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 41
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
7 In the immediate course and vicinity of the victorious army, all civil govern- ment was unavoidably suspended for the time.
------
--
----
435
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
houses, and they were therefore directed to convene at Pitts- town.
The Governor opened the meeting by a message, in which he expressed his feeling on account of the depredations and cruelties that had been perpetrated in the incursions of the enemy, but con- gratulated the houses on the important successes of the American arms at Trenton and Princeton. He declared that there was no reason to be dispirited in the contest, unless the people and govern- ment were wanting to themselves ; but he yet insisted that the utmost efforts would be required, and that as the legislature must be sensi- ble of the entire inadequacy of the existing militia laws, he recom- mended that no business of inferior moment should be allowed to postpone the action of the houses on that important subject.
Before the business of the sitting was fairly entered upon, a rumor or an apprehension of new disturbances led to the adjourn- ment of the houses to a more remote situation, and accordingly they removed on the 29th, to Haddonfield, in the county of Glou- cester, where the session was continued. At an early period at- tention was directed to filling the places which had become vacant in the government. The Governor informed the houses that the Chief Justice of the State, Dehart, had refused to qualify in office, that another Justice, Tucker, in the recent period of danger, had - taken a protection from the British, and that a third, Hopkinson, had declined to enter upon duty on account of his appointment to an office by the Continental Congress.8 Robert Morris was ap- pointed Chief Justice ; Isaac. Smith, Second Justice, and John Cleves Symmes succeeded to the place of Hopkinson.
Much difficulty was experienced in framing the law in relation
8 Dehart had retired from the Continental Congress, of which he was a mein- ber, before the declaration of independence, and that circumstance, with his present refusal to enter upon office, caused him to be suspected of coldness to the American cause. Tucker was plainly deficient either in fidelity or firmness. He appeared in person before the joint meeting and offered his resignation, which was at once accepted. A few other public functionaries pursued a simi- lar course, and among them some of the members of the legislative bodies. One of the representatives from Essex, appeared in the Assembly, and informed the House that he had taken a protection, and desired leave to resign his seat. The Assembly resolved, that " no member having taken such protection is entitled to a seat in this House, and that the place of the member is vacated."
436 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
·
to the militia. This subject had been for some time before the houses, and was now again pressed upon their notice by a mes- sage from the Governor, including a communication from the Commander-in-Chief. The latter earnestly recommended that every man capable of bearing arms should be compelled to turn out, and not buy off his service for a trifling sum. "We want men," he said, " and not money." The Governor fully concurred in these views. But so rigid a course, if proper in point of policy, at a time when a new government had but just been established, could not have been carried out into actual practice. Beside the difficulty of bringing the entire active population into military service, there were many persons in the State, who believed themselves to be forbidden to engage in war, or warlike measures, and whom no earthly consideration could have induced to violate their principles. The attempt to force these persons to a direct participation, would have been oppressive and unwise, and would also have been in vain. In the bill that was passed by the Assem- bly, the principle of composition was retained, the House not being disposed to proceed to the extent advised by the Com- mander-in-Chief, and by the Governor. Whilst the bill was still pending, strenuous exertions were made to effect an alteration. The Governor declared that it gave him " inexpressible anxiety that the bill provided for the commutation of personal service by pecuniary fines. Such a regulation," he said, "in times of actual invasion, would prove utterly incompetent and nugatory, and he recommended in the most importunate manner, that a law should be passed, exacting personal service, or that the delinquent should find another in his room." In a communication to the Governor, Washington also expressed his surprise, that an Assembly, " who were eye-witnesses to the distresses and inconveniences that have their principal source in the want of a well regulated militia, can hesitate to adopt the only remedy that can remove them, and stranger still, think of a law that must necessarily add to the load of confusion." But the bill was passed in its original form, only with an increase in the amount, and an extension of the application of the demand for pecuniary composition. The Governor expressed his great regret at the result.s
9 General Putnam, who was then in command in New Jersey, inveighed
---
M
-
437
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
-
'The disappointment of the Governor in relation to the militia law, may have been somewhat relieved by the ready concurrence of the legislature in another measure proposed by his Excellency. In a message to the houses, he represented, that during the inva- sion of the State by an enemy, it was necessary, in order to a prompt and faithful execution of the laws, that a degree of au- thority should be exercised greater than was then committed to any persons or bodies in the State. He therefore recommended, that a body should be constituted, to consist of a President, Vice President, and a Council of twelve, (five of whom should consti- tute a quorum,) that they should be empowered to supply every vacancy in office occasioned by death, resignation, removal, or otherwise ; officers so appointed to be removable by the legislature at their next meeting, without impeachment, but if not then re- moved, to be afterwards removable in the same manner as officers regularly appointed. That the body should also be authorized to correspond with the Congress, and with other States, and to trans- act business with all the officers of government, and to prepare business to lay before the Assembly; to apprehend all persons suspected of dangerous designs against the State, and to commit them to any prison, taking an account of the charges against them ; to cause the laws to be faithfully executed; to recommend the Speaker to call together the General Assembly when necessary ; and to call out so many of the militia of the State as should be required to aid in carrying their orders into execution, according as the exigency of affairs might demand. These powers were to be exercised for the period of six months, unless sooner withdrawn by the legislature. The recommendation of his Excellency was considered by the houses, and was substantially adopted. A law was passed for investing the Governor and a Council of twelve
strongly against pecuniary compositions. He declared that he detested the practice of admitting it, and also, (as members of society,) the sect for whom it was introduced. He also gave orders which infringed upon the laws in this respect. But Governor Livingston, though he disapproved the laws, was op- posed to their violation, and represented the case to the Commander-in-Chief, wbo interposed his authority ; and Putnam also said, that he was far from wish- ing to counteract any decree of the State, " however absurd."
