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 36

Author: Mulford, Issac S
Publication date: 1851
Publisher: Philadelphia, C.A. Brown & Co.
Number of Pages: 1008


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 36


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Parliament again met on the 9th of January, 1770, and soon afterwards Lord North was appointed to the place of First Lord of the Treasury. America was not yet "prostrate," on the con- trary, universal and determined opposition to the measures of Parliament was still maintained. Notwithstanding, on the 5th of March, 1770, a bill was introduced by Lord North himself, for the removal of the duties imposed by the act of 1767, on all the articles excepting tea. 'The amount of revenue derived from the duties had been as nothing compared with the injury done by the interruption of harmony and intercourse. The trading interests of England had been materially affected by the non-importation . agreements of the colonists. The Ministry were willing to remove


" At Newport and Albany importations were continued for a time, except of dutiable articles, but upon urgent representations from other places, especially from Boston, the general system was acceded to. But in New York the exclu- sive system was not generally observed ; articles not dutiable were imported, notwithstanding the agreements previously formed. These delinquencies were strongly censured in New Jersey. At a meeting of the freeholders, merchants, and traders of the county of Essex, it was resolved, that they would not them- selves, or by others, receive, purchase, sell, or otherwise use any articles imported from Great Britain, contrary to the agreement, and that they would not trade nor have any commercial intercourse with persons who should import goods, or cause them to be imported, or with any person who should purchase goods so imported. Pitkin. Gordon, p. 147.


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383


OPPOSITION TO THE NEW TAXES.


the obstructions to trade, but wished to uphold the supremacy of Parliament, and the measures of Lord North were taken accord- ingly. The bill repealing the revenue act, reserving only the duty on tea, was passed on the 12th of April, 1770.


This compromising course was by no means calculated to satisfy the colonists. They had not objected to the number of articles subjected to duty, or the amount obtained; it was the principle to which they were opposed, and this principle was retained. Hence, the partial repeal of the acts was not received in the manner the Ministry probably expected. The colonists considered the reten- tion of the duty on tea as being designed to establish a " precedent against them."11 In regard to the article reserved, the non-im- portation agreements were rigidly observed, and a feeling of merely mitigated distrust was generally prevalent. Nor was this without reason; beside the "precedent against them," other enactments continued in force which bore heavily on the interests, or were irritating to the feelings of the colonists. The "sugar act," which had been in operation prior to the passage of the stamp act, was. yet in existence. The act establishing a Board of Commissioners of the revenue, the mutiny act for quartering soldiers in the colo- nies, and that for suspending legislation in New York, were yet unrepealed, as was also the declaratory act which asserted the supremacy of Parliament in all cases whatever. New causes of uneasiness were soon superadded. The continuance of the soldiery in Boston was a source of constant irritation, and quarrels between the troops and the citizens were of frequent occurrence. At length an actual collision occurred, and the. people were fired on by a party of soldiers, and several persons were killed. This event was felt throughout the whole of the colonies. Massachusetts, already deeply stung by this occurrence, was soon afterwards ag- gravated still farther. Disputes had occurred between the Gover- nor and the Assembly in relation to the tax bill for the support of government, and as neither party would yield, no tax bill was passed. In 1772, information was received that provision had been made by the Crown for supporting the Governor, indepen- dent of the Assembly. No measure since the passage of the stamp


" Virginia Resolves.


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OPPOSITION TO THE NEW TAXES.


act excited more general dissatisfaction than this, and it was solemnly protested against as tending to fasten upon the province a despotic administration of government. Yet it was afterwards extended by granting independent salaries to the Judges of the Superior Court.


