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 42
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half. At an early period, Governor Livingston directed the atten- tion of the legislative bodies to this subject. He stated that the Continental money had fallen in value below the bills of the State, and of the neighboring States, and that the former were frequently .. exchanged at a loss for the latter. . He was inelined- to attribute this depreciation to the evil offices of the enemies of the country, pand characterized the exchange above mentioned as an "infamous traffic." He recommended for the purpose. of checking it, that the State bills should be called in and exchanged for Continental- money, and that the passage of the former should be entirely pro- hibited after a specified time, or if this expedient should not be approved, that a heavy fine should be imposed upon those who should be concerned in such exchanges. . A similar recommenda- tion was soon afterwards made by Congress. . But. no penal re- gulations could long suffice to maintain the circulation of money that had been issued without any such provision as would ensure its redemption. . Congress had no means of, sinking the amount; they had made engagements by the issue of bills, relying upon the "". States to redeem the amount apportioned to them respectively; but as yet, little evidence had been given that the States would be ready, or able to meet the obligation. At the same time that the resources of the country were becoming doubtful, its necessities were increasing. The army was in the most destitute condition. Governor Livingston represented to the legislature that the Jersey troops in the Continental service were in want of clothing of every kind, and that unless some steps should directly be taken to sup- . .ply them, they would be unable to keep the field. That the Clothier General found it impossible to procure supplies, and it was incumbent upon the different States to contribute to their aid.4
. The situation of the troops at this time, and during the subsequent winter, whilst they lay at Valley Forge, was truly deplorable. By their resolute en- durance they were enabled to keep up the appearance of threatening the enemy, who fortunately were ignorant of their real condition, but large numbers were totally unfitted for active service. The Legislature of New Jersey made as early and as full provision as was possible for the relief of their troops. A law was passed for procuring articles of clothing and furnishing them to the regiments. Such supplies were afterwards continued according to the urgent recommenda -. tions of Congress, and a special arrangement was made for the purpose.
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."A man of sensibility," he said, "cannot but feel for brave men, fighting for their country at an inclement season, many of them without shoes, stockings, warm clothing, or even blankets to lie on." Further provision was also required for the increasing numbers of the soldiery who were sick and disabled, and for as- sisting their families. . Aid was likewise demanded for a class of sufferers of a different description; numbers of the citizens of the State had been carried off by the enemy, and were thrown into prisons in New York, or elsewhere, and- left in a state of the greatest destitution, and such persons not being considered as . prisoners of war, did not come within the immediate notice of the Commissary General of Prisoners. It was regarded as the duty .of the State, as well as demanded by humanity, that some provi- sion should be made for persons so unfortunately circumstanced. A special commissioner was therefore appointed3 to furnish flour and fuel for their use; to be appropriated to the objects under the care and direction of the Commissary General of Prisoners.
The measures of the legislature were directed to provide the means for supplying these various demands. Notwithstanding the depreciation of the Continental money, the confidence, or the hopes of legislators as to the soundness of this currency, together with the necessities of the times, led to a continued resort to its use, and it was hence resolved, that application should again be made to .Congress for a sumi sufficient to discharge the amount due to the . military, in the Continental service: : An enactment, better calcu- lated to give permanent relief, was also agreed to; the bill of the former session, to raise a fund by taxation for discharging the debts and defraying the expenses of the State, was again taken up, and after some delay, was finally passed. For the purpose of improving the finances. (as well as a measure of public justice,) a law was passed for taking possession of the property, both real and personal; of such individuals as should leave the State and join themselves to the enemy. Congress had recommended that the estates of all persons who had forfeited their right to protec- tion, should be confiscated and sold; but the legislature pursued a more lenient course; the law now passed made provision for taking
' Abraham Van Neste, Esq.
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possession of, and leasing the real estate, and that the personal property only should be forfeited.6
Whatever difficulty might be experienced by the States, or by any State, in their struggle, no change was made in the temper of the people; they were still resolved to persist in their course. For the better prosecution of their purposes, a more perfect union among the States was considered desirable, and with this view a plan was devised and adopted by Congress ;. it was agreed to on the 15th of November, 1777. By this system, the thirteen States were to form a confederacy under the style and name of the "United States of America;" all the States to assent thereto by their legislatures, with instructions to their delegates in Congress to ratify the same.
