many Actions were brought at Law, which gave you an opportunity to try your title to the Lands, if any you had; but that instead of defending any of the suits, you frequently broke open the King's gaol and rescued persons, committed by legal process from the King's Courts for Trespasses and other misdemeanours; and openly, in a most daring manner, bid defiance to all Authority; which was after passed over by the Courts of Justice, in a very moderate manner, to the satisfaction of all Persons, as I believe. You then engaged to have a Trial at Law, and accordingly an amicable suit was brought by Isaac Winchel, holding under the General Proprietors, against one John Thompkins, and by the Agreement of the Attornies of both Parties and their clients, a Rule was entered in the Supreme Court for the Province of New Jersey, for a struck jury from the county of Middlesex, to try that Cause; which Jury was struck in the presence of your Committee, and some of the General Proprietors; and notice of trial was accordingly given for some Day in the next Term, when the Proprietors attended with their Council from New York, and their Witnesses, at a great expence, but were prevented to try the cause, by an Injunction from the Court of Chancery to stop said Suit at Law. You then filed your several Bills in Chancery, against the General Proprietors, and those claiming under them; which being so fully answered by the defendants, that your Council thought it unsafe for you to come to a hearing in Chancery, and advised leaving the whole dispute to arbitration; which was accordingly by you requested, and consented to by the General Proprietors, and those claiming under them, in hopes that an End might thereby be put to the long Dispute: And thereupon three gentlemen living on Long Island in the Government of New York, of good character, and altogether disinterested, were mutually chosen to determine the Dispute; who after a full hearing of the proofs and allegations of both Parties, gave their Award against you, and in favor of the General Proprietors, as to the Title. You also must know that the Timber destroyed on the Lands, by reason of said Dispute is by far of more value than the lands, with all the improvements now are; and that many claiming under Indian Purchases, are still cutting and destroying the little Timber left on the Lands. Should any of you further dispute the title of the General Proprietors, or of their Assigns, can such expect any Favours from the Courts of Equity or Law, or from the persons having Title to the Lands? I think you will do well to consider of this matter, and not be influenced by the opinion of any one or two of your number, or an Opinion of Council, without it be on a full and just state of your case. If you further contend, I believe from the circumstances of this cause, the Courts of Law will not be stopt in their proceedings against you, by Injunctions from Chancery; and you will very probably have a bill in Chancery brought against you, to compel you to release your right, quit your Possessions, and to make satisfaction for all the damages done by destroying the Timber on the lands, and for the costs: which suit, if brought, you may depend will not be delayed. As to those of you who are mentioned Complainants in the Bill of Chancery, for the Lands in the Mountain Purchase, pray consider, that very few of you ever lived on said lands, but hold and possess your Farms and Plantations in the Town of Newark, under Pat. ents and Titles from the General Proprietors; that by far the most valuable parts of those disputed Lands, are settled and held under Titles derived from the General Proprietors; that not only those but many hundreds of others in Morris County, long settled under the General Proprietors, within the bounds of other Indian Purchases, made by some of the inhabitants of Newark, about the year 1701, under like circumstance with said Mountain Purchase and should your pretended Title to the Mountain Purchase be valid, so as to give a Title, not only those in Morris County, but thousands of others who have settled under the constitution of New Jersey, will for the same reasons, be turned out of their Possessions. Can you, or any man, who has the least regard to justice, the Law and Constitution of the country he lives in, to the peace and quiet thereof, expect it will ever be the case on your weak pretence of title? As to those of you living on Van Gieson's Purchase, I now inform you, (lest those of your Com. mittee present, at the hearing before the Arbitrators, have not been so just to you as to have done it,) that your Indian Purchase Deed is dated after the Act of Assembly of New Jersey, made and passed in 1703; which makes that purchase and deed absolutely void; And do also further inform you, living on Van Gieson's Purchase, and those settled at Horseneck, that as they who made those purchases, were not of the five Persons named in said pretended Licence of Governor Carteret, nor of their Company, nor of their Heirs, nor Associates of Newark; the active person or persons of your committee have in effect, by their Bills in Chancery, and in their pleadings before the Arbitrators, and