David Ogden was born in Newark, New Jersey, the son of Josiah Ogden, chief founder of Trinity Episcopal Church at Newark, and his first wife, Catharine Hardenbroeck. He was descended from John Ogden who emigrated to Long Island from Hampshire, England, in 1640, and in 1664 settled in Elizabethtown, New Jersey.
In 1728, ranking second in his class, David Ogden was graduated from Yale College. He also read law in New York City.
David Ogden practised law in Newark, where he soon exhibited distinguished ability and independence. From 1744 until 1750 he was prominent with James Alexander and Robert Hunter Morris, in matters of proprietary titles, which had caused various riots in three counties of the state. The rioters claimed title from the Indians and ejectment suits and various indictments followed. By 1751, when he was appointed one of His Majesty's Council for the Province of New Jersey, he was considered "at the head of the Bar in his native State. " For a period of twenty-four years he served with great acceptability as a member of the Council, most of the time at the head of it. In the dispute in 1760 between Robert Hunter Morris and Nathaniel Jones, as to which one was entitled to be chief justice, he was the main counsel for Morris, whose cause succeeded. In 1761 he was one of several commissioners to try the cases of pirates. By 1764, in which year he was made sergeant-at-law, the threats of an American Stamp Act made him suggest a meeting of the colonies to see if the act could be averted. To the Congress which met in New York City November 28, 1765, he went as a delegate from New Jersey. He disagreed wholly with the measures there taken and withdrew from the deliberations. In 1770, owing to the feeling against him because of his leanings toward the English Crown, his stables and out-buildings were burned. Until 1772 Ogden had practised law both in New Jersey and in New York City and was counsel for the East Jersey Proprietors, besides acting as a member of Council. But in that year, on May 18, he was appointed associate justice of the New Jersey supreme court and went upon the bench as the second justice in that court. He acted in this capacity until deprived of the office in 1776.
On January 5, 1777, although no warrant had been issued against him, Ogden feared arrest and made his escape with two sons to New York City. The next day a regiment of Continental troops went to his house in Newark and plundered it of most of his valuable effects. In June 1778 the remainder of his personal property and most of his real estate, consisting of twenty-three pieces of property in Newark and other parts of the state, were confiscated and sold for the benefit of the state. He valued these possessions at £15, 231 sterling; his aggregate losses totaled £18, 528 sterling. While in New York City he became a member of the Board of Refugees and devised a plan of government for such time as the American colonies should submit to Great Britain; a time, he said, "certain and soon to happen. " In November 1783, the war being over, he sailed with his son Peter for England, where he asked for compensation for his loss of property and salary, printing a pamphlet stating his claims. He also acted as agent for other Loyalists seeking remuneration for losses. The British government awarded him £9, 415 for property and salary losses, and because of his previous distinguished position, gave him a pension of £200 per year. On returning from England in 1790 he settled at Whitestone, Long Island. He died at Whitestone between May 19, 1798, the date of his will, and August 6 of that year, when it was probated.
David Ogden was a member of the New Jersey Bar, His Majesty's Council for the Province of New Jersey, and the Board of Refugees.
David Ogden was married to Gertrude Gouverneur, daughter of Isaac Gouverneur and Sarah Staats. His wife had died in 1775 in Newark. They had eleven children. Their son, Isaac, lawyer and Loyalist, after serving as clerk of the New Jersey supreme court, went to Canada and gained distinction there as a judge of the Court of Queen's Bench. Nicholas, also Loyalist, obtained a lucrative office in Nova Scotia. Abraham adhered to the American cause and became the first appointed United States attorney for New Jersey. Samuel, also a patriot, removed to Pennsylvania, where he became active in the politics of the state. His daughter Sarah married Nicholas Hoffman of New York City and was the mother of Josiah Ogden Hoffman.
He was a chief founder of Trinity Episcopal Church at Newark.
He was a lawyer and Loyalist, after serving as clerk of the New Jersey supreme court, went to Canada and gained distinction there as a judge of the Court of Queen's Bench.
He removed to Pennsylvania, where became active in the politics of the state.
He became the first appointed United States attorney for New Jersey.
He was a Loyalist, who obtained a lucrative office in Nova Scotia.
She married Nicholas Hoffman of New York City and was the mother of Josiah Ogden Hoffman.