The tenacity of purpose which was thus exhibited by the Americans, together with the actual success they had gained, were productive of results beyond those that were exhibited in their domestic affairs ; it won them a character abroad. The capture of Burgoyne, the determined opposition to Howe, and the earnest pursuit of their aims, demonstrated the energy and ability of the people of the States, and their firm determination to maintain in- dependence. In consequence, those nations whose assistance and favor had been hitherto withheld, or but cautiously and covertly given, were stimulated to open engagements. France especially," the ancient enemy of England, had been earnestly watching the contest, and only awaited the moment when prudence would war- rant her in joining therein. The occurrences just noticed decided the course of the court. On the 16th of December, the American Commissioners already at Paris, were informed, by order of the King, that his Majesty had determined to recognize the indepen- dence of the United States of America, and to conclude a treaty
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. At the next session of the Assembly a still more rigid enactment was made; an act was passed for forfeiting and vesting in the State the real estates of certain fugatives and offenders, satisfying the lawful debts and demands against them. All persons who had aided and assisted the enemies of the State or of the United States, by joining their armies within the State or elsewhere, or who had voluntarily gone to, or taken refuge, or continued with, or endeavoured to continue with the enemy, and aid them by council, or otherwise, were included.
Paterson's Laws, p. 40.
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of alliance and commerce with them, and that he would not only acknowledge their independence, but would actually support it by every means in his power.7
These important matters were brought before the present legis- lature of New Jersey. The "articles of confederation and per- petual union between the States," were submitted to the Assembly
" According to the principles of the family compact between France and Spain, the latter was to be consulted before the agreement made by France could be fully concluded, and the concurrence of the Spanish, court was accordingly so- licited. But Spain refused her assent at the time. Notwithstanding this, the French King persisted, and on the 6th of February, 1778, a treaty of commerce was signed by Franklin, Deane, and Lee, on the part of the United States, and by M. Gerard on the part of France, together with a treaty of defensive alliance in case war should be the consequence. The conclusion of the treaty with France, with the events that had led to that measure, produced a powerful im- pression in England. "When the account of the treaties of the 6th of February had reached Whitehall," says Laurens, "administration were perplexed, they were stunned; Lord Mansfield, in tears, applied to Lord Canden, as a good. man, to interpose for the salvation of the country." An attempt soon followed to effect a reconciliation with America. Even before the conclusion of the French treaty was known, conciliatory bills had been introduced into Parlia- ment, and whilst pending there, were sent to the United States; soon afterwards these bills were passed, and three Commissioners, the Earl of Carlisle, Governor . Johnston, and Mr. Eden, were appointed to visit America. They were to en- deavour to procure the acceptance of the proposals made by the Ministry, and to counteract what was called the "insidious interposition" of France. The Commissioners resorted to every means, and some not of the most honorable character, to effect their purpose. But though the offers that were made were such as might once have been accepted, they came too late. The Ministry were willing to allow the demands of the Americans, provided they would re- turn to their former state, and acknowledge allegiance to England. But since the recent events, especially the alliance with France, Congress and the people considered themselves secure of independence, and the Commissioners were in- formed, that any acts or proposals founded on the idea of dependence were wholly inadmissible, and that the only solid proof of a desire for reconciliation and peace, would be an acknowledgement of the independence of the States, and the 'speedy withdrawal of all hostile forces. To this decisive declaration, the Commissioners inade but an evasive reply, and their exertions terminated with an offer of pardon to all persons who should, within forty days, withdraw from the civil or military service of the States, and continue good and peaceable subjects of the British King, an offer which none were now disposed to accept. 57
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on the 4th of December, 1777, with an address from Congress recommending immediate attention thereto. The adjournment of the bodies soon afterward, prevented direct, compliance, but on the meeting of the houses, early in February, their- attention was again directed to the subject, and on the 26th the articles were read and entered on the journals. On the 29th of May, in- formation of the treaty with France was communicated to the houses by the Governor. "I heartily congratulate you," he said, "on the agreeable news from France. As we were at first com- pelled into a declaration of independence, it was the highest wis- dom to solicit a suitable alliance for its security and support; to both these measures we may appeal to the whole world, that we were driven by a tyrannical King, a venal Parliament, and a flagitious Ministry. We want now," he said, "but one spirited and general effort to expel the remnant of banditti from the Conti -. nent, and forever emancipate ourselves into complete and uninter- rupted liberty." The "spirited and general effort" was not delayed. Earnest exertions were made by Congress and the · States, and the new allies were not lacking in giving their sup- port. The treaty with the French did not prove a mere empty agreement; not long after its completion, a Minister (M. Gerard,). was sent to America, accompanied with a powerful fleet. The immediate object of the naval force was to shut up the Delaware, and thus not only to intercept the British fleet, but to cut off sup- plies from the army at Philadelphia. But the armament did not arrive until some days after the departure of the English army and fleet. Secret orders had been given for the evacuation of . : Philadelphia, and on the 18tl of June, Clinton (who had suc- ceeded Howe in-command,) departed for New York, proceeding across New Jersey. Washington immediately followed, and com- ing up. with the enemy at. Monmouth, a severe engagement en. sued. The result was not decisive, but it was followed by'a more rapid movement of the English, who soon afterwards passed into New York, and Washington took post on the Hudson.
