daunted resolution, she got into the city — made her way through the midst of the soldiery to the prison- house of death, where, inquiring for him whom she so tenderly loved, and for the sight of whom she had undertaken that long, solitary and difficult journey, and surmounted so many dangers, she was there told that three days before her arrival, he, with a cart-load of other dead prisoners, had been carried out to the trenches, and there tumbled in together. What must have been her feelings on hearing of such heart-rending tidings, is impossible for me to de- scribe. To you, my respected female auditory, I appeal, whose sympathies for such poignant suffer- ings of youi fellow sex can so naturally respond. State of parties. — The war was now raging, and the great mass of the people had by this time exhibited their predilection for, or dislike which they had, either to the American cause or that of the ene- my. One portion of the people had now boldly and manfully perilled life, property, and all that was near and dear to them, in the cause of their country. These were the whigs. Another, through a systematic policy of caution, professed to steer a neutral course, and were of those who generally possessed large properties, and whose religious feelings, they said, forbade them to bear arms, but who (with some few exceptions, that loved 130 FIRST SETTLEMENT OF money more than kindred or country,) were at heart truly American, and wished success to the righteous cause. These were neutrals, or Quakers. Among these were some of the most ardent whigs that our country produced, and who boldly entered the ranks with their brother soldiers, and withstood the assaults of the enemy. I must here observe, that the public mind was ex- ceedingly agitated about that time respecting the propriety of admitting the excuses of any persons from not bearing arms, excepting such as were inca- pable by reason of age, or other bodily inffrmities.* A great deal had been said, and some arguments in the papers, as well as pamphlets, written, to con- vince the Quakers, as a religious sect, that it was not inconsistent with their tenets to aid their breth- ren, the Americans, in the mighty struggle in which they were engaged. It was denominated the cause of emancipation, which all should engage in to rid our country from the galling tyranny and oppression under which we, as a people, groaned. Arguments were used to show them that their an- cestors approved of the revolution against the go- vernment of King Charles I. ; but it was most fer- vently urged that this revolution was by far of much greater consequence to them, and to the world, than any other ever undertaken. * General Washington, in his letter to Governor Livingston, urged in the strongest terms that " every man capable of bearing arras should be obliged to turn out, and not permitted to buy off his services for a trifling sum." Again he says, " every distinc- tion between rich and poor must be laid aside now." SALEM, IN WEST JERSEY. 131 In that revolution, George Fox, in his Journal, page 135, saj^s, "The Lord's hand is turned against kings, and shall turn wise men backward — will bring their crowns to the dust, and lay them low and level with the dust." Edward Burrough holds similar sentiments, p. 610. Burrough again says, " Yet, notwithstanding, I must still say, and it is my judgment, that there was very great oppression and vexation under the government of the late King Charles, and bishops under his power, which the Lord was offended with, and many good people oppressed thereby ; for which cause the Lord might and did justly raise vp some to oppose and strive against oppressions and injustice, and to press after reformation in all things. This principle of sincerity, which in some things carried them on in opposing oppressions, and pressing after reforma- tion, / can never deny, but acknoivledge it^ Sewell, p. 283. The writer says, how know we, but as hath been the sentiment of divers living and powerful servants of the Lord, as members of society, in these days, but that the " Almighty, for causes best known to himself," may have a special hand in this work, (the American revolution,) as was generally agreed by Friends that He had at the beginning, even at the apparently usurped revolution under Oliver Crom- well, as may be seen by the epistles of Francis Howgill, Edward Burrough, and divers others written to him ; which, if it be the case, we possibly, and not without strong probability in the view of some, may " be found fighters against God," which is a most 132 FIRST SETTLEMENT OF awful consideration, and ought strongly to operate in the minds of all ; so that, if they cannot actively UNITE WITH, they be very careful by no means to OPPOSE, the powers that now are, and which we are now under. Again, W. Penn, p. 41, " We both own and are ready to yield obedience to every ordinance of man, relating to human affairs, and that for conscience sake ; and that in all revolutions, we have de- meaned ourselves with much peace and patience, disowning all contrary actions; and that we have lived most peacably under all the various govern- ments that have been since our first appearance ;" which could not have been unless they had submitted to the civil ordinances of men. Speaking of taxes. — Thomas Story, in his journal, p. 269, speaking of a debate which he had with the judge of a court, saith, " I began with the example of Christ himself, for the payment of a tax, though applied by CcEsar unto the uses of war, and other exigences of his government ; and was going to show the difference between a law that directly and principally affects the person in war, requiring personal service, and a law which only requires a general tax, to be applied by rules as they see cause, and he instances the example of Jesus Christ in pay- ing his tribute money, and submitting to the Roman laws, though only an ordinance of men ; and his apostles, likewise, as an example to his church through all ages then to comey Again he says, " all are to pay tribute as justly (or equally) imposed by the legislature;" p. 125. We, by the example of SALEM, IN WEST JERSEY. 133 our Lord Jesus Christ, do freely pay our taxes to Ccesar, (or the powers that rule,) who of right hath the direction and application of them, to the various ends of government, to peace or to ivar, as it pleases him, (them,) or as needs be according to the con- stitution or lavi's of his kingdom, (or commonwealth.) W. Penn, p. 33, saith, " That since we are as large contributors to the government as our antago- nists, we are entitled to as large protection from it." Samuel Bonas relates an argument he had with one Ray, a priest, who charged Friends with inconsis- tency, in that, while they actually paid and even col- lected a tax for the purpose of carrying on war against France with vigor, they refused to pay tithes and militia assessments. To which S. Bonas replies, " We are still of the same mind with Robert Barclay, that wars and fightings are inconsistent with the gos- pel principle, and still lie under sufferings with re- spect to the militia, being careful to walk by the rule of Christ's doctrine ; and yet, do not think our- selves inconsistent in actively complying with the laws of taxes, in rendering unto Cossar the things that are Csesar's, or the congress, and he, or they, may do therewith whatpleaseth he or them. The writer goes on to say, " It is a received opinion among us that all wars without distinction are sinful ;" hence arises this scruple against paying taxes for the support of -war ; but this is not the genuine doc- trine of our ancient Friends, as will fully appear in the following extract from the writings of Isaac Pen- nington, when speaking of what he very properly 12 134 FIRST SETTLEMENT OF styles, "a weighty question concerning the magistrates' protection of the innocent." It is to be observed, that this enHghtened author views magistracy and defensive war, as the same thing, or, if I may use a simile, as one building, (though consisting of divers parts,) standing on the same foundation. The question is as follows, p. 444 ; " Whether the magistrate, in righteousness and equity, is engaged to defend such who, (by peaceableness and love which God hath wrought in their spirits, and by that law of life, mercy, good-will, and forgiveness, which God, by his own finger, hath written in iheir hearts,) are taken off from fighting-, and cannot use a weapon destructive to any creature ?" Answer. — " Magistracy was intended by God for the defence of the people ; not only of those who have ability, and can fight for them, but of such also who cannot, or are forbidden by the love and law of God, written in their hearts to do so." Pennington, again, p. 448, when treating on this peaceable principle professed by the society, says, " I speak not this against any magistrates or people defending themselves against foreign invasions, or making use of the sword to suppress the violent and evil-doers within their own borders ; for this the pre- sent state of things may and doth require, and a great blessing will attend the sword, when it is up- rightly borne to that end, and its use will be honora- ble ; and while there is need of a sword, the Lord will not suffer that government, or those governors, to want fitting instruments under them for the manage- SALEM, IN WEST JERSEY. 