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 37
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Besides these acts of the Assembly they replied to the Gov- ernor's address. They mentioned, that if, in accordance with the petitions that had been offered to his Excellency, an earlier opportunity for the transaction of the business of the province had been given, some of the " alarming transactions" which were said to have occurred, might possibly have been prevented. They said that no arguments were necessary to induce them to
" In the Congress, each colony had been allowed one vote, but attempts had been made to give a greater number to the larger States.
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guard the interests and welfare of the people; that the interests of their constituents were inseperable from their own, and that they should assent to no measures destructive to their welfare ; that they professed to be loyal subjects of the King, from whose goodness they hoped to be relieved from their present unhappy situation, and that they neither intended to usurp the rights of others, or allow any vested in them, to be taken out of their hands. They hoped that the differences between Great Britain and her colonies would be removed, on principles consistent with the rights and interests of both, and hence, although they could not perceive that the separate petition of one colony, would be likely to effect more than the united application of all, they still would pursue the mode which his Excellency had mentioned, hoping that the act would meet with the notice he had promised. The dispositions of the House were sufficiently manifested, and were fully perceived by the Governor. "It is now," he said, " in vain to argue, as you have with most uncommon and unne- cessary precipitation given your entire assent to that destructive mode of proceeding, I so earnestly warned you against. Who- ther, after such a resolution, the petition you mention can be expected to produce any good effect, or whether you have con- sulted the true interests of the people, I leave others to deter- mine."27 The legislature made their petition, but, as was the case with others, it was spurned from the throne.
The British Parliament met on the 29th of November, 1774. The King informed them that most daring resistance to the laws continued to be made in Massachusetts, and that the proceedings there had been countenanced in other colonies, and that unwar- rantable attempts had been made to obstruct the commerce of the kingdom by unlawful combinations. His Majesty expressed his reliance upon their aid to maintain the authority of Parliament throughout all the dominions subject to the Crown. The answer of the Commons entirely concurred with the views of the King. But the purposes of the Ministry, if formed at the time, were not fully explained. The First Lord of the Treasury merely an- nounced, that after the usual recess for the holidays he would
2: Votes of February 3d, 1775. Gordon, p. 158.
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bring the papers relating to America to the notice of the House. 29 Upon the assembling of Parliament, on the 20th of January, Lord Dartmouth, the Secretary for the Colonies, produced in the House of Lords, the papers from America. A motion was immediately made by the Earl of Chatham, for an address to his Majes- ty, to remove the forces from the town of Boston. He urged the necessity of this step as preparatory to the settlement of the dangerous troubles in America. The Americans, he said, - would never be in a temper or state to be reconciled, they ought not, until the troops were withdrawn. " The door of reconcilia- tion," he said, " should be opened immediately : it will soon be too late. Whoever has counselled the King to the present measures ought to answer for it at his utmost peril, and if his Majesty shall continue to listen to such counsels he will be undone ; he may wear his crown, but the American jewel out of it, it will not be worth the wearing. The Americans say, that we have no right to tax them without their consent, and they say truly ; representation and taxation must go together, they are inseperable. The Americans he said do not hold the language of slaves, they speak out ; they do not ask a repeal of our laws as a favor, they claim it as a right ; they demand it, they say they will not submit to them, and I tell you the acts must be repealed ; you cannot enforce them." But the motion of Lord Chatham, though urged by him with such eloquence as has seldom been heard, and though supported by Lords Camden, Shelburne, and others, who were among the wisest and ablest statesmen of the realm, was yet rejected by a large majority.29
Almost at the opening of business in the Commons, numerous
28 Notwithstanding the apparent hesitation of the Ministry, there is reason to believe that forcible measures had then been resolved on, in case the colonies persisted in their course. Lord North declared to Mr. Quincy (who was then in England as Special Agent from Massachusetts,) that "we must try what we can do to support our authority. If we are defective in power, we must sit down contented and make the best terms we can, and nobody can blame us after we have done our utmost." In a letter to Reed, of Philadelphia, dated December 17th, Quincy declared, "I look to my countrymen with the feelings of one who verily believes that they must yet seal their faith and constancy to their liberties with blood."
" There were but 18 Lords for the motion, and 77 against it.