The disturbed state of feeling in consequence of these occur- rences, led to frequent meetings of the people, and at a meeting held in Boston, in-November, 1772, a committee of twenty-one persons was appointed to state the rights of the colonies in general, and of their own province in particular, and the committee were authorized to publish the statement to the several towns of the province, "and to the world." . A strong and full statement was accordingly made. In March, 1773, the, Assembly of Virginia, (it may be with the knowledge and in support of the proceedings in Massachusetts,) passed a series of resolutions concerning the measures of Parliament, one of which provided for the appoint- ment. of a committee of correspondence and inquiry, to obtain early and authentic intelligence of such acts and resolutions of Parliament as might relate to America, and to maintain a commu- nication with the sister colonies. This measure was met by cor- responding resolves in most of the colonies. On the 8th of Feb- - ruary, 1774, the Assembly of New Jersey resolved that "a com- mittee of correspondence and inquiry be appointed to obtain the most early and authentic intelligence of all acts and resolutions of the British Parliament, or the proceedings of administration, that may have any relation to, or may effect the liberties and privileges . of his Majesty's subjects in the British colonies in America, and to keep up and maintain a correspondence with our sister colonies respecting these important considerations ; and that they occasion- ally lay their proceedings before the House."12. It was also agreed that the resolution of the House should be transmitted to the As- semblies of the several colonies, and that thanks should be returned to the Assembly of Virginia for their early attention to the liberties of America.


12 The committee appointed were James Kinsey, Stephen Crane, Hendrick Fisher, Samuel Tucker, John Wetherill, Robert Friend Price, John Hinchman, John Mehelm, and Edward Taylor. Votes, vol. 3, p. 122. Gordon, p. 154.


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385


THE TEA DUTY.


Before these measures for gaining information and securing in- tercourse and concert among the colonies were completed, atten- tion was excited to a new proposal of the Ministry. They resolved upon a new attempt to draw a revenue from America by means of the reserved duty on tea. The determination of the colonists had nearly arrested the trade in this article; the amount received was but small, and this was mostly introduced by smuggling, carried on by the French, Dutch, and others. In consequence, large quantities had accumulated in the ware-houses of the East India Company, for which no market could be found, and the affairs of the company were becoming embarrassed.13 Under these circumstances, an expedient was resorted to, which, it was supposed, would be the means of sustaining the company; and at the same time of drawing a revenue from America. In May, 1773, the Minister (Lord North,) brought forward a motion in the House of Commons to allow the East India Company to export such quantities of tea then remaining in their ware-houses, as they should think proper, to British America, duty free. . Accordingly, in June, it was enacted that the whole of the duties payable on teas sold by the company, and exported to the colonies, should be drawn back, in other words, that there should be no export duty paid on the teas sent there. As the export duty had been 12d per pound, and the import duty in America 3d per pound, the article could thus be furnished at a reduction of 9d. per pound in the colonies. It was supposed that this would reconcile the traders and people to the payment of the duty. But the character and views of the colonists were wholly misunderstood, it was not the amount to be drawn, that was considered by them, but the manner in which it would be done. Whatever might be the actual cost of the article, no part could be paid as duty without a sur- render of principle ; without an acknowledgement of the right of Parliament to impose the duty. But it was believed that interest would be stronger than principle, and under this idea the company immediately shipped large quantities of tea to different ports in America, consigned to particular friends, or the friends of the


" Seventeen millions of pounds were said to be remaining in the houses of the company.


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886


THE TEA DUTY RESISTED.


government. But the result was far different from the expectation. The Americans seemed to rise up against the attempt, as by one impulse. Opposition was even made to the landing of the tea ; it was perceived that if once landed, the duty would be paid by the consignees, and it might then be difficult to prevent its- sale and consumption. In Philadelphia, notice was given in advance of the expected arrival of the tea ship, and measures were taken by which the landing of the cargo was effectually prevented. 14. In other cities a similar spirit was shewn. In Charleston the tea


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was landed but was stored and could not be sold, and was finally lost; in New York none was allowed to be sold. In Boston, the landing was opposed, and on the 18th of December,. the tea was taken from the ship, and the whole amounting to three hundred and forty-two chests, was emptied into the sea. In New Jersey no occasion for a particular demonstration of feeling occurred at the time; but, as will presently be seen, a similar spirit prevailed.


