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 38
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The final determination of America to maintain her position by forcible resistance was foreseen, and provided for. The Congress declared, that taking into consideration the cruel and arbitrary measures of the British Parliament and Ministry for the purpose
'The independent measures that had formerly been resorted to, were he e expressly approved, and a similar course of action was resolved upon for the future.
" Pierpont Edwards.
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of subjugating the American colonies, and being apprehensive that all pacific measures for the redress of grievances would prove in- effectual, they thought it necessary that the inhabitants of the ·province should forthwith be properly armed and disciplined, for defending the cause of American freedom. A plan for regulating the militia was therefore agreed to, and an ordinance was passed for raising the necessary funds. The sum of ten thousand pounds was to be raised, by a levy within the several counties, the appor- tionment and collection of which was to be made according to- a. rate and manner prescribed.s
A General Committee of Correspondence, consisting of fourteen persons, was then appointed, to whom power was given, or any three of them, acting in conjunction with the President or Vice President, to call a meeting of the Congress. After a session of eleven days, the Congress adjourned.
. Notwithstanding the decided measures that were adopted by the Continental Congress, and in the several colonies, for resisting the demands of Great Britain, a final separation from that country
.. In order to engage the people generally in support of the measures agreed upon, a form of association was prepared. It provided, that the subscribers, freeholders and inhabitants of the township of -, in the county of -, and province of New Jersey, having long viewed with concern. the avowed design of the Ministry of Great Britain to raise a revenue in America; being deeply affected with the crucl hostilities already commenced in Massachusetts Bay for carrying that design into execution; convinced that the preservation of the rights and privileges of America depends under God, on the firm union of its inhabi- tants; do with hearts abhorring slavery, and ardently wishing for a reconcilia- tion with our parent State on constitutional principles, solomnly associate and resolve, under the sacred ties of virtue, honor, and love to our country, that we will personally, as far as our influence extends, endeavour to support and carry into execution whatever measures may be recommended by the Continental and our Provincial Congress, for defending our constitution and preserving the same inviolate. We do also associate and agree as far as shall be consistent with the measures adopted for the preservation of American freedom; to sup- port the Magistrates and other civil officers in the execution of their duty agree- able to the laws of this colony; and to observe the directions of our committee, acting according to the resolutions of the aforesaid Continental and Provincial Congress ; firmly determined by all means in our power, to guard against those disorders and confusions to which the peculiar circumstances of the times may expose us. Journal, p. 12.
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was not yet in view. The Americans were resolved to maintain their rights by every means at their command; yet independence was not contemplated as their . ultimate object. . But their imme- diate purpose was promptly and vigorously pursued. Even during the sitting of the General Congress, active military operations were commenced. Early in May, 1775, an enterprise was planned in Connecticut, to take the fort at Ticonderoga, and secure the military stores at that place, for the use of the colonies; and this plan was carried into execution under the direction of Colonels Allen and Arnold. Near the last of May, Generals Howe, Clinton, and. Burgoyne arrived at Boston with new forces, to compel the . submission of the colonists, but the battle of Bunker Hill, which took place on the 17th of June, gave evidence that ."submission" was not to be easily enforced.
The Provincial Congress of New Jersey again met on the 5th of August. Nearly the same number, and with a few exceptions, the same individuals were present as before. Regulations were now adopted to ensure the collection, and the proper employment of the funds which had been ordered to be raised, and also for the fuller organization and establishment of the military force. Fifty- four companies, consisting of sixty-four men each, were to be raised, and the proportionate number to be supplied by each of the counties was determined. Two Brigadier Generals were also appointed.9 Penalties were prescribed in cases of refusal to enrol in the service, or to attend at the times and places of mustering : but it was resolved that "as there are a number of people within this province whose peculiar religious principles will not allow them in any case to bear arms, this Congress intend no violence to conscience, and therefore would earnestly recommend to all such persons to contribute the more liberally in these times of universal calamity, to the relief of their distressed brethren in the several colonies, and to all other services for their oppressed country, consistant with their religious profession.10
. A most important measure of the Congress was that for secur-
' One only, Phileman Dickerson, was appointed at first, but soon afterwards William Livingston was named as the other.
" 'This liberal provision was afterwards nearly annulled by more rigid regu- lations.
