USA > New Jersey > A civil and political history of New Jersey: embracing a compendious history of the state, from its early discover and settlement by Europeans, brought down to the present time > Part 33
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THE FRENCH WAR.
officers of government were left for nearly three years without any compensation. Governor Belcher at length dissolved the Assembly. The new House, which met in May, 1751, was de- sirous to remove the difficulty. A new bill was formed, in which lands were classified with a view to their quality, and all- that could with any propriety and justice be deemed profitable, were made liable to taxation, at a rate depending on their class.
Among the occurrences of this period of Governor Belcher's administration, the erection of two new counties may be noticed. One was established by an act passed on the 19th of January, 1747. It was taken from the southern portion of Salem county, and was called Cumberland.19 The choice of members to the Assembly was suspended until the pleasure of the King should be known, the freeholders continuing to vote with Salem. The other was established by an act passed on the 8th of June, 1753. It was taken from Morris county, and was called Sussex. As in similar cases, the right of electing members to the General As- sembly was withheld for the time.
The treaty of Aix la Chapelle, already noticed, had been formed upon such a basis that it could scarcely prove to be permanent. Nearly all the former differences continued to exist, and no change whatever was made in relation to the American claims of the con- tracting powers. France asserted a right on the north, to all Canada, which country had been erected into a province called New France, at the head of which was a Governor, appointed by the King. On the south, the same nation advanced a claim to an immense region which had also been erected into a province called Louisiana.20 They also claimed to have traced the Ohio River, and this stream they represented as the natural communication between their provinces on the north and south, and the whole of the country watered by this stream, as well as other streams falling into the Mississippi, was claimed by them. Great Britain on the contrary, claimed as far north as the St. Lawrence, and
" The name was given by Governor Belcher, in honor of the Duke of Cum- berland.
" The original claim of France to Canada was founded on the discoveries of Cartier. The title to Louisiana was founded on the discovery of the River Mississippi, by De la Salle in 1683.
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the great lakes, and from the Atlantic to the Pacific. To maintain their pretenisons, the French had projected a vast line of forts ; and posts were already established upon the lakes, and one on the River Le Bœuff, not far from the Ohio. In their advances, they either treated with, or attacked and subdued the native tribes who were in alliance with the English, and threats or remonstrances were sent to arrest the progress of an American company who were attempting to establish a settlement.21 These movements could not but excite attention, and Governor Dinwiddie, of Virginia, resolved upon despatching a messenger for the purpose of learning the designs of the French, and to convey a declaration of the English claim to the country. This messenger was George Washington. He left the frontier with a number of attendants in November, 1753. After a long and hazardous journey, he ' reached the post on the Le Bœuff, and was received with civility by St. Peirre, the Commandant. To the request from the Go- vernor of Virginia, that he would leave the country belonging to the English, the Frenchman only replied, that he was there by orders from the Marquis du Quesne, the Governor of Canada, whose directions he should obey, and to whom all further ques- tions concerning a right to the country, were referred. This answer, together with other information he had acquired, was re- ported by Washington. The British Ministry were apprised of the movements of the French, and a representation upon the sub- ject was made to the Court of Versailles. But the professions of that court, and the directions that were given to the Governor of Canada, to refrain from any aggression, were perhaps but designed to amuse, as the same course of proceeding was afterwards con- tinued; and the English Ministry, foreseeing the issue, gave in- structions and authority to the Colonial Governors to resist and repel encroachments. Measures were also taken to secure the fidelity and aid of the six nations of Indians who were in alliance'
2 In 1750, a number of persons, mostly from Virginia, of whom Lawrence Washington was one, procured an act of ... British Parliament, constituting them into a body under the name of the Ohio Company, and granting to them six hundred thousand acres of land on, or near the Ohio River. They caused the land to be surveyed, and opened a trade with the natives, and were making preparations for a settlement at the time of the advance of the French.