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petitions were presented relating to American affairs. The prin- cipal trading and manufacturing towns in England, presented addresses, showing the injurious effects of the disputes with America upon the commercial interests of the country. A motion was made to refer these petitions to the committee on American papers, but an amendment was moved on the Ministerial side, that they should be referred to a separate committee, to meet on the twenty-seventh, the day following that appointed for the consi- deration of American papers. This amendment was carried by a decided vote, and thus all the petitions were virtually rejected, being given to the body which was called by Burke, "the commit- tee of oblivion." The petition from the American Congress to the King which his Majesty had referred to the House, was directly rejected. All measures tending toward an accommoda- tion being thus disposed of, the Minister proceeded to unfold his plan by moving a joint address to the King on American affairs. This address declared that Massachusetts was in a state of rebellion, and that this colony had been supported by unlawful combina- tions and engagements entered into by other colonies, to the great injury and oppression of his Majesty's subjects in Great Britain. It assured his Majesty of their determination never to relinquish the sovereign authority of the King and Parliament over the colonies, and requested him to take the most effectual means to enforce their obedience, and promising that Parliament would support him at the hazard of their lives and property. The motion was carried in the Commons by a large majority. In the House of Lords very animated debates occurred, but the motion for concurrence was finally carried by a very decisive vote.30 By the adoption of this address it has been said, and truly,
30 The Lords Richmond, Craven, Archer, Abergaveny, Rockingham, Wy- combe, Courtenay, Torrington, Posonby, Chalmondely, Abingdon, Rutland, Camden, Effingham, Stanhope, Scarborough, Fitswilliam, and Tankervi le, protested against the address "as founded on no proper Parliamentary informa- tion being introduced by refusing to suffer the presentation of petitions against it (though it be the undoubted right of the subject to present the same; as fol- lowing the rejection of every mode of conciliation ; as holding out no substantial offer of redress of grievances ; and as promising support to those Ministers who had inflamed America. and grossly misconducted the affairs of Great Britain.
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that Parliament "passed the Rubicon." The answer from the Throne gave assurances, that the most speedy measures should be taken for enforcing obedience to the laws and authority of Parliament. A message was also sent to the Commons inform- ing them that an augmentation of the forces would be required. Soon afterwards additional measures were proposed by the Min- ister. On the 10th of February he moved for leave to bring in a bill to restrain the trade of the colonies of Massachusetts, Con- necticut, New Hampshire, and Rhode Island, to Great Britain, Ireland, and the British West India Islands, and prohibiting these colonies from fishing on the banks of Newfoundland. In support of this measure it was said, that as the Americans had refused to trade with the mother country, they ought not to be permitted to trade with any other, and it was subsequently proposed that the restrictions should be extended to all the colonies, excepting New York, North Carolina, and Georgia. These exceptions were probably made with the view of producing disunion among the colonies. But if such was the design, it signally failed.31 During the pendency of this proposal in Parliament, Lord North surprised his political friends, as well as opponents, by coming forward with a "conciliatory plan" which he offered on the 20th of Feb- ruary to the House of Commons. This project was represented by him as an "infallible touch stone" to try the Americans; he said that if their opposition to the measures of Parliament was really founded on the principles advanced, they must agree to the present proposal, and that its rejection would be proof that their
" The particular reasons for the selection of these colonies as objects of favor are not entirely clear. But the tardy appearances of the deputies from North Carolina, in Congress, and the entire lack of any representation from Georgia, may have possibly been considered. In the case of New York, the former re- fusal of the traders of her principal city to adhere to the non-importation agree- ments, could hardly have been forgotten. Beside this, New York refused, in regard to certain particulars, to accede to the recommendations of Congress. If this refusal which was made in January, was known to the Minister at the time of making his proposal, (March 12,) it was probably the principal ground of the exception in favor of this colony. But New York eventually concurred in the measures of Congress, and none of the excepted colonies were at all disposed to avail themselves of the proffered advantages; on the contrary, they rather regarded the offer as an injury.
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purposes were not such as had been openly avowed. To this plan no party at first was favorably disposed, but upon further ' reflection or explanation, the friends of the Minister agreed to its support. $2 It was finally adopted by a large majority. Other concili- atory proposals which were offered, were rejected ; the " restrain- ing bills" were passed, and the determination of the colonists between the pacific proposal of the Minister, and the threatened coercive measures, was awaited. But it was thought important that means should be used for the prevention of union and concert of action in the colonies. Early in January a circular had been directed by Lord Dartmouth to the Governors of the several colo- nies, in which his Majesty's pleasure was signified, that every endeavour should be used to prevent the appointment of deputies to the Congress which was proposed to be held on the 10th of May. It was supposed or hoped that a defection of some of the colonies would take place. But this was not the case. In New Jersey the Assembly had been in advance of the Minister; dele- gates were appointed before the circular was received,33 and similar
22 The conciliatory plan provided "that when any colony should propose to make provision according to its condition and circumstances, for contributing its proportion for the common defence, to be raised under the authority of the General Court, or Assembly of such colony, and disposable by Parliament, and shall engage to make provision also for the support of civil government, and the administration of justice in such province or colony; it will be proper, if such proposal shall be approved by his Majesty in Parliament, and for so long as such provision shall be made accordingly, to forbear in respect to such colony to levy any duty, tax, or assessment, except only such duties as it may be ex- pedient to levy or impose, for the regulation of commerce; the nett proceedings of the duties last mentioned, to be carried to the account of such colony respec- tively." The speciousness of this plan led many to suppose that important concessions were to be offered to America, and hence the high prerogative party loudly condemmed it, and thought themselves betrayed by the Minister. But this opposition was quieted by closer examination, and by the ex lanati a s that were made. It was represented by Lord North, or his confidants, that the plan would probably be rejected by most of the colonies, but would tend to disunite them; and the offer of such terms would also satisfy the people of England in regard to the course of the government.