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ing the continuance and action of the body. It was declared to be expedient, at a time when the province was likely to be involved in all the horrors of a civil war, and when a consequent necessity would exist to increase the burdens of the people by taxes, that the inhabitants should have frequent opportunities to renew their choice and approbation of their representatives. It was therefore resolved, that the inhabitants in each county qualified to vote for Representatives in the General Assembly, should meet (at places directed,) on the 21st of September next ensuing, and there elect by plurality of voices, any number of persons not exceeding five who were to be substantial freeholders, and who should be em- powered to represent the county in Provincial Congress, which Congress should convene on the 3d of the succeeding October. It was also resolved, that during the continuance of the disputes between Great Britain and America, there should be a new choice of deputies yearly, in each county, on the third Thursday in September, and that at the same time the inhabitants as aforesaid, should elect a number of freeholders to constitute a county com- . mittee of observation and correspondence, with full power as well to superintend the necessary business of the county, as to carry into execution the resolutions and orders of the Continental and Provincial Congress ; and also that similar action should be taken in each of the townships within the county. A Provincial Treasurer was then appointed,11 and a Committee of Safety was chosen, to act as an executive body during the continuance of the recess of Congress.12 The Congress then adjourned to the 20th of the ensuing September. The proceedings of the meeting in September have not been preserved, but the members elected in that month in accordance with previous resolutions, assembled on the 3d of October, pursuant to appointment. The number of members was reduced, agrecably to the regulations upon the subject already noticed. Samuel Tucker was chosen President, Hendrick Fisher, Vice President, and John Mehelm, upon general
1
" Jonathan D. Sergeant.
1º The Committee of Safety were Hendrick Fisher, Samuel Tucker, Isaac Pearson, John Hart, Jonathan D. Sergeant, Azariah Dunham, Peter Schenck, Enos Kelsey, Joseph Borden, Frederick Frelinghuysen, and John Schureman. Journal, p. 24.
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request, consented to act as Secretary, until another should be chosen.13 This new body, like the former one, resolved, that its . daily proceedings should be opened with an act of religious ser- vice; that supplication should be made to Almighty God that he would be pleased, so to influence and direct the counsels of
: America and Great Britain, that peace, unanimity, and harmony might be re-established between them, upon a permanent founda- tion.
At this session the attention of Congress was principally directed to the regulation of military affairs. A communication was received from the Continental Congress, which was then in session, (having convened on the 5th of September,) which stated, that it had become absolutely necessary to raise several new battalions, and recommended that two should be raised in New Jersey, and blank commissions were forwarded for captains and subaltern officers. The recommendation was complied with, though some difficulty occurred in relation to one particular. 14
The mode of raising funds to defray the increasing expenses of the colony was a difficult but an important part of the business of the Congress. The amount already ordered had not been fully received, and petitions were presented from different places urging that means might be adopted to ensure its collection. During the pendency of this subject, application was made to the Continental Congress for information, whether it would be con- sistent with the measures adopted by that body, to allow the
13 Afterwards William Paterson was appointed Secretary, but be acquainted the Congress that his business and circumstances would not admit of his serving, and John Carey, a member from Salem, was appointed.
" The Provincial Congress declared that they were animated with equal affection to the common cause of America, but they were desirous to know whether the right of nominating field officers was not in them, according to the privileges granted to other colonies, and they said that the previous appointment of field officers would tend to expedite the service. The Continental Congress replied, that it was necessary the batallions should be raised with all expedition, and they were not then prepared to decide upon the question of the appoint- ment of field officers. At a subsequent time, (September 16th, 1776,) this point was decided. The General Congress determined that the appointment of all officers, and filling up vacancies, except general officers, should be left with the colonics.
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provinces the use of such sums of the continental money as they might require, upon the faith of the province, and if so, upon what terms. The General Congress decided, that the public exigencies did not admit of loans from the Continental Treasury, to any of the colonies. It was then resolved, that the sum of thirty thousand pounds proclamation money should be emitted in bills of credit, and an ordinance was passed directing the mode of issuing and of sinking the amount. . An ordinance was also passed for compelling the payment of the ten thousand pound tax. A question touching an extension of the right of suffrage was also brought to the notice of the Congress. Petitions were pre- sented from different parts of the province, praying that house-' holders and others, not freeholders, who should pay their propor- tion of tax, should be admitted to vote for deputies to the Provincial Congress. After some consideration and, discussion, it was determined, that a final decision should be deferred until the next meeting of the Congress, in order that the sense of the peo- ple might be. more generally known upon the subject. A.com- mittee of safety, consisting of. the President, Vice President, and "eleven others, were appointed to act during the recess, and the Congress then adjourned. to meet at New Brunswick on the Ist of April, 1776, unless sooner convened by a call of the commit- tee. The committee above mentioned continued to be actively engaged during the period of the .. reeess. Upon information communicated to them from different quarters, proceedings were: entered upon against individuals : who were charged with the commission of acts opposed to the liberties of the country. The : General Congress had advised in respect ".to. those unworthy .Americans who were so regardless of their duty to their Creator, their country, and their posterity, as to take part with our oppressors, and, influenced by the hope or possession of rewards, should strive to recommend themselves to the bounty of administra- tion by traducing the principles and conduct of the friends .of American liberty, and opposing every measure. for its preserva- tion ; that the different assembles, conventions, and committees or councils of safety in the colonies, should take the most speedy. and effectual measures to restrain the wicked practices of these men." In accordance with this recommendation, the committee
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of safety in New Jersey, caused several individuals to be brought before them; some were disarmed, fined, and ordered to give security for their behaviour in future, and others were ordered to be kept in confinement until suitable contrition should be mani- fested for their offences. 15