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.` with the English, and under their protection. In September, 1753, instructions were sent by the board of trade to the Governor of New York, to hold a meeting and treat with the six nations; to hear and redress their complaints, and to gratify their wishes in other particulars ; and instructions were transmitted to the other colonies to send commissioners to this meeting, and to unite with New . York, in order that all the provinces might be comprised in one general treaty, to be concluded in his Majesty's name. The in- structions of liis Majesty were placed before the Assembly of New Jersey in April, 1754. But New Jersey had not been di- rectly concerned in the Indian trade, or a party in Indian treaties ; and the Assembly declined a direct concurrence in the contem- plated measure. But they expressed a willingness to contribute their assistance, and to join with other colonies in resisting the en- croachments of the French. This decision was adhered to, not- withstanding urgent representations from the Governor to induce a compliance with his Majesty's directions. In consequence, New Jersey was not represented in the meeting of colonies. The commissioners appointed in other colonies convened in June, 1754, at Albany, in the province of New York.22 The treaty with the Indians being concluded, another object was presented to notice. A communication had been received from the Earl of Holderness, the English Secretary of State, recommending that there should be formed at this meeting, a general plan of union among the colonies, for mutual aid and defence. The commis- sioners were sensible of the importance of the object; they per- ceived that effectual resistance against the designs of the French could only be made by means of a general combination. They therefore resolved "that an union of the colonies was absolutely necessary for their preservation." . Of the several plans of union that were presented to the body, that proposed by Dr. Franklin, 'of the Pennsylvania delegation, was preferred, and was, as to its principal features, finally adopted.23 This scheme was agreed to
2 There were Commissioners from Massachusetts, New Hampshire, Rhode Island, Connecticut, New York, Pennsylvania, and Maryland.
Pitkin's United States, vol. 1, p. 142.
"This plan provided, that with the assent of the Parliament, a general go-
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by all the commissioners except those from Connecticut; they re- fused their assent on account of the extensive powers that were given to the President General. Copies of the plan were trans- mitted to the King, and to each of the colonies. But it was re- jected both in England and in America; in the former, because it
vernment should be formed in America, embracing the whole of the colonies; but that under this general government each separate colony should retain its own constitution, excepting only such changes as might be rendered necessary in the new relation. The general government was to be administered by a President General, to be appointed by the Crown, and a Grand Council chosen by the Representatives of the people in the Colonial Assemblies. The members chosen from any of the colonics not to be less than two, or more than seven. In the first apportionment, Massachusetts was to have seven, New Hampshire two, Connecticut five, Rhode Island two, New York four, New Jersey three, Penn- sylvania six, Maryland four, Virginia seven, North Carolina four, and South Carolina four. Afterwards, the members were to be apportioned according to the monies paid into the general treasury by each colony. The Grand Council were to meet once every year, or oftener, if called by the President General, with the consent of seven of the members. The President General was to have a negative on all laws, and to superintend the execution of the laws. The President General and Grand Council were to have the regulation of all affairs with the Indians, to direct in making new settlements on lands purchased of the Indians, if not within the bounds of particular colonies, (or not within their bounds when some of them should be reduced to more convenient dimensions,) and to make laws for the government of such settlements. The President and Grand Council were to have power to raise and maintain a military force, build ships and forts, equip vessels to guard the coasts, and protect the trade on the ocean, lakes, or great rivers, but no men were to be impressed in any colony, without the consent of the Legislature thereof. For the purposes above mentioned, the President and Council were to have power to make laws, lay and levy such general duties, imposts, or taxes, as should appear most equal and just; to ap- point a Treasurer General, and a particular Treasurer in each government, but no money to be drawn but by the joint order of the President and Council. Twenty-five members, being one or more from cach of the colonies, should form a quorum of the Council. The laws that should be enacted were not to be repugnant to the laws of England, and must be transmitted to the King for his approval, and if not disapproved within three years, were to remain in force. On the death of the President General, the Speaker of the Grand Council, for the time being, should succeed to the office until the pleasure of the King should be known. All military and naval officers to be nominated by the President and approved by the Council, all civil officers to be nominated by the Council and approved by the President, and in case of vacancy by death or removal of
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left too much power with the colonists, in the latter, because it gave too much to the Crown. By the Assembly of New Jersey it was immediately rejected, and the House transmitted instruc- tions to the agent of the colony in England, to oppose all en- deavours for its ratification there. The plan was regarded by the House as likely to be injurious to all parties, "that it might be prejudicial to the prerogative of the Crown and to the liberties of the people."
