"An Act to Divide The Township of Bergen in the County of Hudson"

On February 10th 1843 the Township of North Bergen was created. The township was separated from Bergen Township, a town created in 1661 by the early Dutch settlers and encompassed all that is present day Hudson and Bergen Counties. I thought it was necessary to find the actual document that created North Bergen, if it still existed. I took a ride to the New Jersey State Archives in Trenton and low and behold that 1843 document still exists and is in perfect condition, held together with the original red ribbon that has kept the document together for 177 years. Below, you will find the transcription of the document along with several explanations of the historical context in which our town was created.

An Act to Divide The Township of Bergen in the County of Hudson

Whereas the freeholders and inhabitants of the township of Bergen, in the County of Hudson in public meeting assembled have resolved that it is expedient and will be productive of mutual benefit and convenience to divide said township into two separate townships, and have mayed legislative aid in the premises - Therefore, 

Section I. Be it enacted by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same County of Hudson, be and the same is hereby divided into two separate and independent townships; and all that part of the said township of Bergen which lies north of the central of the rail-road belonging to the New Jersey Rail Road and Transportation Company shall be and is hereby set off into a separate township, to be called and known by the name of "The Township of North Bergen," and all that part of the said township of Bergen which lies south of the centre of the rail road aforesaid, shall be and hereby is set off into a separate township to be called and known by the name of "The Township of Bergen."

The Township of North Bergen that was created in 1843 was massive. How massive you ask, the original southern board of town was located today near Journal Square! How did we find this out? Luckily a 1841 map of Hudson County has been digitally archived by the Library of Congress. This map gives us a glimpse of what North Bergen originally looked like. The image below shows the towns original southern boarder, The New Jersey Rail Road, with Bergen Township.


The New Jersey Rail Road tracks divided the townships for several years until Hoboken was formed in 1849 which also encompassed present day Weehawken. It was after this that the "Villages of North Bergen" began to form themselves into townships and municipalities. In 1855 Hudson Town was formed, today Hudson Town is Jersey City Heights. Then left Union Township, which became West New York and West Hoboken, present day downtown Union City, in 1861. They were followed by Union Hill Township, uptown Union City, in 1864. The last section of North Bergen to leave was Secaucus in 1900. Which leaves us with North Bergen's current day boundaries. 

Section II. And be it enacted that the inhabitants of the said Township of North Bergen shall be ad they are hereby constituted a body politic and corporate and shall be styled and known by the name of the "Inhabitants of the Township of North Bergen, in the County of Hudson;" and the the inhabitants of the said township of Bergen shall be and they hereby are constituted a body politic and corporate and shall be styled and known by the name of the "Inhabitants of the Township of Bergen in the County of Hudson;" and shall respectively be entitled to all the rights, powers, authority, privileges and advantages and subject to the same regulations, government and liabilities as the inhabitants of the other townships in the said county of Hudson are or may be entitled or subject to by the existing laws of this State.

Creating a town is one thing, but establishing a municipal government is another thing. The earliest mayor we know is Mayor Charles Pinnell in 1871. Pinnell and mayors before him operated under a committee style. Prior to Pinnell one person was elected from each of the five established school districts in town. The districts were as follows: District 1: Bull's Ferry, District 2: Secaucus, District 3: South New Durham, District 4: North New Durham and District 5: East New Durham. Districts aside, the five men served as committeemen representing each district to serve the people of North Bergen. The towns government operated under this style until the Walsh Act was passed in 1911, giving the present style of government the town operates under.

Section III. And be it enacted that the inhabitants of the said township of North Bergen shall hold their first annual town meeting at the house of Mitchel Saunier, innkeeper in the said township of North Bergen; and that the inhabitants of the said township of Bergen shall hold their first annual town meeting at the house of Jacob M. Vreeland in the said township of Bergen; and that each of said townships of North Bergen and of Bergen shall hold their first and all subsequent annual town meetings on the day appointed by law for holding the annual town meetings in the other townships in the County of Hudson. 