Whilst these proceedings were carried on by the people and their immediate representatives, the Governor of New Jersey continued to exert himself in opposition : this was done both in his intercourse with public bodies, and also with individuals. '6 On the 16th of November, 1775, he convened the General Assem- bly. The principal legislative authority of the province was yet with this body in name, although in fact the power had nearly passed into other hands. At the opening of the session the Gover- nor remarked to the House, that he had lately said so much concern- ing the present unhappy state of affairs, and the destructive measures which had been adopted, that he should not endanger the peace of the session by a farther discussion of the subject. But he thought it necessary that they should be informed " that his Majesty laments to find his subjects in America so lost to their own true interest as to have rejected the late overture (the conciliatory plan ;) but that as they have preferred engag- ing in rebellion, it had become his Majesty's duty, and was his firm resolution, to pursue the most vigorous efforts to bring them to obedience." His Excellency said, that he was conscious of having the true interest of the people at heart, and that he had resolved, contrary to the advice of his friends, to remain in the province, as his departure would probably subject the colony to the charge of open rebellion. But he desired the Assembly, in case they were not able or disposed to answer for the safety of himself and the other officers of the Crown, that plain information of their danger might be given. "Sentiments of independence," he said, " are openly avowed, and essays are appearing to ridicule the people's fears of that horrid measure ; it is high time that every
15 Journal of Proceedings, pp. 135-6.
" A correspondence of some.warmth was carried on between the Governor and Lord Sterling in reference to the appointment of the latter to the command of a regiment of militia.
Life of Lord Sterling, p. 114. 52
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man should know what he has to expect." The House repliedk that they truly lamented the situation of public affairs, and that there was so little prospect of a removal of the grievances under which the country was laboring. That they desired nothing with greater anxiety than a reconciliation with the parent state on constitutional principles, but that they were greatly mistaken if the proposal lately offered, could have been accepted by them without a violation of the duty they owed to their constiuents. They assured his Excellency that they could not imagine that there was any reason to fear insult or injury, or that he or other officers need be apprehensive of danger. That they knew of no sentiments of independency that were openly avowed, and that they approved of no essays urging to such a measure, and considered it their duty to promote peace, order and good govern- ment.17 The Assembly proceeded to transact the ordinary business that presented, and continued in session until the 6th of December. The House was then prorogued by the Governor, to the 3d of January next ensuing. But the Assembly never again convened. A new order of things was now taking place, and the institutions which had been established under royal authority, were soon to be entirely and forever abolished. 18
" Two days before, (November 28th,) the House had resolved, upon petitions presented on the subject, "that reports of independency, in the apprehension of this House, are groundless. That it be recommended to the delegates of the colony to use their utmost endeavours for obtaining a redress of American grievances, and for restoring the union between the colonies and Great Britain upon constitutional principles. That the said delegates be directed not to give their assent to, but utterly to reject any proposition, if such should be made, that may separate this colony from the Mother Country, or change the form of go- vernment thereof.
Votes, vol. 4, p. 18.
18 During the period of agitation that has been noticed, some concessions had been made through the legislature in favor of the privileges and interests of the people in New Jersey. In the year 1768, an extension of representation was gained by the confirmation of an act for giving representatives to the counties of Morris, Cumberland, and Sussex. By this measure the number of members in the Provincial Assembly was increased from 24 to 30. At the last sitting of the Assembly, the Governor communicated the royal approbation of an act for the issue, by loan, of bills of credit to the amount of one hundred thousand pounds. This grant had been long solicited; but the laws passed by the Assembly had been
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In consequence of communications from the Continental Con- gress, the committee of safety summoned the Provincial Congress of New Jersey, which accordingly met on the 31st of January, 1776. A principal part of the object of the meeting was to make provision to meet the requisitions for additional troops. - The General Congress having been informed of the design of the British Ministry to make an attack upon the colonies by way of Canada, had resolved upon an attempt to anticipate the' design, by taking possession of the strong posts in that province. . The attempt was made, but. was not fully successful, and it became necessary that additional forces should be raised, of which New Jersey was required to furnish a part.19 The Provincial Con- gress accordingly ordered that enlistments.should be made, and ! individuals were recommended as suitable persons to serve as field officers, and the other officers were at once appointed. The extension of military preparafions involved a necessity for addi- tional means of support : hence the ordinance formerly passed for the issue of thirty thousand pounds in bills of credit, (which bills were not yet printed,) was re-considered and modified ; and
constantly rejected. The Assemblies were not willing to establish a fund that would render the officers of government independent of the legislature, but this had been desired by his Majesty, and hence a disagreement on this point had been one of the causes of the frequent rejection of the loan bills. In com- municating the royal assent at this time, Lord Dartmouth informed the Gover- nor, that he was directed by his Majesty to say, that it would have been more agreeable to him, if the Assembly, instead of a general appropriation of the in- terest of the loan to the support of government in such manner as should be directed by future acts, had thought proper to make a settlement during the ex- istence of that loan, upon the officers of government, of salaries more suited to their respective offices than they then received; and if a specific portion had been appropriated to the building houses for the Governors; and the Assembly were required in his Majesty's name to make provision accordingly. The As- sembly replied, that though they entertained the most grateful sense of the at- tention shown to their wishes in the assent to the loan act, and were sincerely disposed to grant his Majesty's requisitions, yet they did not think it prudent, at the time, to go into any increase of the salaries of the officers; nor did they ap- prebend that it would be beneficial to settle them for a longer period than usual, or that it would then be expedient to erect buildings for the Governor and Assembly.