438 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
(the Council to be selected out of the legislative bodies,) with the authorities and powers expressed in his Excellency's message, to be exercised for the space of six months, unless sooner revoked.1º The bill for the support of the government, which had long been pending, was passed at this sitting, and became a law. It gave to his Excellency the Governor, six hundred pounds per annum, to the Chief Justice, three hundred, the third Justice, two hundred, and the Attorney General, forty pounds. Each delegate in Con- gress was to receive twenty shillings a day, each member of Council, ten shillings, and each member of the Assembly eight shillings.
: To devise means to meet the necessary expenses that were in- curred in the maintenance of the civil and military establishments, became a subject of early and earnest attention. The State au- thorities were not disposed to a further resort to the expedient of issuing bills,11 and the period was not thought favorable for in- creased taxation. Yet the demands upon the treasury were con- stantly increasing. The difficulty was also augmented in con- sequence of the imperfection in the relations or arrangements between the Continental and State authorities, in reference to finan- cial concerns. The Continental Congress, as has been seen, had issued bills, pledging the faith of the United States for their re- demption, though relying upon the several States for the means of fulfilling the engagement. The amount thus issued, constituted a fund for carrying on the war, and was held and controlled for this purpose by the Congress ; and that body having the control of the general operations of the war, as well as of the funds, would seem to have been the most proper authority for making disburse- ments. Yet the military raised in the several States, and engaged in the Continental service, returned to the governments of the States for the payment of their dues. Such at least was the case
10 The powers committed to this body were great, and nothing but the "exi- gency of affairs," and the limited period of its duration, could have justified the grant.
11 There were bills not yet redeemed, that had been issued by the Legislature of the colony, and also by the Provincial Congress. These were recognized as State currency ; were commonly termed "Old Money."
.
.
439
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
in New Jersey. This subject received the attention of the legis- lative bodies at the present sitting, and they resolved, " that for want of a proper mode of paying the militia that have been called out in the Continental service, many inconveniences have arisen, and are daily increasing, and that the Governor be directed to apply to the Honorable the Continental Congress and desire that they will be pleased to give directions for payment, and to establish some mode for regular payment in future." But the difficulty was not removed, and clamorous demands were afterwards made upon the State authorities. It was therefore again resolved, that the Governor should be requested to apply to Congress on the subject, and to urge that some expedient should be adopted for meeting the demands of the soldiery .. But with a view to the speedy relief of the applicants, the delegates of the State in Congress were instructed to obtain from that body the sum of one hundred thousand pounds, to be used according to a mode directed, for the payment of the troops.12 The increased demands upon the treasury were also met in part by a different expedient. A bill was passed for delaying the sinking of the respective quotas of the sinking fund tax for the years 1776 and 1777, and applying the same towards furnishing magazines of arms and stores.
The next sitting of the legislature (which was also held at Had- donfield,) began after a short recess, on the 7th of May, 1777. Measures were then adopted for the better protection of the well affected citizens of the State, against the designs of the enemy, and for the punishment of those who should be guilty of defection. The British still lingered at some points within the State, and were in
12 At a subsequent period, the depreciation of the Continental money rendered it impossible for Congress fully to meet their engagements. But at this time, (the beginning of the year 1777,) but about twenty millions had been issued, and the bills were mostly received at par. The embarrassment that began to occur in their circulation, did not excite aların, as it was attributed to causes which it was supposed might be controlled by legislation, and Congress enacted a law declaring that whoever in any purchase or sale, should rate gold or silver coin higher than the Continental bills, ought to be deemed an enemy to the country. And at this sitting, the Legislature of New Jersey passed an act " for preventing disaffected and evil minded persons from destroying the credit and reputation of the Continental bills of credit."