135 merit thereof, who wait on him in his fear to have the edge of it rightly directed ; but yet there is a better state, which the Lord hath already brought some into, and which nations are to expect and travel to- wards." Another author. Finch, in a treatise called Second Thoughts concerning War, p. 95, says, " It is evident that this great man (Pennington) holds forth plainly the divine economy I have hinted at above. We see it was his judgment that men, using the sword in this gospel day, may be God's instruments ; and that herein, though not come to the better state or sum- mit of Christian perfection, they may yet be good enough to use, or direct the sword to be used, reli- geously in God's fear; when, perhaps, many would think that religion in all, instead of using the sword, would, if regarded, lead directly from the use of it ; but it seems that this writer, though a great advocate for our doctrine, thought otherwise ; and I profess myself to be his proselyte, though at present, if there are a few persons so pious, I should almost as soon expect to find the philosopher's stone, as a whole army of such warriors : and I am persuaded a due regard upon what may be urged upon his and my principle will require more benevolence and reflection of mind than can be expected from unthinking bigot- ry." The same author, " I admire the wisdom and charity of this writer, in his prudent and generous concessions, though some may think he thereby gives his cause away ; but I believe them so essen- tial to the preservation of it, that what he writes is the very truth, and that without such concessions it 136 FIRST SETTLEMENT OF will be impossible to maintain our ground against a keen adversary. All attempts to explain and defend our doctrine, which go upon the literal sense of the precept, or consider defensive war as a thing in itself wicked, how specious soever worked up or received by shallow judges, instead of honoring and serving, have injured a good cause by multiplying many if not needless absurdities and contradictions, upon all such ill-judged attempts to state and clear the con- troversy." Again, p. 100. " The sword then which in tender- ness of conscience thou can'st not draw, may in an- other (whom for wise reasons it hath not pleased God to lead in the manner he hath done thee,) become the outward providential means to preserve thee and others, as well as himself; upon which principle his arms may protect thy person and property, and thy virtue and piety be a defence and a blessing upon his arms." At the first breaking out of our revolution, I have no doubt but that many Quakers were at a stand to know what course they had better pursue ; their minds being agitated by the conflicting feelings of their religious sentiments, together with the fealty which they owed to the civil authorities of the coun- try, and the natural bias of friendship which they must have had for many of those who had been their neighbors, and with whom they had lived upon terms of intimacy, but were now far away from their fami- lies and engaged in the strife of war ; besides some of those, as officers or soldiers, or both, connected with them in all the endearing ties of consanguinity SALE3f, IN WEST JERSEY. • 137 and affinity — all these impressions had a tendency to bewilder and distract their judgments. But when their religious principles came to be pub- licly discussed, and pamphlets and other papers cir- culated among them — then they saw their way clear, not only to pay their taxes, civil and military, but many of them to unite heart and hand in the glorious cause in which their fellow citizens were engaged ; and in this little county of Salem, I will name, as officers in the militia, the venerable and very aged Thomas Carpenter, Quarter Master ; Major Edward, Hall, Col. Whitten Cripps, John Smith, Adjutant ; and there were others not now recollected — these were of the society of Quakers, and devoted them- selves faithfully to the service of their country. Another class of persons, whose horrid cruelties will for ever hold them up to the scorn and detesta- tion of every American, so long as the word liberty is dear to freemen, were the tories. These fellows, and their numbers were considerable, attached them- selves to the British when they came into Salem, and became ten times more brutish and savage than the regular foreign soldiers were. British troops in Salem. — It was about the 20th February, 1778, that a detachment of British troops were sent from Philadelphia, by water, to Salem. They were in number about 500 men, under the command of Col. Abercrombie, of the 52d regiment. They came by water, and returned the same way, after remaining a few days, and helping themselves to whatever they wanted. It was generally believed 12* 138 FIRST SETTLEMENT OF that they were sent here on a reconnoitering party, and to ascertain the resources of our county. Col. Wayne. — Col. Anthony Wayne immediate- ly succeeded Abercrombie, and on the 17th March another British regiment, which had been selected from the 17th and 44th regiments in the city of Plii- iadelphia, and mostly Scotchmen, under the command of Col. Charles Mawhood, and his majors, Simcoe and Sims, said to have been from 1200 to 1500 strong, marched into this town early in the forenoon, having encamped the night before near Sharptown, and anticipating that they might surprise Col. Wayne before he was aware of their approach. But Wayne was too vigilant an officer to be surprised here. He made good his retreat without any loss, and evinced to Col. Mawhood, although he was very much infe- rior to him in numbers, yet that he possessed the tact of generalship in a much higher degree than he did. As soon as the town was in possession of the enemy, the tories hastened hither, and as many en- listed as to make up two companies, who were called refugees. British officers v/ere put in command of them, and that they might be known from the foreign troops, whose uniform was red, these refugees were dressed in an uniform entirely different from the foreign, which was green faced with white, and cocked hats with broad white binding around them. Col. Mawhood, having now an addition of two companies to his regiment, composed of the most desperate and abandoned wretches that ever drew the breath of life, and obtaining from them all the neces- SALEM, IN WEST JERSEY. 139 sary information, learned that our militia, under the command of Col. Benjamin Holmes, were about 300, who were posted on the south side of AUaways creek, at Quinton's bridge, about three miles from Salem, and were determined to hold good their standing there, and prevent him, if possible, from crossing into Allaways creek township. He resolved, therefore, to beat up their quarters, and, as he publicly declared, chastise the insolent rebels, as he was pleased to call our people, for hav- ing the impudence to dare to show resistance to his majesty's arms. He sent out into the country around, and took from the farmers as many horses as to complete a troop, which he had immediately mounted with his best men, and attached it to the regiment. Col. Holmes, anticipating a visit from the enemy, went on an exploring party with some of his officers to Allaways-tovvn, about two miles above Quinton's bridge, for the purpose of appointing a few trusty persons as videttes, with directions to advance on the road from thence towards Salem, and watch the motions of the enemy, lest he might send a detach- ment that way, cross the creek at the bridge there, and attack him from that quarter. Col. Mawhood, on the ISth March, sent out Major Simcoe from Salem before daylight in the morning, with