The New-Jersey gazette — Burlington [N.J.], 1784-03-09 00:00:00, page 1

TO BE SOL D,
By the subscriber, of Monmouth county, in the state
of New-Jersey,
A Valuable trad of pine land, containing two thou
sand fix hundred acres, on which is a good saw
mill and eight tenants ; on some of the tenements is
twenty or thirty acres of meadow, situate the nearest
part about one mile from Horner's-Town, and about
nine miles from Allentown ; the mill is so near the in
habitants that there is generally a market at the mill
for all she can saw.
Allo three hundred acres on the north fide of Toms
river, about half a mile below the bridge, on which
are sixty actes of good salt meadow, and some good
English meadow.
also sixty acres at mufqueto cove, most of it excel
-len* salt meadow.
Also leventy acres of meadow on a branch of Ma
teeteunk river, below a saw-mill lately built by Major
Walton and company.
Also one hundred and twenty acres on the head
branch of Toms river, situate about nine miles from
Allentown, on which is a large quantity of paint, al
lowed by the painters to be as good as any Spanish
blown whatever.
Also eighty acres of upland, joining to Mr. Abra
ham Anderson's and Mr. William 1 aylor's, about ten
miles from Allentown, joining the road to Middle
town-point.
Also eighty acres of land lying to the southward
of the place generally called Smith's place, fifteen
acres of which is where has been an old saw-mill
pond ; good meadow.
Also one hundred and fifty acres of good pine land,
on the main road to Toms river, generally called the
half UIUUM.
Also forty-fix acres of meadow and upland, above
the road that crofles the Indian run by John Imlay's.
Allo one half of the Union mill lot, whereon is an
extraordinary place to rebuild a saw-mill.
Also several pieces of cedar swamps.
A good title will be given to the purchasers by
JOHN LAWRENCE.
February 5, 1784. swl[
TO BE SOLD,
A valuable Plantation,
C CONTAINING 114 acres, situated in Amwell town
4 fliip, and county of Hunterdon, two miles and a
half from Benjamin Howell's ferry, and three miles
from the new meeting-house. There are on the pre
mises a good house, with a good ipring at the door,
a good barn, and an excellent bearing orchard :—
There is a quantity of fine watered meadow, and
good timber-land; a never failing stream in every
field. An indisputable title will be given. For terms
apply to the subscriber on the premises.
ABRAHAM HAGEMAN.
February 27, 1784. 4wf
TO BE SOL D,
A Plantation lying in Middlesex county, Rate of
New-Jersey, known b,the name of Saplin Ridge,
gear George's road, and within 200 yards of Van
pelt's mill, containing 235 acres: There are on the
premises a new frame house, a good new English barn,
and a fine young thriving orchard of about 100 trees.
The land is exceeding fertile, and a good deal of mea
dow may be made on it. For terms of sale enquire
of Mrs. Elizabeth Lawrence, in Philadelphia; Samuel
Tucker, Enquire, in Trenton; or of Mr. Robert Arm
ftroug, near the premises.
February 28, 1784.
Near the marktt-houfe in Trenton,
TAKE this method of informing their friends and
the pub'ick, that they intend to leave this Rate
by the 20th of April n< xt. They have on hand an as
sortment of DRY GOODS. Also glass, china,
and earthen-ware—household and kitchen furniture,
waggon and gears, horses, riding chairs, and an excel
lent milch cow; which they will dispose of on the molt
reasonable terms; and, if not fold before the Bth day
of April, they will then be exposed to publick vendue.
March 1, 1784. 4w
NEW-JERSEY GAZETTE.
[Vol. VIL]
Marraquier and Crolius,
TRENTON: Printed by ISAAC COLLIN S, Printer to the State.
TUESDAY, March 9, 1784.
To the Printer of the New-Jersey Gazette
S I R,
M HERE is perhaps not a wiser nor more
a important observation in all Baron Mon
& tefquieu's admirable treatise of the spirit
M of lams, than that nothing is more dan
gerous to the liberties of a free people,
than for the legislative to encroach upon the judicial
department. I his observation of one of the greatest
and most original geniuses which either the present or
any former age has produced, will ever be verified by
experience as often as the attempt is made without
opposition. rind as it is of the last importance to our
selves and our posterity, to preserve inviolate those
inestimable privileges, which, at so great expense of
blood and treasure, we have lately secured, I always
tremble for them, whenever I fee any of our Legisla
tures ered themselves, tho' with the purest intentions,
into courts of justice. That in extraordinary cases,
which could not be forefeen, and consequently not be
provided for by the standing laws of the land, they
Ihould make particular or private ads, is a very ne
cessary and important branch of their authority: But
to be perpetually hearing such causes, and enabling
laws concerning them, as from the nature of things
will constantly occur, and ought therefore to be ge
nerally provided for, leaving the particular applicati
on of them to the known and stated tribunals, is, in
my humble opinion, not only beyond the line of their
proper department, but from the danger of partiality,
and the incompetence of the judges, extremely peri
lous to our liberties. I have never been able to sup
press these apprehensions, tho' I am confident that no
man has a higher opinion of the integrity of our Assem
blies, whenever I have seen them enad particular laws
for the divorce of particular persons. Such laws have
been passed by almost every Legislature of this state,
that has met since the revolution: And that such laws
ought never to be passed, is my design to shew in this
paper.