Saunier is a name rooted deeply in North Bergen history, both figuratively and literally. Mitchel Saunier was the son of Pierre Paul Sanuier, head gardener of the Frenchman's Garden which was once located between 61st and 57th Street, and from roughly Newkirk Avenue all the way to Cromakill Creek. Today the meeting place where the first town meeting was held, Saunier's home, is long gone, torn down in the 1860s but was once located on Tonnelle Avenue near 59th Street. However the image below was found in the Archives Nationales in Paris, depicting the New Jersey home of AndrĂ© Michaux, the founder of the Frenchman's Garden, the home eventually would become the home of the Saunier family.

Michaux's New Jersey Home
AndrĂ© Michaux in North America: Journals and Letters, 1785–1797
Courtesy of the University of Alabama Press


Section IV. And be it enacted. That all paupers who may be chargeable to the township of Bergen at the time this act shall go into operation shall be chargeable to and supported by that one of the townships created by this act withing the bounds of which they have acquired their settlements respectively, or in which said paupers may have resided at the time of acquiring their respective settlements; and all persons whose present settlements is in the township of Bergen, and who shall hereafter become chargeable as paupers shall be supported by that one of the said new townships hereby created, within the bounds of which they respectively resided at the time of acquiring their respective settlements, or within the bounds of which the respective settlements were acquired.




Section V: And be it enacted. That the poor house farm no vested in the overseers of the poor of the township of Bergen, with the buildings and improvements thereon, shall be vested in and remain to the township of Bergen and North Bergen in their corporate capacity as townships in common, in the same manner and form in all respects and to all intents and purposes the same as they are now vested in the said overseers.

The Poor House Farm as seen in the map above is today located in Secaucus' Laurel Hill Park, or better known to locals as Snake Hill. At the time of North Bergen's creation Secaucus remained in the boundaries of North Bergen and did so until 1900. The Poor House Farm itself covered roughly 275 acres, 75 which were cultivated. It was also an active quarry. It served as place for the county's destitute to be sent. There they'd find work and the ability to earn a living. This beneficial social program did not last as in the 1850s the almshouse was joined by the addition of a penitentiary, a contagious diseases hospital, a tuberculosis sanatorium, and the Hudson County Lunatic Asylum. The farm itself was supported financially by several Hudson County towns: North Bergen owning two-sixteenths, Hudson City - two-sixteenths, Hoboken City - four-sixteenths and Bergen - eight-sixteenths. The division was based on population.

Section VI: And be it enacted: That all the monies on hand or due belonging to the present township of Bergen shall be divided between the said township of North Bergen and the township of Bergen now created by this act, in proportion to the taxable property and ratebales, as taxed by the assessor with their respective limits at the last assessment; and that the debts and liabilities of the present township of Bergen, shall be paid and satisfied by the townships created by this act in like proportion. 

Taxes...they've gone up a bit since 1843. The difference though is where we pay them. Today property taxes are run through the tax assessor's office in Town Hall. But before North Bergen had a Town Hall the tax collector went out and actually...well, collected taxes. For example, the tax collector would go to locations throughout "North Bergen." The locations were usually well known residencies or hotels. Property owners would visit these sites on announced dates and pay their dues.

Section VII. And be it enacted. That the township committees of the township of North Bergen and the township of Bergen, shall meet on the third Monday of April next, at ten o'clock in the forenoon at the house of Rachel Riker, innkeeper at five corners, in the township of North Bergen, and shall then and there proceed to allot and divided between the said townships all the money on hand or due and all the debts and liabilities belonging to the present township of Bergen, in proportion to the taxable property and rateables as valued or assessed within the respective limits of the said two townships at the last assessment; and may adjourn the said meeting from time to time, and to such time and place as a majority of them assembled may think proper; and if any of the said township committees shall neglect to meet as aforesaid, then those present may proceed to make such allotment and division; and their decision or the decision of a majority of them, shall be final and conclusive. 

I know what your thinking, "he meant to write six corners." This is not a transcription error, you must remember in 1843 North Bergen extended down to present day Journal Square. The meeting actually took place in Jersey City's Five Corners. That said, the meetings host, Ms. Rachel Riker would eventually move to present day North Bergen after marrying into one of the town's most prominent founding families, the Danielsons.