by their Speeches since, given up your Title to those Lands, by asserting that your Title is derived from the Crown, by said Licence of Governor Carteret. How they can justify their not truly informing you of these matters, (if they have not done it) and with what Equity they can ask and collect money from you under the pretence of trying your title, which they themselves have given up, I leave them to answer;-But must recommend it as a prudent and necessary step for you to take before you give them any more of your Cash, or further contend for your claim, to go yourselves, or send some faithful person altogether disinterested in the Mountain purchase, and unconnected with those interested therein, to some able Council in the Law, and lay before him the Bills and Answer in Chancery which your Committee have, and also this state of your case, and desire his candid Opinion thereon; whereby you will have the advantage of knowing the real opinion of some gentleman of character in the Law, without the danger of being deceived, either from a partial State of your case, or a wrong information of oth. ers you confide in. I am, gentlemen, Your very h❜ble serv't, DAVID OGDEN. DONATIONS ANNOUNCED MAY 25TH, 1848. From the New York Historical Society.-The Proceedings of From the Pennsylvania Historical Society.-The Bulletin of the Address before the Society, Jan. 28th, 1848, by Wm. B. Reed. President's Message and Documents, Dec., 1847. Plan of House of Representatives of U. States, 1847–8. Mr. Webster's Argument in the Supreme Court, January 27th, Address in the Congress of the United States on the death of From Hon. Jacob W. Miller.-The Proceedings of the Senate of 10 From J. B. Moore, Esq., Librarian of N. Y. Hist. Soc.-Re marks and Documents relating to the preservation and keeping of the public archives, by Richard Bartlett. Memoirs of American Governors, by J. B. Moore. An Address before the New Hampshire Historical Society, June 8th, 1831, by C. H. Atherton. Annals of the town of Concord, by J. B. Moore. From Mr. O. W. Morris, New York.--The Fourth Annual Re- Twenty-third Annual Report of the Managers of the Society From Virginia Historical Society-The Virginia Historical Reg From the New England Historic Genealogical Society.--The Reg- From the Newark Library Association.-An address by the From Hon. Mahlon Dickerson.-Hazard's Historical Collections. Historio de la Louisiane, par M. Le Page du Prata. 3 vols., 8vo. Paris, 1758. History of Louisiana, by Barbe Marbois. History of Kentucky, by H. Marshall. 2 vols., Svo. Secret Proceedings and Debates of the Convention for forming the Constitution, &c., in 1787. Bozman's History of Maryland. State Papers of the United States from the Accession of General Washington to the Presidency. 10 vols.,8 vo. From Rev. N. Murray, D. D.-The National Intelligencer from 1808 to 1813, inclusive. Folio, 3 vols. A bound volume of Miscellaneous papers. From David A. Hayes, Esq.-MS. Copy of a letter from David F m Hon. Alex. Evans, M. C.-"The Out Post Guard" for March 25th, 1848. Published in Toluca, Mexico. ɔm Rev. Wm. Cogswell, D. D., of Boston.-"The New Hamp. shire Depository," conducted by the Faculty of Gilmanton "Theological Seminary. Vol. 1st, and Nos. 1 and 2 of Vol. 2d. rom W. A. Whitehead.-Printed Proposition from James Par ker relative to bridge over the Raritan at New Brunswick, Nov. 2, 1791, shewing the rates of toll for several years, &c.: laid before the Legislature of the State. The Official Fee Book of Jonathan Deare, Naval Officer at Perth Amboy, from 1784 to 1788, showing the extent of the foreign commerce at that place just after the revolution. An Original Bond, signed by Samuel Nevill, (Judge of the Provincial Supreme Court) John Nevill, his brother, and An- . drew Hay, of Perth Amboy, dated May 19th, 1739; with the signatures of Michael Kearney and Robert Hunter Morris (af terwards Chief Justice) as witnesses. Printed Official Notification by the West Jersey Society, July 6th, 1737, of their intention to apply to Parliament for an Act authorizing them to vest their property in trustees for sale, &c. From Mr. Lucius D. Baldwin.-The New Jersey Journal for the years 1799, 1800 and 1801, complete. From Wm. Rankin, Esq.-Ogilby's America. 1 vol., folio. Lon. don, 1671. From Gen. Darcy.-New York Mercantile Advertiser-from August, 1797, to January, 1798. From L. A. Smith, M. D.-The Temperance Recorder, Albany, 1832-3. Vol. I. Sermon on the death of Gen. Washington, at Newburyport, December 29th, 1799, by Samuel Spring. Eulogium on President Dwight, by Benj. Sullivan, Feb. 12, 1817. A word to Federalists-written during the last war. Discourse before the Literary and Phil. Society of New Jersey, Sept. 27, 1821, by Samuel Miller, D. D. War a Calamity to be dreaded, the substance of two discourses at New Castle, Maine, July 23d, 1812, by Rev. Kiah Bayley. Oration an the death of Lafayette, by J. Q. Adams. Address on Ardent Spirits, delivered before the Medical Society of New Hampshire, June 5, 1827. by R. D. Mussey, M. D. From Hon. Wm. A. Duer.-Eulogy on the death of John Quin. cy Adams, by John Duer, Esq. From J. McKesson, Esq., of New York.-Life of General William Hull. |