The parties that have hitherto been divorced by
a& of AfTembly, have all been divorced for the cause
of adultery. But adultery being a fad, and the con
sequences of it, if so adjudged, of the most serious
nature, ought undoubtedly to be clearly proved by
the party complaining against the party accused. But
what fort of a court is our Legislature to afeertain
fads of such inexpressible moment to the accused, and
to the connections of the accused, according to that
legal evidence by which all our courts of law deter
mine facts in matters even of the most trifling conse
quence to the litigants, and according to which every
citizen of this state has an undoubted right to be
judged? In the firft place, they fit both as judge and
jury, but they are not sworn to try the matter in ques
tion according to evidence, to which every juiy is
sworn. In the next place, they do not take an oath
of office to determine according to law, as the judges
of courts do. And lastly, except lawyers and mathe
maticians, there are, comparatively (peaking, but few
men in the world, who really know what evidence is.
We fee daily that the generality of mankind take the
slightest probabilities for convincing proofs ; and even
believe things improbable upon bare report, and that
without so much as enquiring after the character of
the reporter. Before judges therefore, who by their
office are not bound to regulate their proceedings or
determinations by the established rules concerning le
gal evidence; and who, from their education, cannot
be presumed to be acquainted with them, in what a
situation, in the name of absurdity, must a woman be,
whose husband, wantirg to get rid of her, institutes a
complaint of adultery, and especially if he stands fair
with the Legislature, ind happens to have a greater
number of friends amengft them than his wife? What
chance. 1 fay, has the poor woman in a court, that is
neither versed in the rature of judicial evidence, nor
bound by any official rath to determine according to
law? Should the lad,', on the contrary, have a par
ticular interest with tie members who compose this
dangerous judicatory, and especially if her impudicity
be occasioned by one of the leading members, and pro
traded by a greater nimber of them, what chance has
the husband to procure an ad to repudiate a wife of
such interest with her judges,
THE
When we confider the expence accruing to the pub
lick by this excentrick courts raking cognizance of
such causes, we shall find it to be enormous. And
were there no other reason but this, for the palling
an aft to afeertain all the causes of divorce, and to
leave them to be determined by the supreme court,
this alone would be matter of serious consideration to
the citizens of this state. I suppose that rhe trial of
such a cause in one of our courts would not, in gene
ral, cost above ten or fifteen pounds; and if it ihould
c °" "'y'.'be money coming out of the pockets of the
litigants, it would be of little concern to the commu
nity what was expended in the coutroverfy. But the
present mode of procuring divorces costs some hun
dreds, and the whole expense of the hearing is de
frayed by a tax upon the people. For the man whose
wife has, or is supposed to have committed adultery,
applies by petition to the Legislature for an aft to
diilolve the matrimonial contrast between them. The
House, after having notified to the parties the day ap
pointed for the hearing, proceeds to the examination
of witnefles. Ihe hearing is by each branch of the
Legislature separately. Perhaps two or three days
are spent in this humiliating investigation, and that to
the postponing, of business of the greatest importance
to the state. One day's hearing at rhe rate of io£
a member per day, if both houses are full (and full
they ought always to be) is upwards of fifty pounds
for the members alone, exclusive of the wages of their
clerks and other attendant officers. But it frequently
happens that after one or two hearings, and 'before
the decision of the matter, the Assembly is annihi
lated by its own annual limitation. In this case the
fame proceedings are to be resumed de novo and gone
through by the succeeding Legislature, at the like ex
pense to their constituents,and all this to difeover whe
ther a certain woman be a chaste wife or a strumpet
which the courts of law would decide, and legally de
cide, in about fix hours, and often at the trifling° ex pense
of ten or fifteen pounds, and that out of the puries of
the parties themselves, without burdening the people
at large with a farthing of it.
But abftraded from all partiality (which however
is but too natural to presume in felf-ereded courts,
without an oath of office to administer justice impar
ua"y) let review the several a^s that have been
passed on tins fubjeft, and we shall find that after di
vorcing for the incontinency of the wife, they give
equal liberty to both parties to re-marry. That is,
the guilty adultrefs has by pohtive law as good a right
to many again as her innocent husband, who for her
adultery procured the divorce. Was ever a civilized
and enlightened people guilty of so gross an absurdi
ty . Probably the woman committed the crime with
the very man whom sh e admired more than her hus
band for the very purpose of being married to him
after being repudiated, which repudiation she was sure
of effecting by her adultery, and thus certain of ob
taining her paramour, and getting rid of her husband.
Is not this rather rewarding than punishing adultery?
Is it not putting the guilty and the innocent on the
" me ~' n ^; " as " an y tendency to prevent the
commiflion of this atrocious crime, which ought to
be the object of every law enabled against it? What
kind of punishment this to the party offending, who
by such law obtains the very fui ,of her wishes? What
kind of reparation to the party aggrieved, who there
by fees the late partner of his bed in the embraces of
her seducer and his injurer ? 1 will not prescribe any
particular limits to the legislative authority: But £
cannot persuade myfelf that the good people of New-
Jersey ever intended by our constitution to invest their
Legislature with the power of repealing the laws of
Jef us Christ. But our Saviour has expressly forbid
den, in the case of divorce, the offending woman to
marry again, by declaring, that mhofoever /ball mar
ry her committeth adultery. Mat. v. 3 2. And it has
ever been adduced by chriftian Divines as a proof of
the imposture of Mahomet, that the Koran permits
such lacivioufnefs as that of tolerating a repudiated
wife to take another husband. The only reason that
1 have ever heard assigned for this extraordinary coun
terading the positive injunction of the blessed author
of our holy religion, is that unless the woman be'li
cenfed to re-marry, flie would probably continue her
[Numb. 304.]