his battalion, who came undiscovered within half a mile of the bridge, and there placed his men in that ambuscade which proved so fatal to a portion of our militia but a few hours afterwards. On the left of the main road leading to the bridge, and with- 140 FIRST SETTLEMENT OF in half gunshot of it, there ran up a ravine leading from the creek, at that time a thick swamp, grown up with maples and bushes of every kind; this swamp continued its course to where the road made a short turn ; at about half way between this turn in the road and the bridge on the Ailaways creek, was a two story brick house, with a barn and other out- buildings ; this house was then in the occupation of Benjamin Wetherby ; the main road to Salem ran close to the south end of the house, and the barn di- rectly on the opposite side, while the swamp, with its thicket of bushes, came within 80 or 100 feet of the north side of the house. In this swamp, dwelling house and barn, the British troops were secreted. The family were driven into the cellar. At the up- per end of the lane, where the road made a turn, there were woods ; from these, some few of the red- coats, (as the enemy were sometimes called,) with a small number of light-horsemen, would show them- selves, and march down the road in a taunting man- ner, as if challenging our people to a contest, and now and then advance near to the brick house, and then retreat to the woods again. During these petty manoeuvres of the enemy, the spirit of our soldiers was excited to such a degree, as that there appeared to be an almost unanimous dispo- sition in the militia to go over the bridge and chas- tise them. The most wary of the officers opposed the movement proposed, because the orders of the commanding officer had been peremptory, that they were to stand their ground, and defend the bridge to SALEM, IN WEST JERSEY. 141 the last extremity, should the enemy attempt to force a passage in his absence. Ambuscade and defeat of the militia. — Dur- ing this parley among them, a little Frenchman by the name of Decoe, a lieutenant, who was full of fight, represented to Capt. William Smith, then the senior officer present, how easy it would be for them to go over and " drub those insolent rascals." Capt. Smith being equally animated, forthwith mount- ed his horse, and called upon his men to follow. They immediately obeyed and marched on, or rather huddled promiscuously along the road, with scarcely any military order. The decoying enemy, seeing the confused manner in which the militia were ap- proaching them, feigned a retreat. Captain Smith, being in advance of his men, was calling upon them to hasten on, saying, " we will have them before they get to Mill-hollow," — a ravine over which the then road leading to Salem passed, and about two miles from Quinton's bridge. During this higgledy-piggledy marching, if I may so call it, no one thought, while passing, to examine either the barn, dwelling house, or swamp in the rear of it. When the militia had advanced some yards beyond the house, the enemy rose up, and poured forth upon our people a most destructive fire, from the swamp, house, barn, and fences, under which many of them were secreted. The militia were thrown into confusion. It was at this moment that Capt. Smith displayed great bravery and presence of mind in attempting to rally his men, but they were so completely surprised that he could not form them 142 FIRST SETTLEMENT OF into line. The light-horse from the woods now came dashing among them ; but their horses, being untrained, soon frightened at the clash of arms and report of guns, and could not be brought within striking distance of the sabre, except in a few in- stances. Our people retreated fighting in small squads, and although at first surprised, and attacked in flank and rear, they made good their retreat across the bridge, but with the loss of between thirty and forty of their comrades. Arrival of Col. Hand during the fight. — Col. Hand, of the Cumberland militia, being informed by Col. Holmes that the enemy were in Salem, put his regiment in motion, and was hastening to join Holmes at Quinton's bridge, and by an unforseen Providence, as designed, he arrived there at the very moment when the enemy was dealing out death and destruction among our people. Immediately on his arrival, he placed his men in the trenches which our soldiers had but a little while before left, and opened upon the pursuing enemy such a continued and well directed fire, as soon put a stop to their career, and saved our people from being cut to pieces. Hand had with him two pieces of artillery, which, when they opened, soon obliged the enemy to face about. Capt. Smith had some of his hair shot away from the back part of his head, a bullet grazed his loins, and his horse received two bullets in him, yet he carried his rider safe over the bridge, and then fell dead under him. Bravery of Andrew Bacon. — One extraordina- SALEM, IN WEST JERSEY. 143 ry act of consummate bravery and desperate daring during the fight, deserves to be recorded. It was that which was performed by Andrew Bacon, of the militia, a man whose Hfe was protracted until he was past eighty years of age before he died. After our militia had etfected their retreat across the creek to their works, Bacon seized an axe, and set to with all his might, with a determination to cut down the draw of the bridge, as it was apparent the design of the enemy was to beat and drive our soldiers from their trenches, if possible; he persevered in chopping, (while the enemy were directing their shot at him,) until he cut away the draw, and rendered it impass- able ; as he was hastening to the trenches, he re- ceived a wound, which, poor fellow, rendered him a cripple for life. The enemy being now foiled, notwithstanding all their exertions to cross the creek, and seeing the draw of the bridge cut away and destroyed in their presence, were reluctantly obliged to give up the contest, and return to Salem. Col. Mawhood attacks the militia. — Colonel Mawhood, exceedingly chagrined that Major Simcoe, with his fine battalion, could not drive our people from their entrenchments, was determined not to permit them to bid defiance to his majesty's arms any longer, and resolved on the morrow to make one desperate effort, with all his disposable force, to dis- lodge the militia from their stronghold, and crush them for their insolence. Our troops being well aware that the pride of the enemy was excessively mortified in being thus foiled by a raw and undisci- 144 FIRST SETTLEMENT OF plined militia, in their attempt to take the bridge, employed the remainder of the day in strengthening their breastworks and other defences — in admmister- ing all the comfort in their power to their wounded comrades, and in burying of the dead. Their feel- ings being now wrought up to the highest pitch, on that night they entered into the most solemn resolu- tions, that no "British soldier should eat bread or set his foot on that side of the Allaways creek," as long as there was a man left to defend it. Accordingly, as it was anticipated, on the next morning, about ten o'clock, the whole British force appeared, approaching in battle array. British regiment advances to attack the CAUSEWAY AND BRIDGE. — They imagined that they would strike terror into the hearts of our people by playing upon all their martial instruments of music, as they boldly advanced to the foot of the causeway in columns of battalions, where they displayed and formed their lines on the edge of the marsh. The refugees were there in the ranks on the right of the British regulars, and many of them were recognized by our people, as men who had been inhabitants of our own county, then in arms against their own neighbors. Militia were entrenched. — Previous to the approach of the enemy. Cols. Holmes and Hand had placed their men under cover in their entrenchments, both up and down the creek, as far as the discharge of musketry would tell with good effect. The creek running circularly towards the enemy, and from the position in which their line was then formed, they SALEM, IN WEST JERSEY. 