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 40
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33 These objections were somewhat lessened in actual practice. The ordinary duties of the Governor as chief executive officer, were not numerous or difficult, and he seldom participated directly in legislative proceedings ; usually the most important of his duties were those of a judicial character, and the choice of the officer came to be made, in a great degree, with a view to his fitness in this respect.
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they were empowered and required to decide upon cases, which the highest judicial authorities had formally adjudged. The entire provision in relation to the judicial department, indeed, was greatly imperfect ; excepting the mere designation of certain officers, and the determination of the periods of office, almost the whole.was Jeft to the will of the legislative bodies. Yet in considering the circumstances of the formation of this instrument, it would seem to be a matter of surprise, that the deficiencies and faults of the plan were not greater, rather than that any should be found to exist.
.A regulation similar to that which was made for the continuance of laws, was also adopted in relation to officers. It was resolved, in order to prevent a failure of justice, that all Judges, Justices of the Peace, Sheriffs, Coroners, and other inferior officers of the late government within the colony, should proceed in the discharge of their several offices, under the authority of the people, until the intended legislature and the several officers of the new government should be settled ; all officers having respect to the constitution of New Jersey as lately ordained, and the orders of the Continental and Provincial Congress ; and that all actions, suits, and processes should be continued, altering only the style and form thereof, ac- cording to the terms prescribed by the said constitution, in the further prosecution thereof. . .
The several measures which at this period were brought to the notice of the American Congress, were of the highest importance . and interest. The great question of independence was brought directly before that body by Richard Henry Lee, one of the dele- gates from Virginia. On the 7th of June, 1776, he submitted a resolution, declaring "that the united colonies are, and of right ought to be free, and independent States ; that they are absolved from all allegiance to the British Crown ; and that all political connection between them and Great Britain is, and ought to be, totally dissolved." This resolution was considered in committee of the whole, and was debated with great warmth and ability, and was finally adopted in committee on the 10th, by a bare majority of the colonies. Its further consideration in the House was then postponed until the 1st of July, a committee consisting of Jeffer- son, Adams, Franklin, Sherman, and R. R. Livingston, being ap-
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pointed to prepare, in the mean time, a declaration of independence. General sentiment as yet was not fully matured upon the subject, and some of the representatives in Congress were embarrassed by the instructions that had been given them. The delay gave an opportunity for fuller consideration among the people, and for further instructions to their deputies. 34 Within the interval, on the 22d of June, a new appointment of deputies was made in New Jersey, and the members, as has been seen, were now expressly authorized to give their assent to the pending measure. They entered upon their duties on the 28th of June.35 On the 1st of. July the resolution was again taken up in the house, and being referred to the committee of the whole, was assented to by all of the colonies, except Pennsylvania and Delaware, and on the day following was finally adopted and entered upon the journals of the house.
The committee appointed to prepare a declaration had sub- · mitted a draught on the 28th of June, and the question upon its
" It has been seen that in February, 1776, the Provincial Congress of New Jersey appointed William Livingston, John Dehart, Richard Smith, Jolin Coop- er, and Jonathan D. Sergeant, to be delegates in the General Congress, to serve for one year, or until others should be appointed. These persons were in the body at the time the question of independence was brought up. They were not expressly instructed upon the point, being only empowered to assent to all measures which the Congress should deem necessary. Beside the indecisive character of their instructions, these representatives, or most of them, are sup- posed to have been willing to avoid the responsibility of a direct decision upon this momentous subject. Smith, alleging indisposition, resigned his seat on the 12th of June, Dehart on the 13th, and Sergeant a few days later. Cooper took no active part in the proceedings, and Livingston was recalled to till a military appointment, and he too, as there is reason to believe, was doubtful as to the expediency of the step at the time, though when taken, he most carnestly endeavoured to sustain it. Gordon, p. 201. Life of Livingston, p. 185.
