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Deerpark and Mount Hope

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This report was considered on the 8th of November, 1754, and a resolution passed to lay the same before his honor, Lt. Governor De Lancey, with request that he would exercise jurisdiction over the disputed territory till his Majesty should be pleased to declare his pleasure with respect to the further jurisdiction of this province. Col. Beekman and Capt. Winne, the committee, reported that they had laid the report before the Lieutenant Governor, who was pleased to say that “He would consider thereof and lay the same before his Majesty’s council."

Thus the controversy remained unadjusted till February 18, 1757, when a new memorial was presented to the House by the proprietors of the Minisink and Wawayanda patents, dated February 10, 1756, which was ordered to be printed. This memorial was very long, and contains a legal argument upon the point in dispute between the parties, embracing all the facts and law of the case, and we cannot consent to place it before the reader, though we have a copy of it, made by Philip Millspaugh, Esq., of the city of New York, for our use.

Nothing conclusive was done upon the consideration of this memorial. In December, 1762, a memorial of the proprietors of the patents was presented setting forth

“That the unsettled state of the boundary line has been, for many years past, the subject of fruitful and dangerous riots and breaches of the peace, attended in sundry instances, not only with violent batteries, but the imprisonment of some of his Majesty’s subjects, arising as well from the struggles of the two contending jurisdictions, as from disputes respecting the property, etc.

That, among other instances of public losses arising from these encroachments, the petitioners beg leave to mention the precinct of Minisink in Orange county, which has been wholly arrested from the colony, and is now subject to the government of New Jersey, etc., and pray for a bill for settling the controversy by a commission to be appointed for the purpose, and for provision to pay the expense.”

This is the last notice we find of this old and disturbing question on the journal of the Assembly down to 1765. It was finally settled, probably about the year 1767, and adjusted as all great questions of claim, boundary and possession of the present day have been, by dividing the disputed territory equally or nearly so between them.

QUESTION STATED.—This question originated in the uncertain boundaries of New Jersey, and in the meaning of certain words in the grant, and will be best explained by stating the boundaries.

In March 12, 1663, his Majesty, Charles II., by letters patent, granted to his brother James, Duke of York, afterwards King James II., “All that part of the main land, etc., together with Hudson’s River, and all the lands from the West side of the Connecticut River to the East side of Delaware Bay.”

In June 23, 24, 1664, the Duke of York, by lease and release, granted unto John, Lord Berkley and Sir George Cartaret all that tract now called New Jersey, and did, in part, describe it as follows: “And extending Southward to the main ocean as far as Cape May at the mouth of the Delaware, and to the Northward as far as the Northwardmost branch of the said bay or river, which is in latitude 41 degrees 40 minutes, and crosseth over thence in a straight line to the latitude 41 degrees, on Hudson’s River.”

These individuals divided the patent of New Jersey:— Carteret had the East half, and Berkley the West, and this gave origin to the name of East and West New Jersey.

The Dutch re-conquered the country, and took possession of this territory, which was soon restored to England, and Sir George Cartaret on the 28th and 29th of July, 1674, took the precaution to take a second grant for East New Jersey in severalty, by lease and release, the boundaries of which were as follows:

“All that tract of land adjacent to New England, and lying and being to the Westward of Long Island and Manhattan’s Island, bounded on the East part by the main sea, and part by Hudson’s River; and extends Southward as far as a certain creek Barnegat, being about the middle between Sandy Point and Cape May; and bounded on the West, in a straight line from said creek- called Barnegat to a certain creek in Delaware River, next adjoining to and below a certain creek in Delaware River, called Rankokus Kill; and from thence up the said Delaware River to the Northwardmost branch thereof, which is in latitude 41 degrees 40 minutes, and on the North crosseth thence in a straight line to Hudson’s River in latitude 41 degrees.”

The whole difficulty grew out of determining what and where “ the Northwardmost branch of the Delaware River” was. Both parties starting at the same point on Hudson’s River in latitude 40 degrees, New York contended for a line which would strike the Delaware at the Southern extremity of Big Minisink Island; while the line insisted upon by New Jersey would strike the Delaware just South of Cochecton, making a triangular gore of land between them, growing wider as it ran to the West, where it was several miles wide. In the final settlement this gore was about equally divided between the parties, after being a bone of contention for nearly seventy-five years. We are not certain, for the records referred to contain no proof, when this line was finally settled, yet we think it was about the year 1767.

We return to the notes of Mr. Gumaer, to say that some of the patentees having sold out to others of their number and removed, the party in possession was weakened; in consequence of which, and to regain their strength, they gave some of their lands to Harmanus Van Inwegen, a bold and strong man, and who had married a daughter of one of the Swartwouts. The following incident may serve to prove his intrepidity

One day, while absent from home, some Indians came, and commenced abusing his family: he was sent for, and when they saw him coming, they ran to their guns, cocked, and took aim at him. Nothing daunted, he rushed in among them and handled the red rascals so roughly that they were glad to flee and make their escape. At another time, when alone in his field, raking up his grain on the disputed territory, a constable of the opposite party, armed with a sword, and accompanied by a few men to take him and possess themselves of his grain, came advancing towards him, when he bid them stand off; but the constable advancing, made a few passes at him with a sword, and wounded him, when Van Inwegen broke his rake in pieces over his head, and ended the illegal attempt. Others of a like nature were made from time to time, of which we relate the following:

Major Swartwout resided on the lands in dispute, and some two miles from the settlement on the undisputed part. Some of the Jersey claimants were watching for an opportunity to enter his house and get possession, before he could procure help from his neighbors. He was aware of it, and to counteract the attempt and repel the invaders, kept a number of guns ready loaded in his house, with some additional men to work his farm, and lend assistance in a case of emergency. He was a bold, resolute man, and feared by those who wished to dispossess him. He was Major of all, or nearly all, of the militia of the then county of Orange, about the years 1730 or 1740. It is said he was portly, and had a fine military bearing when mounted on his powerful horse, and decked out in military equipments, and made a very striking appearance on parades. At that day the military meetings were usually held at Goshen or in that vicinity.