145 became exposed to the certain and destructive fire from our people in front, and on both flanks. In this position were they when our militia opened upon them such a well-directed and destructive fire, that, brave as they were, they could not long stand it. They then saw, to their wofiil disappointment, that they could make no impression upon our people ; they were not to be intimidated, for they felt them- selves secure under cover and upon a high bank, with the creek between them, and the bridge de- stroyed. For the enemy to make a desperate efl^ort to advance through the marsh to the edge of the creek, would answer no good purpose, but only ex- pose themselves to certain destruction. In their at- tempt to penetrate along the causeway to gain the bridge, they were so galled by the incessant fire poured in upon their left flank from what is now the ship-yard, as well as assailed by small-arms and the two pieces of cannon in their front, that they were thrown into confusion, were obliged to retreat back to Salem, and leave the small village of Quinton's bridge in the possession of our gallant militia. The next day a detachment of the enemy marched through a little settlement called Guineatown, near to Allaways-town, situated at the head of the tide water, but returned, not venturing to cross the bridge there. Foraging and plundering the farmers. — Mawhood now set about accomplishing the errand which lie had been sent to perform — which was 13 146 FIRST SETTLEMENT OF to plunder the farmers of all the hay, grain, cattle, horses, and, indeed, of every thing that might be of benefit to the British. He, therefore, sent out his men and pressed into his service all the teams that he could obtain, and set them to work under the su- pervision of a military guard in transporting every thing he found necessary to the vessels, which had been sent for that purpose ; — the like in number have never been seen at one time in our creek, either be- fore or since. These productions of the farmers were carried to Philadelphia, where they were very much wanted — that city being the head quarters of the enemy. The foragers were directed to explore Elsinborough, Lower Mannington and Salem, where he was sure no resistance could be offered to them. He directed a strong party to attend the foragers into the township of Lower Penn's Neck. The bridjie over the main creek, and road leading from Salem into the Neck, was situated about two miles higher up than where it now crosses. Capt. Andrew Sinnickson beats the enemy OUT, 20th March. — Captain Andrew Sinnickson lived at that time in Penn's Neck, and being notified of the party approaching, hastily collected together as many of his men as could be mustered, came upon the guard and their foragers, (in what was then called the Long Lane,) and after a severe con- test the enemy was routed, and in the melee the com- manding officer lost his hat and cloak, and was obliged to flee to Salem without them. The next day SALEM, IN WEST JERSEY. 147 Capt. Sinnickson sent a flag into the town, with the hat and cloak, belonging to the unfortunate oflicer, with something like this laconic message : " That he had to regret the sudden departure of* the officer, the owner of these articles, but hoped that if he in- tended another visit into that township he might have the pleasure of detaining him, until they became bet- ter acquainted." The enemy never attempted to trouble those inha- bitants afterwards. Savage act of vengeance authorized by Col. Maw hood. — The enemy being now worsted in his two last encounters with the militia, could illy brook the stigma which might, in all probability, be cast upon that valiant Scotch regiment, which had been picked to capture Wayne, and bring the mili- tia to unconditional subjection, and were constrained to acknowledge that they really gained no decisive victory over the rebels, but, on the contrary, rather confess a partial defeat ; the commanding officer, therefore, was driven to the most desperate dilemma, either to bear the scoffs of his fellow officers, on his return to the city, or take a worse than savage-like revenge upon a company of our people, stationed as a guard on the south side of AUaway's creek, at Hancock's bridge, which they had until now vigilant- ly and bravely defended. It was therefore resolved, that on such a night a number of refugees were to be selected (several of whom had fled from that im- mediate neighborhood,) and with some regulars should go and destroy that picket. 148 FIRST SETTLEMENT OF Accordingly on the next morning, (being Friday, the same day they were beaten by Capt. Sinnickson,) a party of the enemy were sent to the farm of Wil- liam Abbott, on the north side of the Allaway's, and near to the creek, and there continued the whole day, showing a disposition to effect a passage. This ma- ncBuvre of the British, in full view of our people, kept them continually on the alert, as they had them and the bridge to watch at the same time — they being about a mile from the bridge. At night they return- ed to Salem. On the following morning the enemy appeared about half a mile from the bridge, and ex- hibited a disposition to attack our people ; but after exchanging a few shots they retired out of the reach of our bullets, and remained in full view of our people until near dark, when they returned to Sa- lem. Massacre at Hancock's bridge. — That night the murdering party being selected, went, as they were directed, in boats down Salem creek to the river — thence to Allaway's creek — thence up the same to a suitable distance from Hancock's bridge, where they were to land, and being favored by the darkness of the night, were to attack the picket in the house in which they were stationed as their head- quarters, and put every man to death they found there. In that house, the property of Judge Hancock, were he, Charles Fogg, a very aged man, Joseph Thompson and Bacon, all Quakers ; a few others besides the guard, composed of a full company SALEM, IN WEST JERSEY. 149 of men, were those persons in that house on that ill- fated night, all wrapt in sleep, worn down with watch- ing, nature exhausted, and many of them doomed to sleep the long sleep of death. The hellish mandate was issued at head-quarters — " Go — spare no one — put all to death — give no quarters." These re- fugees, only to be associated with their brethren, the imps of the infernal regions, did their best, and glut- ted their worse than savage passions in the innocent blood of their unoffending neighbors. They killed and desperately mangled, with fiendish ferocity, such whom they saw v/rithing under the severity of their wounds, and thus destroyed more than two thirds of all who were within that house. Pilots — Jonathan Ballanger, and Negro Frank. — It was currently reported, and that report believed to be true, that a negro man, who went by the name of Nicholson's Frank, and a man from Gloucester county, called Jonathan Ballanger, were the two persons who attended the murdering expedi- tion as pilots. Ballanger came to the house of John Steward, (a farmer, near Hancock's Bridge.) armed, that very same night, some time before day. (I use the words of Steward.) Steward said, "that he soon disco- vered, from the looks and conversation of Ballanger, that some evil was about to be done." With some persuasion he prevailed upon him to go into the room and lie down. When he went in he said he turned the key in the door, nor did he open it until about 13* 150 FIRST SETTLEMENT OF daylight in the morning. When Ballanger came out of the room he stayed but a few minutes, went away, carrying with him his musket." "A short time after he had left the house, the report of a gun was heard, in the direction in which Bal- langer had walked, and by the side of the fence along which he had gone but a few minutes before, was found Reuben Say res, mortally wounded ; being a distance of not more than one-fourth of a mile from Steward's house." Ballanger was not seen by any person after he left Steward's, until several years afterwards. The sus- picion of the murder of Sayres could be fixed upon no one but him. Immediately after the massacre of the picket and private citizens, the refugees returned to Salem over the bridge, the draw of which they laid. Ballanger and the negro, no doubt, returned by water with the boatmen. It could have been none of the refugees who were at Hancock's. The cir- cumstantial evidence against Ballanger was most assuredly the very strongest kind ; amounting pretty near to positive. Public opinion was decidedly against him, for he was known to be a rank tory, and from the very hot bed of toryism — of those who secretly traded with the British while they occupied Philadelphia. It was but a short mile from Hancock's bridge to where Sayres was found weltering in his blood; he had escaped thus far towards the woods or marshes, in his flight from the murdering refugees. Not a single individual of the enemy was seen any where SALEM, IN WEST JERSEY. 