The consideration of the articles of union between the States, was yet pending ; as already noticed, the plan had been submitted to the legislature of New Jersey, and on the 25th of March, com- mittees of the two houses were appointed to consider and make
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report thereon. A report which was characterized by much ability was made by the joint committee on the 15th.of June. Several objections to the plan were stated and presented at length. The committee said : . ..
*1. That in the fifth article, where, among other things, the qualifications of the delegates from the several States are described, there is no mention of any oath, test, or declaration, to be taken or made by them previous to their admission to seats in Congress. It is indeed to be presumed that the respective States will be care- ful that the delegates they send to assist in managing the general interests of the Union, take the oaths to the government from which they derive their authority; but as the United States, collectively considered, have interests as well as each particular State, we are of opinion that some test or obligation binding each delegate, while he continues in the trust, to consult and pursue the former as well as the latter, and particularly to assent to no vote or proceeding which may violate the general confederation, is necessary. The laws and usages of all civilized nations evince the propriety of an · oath on such occasions, and the more solemn and important the deposite, the more strong and explicit ought the obligation to be.
"2. By the sixth and ninth articles, the regulation of trade seems to be committed to the several States, within their separate jurisdictions, in such a degree as may involve many difficulties and embarrassments, and be attended with injustice to some States of the Union. The committee arc of opinion that the sole and exclusive power of regulating the trade of the United States with foreign nations, ought to be clearly vested in the Congress, and that the revenue arising from all duties and customs imposed thercon, ought to be appropriated to the building, equiping, and manning of a navy for the protection and defence of the coasts, and to such other public and general purposes as to the Congress shall secm proper, and for the common benefit of the States. This principle appears to us to be just, and it may be added, that a great security will by this means be derived to the Union from the establishment of a common and mutual interest.
"3. It is wisely provided in the sixth article, that no body of forces shall be kept up in any State, in time of peace, except such number only as, in the judgment of the United States in Congress
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assembled, shall be deemed requisite .. to garrison the forts neces- sary for the defence of such State. We think it ought also to be provided and clearly expressed, that, no body of troops be kept up by the United. States in time of peace, except such number only as shall be assented to by nine of the States. A standing army, a military establishment, and every appendage thereof, in time of peace, is totally abhorrent from the ideas and principles of this State. In the memorable act of Congress, declaring the United Colonies free and independent States, it is emphatically mentioned as one of the causes of separation from Great Britain, that the Sovereign thereof had 'kept up among us, in time of peace, standing armies, without the consent of the legislatures.' It is to be wished the liberties and happiness of the people may, by the confederation, be carefully and explicitly guarded in this respect.
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: "4. In the eighth article, we observe, that as the frequent set- tlements of the quotas for supplies and aids to be furnished by the several States in support of the general treasury will be requisite, so they ought to be secured. It cannot be thought improper or unnecessary to have them struck once at least in every five years, and oftener if circumstances will allow. The quantity or value of real estate in some States, may increase much more rapidly than in others, and therefore the quotas which are at one time just, will at another be disproportionate.
"5. The boundaries and limits of each State ought to be fully fixed and made known. This we apprehend, would be attended with very salutary effects. by preventing jealousies as well as con- troversies, and promoting harmony and confidence among the States. If the circumstances of the times would not admit of this, previous to the proposal of the confederation to the several States, the establishment of the principles upon which, and the rule and mode by which the determination may be conducted, at a time more convenient and favorable, and a provision for despatching the same at an early period, not exceeding five years from the final ratification of the confederation, would be satisfactory.