The Parliament of England met in January, 1774, and not long afterwards information was received of the transactions that had occurred in America. On the 7th of March, the Premier delivered a message from his Majesty to the House of Commons, inform- ing them, that the most unwarrantable practices had been carried on in America, particularly at the town and port of Boston, the whole of which proceedings he thought proper to lay before Par- liament, confiding in their zeal for the maintenance of his Majesty's authority, and that they would adopt the necessary measures to put an immediate stop to these alarming disorders. The House, in reply, expressed their readiness to comply with the purport of his Majesty's message, and accordingly, on the 14th of March. a bill was introduced to prohibit all commercial intercourse with the town or port of Boston, after the 1st of June following. This bill soon passed both Houses and became a law. Another was prepared "to regulate the administration of justice in the Massa- chusetts Bay;" and on the 20th of May this also was passed. By the former of these, the "port bill," the commerce of Boston was destroyed, and by the latter, the people of the province were


" For a circumstantial account of the proceedings in Philadelphia, see Hazard's Register, vol. 3, p. 370.


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$:37


. THE TEA DUTY RESISTED.


deprived of some of the most important of their charter privileges and rights, The appointment of nearly all the officers belonging to the whole civil establishment was given to the Governor, subject to removal by his Majesty ; and besides the organic changes in the government, the primary action of the people in their common . town meetings, was closely restricted.15 These restraints were &- rectly opposed, not only to the charter rights of the colonists. Gut also to the common privileges of the subject, and hence were strong- ly opposed by Barre, Burke and others of the House of Commons, and by several noblemen in the House of Lords. 16 But the 3 .. l was passed by decided majorities, and General Gage was appointed Governor to carry out the acts. The Ministry no doubt sup- posed that these decisive measures would lead to immediate sc3- mission, but this was far from being the case. . Almost as soon as the port bill was received, a meeting of the citizens of Boston was held to consider the same, and it was then resolved, that -he impolicy, injustice, inhumanity, and cruelty of the act exceed al their power of expression," and therefore they said " we leave it to the censure of others, and appeal to God and the World." :: But they declared their opinion, that if the other colonies would agree to stop all importations from, and exportations to Great Britain, and the West Indies, until the act. was repealed, it might prove the salvation of the colonies. These resolutions with the act itself were soon circulated throughout the colonies, and as the opposition to the tea scheme had been general, all were ready to make common cause. with the principal sufferer. This dispo- sition was manifested not only in expressions of sympathy, 5.as also by almost unanimous declarations in favor of a meeting of the colonies.


13 Town meetings were declared illegal, unless held by the special assent of the Governor, given in writing, expressing the special object of the meeting. except the annual meetings for the choice of certain officers, and at these uneet- ings no other matter should be treated of except the election of such officers, and nothing at any other meeting, except the business expressed in the kuve given by the Governor.


16 It was during this discussion that Burke delivered his celebrated speech on American taxation. Sie Chapman's Speeches, p. 29.


" Pitkin, vol. 1, p. 170.


388


CONGRESS OF THE COLONIES ...


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The first of June, the day upon which the "port bill". was to go into operation, was observed in many places, in accordance with a recommendation from Virginia, as a day of mourning. On that- day the committee of correspondence that had been appointed in New Jersey by the House of Assembly, replied to the communication that had been received from Massachusetts ; they expressed their sympathy with the people of Boston, and condemned in strong terms the course of the Ministry. ' Soon after- wards public meetings were called in different places thoughout the province. The first of these took place on the - 6th of June, at Lower Freehold. 's On the 11th of the same month a meeting of the citizens was held at Newark, in the county . of .Essex, by which a circular was directed to be sent to the other counties of the province."> In this circular the late oppressive measures of Parliament in relation to the colony of Massachusetts were noticed, and it was set forth that as the neighboring colonies were preparing for a general meeting, and as the" Assembly was not likely to be in session in time to answer the end proposed, it was proper and important that meetings should be held in the counties to appoint committees to meet together and take mea- . sures for acting with the other colonies. New Brunswick was pro- posed as a proper place for the meeting of the committees, and the 21st of July next ensuing as the time. Similar move- ments preparatory to a General Congress were taken in nearly all the colonies, and it was proposed that the Congress should meet at Philadelphia, on the Ist of the succeeding September. The mode of .choosing delegates to the Congress differed in the several colonies ; in some, they were chosen by the Assembly, in some they were appointed by the committees of correspondence; acting by authority from the Assembly, and in others they were chosen by committees, which committees had been elected direct- ly by the people. The lanter mode . was pursued in New Jersey though it was probably adopted at the time rather from necessity than preference ; the Governor, though earnestly requested, refused to convene the Assembly, and hence the object could only


Proceedings of New Jersey Historical Society, vol. 1, no. 4 ...