151 near to the field where Say res was foimd. The mur- derer was always believed to be none other than Jonathan Ballanger. A few names of some of those desperate villains, the refugees, which I here mention, ought never to be forgotten. One fellow, who usually bore the name of Proud Harry, a plasterer by trade, an insolent, swaggering scoundrel, a bragadocio ; another, by name Jo. Da- niels ; another, if possible, worse than Satan himself, his name was John Flanks. This fellow was brought up from a boy in the family of Morris Beesley : the son of Morris, whose name was Walker, belonged to that company of militia. Hanks, with another vil- lain, rushed upon young Beesley to kill him. He begged of Hanks, in the most pitiable manner, to protect him, and spare his life; he urged upon him their friendship and intimacy ; their having grown up from boys together. All his entreaties were in vain ; the murderer heard his pleas, and then very sternly told him, that for their former intimacy alone he was determined to kill him, and then stabbed him and left him. The poor youth lived long enough to tell this tale of woe to those people who came to take care of the dead and wounded. What a sight it must have been to old Judge Sayres and his wife, and how distracting to their feelings, to have eight corpses brought and laid in their house at the same time, among whom were a son, nephew, and other relatives and neighbors ! 152 FIRST SETTLEMENT OF Another instance I will mention, of a militia-man whose name was Darius Dailey, wlio, escaping from the house, was pursued by two of the refugees ; while running, he saw an English soldier ; he made towards him as fast as he could, calling out to him at the same time to save him ; crying out, " Oh, save me, save me, soldier — I am your countryman ! Save me, save me ; I am a Scotchman — I am your coun- tryman !" The very name of countryman, even coming from the mouth of aa enemy, and in the midst of slaugh- ter, struck the tender fibres of the stern soldier's heart. He immediately put himself in an attitude of defence, and stopped the pursuing refugees, and told them that he should protect the man at all hazards — that he had surrendered himself to him, and that he was his prisoner. When his flurry had in some measure subsided, Dailey gave his name to the soldier — the soldier his name to Dailey. They were both almost struck speechless with astonishment ; they now found that they had been bosom friends and school-mates to- gether, when boys, in Scotland. Dailey was con- ducted a prisoner, with a few others, to Salem, whose lives had been spared by the English soldiers. Names of the militia officers at Hancock's BRIDGE. — The names of the officers of that unfortu- nate company of militia, who were so dreadfully cut to pieces on that dreadful night, were, Carleton Shep- pard, captain — Benjamin Curbs, first lieutenant— SALEM, IN WEST JERSEY. 153 Andrew Louder, second lieutenant — William Bres- bey, ensign. When the murdering party returned to Salem, there was great rejoicing at the extraordinary victory obtained over the rebel forces at Hancock's bridge , and Col. Mawhood, in the plenitude of his mercy, condescended to permit the wretched and heart- broken females to go out and pay their last offices of duty and affection to their dead and wounded hus- bands and friends ; and in exhibiting the excess of his humanity, he granted an indulgence to the friends of one Thompson, a Quaker, who was severely wounded, to bring him into the town, that the British surgeons might attend him. But the canker-worm of disappointment was prey- ing upon his feelings ; this diabolical act was not sufficient to glut the domineering and mortified pride of the commander, in his recent repulses by our people. Some other great military exploit must be performed before he left Salem, to give eclat to this would-be considered heretofore invincible regiment. And what, think you, it could be? Why, it was to send a company of his men 1o the farm of Colonel Holmes, in Elsinborough, about four miles from Salem, and drive his v/ife and family out of doors, pillage his property, and then set his house on fire ! All this was done. This heroic exploit deserves to be treasured Lip in the memory of all who hear me. Schooner Governor Livingston. — As a num- ber of the friends to the American cause, here and in l54 FIRST SETTLEMENT OF Cumberland, had made many sacrifices, and been greatly injured by the depredations of the enemy, they formed an association, and resolved on endea- voring to retaliate upon the enemy, by making war upon them on the ocean. They, therefore, towards the close of the year 1779 and spring of 1780, built at Bridgeton, on the Cohansey, and equipped and fitted up as a letter of marque, a fine schooner, which, in compliment to the governor of the state, was called " The Governor Livingston." She made but one successful trip, and when on her second voyage, on her return home, having a very valuable cargo on board, was captured near the capes of the Delaware, by a British frigate. With this vessel began and ended the maritime war of our friends. The names of some of the owners, as well as I can remember, were, the Elmers, and some of their friends in Cumberland ; the Sinnicksons, and their immediate relatives ; Sayre, (son-in-law to Edward Keasbey, Esq.,) Briggs and Carson, of Philadelphia. Mistakes in our American history. — Having given you a faithful account of the events of that time, while the enemy occupied Salem and its imme- diate vicinity, I cannot pass over in silence the mis- takes and errors, as I firmly believe, which you may find in some of the histories of our American revolu- tion. It is a truth that the British occupied Salem — the first time by Col. Abercrombie, having under his command 500 men, of the 52d regiment ; he came by water, and returned the same way, leaving Salem SALEM, IN WEST JERSEY. 155 on the 25th Feb., 1778. In his regiment was a Capt. Robinson, a fine, gentlemanly man, as was said by those who saw him. My father had a fine and beau- tiful blood horse, which one of his negro men mount- ed and rode off to Salem, as soon as he saw the enemy approaching from the river, through the marshes, and joined himself to them. This Robin- son took the horse for his own use, and the negro for his servant. When the enemy were on their re- turn, this horse was put on board a boat which ac- companied the other vessels down the creek, and when near the river the horse took fright, and, leap- ing overboard, swam ashore ; we got him afterwards, and before the visit of the second party of the enemy, he was sold to Nathan Sheppard, of Cumberland, for two hundred pounds, specie. Some years afterwards I saw the same horse in the possession of Seeley and Mercelies, merchants ; he was a gray. I am thus particular, that some of the old people in Bridgeton may endeavor to refresh their recollections respecting the horse. It is also a truth that the second party of the enemy was commanded by Col. Charles Mawhood, but they did not come by water, but by land. The truth is, that on Sunday, the 15th of March, 1778, Col. Mawhood put his picked regiment on board of his transports at Philadelphia, and dropped down to Billingsport,.and there landed his men, (the trans- ports went on to Salem, and by them the regiment returned to the city,) and then marched up to the Salem road at Mantua creek bridge, (the only place 156 FIRST SETTLEMENT OF where he could cross the creek,) where he was op- posed, on Monday, the 16th March, by Capt. Samuel Hugg, with his artillery, and other of our militia ; the names of several from our county now recollect- ed, were, Parker, Barrett, David Wetherington, John Cams, and the venerable James Johnson, who died but a few years ago. Jn that skirmish two or three of the eneniy were killed. Our people then retreated, until they came to the farm now the property of Mr. Tonkins, where they halted, and cannonaded the enemy. That estate then belonged to Doctor Otto, who was a colonel. The British burnt all his property during the fight, and, as a monument of that skirmish, there stood but a few years ago, a large black oak tree in the middle of the road, and nearly opposite the house of Ton- kins, with the marks of the cannon shot visible upon it. Our people being overpowered by numbers, filed off from the main road, and gave up the contest. Thus, from the particulars which I have stated, those histories must be erroneous where it is asserted " that the enemy landed at Salem, and dispersed the small bodies of militia stationed there, under Cols. Hand and Holmes." After the fight at Doctor Otto's, the enemy came down and encamped for the night near Sharptown, and came into Salem early in the forenoon, as I have before said. Another mistake I would mention. Col. Hand was not in Salem when the British came here, but was in Cumberland. Being informed SALEM, IN WEST JERSEY. 