After the rejection in England of the American plan of union, a different one was proposed by the British Ministry. But if this scheme was free from some of the objections which had caused the former one to be rejected in the colonies, it contained others still more opposed to popular rights. It provided that the Gover- nors of all the colonies, with one or more of their Council, should assemble and devise measures for the common defence; that they should erect forts where they should think proper, and give orders for raising such forces as might be deemed necessary; and have power to draw on the treasury of Great Britain for the sums re- quired for these purposes, the whole amount to be afterwards re- imbursed by a tax laid on the colonists by act of Parliament. The Ministerial project was communicated to several of the Col- onial Governors, but it met with no favor, and was dropped with- out the formalities of a distinct rejection. 24 During this period
any officer, civil or military, the Governor of the province in which the vacancy happened, to appoint a successor until the pleasure of the President and Council should be known. In particular emergencies, each colony might act in its own defence, and the expense incurred thereby should be paid by the general go- verninent if judged to be just and reasonable.
24 The Ministerial plan received particular attention from Governor Shirley, of Massachusetts, who is supposed to have regarded it with favor. But it was communicated by him in December, 1754, to Dr. Franklin, who was then at Boston, for his opinion. A long and most able reply was given by Franklin ; he presented the objections against such a scheme with the greatest clearness and force; he stated, amongst other reasons, that it was supposed to be the un- doubted right of Englishmen not to be taxed but by their own consent given through their Representatives; and the compelling the colonists to pay money without their consent, would be rather like raising contributions in an enemy's country, than taxing Englishmen for a public benefit. If Franklin had some- · what misapprehended the views of his countrymen in framing the Albany plan,
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the French had continued their attempts to establish themselves in the country upon the Ohio, and a strong work was erected at the junction of the Allegany and Monongehala Rivers. It was per- ceived by the colonists that their claims to the country must either be abandoned, or that resistance must be made. The latter was re- sorted to, under the general authority that had been given by the English King, to oppose and repel encroachments. Accordingly, a company of men was raised in Virginia, and in April, 1754, they advanced under the command of Lieutenant Colonel Washington, towards the posts of the French. Hostilities soon ensued; and the war thus commenced, was continued from that period. Yet an actual declaration of war was not made for nearly two years later ; and hence this has been called the war of 1756. In the long con- test that followed, the American colonies bore a full share. In times of peace, the several colonial establishments -were carried on by means of regulations made by the respective governments ; but the general direction of warlike operations being assumed by the Crown, requisitions for men and money were made upon the colonies, and apportioned among them according to population and wealth. The requisitions at this time made, were mostly cheerfully met. The Assembly of New Jersey, as well indeed as other similar bodies, continued to maintain their privileges ; they claimed the right to exercise discretion, and in some instances this discretion was followed, yet no disposition was manifested to escape from reasonable demands.
For a period after the commencement of the war, disaster at- tended the British arms. Braddock failed and fell on the Ohio; Shirley, after a tedious and painful advance, effected nothing on the Niagara ; and the partial and unimproved success of Johnson in the vicinity of Crown Point, was insufficient to dispel the general gloom. In many of the colonies the greatest distress was experienced, not only on account of the exertions and deprivations
he succeeded in perceiving and explaining their .opinions in his notice of the Ministerial scheme. Yet Franklin seems to have retained a partiality for his first work, and afterwards said, "that the different and contrary reasons of dis- like to my plan, make me suspect that it was really the true medium, and I am still of opinion it would have been happy for both sides, if it had been adopted." Memoirs, part 2.