" It is not certain that they were all present at that time, but one of the num- ber, Hopkinson, then appeared and presented their instructions. It has some- times been stated that the delegates from New Jersey were not present at the time the question of independence was taken, though they afterwards concurred; but other accounts of at least equal authority, represent, that they were present, and that one at least, Stockton, participated in the debate. See Biography of Signers, Memoirs of Lec, Life of Livingston, and Gordon's New Jersey. 54
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adoption was taken in the house on the 4th of July. After re- ceiving some unimportant amendments, the declaration was as- sented to, being sanctioned by the approbation of every one of the colonies.
On the 17th of July, this important decision was approved and acquiesced in by the Provincial Congress of New Jersey, in the following manner and terms: "Whereas the Honorable Continen- tal Congress have declared the United Colonies free and indepen- dent States, we, the deputies of New Jersey, in Provincial Con- gress assembled, do resolve and declare, that we will support the freedom and independence of the said States with our lives and fortunes, and with the whole force of New Jersey." On the fol- lowing day it was also resolved, "that this house from henceforth, instead of the style and title of the Provincial Congress of New Jersey, do adopt and assume the style and title of the Convention of the State of New Jersey.
Thus the connexion with Great Britain was fully and finally severed.
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CHAPTER XXI.
PROPOSALS FOR ACCOMMODATION BY THE ENGLISH .- FIRST LEGISLA- TURE OF THE STATE OF NEW JERSEY.
IN regard to military operations, the year 1776 was one of gloom to the cause of America. The British had succeeded in repelling the attempts upon Canada, and were now preparing to establish a strong line of communication along the course of the Hudson River, between the city of New York and the posts on the Canadian borders. With this view, General Howe and his army evacuated Boston, and arrived about the last of June in the the harbor of New York, and on the second of July took posses- sion of Staten Island. He was joined on the 12th by his brother Lord Howe, with a fleet and a large reinforcement of troops. Lord Howe was the bearer to America, of what the British Minis- try were pleased to call the "Olive Branch," as well as the sword. On the 6th of May, he, with his brother, had been appointed Commissioners by the King, to make an offer of pardon to all those who, as it was said, "in the tumult and disorder of the times, ·had deviated from their just allegiance, and were now willing by a speedy return to their duty, to reap the benefits of royal favor." Upon such conditions, the Commissioners were empowered to declare any colony, town, port, or place, to be in the peace, and under the protection of the Crown, and excepted from the penal provisions of the act prohibiting trade and commerce with the colonies. Upon the arrival of Lord Howe, the proposals he bore were communicated in a circular letter to the Governors lately acting under the Crown. A letter was also directed to Wash- ington, which was rejected by him on account of its address, and another was sent to Franklin, who had been known to Lord Howe in England. A note dated July 30th, was written by Franklin in
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reply; in this he spoke of the object of Lord Howe as seeming no more than to extend an offer of pardon, and lamented that his lordship had been sent so far, on so hopeless a visit. "It is im- possible," he said, "to think of submission to a government that has with the most wanton barbarity and cruelty, burnt our defence- less towns in the midst of winter, excited the savages to massacre our peaceful farmers, our slaves to murder their masters, and is now bringing foreign mercenaries to deluge our settlements with blood." No other immediate effect was produced by the offers - of the Commissioners than to influence some of the disaffected and doubtful, and to dispose them upon the earliest turn of affairs, to make their peace with their country's foes.