157 of their arrival, be hastened with his men to join Col. Hohnes, who, like a skilful officer, withdrew his small force of but a few hundred militia, and took post on the south side of the Allaways, at the village of Quinton's bridge, with a determination to defend that pass, and that only about three miles distant from the largest and finest regiment in the English service, and there kept Col. Mawhood at bay. It was an excellent and most judicious position taken by Col. Holmes, and for that military act, his memory deserves to be recorded as the Fabius of New Jersey. I say it was a judicious military posi- tion, being about half way between Allaways-town and Hancock, where were bridges over the Allaways also ; for as soon as he could be joined by the men under the command of his friend, Col. Hand, he felt confident that, unitedly, they would be able to retain their post at Quinton's bridge against all the force that Mawhood could bring against them. I will admit that an ambuscade, (as the histories say,) " so skilfully laid and executed by Major Sim- coe, who was one of the best officers in the British service," was a great misfortune to our people ; but it did not discourage them — it only proved a greater stimulus to them ; for on the very night after the sur- prise, as I have before told you, they were determined to brave death to the last man, rather than the enemy should cross . the Allaways. Yes, and they made good their determination. But did that surprise of Simcoe upon a part of our militia militate either atrainst their bravery, or the capacity of their field 14 158 FIRST SETTLEMENT OF officers ? By no means. The orders of Col. Holmes were peremptory — not to cross the bridge, but to re- main where they were in their entrenchments, and only to resist if the enemy, in his absence, attempted the passage. Like all raw and undisciplined troops, they diso- beyed the orders of their commanding officer, and they were punished accordingly. Mawhood is represented in those histories correctly as making proposals to Col. Hand, which he, like a true American^ treated with disdain. The conditions were, that the militia should be disbanded and return to their homes, and that he would pay the farmers for the spoliations committed upon them ; but then came the threat, in case of refusal, " that he would arm the tories,''^ — that he had already done, — " de- stroy all the persons he would find in arms, burn their dwellings, and reduce their families to the ut- most distress." These conditions, it is to be observed, were of two kinds ; first — peaceable, by withdrawing his regi- ment, and paying for their spoliations ; second — war to be carried on against us, with murders, burnings, and starvation ; and that he might operate more ef- fectually upon the feelings of our officers. Colonel Mawhood designated a number of our most excellent citizens, on whom he designed to wreak his ven- geance. But the very climax of his insolence and brutality was, that on the same dav of the night in which the SALEM, IN WEST JERSEY. 159 murder at Hancock's bridge was perpetrated, he dic- tated and sent the following letter, a copy of which I herewith present you. It is in these words : "Col. Mawhood, commanding a detachment of the British army at Salem, induced by motives of hu- manity, proposes to the militia at Quinton's bridge and the neighborhood, as well officers as private men, to lay down their arms and depart, each man to his own home. On that condition, he solemnly promises to re-embark his troops without delay, doing no further damage to the country ; and he will cause his commissioners to pay for the cattle, hay, and corn, that have been taken, in sterling money. " If, on the contrary, the militia should be so far deluded, and blind to their true interest and happi- ness, he will put the arms which he has brought with him into the hands of the people well affected, called tories, and will attack all such of the militia as re- main in arms, burn and destroy their houses and other property, and reduce them, their unfortunate wives and children, to beggary and distress ; and to convince them that these are not vain threats, he has subjoined a list of the names of such as will be the first objects to tell the vengeance of the British nation. " Given under my hand, at Head Quarters, at Salem, 21st day of March, 1778. " Cs. Mawhood, Colonel. " Edward Keasbey, Thomas Sinnickson, Samuel Dick, Whitten Cripps, Ebenezer Howell, Edward Hall, John Rowen, Thomas Thompson, George 160 FIRST SETTLEMENT OF Trenchard, Elijah Cattle, Andrew Sinnickson, Ni- cholas Kean, Jacob Hufty, Benjamin Holmes, Wil- liam Shute, Anthony Sharp, Abner Penton." But what cared they for his threatening letter ? They were in arms against him — they expected no- thing but death, if they should unfortunately fall into his hands — they were not to be intimidated by his threats — they bid him defiance — they and their brave comrades had been battling with him since he came into the county — they had counted the cost — they were periling every thing that was near and dear to them. Their wives and children were in his power — he could do as he pleased with them. But, like heroes. Colonels Holmes and Hand, and their confederates, treated these propositions with dis- dain. They had strong presentiments that some awful murders were to be perpetrated, nor could they have thought that he would have so speedily executed his threat, without allowing a suitable time for an answer to his letter. Would such men as he had denounced and many others equally prominent with them, trust the pro- mise of an enemy after the most horrid barbarity perpetrated at Hancock's bridge. Could the Sinnick- son's and their relatives trust the naked promise of Mawhood, when, without any exception as to charac- ter and standing, the father-in-law of Thomas Sin- nickson, the honorable Judge Hancock and the Qua- kers, Fogg, Bacon, Thompson, and others, were mur- dered in cold blood 1 No, they could not — they would not; they defied his threats. They knew full well that he SALEM, IN WEST JERSEY. 161 had armed the tories, and that they were then in his ranks, our avowed and eternal enemies. And here I would ask the question, if, peradven- ture it might be true, that Col. Mawhood with his victorious regiment, the pick and flower of the Bri- tish army, had overran Salem county, why did he not march to Bridgeton, or Greenwich, in Cumberland county — the distance was only from sixteen to eighteen miles ? What was to hinder him, since, as has been said in history, " he had dispersed the small bodies of the militia." We would reasonably have conjectured that he would have exerted all his resources to have taken vengeance upon the Cumberland people for the au- dacious insult offered to his majesty's government in burning of the tea a few years before. There were three bridges over the Allaways. The middle one he had tried and failed, — the lower bridge at which his murderous braves had signalized them- selves, — could he not have directed his victorious troops to proceed on to the mills of Capt. Wood, and burn them on their way to the Cohansey — the rebels as he called our people, drew a great deal of their flour from thence 1 Or why did he not attempt to turn the right of our militia by crossing the Alla- ways at Allaways-town ? — there were two bridges within half a mile of each other — and what hindered him from burn.ing the mills of Judge Holmes'? he was the brother of Col. Holmes; from thence our troops drew supplies of flour. The answer I give, and I think it a legitimate one. Col. Mawhood had seen enough of our people to con- 14* 162 FIRST SETTLEMENT OF vince him, that although they would not meet him in the open field, they would inflict upon him such a guerilla warfare if he attemptd to penetrate into the wooded country as would prove fatal to his regiment. He therefore adopted the scheme I have before men- tioned of promising payment and pardon, or threat- ening vengeance and destruction. The fact was, Mawhood only held actual dominion over Salem, Lower Mannington and Elsinborough — drawing a line from about Mannington hill — the farms of the Aliens, and so to the road leading to Quinton's bridge. Our militia were sent out daily in small scouting parties, which tended very much to circumscribe the operations of the enemy ; and on one of those recon- noitering excursions a few of our officers had nigh been all captured. It was composed of Doctors Dick, Rowen, Adju- tant Jones, and one or two others not recollected, who, while they were sitting upon their horses at the now forks of the road near to James Smith's house, above three-quarters of a mile from Mannington hill, the British light horse suddenly debouched from the woods behind them, who had been secreted in the ravine leading towards that road, and dashed upon these few individuals, and soon dispersed them; of that number Jones was taken prisoner in conse- quence of his horse becoming impeded in the mire. The tories had communicated the intelligence to Col. Mawhood that videttes were seen there every morning — and he sent in the night the horse to be SALEM, IN WEST JERSEY. 