Section VIII. And be it enacted. That the freeholders inhabitants of each of the said townships of North Bergen and Bergen respectively shall on the first Monday in May next and on the first Monday in May each and every year thereafter by a plurality of votes of the said freeholders then met and assembled, elect and choose out of the whole trove of the said freeholders, four persons out of each of the townships created by this act as trustees of the Freeholders, inhabitants of the said townships respectively, which said eight persons so elected, shall be styled and known by the name of "The Trustees of the Freeholders, inhabitants of the Township of Bergen and the Township of North Bergen;" which said eight persons so elected and chosen, shall be and continue in office for and during the term of one year, and until others are chosen and elected  in their stead; and shall be invested with and hold and enjoy all the rights, privileges, powers  and authorities whatsoever, which are now vested in or of right belong to "The Trustees of the Freeholders, inhabitants of the township of Bergen."

Section IX. And be it enacted. That the persons heretofore chosen or appointed "Trustees of the Freeholders inhabitants of the township of Bergen," and acting as such trustees shall be and remain trustees for the purpose for which they were chosen and appointed until other trustees are chosen in the manner prescribed by this act. 

Section X.  And be it enacted. That all deeds, mortgages, bonds, bills and contracts of every nature and kind whatsoever, and all interest, property and estates, real and personal, of every nature and kind, given, granted to, had, held, possessed and enjoyed by "The Trustees of the Freeholders inhabitants of the township of Bergen," shall be vested in and remain to "The Trustees of the Freeholders, inhabitants of the township of Bergen, and the township of North Bergen" in the same manner and form in all respects and to all intents and purposes, the same as they are now vested in or held. possessed or enjoyed, by "The Trustees of the Freeholders inhabitants of the township of Bergen;" and that all legal claims and demands, by any person or persons body politic or corporate, of every nature and kind, against them the said "The Trustees of the Freeholders inhabitants of the township of Bergen" shall be building upon and valid and effectual against "The Trustees of the Freeholders inhabitants of the township of Bergen, and the township of North Bergen;" and that they the said "The Trustees of the Freeholders inhabitants of the Township of Bergen, and the township of North Bergen," may in their corporate capacity, sue and be sued, implead and be impleaded, for or on account of any cause or causes of action whatsoever, now accrued or hereafter to accrue in favor of or against the said "The Trustees of the Freeholders inhabitants of the Township of Bergen," might have sued or been sued, impleaded or been impleaded, in case this act had not been passed. And to preclude all misconception it is hereby further provided that nothing in this act contained shall in any way prejudice impair or destroy any right claim or demand of any kind whatsoever which may now exist in the township of Jersey City and Van Voorst or either of them against the present township of Bergen or against "The Trustees of the Freeholders, inhabitants of the township of Bergen" for or on account of any estate real or personal by this act vested in the townships of Bergen and North Bergen, or in the Trustees, Inhabitants of the township of Bergen and of the township of North Bergen and the like remedies and right of action are hereby reserved to and vested in the said township of Van Voorst and Jersey City against the said townships of Bergen and North Bergen, and against the Trustees of the Freeholders, Inhabitants of the township of Bergen and of the township of North Bergen as now exist or against the Trustees of the Freeholders inhabitants of the township of Bergen for or on account of the said estate real or personal.

Every and all North Bergen, Hudson County and New Jersey resident has head the term Freeholder before. Oddly enough New Jerseyians are the only people in the country to know what a Freeholder is. Established by the state constitution of 1776 the position is as described:

"That all inhabitants of this Colony, of full age, who are worth fifty pounds proclamation money, clear estate in the same, and have resided within the county in which they claim a vote for twelve months immediately preceding the election, shall be entitled to vote for Representatives in Council and Assembly; and also for all other public officers, that shall be elected by the people of the county at large."