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THE FRENCH WAR.
incident to the state of affairs, but from the frequent incursions of the French and their savage confederates. The latter, encouraged by the successes of the French, had broken from their English connexions, and now swept over the country, and committed the most atrocious depredations and cruelties. But at length, under the vigorous administration of the celebrated Pitt, an entire altera- tion took place. The British arms became triumphant, and after the battle on the plains of Abraham, in September, 1759, and the consequent surrender of Quebec, the power of France in America was nearly prostrated. Negotiations for peace soon followed, but these not being successful, a "family compact" was entered into between France and Spain, to oppose the growing pretensions and power of the English.23 The union of these powers was a means of prolonging the contest for a time. This indeed had been foreseen by Pitt, and he had urged upon the Cabinet the necessity of forestalling the effect, by an early attack upon Spain. But a new King of narrow capacity and a determined temper, had come to the throne, and a portion of the Cabinet were jealous of the power and influence which the principal Minister had held and wielded.26 Pitt was overruled, and he, resolving not to be responsible for movements he could no longer direct, resigned his employments and place. But a powerful impulse had been given to the course of affairs, and the new Minister had sufficient wisdoni to follow in the track that had already been opened, and Great Britain, by the aid of her colonies, rose superior to the united power of the Bourbons. In 1762, Havanna, the capital of Cuba, and the strong hold of Spanish America, surrendered to the English, and other places of strength were also reduced. These continued suc- cesses gave rise to dispositions favourable to peace. France and
25 In this agreement between France and Spain, which was concluded on the 15th of August, 1761. it was declared that the two Crowns would consider as their common enemy every power that should become such to either, and that whoever attacked one Crown, attacked also the other. It was also agreed that when they should terminate by peace, the war they had supported in common, they would balance the advantages that one might have gained, against the losses of the other.
" Upon the death of George the Second, in October, 1760, George the Third ascended the Throne.
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THE FRENCH WAR.
Spain were dispirited, and England was less desirous of farther con- quest, than for relief from the embarrassments caused by the debts incurred in the war. Preliminaries for a treaty of peace were agreed to, and signed on the 3d of November, 1762, and the articles were finally ratified and confirmed at Paris in February, 1763 .-
By this treaty, Nova Scotia, Canada, and all their dependencies were ceded to Great Britain, and a line was agreed upon between the dominions of his Britanic Majesty, and those of his most Christian Majesty, drawn along the middle of the River Missis- sippi, from its source, to the River Iberville, and from thence by a line drawn along the middle of the River and the Lakes Maure- pas and Pontchartrain, to the sea; and his most Christian Majesty ceded in full right and guarantied to his Britanic Majesty the river and port of Mobile, and every thing he possessed or ought to possess, on the left side of the River Mississippi, except the town of New Orleans and the island on which it is situated, which were reserved to France. To secure the restoration of Havanna, the King of Spain was obliged to yield to Great Britain, Florida, St. Augustine, the Bay of Pensacola, and all her possessions to the east and south-east of the Mississippi. To compensate Spain for the loss of Florida, and thus to "balance" advantages and losses, France, by a secret article, ceded Louisiana to his most Catholic Majesty.
.The design of France to confine the English colonists to a narrow strip of coast, or perhaps to subjugate them entirely, was thus completely defeated. The entire command of the country to the east of the Mississippi, was secured by the English, and Canada was added to their possessions. But these advantages had not been easily or cheaply obtained. There had been a great expenditure of treasure and of life. The colonists had generally kept in the field a force of twenty thousand men, and had contributed more than three millions of pounds.27 New Jersey had raised at different periods, near three hundred thousand pounds, and for a great part of the time had maintained a force of one thousand men, beside particular bodies for special services.