- "6. The ninth article provides, that no State shall be deprived of territory for the benefit of the United States. Whether we are to understand that by territory is intended any lands, the property
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of which was heretofore vested in the Crown of Great Britain, or that no mention of such lands is made in the confederation, we are constrained to observe that the present war, as we always ap- prehended, was undertaken for the general defence and interest of the confederating colonies, now the United States. It was ever the confident expectation of this State, that the benefits arising from a successful contest were to be general and proportionate, and that the property of the common enemy, falling in conse- quence of a prosperous issue of the war, would belong to the United States, and be appropriated to their use. We are there- fore greatly disappointed in finding no provision made in the con- federation for empowering the Congress to dispose of such pro- perty, but especially of the vacant and unpatented lands, commonly called the Crown lands, for defraying the expenses of the war, and for other such public and general purposes. The jurisdiction ought, in every instance, to belong to the respective States, within the charter or determined limits of which such lands may' be seated; but reason and justice must decide, that the property which existed in the Crown of Great Britain previous to the present revolution, ought now to belong to the Congress, in trust, for the use and benefit of the United States. They have fought and bled for it in proportion to their respective abilities, and there- fore the reward ought not to be predilectionally distributed. Shall such States as are shut out by situation from availing themselves of the least advantage from this quarter, be left to sink under an enormous debt, whilst others are enabled, in a short period, to re- place all their expenditures from the hard earnings of the whole confederacy.
"7. The ninth article also provides that the requisitions for land forces to be furnished by the several States, be proportioned to the number of white inhabitants in each. In the act of inde- pendence we find the following declaration, 'we hold these truths to be self-evident, that all men are created equal: that they are endowed by their Creator with certain inalienable rights, among which are life, liberty, and the pursuit of happiness.' Of this doctrine, it is not a very remote consequence, that all the inhabi- tants of every society, be their color or complexion what it may. are bound to promote the interests thereof, according to their re-
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spective-abilities.". They.ought therefore to be brought into the account on this occasion. But admitting necessity or expediency io justify-the refusal of liberty in-certain circumstances, to persons of a particular color, we think it unequal to reckon nothing upon such, in this case. . Should it be improper, for special local reasons to admit them in arms for the defence of the nation, yet we con- ceive that the proportion of the forces to be embodied ought to be fixed according to the whole number of inhabitants in a State, from whatever class they may be raised. If the whole number of inhabitants in a State, whose inhabitants are all white, both those who are called into the field and those who remain to till the ground and labor in the mechanic arts, and otherwise, are reckoned in the estimate for striking the proportion of forces to be furnished by that State, ought even a part of the latter description to be left out in another? As it is of indispensable necessity in every war that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be the same propriety that persons of a dif- ferent color who are employed for the same purpose in another, should be reckoned in the amount of the inhabitants in the present instance.
"8. In order that the quota of troops to be furnished in each State on occasion of war, may be equitably ascertained, we are of opinion that the inhabitants of the several States ought to be numbered as frequently as the nature of the case will admit, and at least once every five years. The disproportionate increase in the population of different States, may render such provision absolutely necessary.
"9. It is further provided in the ninth article, that the assent of nine States, out of the thirteen, shall be necessary to determine in sundry cases of the highest concern. If this proportion be proper and just, it ought to be kept up should the States increase in number, and a declaration thereof made for the satisfaction of the Union."8
" This report was signed by order of the joint committee, by Stephen Crane. of the Council, and Peter Tallman, of the House of Assembly.
Votes, vol. 5, p. 146.
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After the reading of the report, new committees were appointed to draw up a representation fo Congress on the subject, and on the 16th of June a draught of such representation was presented ; embracing with slight alterations the report of the former com- mittee ; it was adopted by the houses, and was ordered to be im- mediately forwarded to Congress. The representative bodies stated that "we think it our indispensable duty to solicit the .at- tention of Congress to these considerations and remarks; and to request that the purport and meaning of them be adopted as a part of the general confederation; by which means we apprehend the . mutual interests of all the States will be better secured and pro- moted, and that the legislature of this State will then be justified in ratifying the same." "The question was taken in Congress whether the purport and meaning of the several amendments pro- posed by New Jersey should be admitted as a part of the confed- eration, and was decided in the negative, three States in the affir- .. mative, six in the negative, and one divided. The amendments
... proposed by other States were also negatived. In July (1778,) form of ratification was adopted in Congress, and the articles were signed by the delegates of all the States except New Jersey, Dela- ware, and Maryland. . A letter was sent to these States urging their attention to the subject. On the 14th of September this letter was laid before the legislature of New Jersey by the Governor. . His Excellency remarked that it was of the highest importance, that the confederation should be ratified by all the States with all convenient despatch, and he was happy that no obstruction had been given on the part of this State, except that which arises from certain objections to some of its articles, of which that against the unequal appropriation of the lands lately called Crown lands, ap- pears of too great moment to the interest of the people of the State to give up. He could not conceive that the "patriotism and good sense" of the State required the legislature to instruct the dele- gates to ratify the confederation, trusting to future deliberations to make such alterations and amendments as experience may show . to be- expedient and just, while tho patriotism and integrity of - the present Congress deferred that justice, which it was in their power instantly to grant, to a future Assembly, concerning whose alterations and amendments no certain conclusion could be formed.
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