33 'T'he cirenlar was written on the 4th of January, and on the 24th, as before stated, the former delegates were re-appointed.
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appointments were made formally in each of the colonies. The grievances which had been complained of were not redressed, and before the time for the meeting arrived, others had been added. England had attempted to assert her claims by other means than her declarations and laws. The sword had been drawn at Lexington, and war, one of the greatest of earthly calamities, was brought upon the country. Under these circumstances the second General Congress convened.
. CHAPTER XX.
THE SECOND CONTINENTAL CONGRESS .- THE PROVINCIAL CONGRESS OF NEW JERSEY .- CONSTITUTION OF NEW JERSEY.
THE second General Congress convened on the 10th of May, 1775. They immediately entered upon decided action. A reso- lution was passed prohibiting all exportations to the neighbouring British colonies, or the fisheries on the coast. Another followed, that the colonies should directly be put in a state of defence. This was considered necessary in consequence of the actual commence- ment of hostilities in Massachusetts. That province was also advised, to consider the offices of Governor and Lieutenant Go- vernor as vacant, and that a Council should be chosen by the Assembly to direct the government, until his Majesty should appoint a Governor to conduct affairs according to the charter. New York, where a body of troops was shortly expected, was advised to act on the defensive, so long as such a course could be safely maintained, but that they should not permit the erection of fortified works by the British, or the communication between town and country to be cut off. It was still resolved, that an humble and dutiful petition should be addressed to the King, asking that measures might be taken to accommodate the present unhappy disputes. The propriety of this step was much doubted by many, considering the direct rejection of previous petitions, but it was finally agreed to, as well as addresses to the people of England, of Ireland, and of the province of Quebec. In these, the attacks that had been made upon the colonies were repelled, their desire of peace upon just and constitutional grounds, was asserted, as well as their attachment to England, her laws, her people, and her . King. But there was also a bold declaration of rights, and a strong vindication of former proceedings and designs.
Their final appeal was now made, and Congress proceeded to perfect the measures for the defence of the country, by making
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provision for raising and organizing an army. On the 15th of June, George Washington was appointed General-in-Chief of the armies raised, or to be raised, for the defence of American liberty. To defray the necessary expenses, it was resolved that the sum of three millions of dollars should be issued in bills of credit, which sum was to be apportioned for sinking, among the several colonies, in the proportion of inhabitants, but the faith of the "Twelve United Colonies" was to be pledged for its redemption.1
On the 15th of May, 1775, the Assembly of New Jersey was convened by the Governor, for the purpose of considering the conciliatory plan of Lord North, which had been sent by a circu- lar to the several colonies. It was recommended by the Governor in a long and elaborate address. IIe believed that the offers it contained were all that the colonists could justly demand or desire, and said that a happy opportunity was presented of getting rid of an unnatural contest, by only complying with an acknowledged duty. But the previous course of the Governor, had not been such as to favor his influence and argument.2 Under no circum- stances, however, could these have prevailed with the House on the present occasion. It was perceived that the plan submitted to them, fell far short of the demands and rights of the people. In entering upon the subject, regret was expressed by the House, that as the Continental Congress was then sitting to consider the situation of affairs in America, the present meeting had not been deferred until the sense of that body should be known, as they supposed that no one would suspect them of an intention to aban-
' Georgia had not yet become associated, but her accession took place in July, and the "Thirteen" then became united.
2 Beside the general course of the Governor, the attention of the House was called at this time to statements purporting to come from his Excellency, in re- lation to the previous action of the House. A copy of the " Parliamentary Register" was produced, containing a letter from the Governor to Lord Dart- mouth, in which the former represented the Assembly as having been divided in their approbation of the proceedings of the late Congress. The Assembly requested to knew of the Governor whether the extract contained a true repre- sentation of the substance of the letter written by him. His Excellency com- plained of the course of the House in placing the extraet on their minutes, and seeking to inculpate him, but denied the correctness of the extract.
Votes, vol. 4, p. 15. Gordon, p. 162.