The name "freeholder" in the "Trustees of the Freeholders" is because "clear estate" refers to the men who held the position as owning their property. While "chosen" simply means elected. The townships first two chosen Freeholders were Edwin R.V. Wright, a lawyer and John Tonele Jr (As per an 1884 notation), a well respected merchant. Today, Hudson County has nine elected Freeholders.

Section XI. And be it enacted. That the election of all the township officers in each of the townships created by this act shall be by ballet; and that the inhabitants of each of the said townships qualified by law to vote at town meetings, shall by ballot determine the amount of money to be by them raised for such purposes as are or may be authorized by law. 

Section XII. And be it enacted. That at the first annual town meeting to be held in each of the townships of North Bergen and Bergen, on the day appointed by law for that purpose, in the other townships in the County of Hudson, the Judge, inspectors and clerk shall be chosen viva voca; and at all subsequent elections in each of said townships for the election of township officers, the Judge, inspectors and clerk, elected at the next preceding township election, shall be the officers; and if absent others shall be chosen in their stead, in the same manner as vacancies are supplied by law at the annual election.

Section XIII. And be it enacted. That the Judges, inspectors and clerks, for holding any annual or special township election, shall severally be entitled to the sum of one Dollar and fifty cents per day for their services, to be paid for by the township committee of each of the townships created by this act-

Section XIV. And be it enacted. That the poll shall open at ten o'clock in the forenoon and close at four o'clock in the afternoon. At the place appointed for holding the annual town meetings in each of the said townships; and all persons who by law are or may be qualified to vote at town meetings, shall be entitled to vote at such election; and after the poll shall be closed the ballots shall be forthwith canvassed, and a return thereof made by the officers conducting such election, to the Clerk of each of the townships, for the current year, to be by them recorded and filed; and that the officers conducting any township election shall not be disqualified from being elected to or holding any township office.

Section XV. And be it enacted. That this act shall take effect on the second Monday of April next and not before. 

In Council
February 8th 1843
This bill having been
three times read in
Council
Resolved
That the same do pass
By order of 
Council-
Wm Westwood V. Presd.

House of Assembly
February 10th 1843
This bill having been
three times read and 
compared in the House
of Assembly. Resolved
That the same do pass
By order of
The House of Assembly
Sam. B. Halsey Speaker

Assembly No. 52-
An Act to divided the township
of Bergen, in the County
of Hudson

Now if you made it this far you can consider yourself an expert in 1840s township creation. That said the Township of North Bergen was created on February 10th 1843 in thanks to this document. However, the township was not incorporated until April, as per the directions of Section VII. Today North Bergeners should pride themselves on begin the last remaining part of Bergen Township, one of the first townships in the new world, explored in the 1620s and thriving series of communities by 1661. A name derived from the Dutch word for the cliffs we sit upon. A area that saw a Revolutionary War battle, sent men off to fight the Civil War, flourished during industrialization and has been home to countless waves of immigrants from the early settlers to those who call North Bergen home today. A rich history since 1843 with so much more on the horizon.

Special thanks to the staff at the New Jersey State Archives.

Sources:

Douglass, L. F, and Sherman & Smith. Topographical map of Jersey City, Hoboken, and the adjacent country: describing minutely the courses of rivers and brooks, the township and original patent lines, railways, turnpike, carriage and bridle roads, the present farm boundaries with the names of their proprietors: a correct plan of public grounds and gentlemen's country seats, the position of farm houses, forests, swamps, and marshes, showing a complete view of the face of the country. [Jersey City N.J.: Published by the Author, 1841] Map. Retrieved from the Library of Congress, .


Michaux André, et al. André Michaux in North America: Journals and Letters, 1785-1797. The University of Alabama Press, 2020


 Richard Lezin (March 31, 2002). "Secaucus Journal; Humbled Mountain Offers a Mine of History, and Prehistory". The New York Times. Retrieved January 12, 2014.

Passantino, Joseph (October 20, 2013). "Creepy history of Snake Hill". The Union City Reporter. pp. 1 and 9.

Shaw, W. H. (1884). History of Essex and Hudson Counties, New Jersey. Philadelphia: Everts & Peck.


Comments

Popular Posts