27 Of this sum the British Parliament reimbursed at different times, one mil- lion of pounds.
360
CHANGES OF GOVERNORS.
Several changes had occurred during this period in the govern- ment of New Jersey. At the death of Governor Belcher, which occurred in August, 1757, the administration again devolved upon John Reading, who continued in office until he was superseded, in June, 1758, by the arrival of Francis Bernard, Esq.28 Governor Bernard performed important services in effecting a pacification with the Indian tribes. In 1760, he was transferred to the govern- ment of Massachusetts, and was succeeded by Thomas Boone, who, in about one year, was also transferred, being removed to South Carolina. Josiah Hardy, Esq., was the next in succession ; his period of service was likewise but brief; being appointed soon afterwards to the Consulate at Cadiz. In September, 1762, a commission was given to William Franklin, Esq. He was the son of Dr. Benjamin Franklin. He had served as a captain in the late war, and afterwards had accompanied his father to Eng- land. He owed his appointment to the influence of Lord Bute.29
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2 President Reading at first refused to enter upon office, on account of his age and infirmities, which he said rendered "the administration too burdensome for me cheerfully to undertake." But he finally consented.
" The appointment of Franklin as Governor, was the cause of some surprise at the time, his fitness for the place being strongly questioned.
See Life of Lord Sterling, p. 69.
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- CHAPTER XVIII.
OPINIONS RELATING TO THE RIGHTS OF THE COLONIES .- PASSAGE OF THE STAMP ACT .- OPPOSITION TO THE STAMP ACT .- THE REPEAL.
THE long contest that had been carried on by England and her American colonies against a common enemy, had served, for the time, to bring them into closer union, both of interest and of feeling. The sympathies that arose from a common extraction, had been strengthened by a participation in danger, and afterwards in triumph. The Assembly of New Jersey declared, at the conclu- sion of the war, that "ages to come will rejoice in the happy event, and we trust the recompence to our mother country will prove unfailing returns of wealth and gratitude, in a manner not now easily foreseen." But the concord that had thus arisen was not destined to be of long duration. At an early period differences of opinion began to be manifested as to the relative condition and claims of the countries. Such differences indeed had long existed, but no marked occasion had occurred for their general exhibition. The colonial governments had been established at different times and in different modes ; there were provincial, proprietary, and charter governments. In some of these the dependence of the · people. upon the Crown was closer than in others; but whatever might be the particular character of their institutions, the colonists claimed to be entitled to all the privileges which belonged to other subjects of Great Britain. They claimed, that in the new and distant country in which they were placed, they had lost none of the rights and immunities that were enjoyed by residents and native born sub- jects in the ancient realm. The limitations upon authority, which existed and were in force in the mother country, were supposed also to be in force in the provinces. In the maintenance of these claims, important questions arose from time to time for consideration and decision, and among the most important of these, were those relat- 46
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362 OPINIONS RELATING TO THE RIGHTS OF THE COLONIES.
ing to representation and taxation. It was one of the vital prin- ciples of the English constitution, that the people should be free from all taxation, except such as they had assented to, either directly, or by the representatives they had chosen. In the govern- ment of England, representation and taxation were regarded as in- separable. The colonists claimed that this immunity belonged to them as fully as to any other subjects ; that Americans could not be taxed but by their own consent. This claim had been advanced at the earliest periods, and had been constantly maintained.1 They also declared that they were not, and from their local situation could not be represented in the British Parliament, and therefore, that they could not be taxed by that body; that the authority of Parlia- ment in this respect was entirely inoperative in the provinces ; and this doctrine seemed to be supported not only by justice, but also by the general scope of provincial government. There was not, except in one instance, any thing to give color to an exercise of Parliamenta- ry authority in the colonies for the purpose of taxation. The original charter of Pennsylvania contained a provision that the Crown should levy no tax, or custom upon the inhabitants, or their goods, unless by the consent of the proprietary or the Assembly, "or by
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