The attempt of the British to possess themselves of New York, had been foreseen by the American Commander, and preparations had been made for defending it. But the force that could be col- lected for the purpose, was greatly inferior to that of the enemy, and after the disastrous battle of Long Island, (on the 27th of August,) Washington was forced to retire from New York, which was directly entered and occupied by the English, who also, soon afterwards, obtained possession of most of the places of strength in the neighboring country. It was supposed by his Majesty's Commissioners, that the misfortunes that were then experienced might dispose the American people to listen more favorably to the overtures that had formerly been made. General Sullivan, who had commanded at Long Island, and had fallen into the hands of the enemy, was therefore sent on his parole, to Congress, with a message from Lord Howe. His lordship informed the body, that he was unable to treat with Congress as such, but that he was desirous to confer with the members; and that he, in conjunction with General Howe, had full power to consider and adjust exist- ing disputes, and that he was desirous an agreement might then be made, before any decisive blow had been struck: Franklin, Adams, and Rutledge were appointed a committee on the part of Congress to receive the proposals of the Commissioners, and for this purpose they met Lord Howe at Staten Island. His lordship declined receiving them as a committee of Congress, but was will- ing to confer with them as private individuals. But the modera- tion and good sense of the committee enabled them to secure a
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position in which the object of their mission might be gained,' and they succeeded in drawing from the Commissioner, that his only proposition was, that if the colonies would return to their allegiance and obedience, the King and his Ministers were disposed to make their government easy, and to redress their grievances. 'The committee expressed their opinion to his lordship, that "a return to the domination of Great Britain was not to be expected." That the injuries the colonies had received had forced them to a decla- ration of independence, that all the colonies had joined in the measure, and had settled, or were settling their own governments, and that Congress had no power to agree for them that they should return to a dependent condition ; but that the colonies were no doubt inclined to peace, and would readily treat with Great Britain on reasonable terms, if properly approached. These proceedings were published in full, for the information of the American people. A proclamation was afterwards put forth by the Commissioners to the people at large, in which they stated, that they were desirous to confer with his Majesty's well affected subjects upon the means of restoring tranquility, and establishing a permanent union. They informed the people that the King had directed a revision of such of his royal instructions, as might be construed to lay an undue restraint upon the freedom of legislation in any of the colonies, and would also concur in the revisal of all acts by which his sub- jects might think themselves aggrieved; and they exhorted the inhabitants "to reflect seriously on their condition, and judge whether they should offer their lives a sacrifice to the unjust and precarious cause in which they were engaged, or return to their allegiance." This proclamation, with the unfavorable events and prospects of the time, induced a number of persons to desert the American cause, and to accept of the offered terms. Nine hun- dred and fifty persons in New York, and the vicinity, presented a petition to the Commissioners declaring their allegiance to Great Britain, conceding the constitutional authority of Parliament in America, and praying that the city and county of New York might
' They informed Lord Howe that as their business was to hear, he might consider them in what light he pleased, but that they should consider themselves in no other light than that in which Congress had placed them.
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FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
be restored to his Majesty's peace and protection. By many others in different places, a similar course was afterwards pursued, and among these persons were some individuals of distinction and influence.
It was during the period of darkness just noticed, that the-go- vernment of the State of New Jersey was brought into operation. By a provision of the constitution, the Legislative Council and Assembly were to be chosen for the first time, on the 2d Tuesday of August, 1776, and the members then chosen were to continue in place until the 2d Tuesday in October, 1777, and on the 2d Tuesday in October in each and every year, a new election was to be made, and the delegates elected were always to meet on the 2d Tuesday next after the day of election. The constitution re- ceived the assent and sanction of the people at large, both by general acquiescence, and by a full observance and pursuance of its several provisions. An election for representatives in the Legislative Council and Assembly, was held in the several coun- ties on the day prescribed, and the members chosen convened, according to appointment, at Princeton, on Tuesday, the 27th of August, 1776. On the 29th the houses were organized. John Stevens was chosen Vice President of Council, and John Hart was elected Speaker of the House of Assembly.
An important part of the duty devolving on the legislative bodies, was the further establishment of the government by filling the offices in the other departments. On the 31st, in joint ballot of the two houses, William Livingston was chosen Governor of the State.2 He was then engaged in the discharge of military duties, and therefore did not enter upon office for some days after his appointment. As a preliminary to the issue of commissions to the several officers, the preparation of a great seal was considered by the legislative bodies, and a resolution was agreed to, that as sundry commissions should be given before a proper seal could
Livingston had been one of the delegates in the Continental Congress, and at the present time, was Commander-in-Chief of the militia of New Jersey. The other candidate for the office of Governor, was Richard Stockton; on the first balloting, the votes were equally divided; and it was not until the next day that an union of parties took place, and Livingston was clected.