163 in ambuscade before they should be discovered by any one, to give the information to our people. Another instance I will mention of the villany of the tories. Bateman Loyd, Esq., then a lieutenant, was going from our camp to communicate informa- tion to the commander of the militia in Gloucester. He stopped at Svvedesborough to take some refresh- ment, and fed his horse ; but before he alighted, he questioned the tavern keeper, whose name was James, whether it would be safe for him to tarry there for so short a time; he was assured that he might, in the most perfect safety — but while he was eating his meal, the tories rushed into the room, secured him, and carried him a prisoner to Philadelphia, then in the possession of the enemy. That part of Glou- cester and along the river were many people decided tories, and who traded privately with the enemy, and communicated to Lord Howe all the necessary intel- ligence respecting the militia. 1 regret that I have been obliored to make these remarks, so foreign to my original design; but 1 could not, consistently with my own feelings, and promise of affording you all the information in my power respecting those important events which oc- curred at that time, pass over in silence the mis- statements recorded in some of our histories, without endeavoring to give you the true version, which I think due to the memories of our departed friends. 164 FIRST SETTLEMENT OF SLAVERY I must premise that, as the subject of slavery in our southern states has been denounced in no un- measured terms of reproach by some of the conspicu- ous members of the British Parliament, and in par- ticular by that unprincipled, fanatical, and disorgan- ising agitator, Daniel O'Connell, I shall now proceed to show you how and when that national stain was first fixed upon the character of Nova Csesaria, or New Jersey ; premising, that O'Connell should have been the very last man in the world to have thunder- ed his anathemas against the American people on the score of slavery, since it is a notorious fact to every person who pays any attention to what is passing on the other side of the Atlantic, that there are thousands upon thousands of his dear people, as he calls them, the Irish, who live vastly in a more wretched and deplorable state of degradation and slavery, than the negroes in Georgia and Alabama. The poor, filthy, starving condition of the great mass of the peasantry of Ireland, far exceeds that of the whole congregated sufferings of the black population of our southern country. So much for Mr. O'Connell's interfering with the municipal regulations of the people in any part of these United States. But I proceed. Anne, queen of England, took under her fostering SALEM, IN WEST JERSEY. 165- and maternal care, the then colony of Nova Ctesaria, or New Jersey, on the 17th day of April, 1702. I must here be permitted to remark, that it is said, women sometimes rule over their husbands. It was so in the instance that I am now about to mention. You must know, therefore, that " His Royal High- ness, Prince George of Denmark," was her dearest husband, (as the queen used to call him,) and took rank at the court of St. James as high admiral of England. Instructions were given to Edward Lord Cornbury, (whose real or private name was Edward Hyde,) as captain general and governor over the province of Nova Csesaria, or New Jersey, in America, on the 16th day of November, 1702. Among a variety of those instructions, are the fol- lowing : "You shall send an account unto us, and to our commissioners for trade and plantations, of the pre- sent number of planters and inhabitants, men, women and children, as well masters as servants, free and unfree, and of the slaves in our said province, as also a yearly account of the increase or decrease of them, and how many of them are fit to bear arms in the militia of our said province. " And whereas, we are willing to recommend unto the said company, that the said province may have a constant and sufficient supply of merchantable NEGROES, at moderate rates, in money or commodi- ties — so you are to take special care that payment 166 FIRST SETTLEMENT OF be duly made, and within a competent time, according to tlieir agreements. " And you are to take care that there be no trading from our said province to any place in Africa, with- in the charter of the Royal African Company, other- wise than prescribed by an act of Parliament, entitled ' An act to settle the trade to Africa.' " And you are yearly to give unto us, and to our commissioners for trade and plantations, an account of what number of negroes our said province is yearly supplied with, and at what rates. " You shall endeavor to get a law passed for the restraining of any inhuman severity, which, by ill masters or overseers, may be used towards their Christian servants and their slaves ; and that provi- sion be made therein, that the wilful killing of Indians and negroes may be punished with death, and that a fit penalty be imposed for the maiming of them. " You are also, with the assistance of the Council and Assembly, to find out the best means to facilitate and encourage the conversion of negroes and Indians to the Christian religion." I have reason to believe that there were some negroes in the families of the S weeds who were loca- ted here when Fen wick arrived. There can be no doubt but that they had been imported by the Dutch, as they brought numbers into New York, and sold them wheresoever they could find purchasers. After the English obtained a settlement here, the negroes were imported from the West Indies, as subjects of SALEM, IN WEST JERSEY. 167 merchandise. They soon became scattered among the farmers and others who could afford to pur- chase. In a list, or what may more properly be called a census, taken of the freeholders and other inhabitants of the township of Mannington, county of Salem, in the very early settlement of the county — of white males and females, of all ages, there were two hun- dred and sixty-seven ; of that number there were ninety-three Quakers. There were also nineteen negroes ; of that number sixteen belonged to Qua- kers. Supposing that Salem, Elsinborough, Alla- ways Creek and Cohansey contained a population of about five hundred and fifty souls, (a low computa- tion) then, calculating the black population by the number in Mannington, there must have been, at that early time, at least sixty negroes, slaves here. And we have no reason to doubt the truth of the conjec- ture, for every inducement was held out to individu- als to speculate in that kind of property, Quakers as well as people of all other persuasions. As early as the year 1696, the Quakers, in their yearly meetings, brought the subject of trading in negroes before their society, and to their credit, 1 believe, were the first religous sect that advised its members to desist from and discourage the future importation of them. From about, that time the traffic in negroes became the subject of notice in their annual meetings, until about the year 1758, when they passed a resolution, denying the right of membership to any of their peo- 168 FIRST SETTLEMENT OF pie who should persist m detaining a fellow creature in bondage after that time; but the resolution was not strictly complied with until many years after- wards. This brings my remarks down to about the close of the American contest which sealed our independence and produced that peace which was so ardently wished for by all classes of society. Our farms had become almost wastes, and our farmers and people of other various callings had to begin again to recruit their cir- cumstances : they, therefore, set to once more, with the greatest diligence, in endeavoring to repair the waste and destruction produced in consequence of the war so recently ended. New buildings were erecting, enclosing and shutting out the tide from the marshes with good substantial banks, were progressing ; and even as far back as the year 1770, a survey was made by the celebrated mathematician David Ritten- house, of the route for a canal to connect the Dela- ware river with the creek near Hawk's Bridge, the first projected thorough cut canal in the Union, as I believe. A very estimable citizen, long since gone to his rest, Joseph Reeve, established a nursery for fruit trees, about three miles from Salem. He made it profitable to himself and useful to the community, while he lived ; and since then it has been greatly enlarged by his son, Samuel Reeve, and contains not less than about twenty thousand fruit trees, of every variety. But what appeared to be of the utmost importance SALEM, IN WEST JERSEY. 