19.See this circular in proceedings of N. J. Historical Society, vol. 1, p. 186.


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CONGRESS OF THE COLONIES.


be reached by the immediate action of the people themselves. In compliance with the recommendations in the circular from Essex, the people assembled at their respective county towns and appointed committees to meet at New Brunswick for the purpose of choosing delegates to the General Congress. . The county committees thus chosen met at the appointed place on the 21st of July, 1774. Seventy-two persons were in attendance. . Stephen Crane was chosen Chairman; and Jonathan D. Sergeant, Clerk .. Resolutions were passed expressing the sense of the meeting, in reference to the proceedings of Parliament, and a general committee of correspondence was appointed.20 James Kinsey, William Livingston, John De Hart, Stephen Crane, and Richard Smith, were chosen to represent the colony in the General . Congress, and suitable credentials were given them.21


On the 5th of September, 1774, the General Congress met at Philadelphia. Delegates were present from eleven of the colonies, and on the 14th those from North Carolina appeared.22 Peyton Randolph, one of the delegates from Virginia, was chosen Presi- · dent, and Charles Thomson, a citizen of Philadelphia, was ap- pointed Secretary. Rules for directing the preceedings were at once adopted. A body was thus organized, acting directly by 1


» This committee consisted of William Peartree Smith, John Chetwood, Isaac Ogden, Joseph Borden, Robert Field, Isaac Pierson, Isaac Smith, Samuel Tucker, Abrahami Hunt, and Hendrick Fisher. . Gordon, p. 157.


21 " To James Kinsey, William Livingston, John De Hart, Stephen Crane, and Richard Sinith, Evirs,, euch and crery of you. .


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"The committees appointed by the several counties of the colony of New Jersey, to nominate deputies to represent the same in General Congress of deputies from the other colonies in America, convened at New Brunswick, have nominated and appointed you, and do hereby nominate and appoint you, and each of you, deputies to represent the colony of New Jersey in the said General Congress. In testimony whereof, the chairmen of the said several committees . here met, have hereunto set their hands this 23d of July, in the 14th year of the reign of our Sovereign Lord King George the Third, and in the year of our Lord 1774. Signed, William P. Smith. Jacob Ford, John Moores, Robert Johnson, Robert Field, Robert Friend Price, Peter Zabriskie, Samuel Tucker, Edward Taylor, Hendrick Fisher, Archibald Stewart, Thomas Anderson, Abia Brown, Mark Thompson." Griffith's Notes, p. 103.


- Georgia was not represented.


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390


CONGRESS OF THE COLONIES.


the consent, and on behalf, of the people of the colonies. . The Congress adopted a general declaration of rights, agreeing mainly with that of the Congress of 1765. The several acts of Par- liament which were considered oppressive, were recited, to which it was said " America cannot submit." They agreed upon peti- tions to the people of England, to the King, and to the neighboring English colonies, and these addresses were marked by a high de- gree of wisdom and force. They adopted and signed, on behalf of themselves and their constituents, certain articles of association containing an agreement of non-importation, non-exportation and non-consumption. They agreed to resolutions of sympathy with * the people of Boston, and approval of the fortitude that had been . shewn in their resistance to the threatening measures of Parlia- ment, and declared, that if attempts should be made to carry the . same into execution by force, all America ought to join in the opposition. They further recommended that contributions should be made for the relief of the people of Boston whilst its com- merce was suspended, and resolved that another Congress. should be held at the same place on the 10th of May succeeding, unless redress should first be obtained. After a session of fifty- one days the Congress dissolved.23 Their proceedings were such as to command attention, and inspire respect. Lord Chatham declared that though he had studied and admired the free states of antiquity, yet " for solidity of reasoning, force of sagacity, and wisdom of conclusion, no body of men could stand in preference to this Congress."