Sedgwick's Livingston, Gordon's New Jersey, Minutes of Joint Meeting.
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be made, the seal at arms of his Excellency William Livingston should be deemed, taken and used, as the great seal of the State, until another could be procured.3
On the 13th of September, an address was made to the two houses by the Governor. His Excellency remarked, that "con- sidering how long the hand of oppression had been stretched out against us; how long the system of despotism concerted for our ruin, had been insidiously pursued, and was at length attempted to be enforced by the violence of war; reason and conscience must have approved the measure had we sooner abjured that allegiance from which not only by a denial of protection, but the hostile as- saults on our persons and properties, we were clearly absolved. That being thus constrained to assert our own independence, the late representatives of the colony of New Jersey in Congress as- sembled, did, in pursuance of the advice of the Continental Con- gress, the supreme council of the American colonies, agree upon the form of a constitution which by tacit consent, and open appro- bation, hath since received the assent and concurrence of the good. people of the State; and agreeably to this constitution, a Legisla- tive Council and Assembly have been chosen, and also a Gover- nor. Let us then, as it is our indispensable duty, make it our invariable aim, to exhibit to our constituents the brightest examples of a disinterested love for the common weal; let us, both by pre-
3 A joint committee of the houses was afterwards appointed to prepare a great seal, and they reported that "they had considered the subject and taken the sen- timents of several persons thereon, and were of opinion that Francis Hopkinson, Esq., should be immediately engaged to employ proper persons at Philadelphia to prepare a silver seal, which should be round, of two and a half inches diameter, and three-eights of an inch thick; and that the arms shall be, three ploughs in an escutcheon, the supporters, Liberty and Ceres, and the crest a horse's head; these words to be engraved in large letters round the arms, viz: The Great Seal of the State of New Jersey." This report was agreed to. At a subsequent date, Francis Hopkinson furnished his account in detail, for the expenses in- curred in procuring the seal, amounting to £35 2s Ad. (Votes and Proceedings, p. 33.) In regard to the name of the seal, as well as in other particulars that will come into notice, the legislature were obliged to depart from the provisions of the constitution. It was there directed that it should be called "The Great Seal of the Colony of New Jersey," but as the colony had become a Slate, a change was unavoidable.
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cept and example, encourage a spirit of economy, industry, and patriotism, and that public integrity and righteousness that cannot fail to exalt a nation ; setting our faces at the same time like a flint against that dissoluteness of manners and political corruption that .will ever be the reproachi of any people. May the foundation of our infant State be laid in virtue and the fear of God; and the superstructure will rise glorious, and endure for ages. Then may we humbly expect the blessings of the Most High, who divides to the nations their inheritance, and separates the sons of Adam."
The principal matters recommended by the Governor to the notice and care of the legislative bodies, were the ordering of measures relating to the war, especially the proper regulation of the militia ; and the permanent establishment of the seat of govern- ment at some convenient and suitable place. An address was afterwards made by the Assembly agreeing in sentiment and tone with that of the Governor; resolutions in relation to the particulars recommended to notice by his Excellency were adopted, and the necessary bills were prepared.
The legislative bodies also proceeded to the appointment of other officers, in order to perfect the organization of government. John Dehart was chosen Chief Justice of the State, Samuel Tuck- er, Second Justice, and Francis Hopkinson, Third Justice; William Patterson was appointed Attorney General; Jonathan D. Sergeant, - Clerk of the Supreme Court; Charles Petit, Secretary of State, and Richard Smith, Treasurer.' Provision was made for renew- ing and continuing the action of the judicial department, by pass- ing an act to confirm and establish the several courts of justice within the State. This act prescribed, that the several courts of law and justice should be confirmed and established and continue to be held, with like powers under the new government, as before the declaration of independence.5 Several bills of importance which had been introduced, were pending at the time of adjourn- ment, which took place on the 8th of October, the houses adjourn- ing to meet at Burlington on the 13th of the following month.