169 to the everlasting happiness of our forefathers, and to their descendants, was undertaken, speedily to endeavor to advance the moral culture of the people, in building up meeting houses for public worship in almost every township in the county where needed, and in erecting school houses for the instruction of their children. It was about that time that the Bap- list meeting house in Salem, the Friends' school house in South street, and the academy, all in this town, were erected by the liberality of a few public spirited individuals. It was fortunate for our country, that, shortly after our war terminated, a trade was opened by the American merchants with almost all the European nations. As new channels of commerce were opening, so was the spirit of agriculture beginning to revive. The price of grain averaged as follows, from 1782 to 1791 — wheat, $1.11 per bushel ; corn, 56 cents. Loan office. — The Legislature of New Jersey directed an emission of £100,000 of paper money, which was loaned out on mortgage on landed secu- rity, evidently with a design to assist the agricultural interest of the state. Of that sum, our county took $16,000. I closed the loan office account for this county on the 1st March, 1797. 15 170 FIRST SETTLEMENT OF My fellow citizens, I am aware that the sketch which I have given you of the historical events thus detailed through a long series of years, embracing a period of four generations of mankind, must necessarily be imperfect, especially as I have been obliged to draw largely upon my memory, in comparison to the do- cuments which I possess, for the information derived from many of those, my near and dear friends, who have long since gone to their silent tombs. Yes, they did truly peril every thing that was near and dear to them, and, by the kind interposition of a merciful Providence, overruled their and other patriots' exer- tions, for the consummation of that liberty which we all so freely enjoy. I would ask, what person would be so bold and profligate as to assert that a kind Providence did not overrule the exertions of our forefathers in such a mysterious and wonderful way, as to produce those results so propitious to our country ? Yes, I speak it with the most profound reverence — I firmly believe that the great Ruler and Arbiter of nations, of his own good pleasure, permitted even the elements to aid us in that righteous cause. Witness the following instances : On the battle field of Monmouth, he sent down the scorching heat of the sun to such a degree of inten- sity, which so distressed and debilitated the foe, that had every officer in the American line done the duty SALEM, IN WEST JERSEY. 171 prescribed to him by the commander-in-chief, the enemy would have been in our power. And while the enemy occupied Trenton, the facul- ties of the Hessians were so benumbed by the cold, or stupefied by the fumes of rum or tobacco, that the hail and snow descending in fleecy volumes upon the ground, and covering the approach of our army, did greatly assist in the surprise and capture of them. The Scriptures inform us that a cloudy pillar by day accompanied the children of Israel, while they were fleeing before the hosts of Pharaoh, and inter- cepted the hosts of their enemies ; just so did a thick mist, or fog, envelope Washington and his troops on the heights of Brooklyn, and secured their safety while crossing the East river ; and, what is particu- larly to be remarked, that on the escape of the very last boat-load of troops, behold ! the sun now shone forth, displaying his dazzling brightness, and exhi- biting an overruling Providence to the American army. Again, as the pillar to the Israelites exhibited both its bright and dark sides for their protection and de- liverance, so was the mind of Washington moved to erect large fires on Mill-hill, at Trenton, which, by their glare, tended wonderfully to bewilder and dis- concert his foe, while, in the darkness of the night, he marched to Princeton, and struck the enemy by sunrise the next morning. The poet beautifully says, " God rideth in the whirlwind, and directs the storm." 172 FIRST SETTLEMENT OF See the display of that wonderful and mysterious Providence in the preservation of Morgan and his troops in South Carolina, fleeing before, and just ready to be overtaken by, the numerous troops of Lord Cornwallis. The windows of heaven were opened, the rain descended in torrents, and the Ca- tawba was suddenly swollen to such a height, as en- tirely prevent the enemy from crossing after them. Again : See Morgan and his troops at the Yad- kin, with the same ferocious and pursuing enemy close upon his rear, even in sight. He hastens across the river — the waters rise — the swelling flood fills it and all the low grounds, and puts a stop to his ap- proaching foe. See with what precision the winds and waves of the ocean were made to obey the secret designs of the Almighty. Behold that large and stately fleet, under the command of Count De Grasse, composed of thirty-six ships of the line, appearing in the Chesapeake bay at that identical lime, so fortu- nate to the American arms, as to form a junction with the grand army under the immediate command of Washington, and assist in the capture of Lord Cornwallis, and, by that happy result, secure forever the liberties of America. I here boldly assert, that none but an infidel could attribute all these wonderful and extraordinary events to chance. Chance, indeed ! No — it was owing to God alone, who holds the destinies of nations in the hollow of his hand ; and it is to Him that we, and all people, every where, should with reverence bow. SALEM, IN WEST JERSEY. 173 and own Him as the deliverer and preserver of our dear country. A few words more before I close. I do now, in the most solemn manner, address myself to the tender feelings of your own hearts — to the remembrance of the woes and sufferings of your fathers and grand-fathers — and to that filial kindred of regard which you claim to their departed spirits — I would ask, does it not become us, as a Christian people, to appreciate all those privileges, and remem- ber, with heartfelt gratitude, the source from whence we have derived all our national blessings? Does it not become every person having any influence what- ever in society, to use it in such a way as to protect and preserve, unimpaired, all our civil and religious liberties 1 Should we not rather distrust the patriot- ism of any one, (no matter what may be his protest- ations,) who, under the plausible pretence of improv- ing the civil or political institutions of our country, would be the most likely to undermine the foundation of the temple of liberty, which our forefathers ex- pended so much blood and treasure to erect ? Let us, therefore, hold fast to true and rational liberty as the pearl beyond all price. For be it re- membered, that liberty, without control, becomes licentiousness — and licentiousness, fearing no con- trol, must necessarily end in tyranny. '' To Boast of liberty is weak and vain, While tyrant vices in our bosoms reign; Not liberty alone a nation saves — Corrupted freemen are the worst of slaves." 15* H47 75 tr^ B c,^ :g .■^ i^ o ^ " „ <5> ^\ , I ' ^ ^ A-^ ^tV o " a V .4 -^^ \: .0 ^^. ,0- ^^m- <^A^ ._^ ' _*'^f^^ %^ ^ ^^^]