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don. the cause of their country.3 But they said they had considered the proposal that had been offered, and though .they wished. to avoid a hasty conclusion, they could form no other opinion than that it was essentially the same that had heretofore been made ; that it did not appear to be materially different from that which was . presented before the passage of the stamp act; they said that America did not comply with it then, and that though they were sincerely disposed to use all proper means in order to be- . come reconciled to his Majesty, and the Parliament of England, yet they could not comply with a proposition which they believed to be inconsistent with the privileges of freemen ; nor did they want any time to consider, whether they should submit to that which in their apprehension would reduce them to a state but little better than slavery. That they might, according to the pre- sent proposal be fully and effectually taxed by their fellow sub- jects of Great Britain, and that perhaps to a much greater degree than before ; as it seemed to require that they should raise such a proportion as Parliament should think proper, and it was im- possible to tell how far the people of the colony might be involved by. assent to so undeterminate a provision. "Upon the whole," they said, " though sincerely desirous to give every mark of duty and attachment to the King, and to show all due deference to the Parliament, we cannot, consistent with our real sentiments, and the trust reposed in us, assent to a proposal big with consequences destructive to the public welfare; and hope that the justice of our . parent country will not permit us to be driven into a situation, the . prospect of which fills us with anxiety and horror. . We heartily pray that the supreme disposer of events, in whose hands are the hearts of all nien, may avert the calamities impending over us, and influence . our Sovereign; his : Ministry, and Parliament, so as to induce them to put a stop to the effusion of the blood of the colo- nists, who wish always to look upon their fellow subjects of Great Britain as their brethren .? '
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2 The concili atory plan was afterwards brought forward in Congress, and was referred to Franklin; Jefferson, Adams, and Lee, and on the report of this committee; on the. 31st of July, Congress rejected the terms as unreasonable, insidious, and unsatisfactory. 51.
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The Governor replied, and declared that he had done his duty in the case, and soon afterwards prorouged the House.
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It has been stated that the convention of delegates which was held in New Brunswick in July, 1774, appointed a number of their members to serve as a general committee of correspondence. The latter body met at the same place on the 2d of May, 1775. Taking into consideration the alarming condition of public affairs, especially the commencement of hostilities in one of the colonies, the committee resolved that a second Convention would be necessary, and directed that a meeting should be called by the Chairman, on the 23d of May, to consider upon such matters as should be then brought to their notice. In accordance with the notice, delegates were again elected in the counties, and met at the time and place appointed. Eighty-seven representatives appeared, delegates be- ing present from all the counties.+ The Provincial Congress (as this body was constantly styled,) proceeded, the day after their meeting, to effect an organization by the appointment of officers. Hendrick Fisher was chosen President, Jonathan D. Sergeant Secretary, and William Paterson and Frederick Frelinghuysen Assistant Secretaries. The business of the Congress was opened with a full acknowledgement of the importance and solemnity of the engagement; that it might effect the lives and properties, the religion and liberties of their constituents, and their posterity; and hence that it became them, as the representative body of a christian people, to look up to that All-Powerful Being by whom all human events were guided, and to implore his favor, and direction.5
. There were five from Bergen, thirteen from Essex, eleven from Middlesex, seven from Morris, eight from Somerset, four from Sussex, seven from Mon- mouth, fifteen from Hunterdon, five from Burlington, three from Gloucester, three from Cumberland, five from Salem, and one from Cape May. [Journal of Proceedings.] The meetings and proceedings of this body (as well as previ- ous meetings of a similar character.) are to be carefully noticed. The people had been driven by the refusal of the Governor to call the Assembly, to an in- dependent procedure, and this course of procedure was now continued, and thus the Provincial Congress came, in a great degree, to take the place of the Assem- bly, and the latter, as will be seen, was soon afterwards entirely suspended.
.It was therefore ordered that during the session the business of each day should be opened with prayer.
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The Congress then determined that the existing contest with Great Britain was of such a nature, and had arrived at such a crisis, that the present meeting had become absolutely necessary in order to provide ways and means for the security of the pro- vince ; though at the same time, they declared their veneration for the person and family of his Majesty George III. They declared their approval of the acts of the late Assembly of the province in appointing delegates to the General Congress, and expressed their thanks to the House for their regard and attention to the rights and liberties of the people. But they unanimously agreed that when a Continental Congress should again become necessary, it would be most proper that the delegates thereto, should be chosen by a Provincial Congress.6 It was then resolved, that in the pro- ceedings of the Congress, each county should have one vote. At an early period, a written message was directed to the Continental Congress then sitting, expressing a willingness to co-operate in any undertakings or acts for the good of the country, and asking advice and assistance. The reply of the Congress imported, that the body was not prepared at the time, to give any specific directions, but that a correspondence would be willingly maintained, and that advice would be given, as occasion might arise. The previous resolution of the General Congress for withholding exportations for the supply of the British fisheries on the coast, was adopted. A communication was opened with Connecticut and New York; an individual,? a part of a committee appointed by the former State, being then in attendance, and a letter being received from the latter; assurances were given by the Congress that they would heartily concur with the other colonies in all such measures as were adopted for the defence of the rights of America.
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