Richard Stockton at first received the appointment of Chief Justice, but de- clined serving. Sergeant also declined office, and the place was assigned to Bowes Reed.
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.Patterson's Laws of New Jersey, p. 38.
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FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
During the whole of this time, the gloom that enshrouded the fortunes of America, seemed constantly deepening. Other disasters followed upon the surrender of New York, and the American forces, unable to retain the posts on the Hudson, withdrew from that river into the heart of New Jersey, whither they were fol- lowed by the enemy. In consequence, New Jersey immediately became a principal sharer in the dangers and sufferings of the country, as well as in the efforts that were required, and were made, in resistance.
The legislative bodies convened according to adjournment, on the 13th of October, and proceeded to the transaction of business. Attention was directed toward a further organization of the militia of the State, and furnishing the quota of troops required for the continental army. A bill for raising four battalions was passed, and the several officers were at once appointed. The houses also proceeded in joint meeting, to the appointment of delegates to the General Congress. The regulations formerly adopted by the Provincial Congress in regard to the number of representatives, were continued by the legislature, and it was resolved, that one or more of the delegates should he empowered to represent and vote in behalf of the State.6
But at an early period the action of the legislature was arrested. From the continued retreat of the American army through the State, and the rapid advance of the British, there was but little opportunity to prepare for action, or indeed to provide for safety, and the Assembly resolved, that it would " be necessary soon to rise and retire into their several counties to provide for the secu- rity thereof." Such provisional arrangements were therefore made for the support of the government as the circumstances of the time would allow, and on the 2d of December, the houses adjourned to the 18th of February next ensuing. The general situation of affairs throughout the State, had become in the mean time ex-
6 'The joint meeting took into consideration the necessity of choosing delegates to the Continental Congress, and upon the question as to the number, decided that five should be chosen. Richard Stockton, Jonathan D. Sergeant, Dr. John Witherspoon, Abraham Clark, and Jonathan Elmer, were appointed.
Minutes of Joint Meeting of November 30th, 1776.
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tremely critical ; the number and force of the enemy were such, that those of the people who remained steadfast in their opinions and views, were almost overawed, and the disaffected and indif- ferent found the opportunity they had sought or awaited, for join- ing with the invaders. The British Commissioners too, to strength- en the advantages they had gained, put forth a new proclamation, in which all persons assembled in arms against his Majesty's go- vernment, were commanded to disperse and return to their houses, and all civil officers to cease from their practices; and a full par- don was offered to those who should appear within a specified time before an officer of the Crown, claim the benefit of the offer, and subscribe a declaration acknowledging the royal authority. A number of the people of New Jersey, and among them, some of the principal men of the State, gave way to the temptation, and sacrificed patriotism to personal safety. But this was far from being the disposition of the mass of the people. There were timorous, and there were base and treacherous men, and these persons formed a class not inconsiderable in point of number. Yet a large majority of inhabitants held fast to the cause they had espoused, and most of the public officers continued in the discharge of their duties, so far as the circumstances of the time would permit.7 At length, and fortunately, at no late period, a favorable crisis took place in the affairs of the country. The victories gained by Washington, at Trenton and Princeton, near the close of the year, aroused the hopes of the Americans as much as they surprised and disappointed the British. By these critical enterprises, the spirit of the country at large was restored, and the greatest relief was given to New Jersey, the possession of the State by the enemy being completely broken for the time. 'The action of the State authorities was immediately resumed. The legislative bodies were convened by a notification from the Speak- er, on the 22d of January, 1777. Trenton, the place to which the houses had adjourned, was yet scarcely sufficiently freed from the presence of the military, or the effects of military occupation, to render it a suitable situation for the meeting and action of the
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