The recommendations of Congress in regard to contributions - in aid of the people of Boston were complied with, or perhaps were partly anticipated in New Jersey. Assistance was sent them from different parts of the country.24 The " sympathy"


22 Story's Commentaries, Griffith's Notes, Pitkin's History. In the two latter the proceedings are given in detail.


" The people of Monmouth sent their "present" and wrote. to their brethren of Boston "not to give up, and if they should want a further supply of bread, to let them know." The people of Elizabethtown (July 28th, 1774,) addressed the committee of correspondence in Boston. They said "the arbitrary and cruel oppression under which your metropolis now labours from the suspension of commerce, must inevitably reduce multitudes to inexpressible difficulties and


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PROCEEDINGS OF CONGRESS APPROVED IN NEW JERSEY. 391


between the people of Boston and those of New Jersey was also shewn in a different mode. The temper exhibited by the former in destroying the tea, seems to have been emulated by the latter. On the 16th of November a vessel with a cargo of tea (probably a portion that had been withdrawn from other places) was sent into the Cohansey and landed at Greenwich. The scene at Boston was here re-enacted, though in a manner some- what different ; the whole quantity of tea was seized, carried to an open place, and there burnt to ashes.25


Early in January, 1775, the General Assembly convened. The proceedings that had taken place in the province had met with no support or approval from Governor Franklin. On the con- trary, he had done all in his.power to impede them. . As already noticed, he had refused to summon the Assembly at a former period according to the request and petition of the people. In his Excellency's address to the House he declared, that he felt him- self bound in duty to notice the late alarming transactions in this and the neighboring provinces, and to endeavor to prevent the mischief that might ensue. He condemned especially the inde- pendent course of action that had been pursued in the measures leading to the appointment of delegates to the Congress, and in the proceedings of that body. " It is not for me," he said, " to decide the particular merits of the dispute between Great Britain and the colonies, nor do I mean to censure those who conceive - themselves aggrieved, for aiming at redress. All I would wish to guard you against is the giving countenance to that destructive mode of proceeding which had been adopted, in part by some of the people of this colony, and, carried so far in others as totally to subvert their former constitution." "You cannot," he said, " without a manifest breach of your trust, suffer any body of men in this or the other provinces, to usurp and exercise any of the powers vested in you by the constitution. It behooves you to


distress." They requested to be advised in what way they could most acceptably contribute to their necessities, whether by money or articles of provision, or any other necessaries, and that such remittances should be made as soon as an answer was received. In Salem, the sum of 6147 was sent by "the comunittee for the distressed and suffering poor of Boston."


25 Johnson's Salem, p. 123. -


392 PROCEEDINGS OF CONGRESS APPROVED IN NEW JERSEY.


be extremely cautious in consenting to any act whereby you may engage the .people as parties, and involve them in difficulties far greater than those they aim to avoid. Nor is there the least. ne- cessity, and therefore not the least excuse, for running such risks. If you are disposed to represent to the King any inconveniences you may think to exist, I can assure you that such representa- tions will be properly attended to, and certainly will have a greater weight coming from each colony in their separate capa- city, than through a channel the legality of which there may be reason to doubt." The Governor was evidently desirous to. pre- vent a confirmation by the Assembly, of the acts of the General Congress. But his endeavors were fruitless. A few days after- wards, (January 24th.) the delegates to Congress made their report to the House, laying the whole proceedings before them. The report, with the proceedings, were unanimously approved, only that such as were Quakers excepted to those parts which wore the appearance, or might have a tendency to force, as being inconsistent with their religious principles. The Assembly also resolved that the same persons should be the representatives of the colony in the future Congress, and report their proceedings at the next meeting of the House. The representatives were instructed to agree to every reasonable and constitutional measure for the removal of the differences between the mother, country and her colonies. They were also directed not to agree to any measure intended to give some of the colonies greater weight in voting, than the others, except. with the condition that a vote so taken should not be binding upon any colony without the assent of its delegates .- 6




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