19 New Jersey was required to furnish another battalion.
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it was now resolved that the sum of fifty thousand pounds should be issued. Full provision was made for sinking these bills by instalments, within specified times, by taxes to be levied within the counties, upon real and personal property, including all mortgages, bonds, bills, notes at interest, and slaves.20
On the 14th of February, the Congress proceeded to elect delegates to represent the province in the Continental Congress, and William Livingston, John Dehart, Richard Smith, John Cooper, and Jonathan D. Sergeant were unanimously chosen. They were chosen to serve for one year, or until others should be appointed, and it was resolved that they, or three or more of them, should have full power to consent and agree to all measures which the Continental Congress should deem necessary, and that the province should be bound to execute to the utmost of its power all resolutions which the said Congress might adopt.
The question respecting the right of suffrage, which-had been agitated at the former sitting, was now again presented. Petitions . in favor of an extension of the right, were offered from different parts of the province, and also a number of counter petitions: The subject was fully considered and was finally decided by putting the question " whether every person of full age who hath, immediately preceding the election, resided one whole year, in any county of the colony, and is worth at least fifty pounds in real and personal - estate, shall be admitted to vote in the county wherein he resides, for representatives in Provincial Congress, or not? It was decided in the affirmative, nine counties voting for, and four against it.21
" Nine thousand five hundred bills were to be struck, cach of the value of three pounds, ten thousand each of the value of one pound ten shillings, six thousand six hundred and sixty-seven, each of the value of fifteen shillings, and five thousand, each of the value of six shillings. The bills to be in form as follows: "This bill by an ordinance of the Provincial Congress, shall pass current in all payments within the colony of New Jersey for -. Proclama- tion money, dated the 12th of February, 1776."
" The ordinance as finally prepared and adopted, prescribed "that all free- holders qualified to vote for Representatives in General Assembly in this colony, who have signed the general association recommended by this Congress; and all other persons of full age who immediately preceding the election shall have resided for the space of one year in any county of this colony and are worth at least fifty pounds proclamation money in personal estate and have signed the
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Another measure followed upon the determination of this question. It was deemed advisable that the people of the colony admitted to vote under the present regulations, should have an opportunity to participate in the choice of representatives, and it was therefore resolved, that there should be a new election of deputies to serve in Provincial Congress, for every county of the colony, on the 4th Monday in May, yearly, and every year, during the continuance of the present troubles. Special regulations were made in regard to the mode of conducting the elections. It was also resolved, that in all future meetings of the Congress, the votes should be taken from the members individually, and not from the counties collec- tively, and that the Congress should have power to judge of the qualifications of its own members, and to reject any deputy or deputies for sufficient cause. It was then resolved, that "on the 4th Monday in May next, this Congress shall be, and is hereby dissolved; any thing in the ordinance of the late Provincial Con- gress, to the contrary, notwithstanding."
During this period, important changes were taking place in the relations between the colonies and Great Britain. It has been seen that notwithstanding their vigorous prosecution of measures of resistance, the colonists did not design a final separation. Independency was not their object. But a change of opinion and feeling was consequent upon the march of events. In September, 1775, the final petition of the General Congress to the King, was rejected, and in a manner by no means calculated to soften or con- ciliate.22 An early call of Parliament followed. In his address, the King accused the colonists of revolt, hostility, and rebellion, and declared that the rebellion was carried on for the purpose of establishing an independent empire. To prevent this design, he said, the most decisive measures were required, and the aid of Parliament was invoked. Parliament readily answered. About the close of the year 1775, an act was passed prohibiting all trade with the colonies, and authorizing the capture and condemnation
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