--
440
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
force in New York, and they pursued a course of irritating hostility, - suited rather to the arts of banditti, than to the movements of regu- Jarly appointed military forces. Their adherents in the State were incited to watch for individuals, and several persons of distinction were kidnapped and carried off, and rewards were set upon the heads of particular officers. Governor Livingston remarked, that " they were resolved to contaminate the British name by every species of infamy, rather than abandon their purpose of enslaving a free and unoffending people." To arrest this practice, a bill was prepared in the legislature empowering the Governor and Council of safety to apprehend and imprison such and so many persons known to be disaffected to the State, as might be thought sufficient to induce the enemy to release such of the citizens as had been kidnapped and carried off. Other measures of a vigorous character were adopted in reference to " traitors and disaffected persons." The Governor and Council of Safety were authorized to arrest and imprison all suspicious or suspected individuals, and an act was passed confiscating the personal estates of such as had deserted to the British, giving them, however, a period of grace in which they might return, and claim and take possession of their property, and receive full pardon, upon renewing their allegiance to the State. By this measure, many who had become sensible of their error, or were disappointed in the reception they had received, were reclaimed, and restored to citizenship.
Events of much importance to the country at large were oc- curring at this period. The Americans had been greatly in- spirited by the successes in New Jersey, and the hopes that arose in consequence, together with the indignation excited by the outrages of the English, had brought an important augmenta- tion to the forces of Washington. 13 But a movement from which
13 The conduct of the British in New Jersey tended, in a great degree, to ex- cite and confirm opposition. The peaceful and unresisting were plundered and abused, and the most wanton and cruel injuries were inflicted; and with a strange disregard to good policy, as well as good faith, no favor was shown even to those who had received written protection from the British. " The Hessians," says Gordon, " would not understand, and the British soldiers deemed it a foul disgrace that the Hessians should be the only plunderers." Universal indigna- tion was thus aroused.
.
441
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
much was expected by the British, was in progress; the plan already noticed for dividing the States by establishing a line from Canada to New York, had partially succeeded, and its final comple- tion was earnestly sought. The principal direction of this scheme was committed to General Burgoyne ; he was now advancing from
.
. the north, and had succeeded in taking Ticonderoga, and forcing his way to the Hudson. But he had arrived in the midst of a hostile country, where it was difficult to retreat or to advance, and where supplies could only be obtained by difficult and hazardous operations, and a detachment of his army which had been sent out to seize upon a quantity of provisions at Bennington, was met and defeated by a body of American troops under General Stark. . This event, which took place on the 15th of August, (1777,) together with others that quickly followed, rendered the situation of the British Commander extremely critical, and the at- . tention of all parties was earnestly directed toward the movements at that point. At this juncture, the Legislature of New Jersey again convened after a recess extending from the 7th of June to the 3d . of September.14 On the 8th, the Governor addressed the houses ; he congratulated them on the success of the American arms at Bennington, which he said reflected the brightest lustre on the officers and men, and gave the greatest encouragement to a con- tinuance in strenuous efforts. Several matters of pressing im- portance were recommended to the notice of the houses; his Excellency advised that measures should be taken to meet the debts of the State, which he said would be severely felt, unless seasonably discharged, and that an enactment for sinking a portion by tax, should directly be passed. He again brought forward the subject of the militia laws, and strongly insisted upon a change in their provisions ; he also recommended that a modification should be made in the law prescribing the punishment for high treason.">
" They again convened at Haddonfield, but on the 24th adjourned to meet on the 29th at Princeton.
" Under the constitution, the crime in question could only be committed against the colony, and not against the State, and hence the State courts could not consistently pronounce a judgment in proper form. Beside this, the exist- ing law allowed, or required the dismemberment of the criminal, which was
56
442 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY ..
A renewal of the acts constituting the Council of Safety was also recommended, the period for their continuance being nearly ex- pired. These several particulars received the attention of the legislative bodies. But the recommendation of the Governor in regard to provisions for the State debt, was not fully acceded to. Resolutions were adopted by both houses, direeting the Governor to call in the arrearages due from the counties on account of the sinking fund tax, and that the sinking of the bills should be de- ferred, and the amount be applied to meet the present demands. A bill' was also prepared to raise a fund by general taxation for defraying the necessary expenses of the State, but after protracted consideration, it was deferred to the ensuing session of the As- sembly. An enactment was. passed for continuing the Council of Safety, and in addition to their other duties and powers, they were authorized to give relief to such officers and privates of the militia,. as had been disabled in the service of the State, and to the widows . of such as had fallen; this was to be done in such manner as the . Council should . deem-equitable and necessary, and they were to draw upon the treasury for the amount so expended. " A law was also passed to ascertain the punishment for high treason. It pre- scribed that .when any one should be convicted, the sentence awarded, so far as respected the corporeal punishment of the offender, should be the same as in cases of murder; and that all commissions and writs which by the constitution were required to run in the name of the colony, should run. in the name of the . State.16 An act was passed explaining and amending the militia law, 17 and provision was made for bringing the forces of the State · into effective service. The houses. then rose and the session was closed.
Thus terminated the action of the first Legislature of the State. It had existed during a period of the greatest difficulty and danger; for a great portion of the time the State was overrun by a hostile
represented by the Governor as "so shocking and sanguinary, as the humanity of an American legislature cannot be presumed to have intended."
" Paterson's Laws, p. 38. By this act the provisions of the constitution were again unavoidably contravened.
" The general features of the law do not appear to have been changed.
443
FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.
force; . the government was new and untried; and many of the citizens, and some. of the public functionaries, proved fearful or unfaithful; and made their peace with the enemy. With a few exceptions, the members of the legislative bodies stood firm ; they continued, notwithstanding frequent interruptions, in the discharge. of their duties, and by their steadiness, together with the energy and determination of the Governor, order was preserved in the State, and its means and strength were directed in maintaining the cause of the country.
.
--
-
.
CHAPTER XXII.
SECOND LEGISLATURE .- ARTICLES OF CONFEDERATION .- FINANCIAL MEASURES.
·
THE new Legislature which was chosen on the 14th of October, met according to law, on the 28th of the same month, 1777. The houses were organized by the appointment of the former officers, John Stevens being chosen Vice President of Council, and John Hart, Speaker of the Assembly. On the 1st of November, William Livingston was unanimously re-elected, in joint meeting, to the office of Governor.1 Events of an important but varied character were now taking place. The critical situation of Gen. Burgoyne, has already been noticed. This officer had found it impossible to extricate himself from the situation in which he was placed, and * on the 18th of October, his entire army was surrendered. Soon afterwards, the garrison at Ticonderoga returned to Canada, and not a foe remained in the northern portion of the union. But oc- currences less favorable were passing in another direction. Whilst the movements in the north were in progress, Admiral and Lord Howe had entered upon an attempt against Philadelphia, the cap- ture of which place, together with the expected success of Bur- goyne's expedition, would, as was supposed, ensure the subjection of the country. The Commanders approached their object by a circuitous course ; the forces leaving New York were conducted by sea, advancing up the Chesapeake and landing at the head of the
* On the 20th, the joint meeting elected five delegates to the Continental Congress, viz : John Witherspoon, Abraham Clark, Jonathan Elmer, Nathaniel Scudder, and Elias Boudinot. It was said that the representation was made to consist of five, in order to give some relief to the members in their attendance, and that the State might not be put to unnecessary expense but three were to attend at the same time.
445
SECOND LEGISLATURE.
River Elk.' Their progress was resisted by Washington, at Bran- dywine, but without effect, and on the 26th of September, a detach- ment of the British army, under Cornwallis, entered the American . - Capital. Congress retired to Lancaster, whilst Washington con- tinued to hover in the vicinity of the enemy. In the Capital, as on the banks of the Hudson, the British found themselves strait- ened for want of supplies ; hence their necessities, as well as their. enmities, led them to frequent incursions into the neighboring country, and New Jersey being most exposed, was thus rendered, once more, the theatre of hostile movements.3 Such was the state of affairs at the time of the meeting of the legislative bodies. Be- side the presence of an enemy in the country, an evil of a different kind began to appear, and to be felt. The "sinews of war" began to be weakened. The money issued by the Continental Congress had hitherto served to enable the General, and the State authorities to carry on their operations; but the process of depreciation had now commenced, and quickly became a source of most serious difficulty. The bills had already declined in value nearly one-
The undertaking against Philadelphia would probably have been made through New Jersey, but the strong position of Washington, and the general movement of the militia of the State in his support, prevented the attempt.
? Washington being established in Pennsylvania, near Philadelphia, inter- cepted supplies from that direction, and Congress also declared the penalty of death against any who should furnish provisions to the enemy. They were thus obliged to depend upon a communication with their fleet by the Delaware, and the efforts of strong detachments in directions that were least protected. New Jersey, praticularly its lower portion, as being in the vicinity of Philadel- phia, as the seat of some of the works obstructing the Delaware, and as being destitute of a commanding force for its defence, was particularly exposed to at- tack, and suffered accordingly. On the 22d of October, a body of Hessians un- der Count Donop, marched down the Jersey shore and advanced against Fort Mercer, situated at Red Bank, on the Delaware. But the attempt entirely failed, and the Commander was mortally wounded. During the succeding months, several detachments were sent into the lower counties, where the greatest in- juries and outrages were committed; the fidelity of the people and of the militia was tested by offers of pardon and protection, as well as by proposals of full payment for cattle and forage, and by threats of vengeance against those who should resist, or incite to resistance. The temptations, however, except in a few instances, were offered in vain, and the attempts at punishment were inet by vigorous opposition.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.