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 46
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17|New York, New Jersey, Pennsylvania, Delaware, and Virginia.
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were desirous to guard the relative interests of the several parts. It was supposed by them, that this object, and indeed that the several objects proposed, might be fully reached by a modification in the form of the existing government. Their views were pre- sented to the Convention in what was called " the Jersey plan," which was arranged by the delegates of that State, those of Con- necticut, Delaware, and a portion of the delegation from Mary- land. 18 This plan was not adopted, the Convention resolving that
: 18 On the 15th of June, Mr. Paterson offered to the Convention the follow- ing propositions, as amendments of the articles of confederation : " Ist, That the articles of confederation ought to be revised, corrected, and enlarged, so as to render the federal constitution adequate to the exigencies of government and the preservation of the Union. 2d. That, in addition to the powers vested in the United States, in Congress, by the present existing articles of confedera- tion, they be authorized to pass acts for raising a revenue, by levying a duty, or duties, on all goods and merchandize of foreign growth or manufacture im- ported into any part of the United States; by stamps on paper, vellum, or parchment, and by a postage on all letters and packages passing through the general post office, to be applied to such federal purposes as they shall deem proper and expedient; to make rules and regulations for the collection thereof; and the same, from time to time, to alter and amend in such manner as they shall think proper. To pass acts for the regulation of trade and commerce, as well with foreign nations as with each other; provided that all punishments, fines, forfeitures and penalties to be incurred for contravening such rules and regulations, shall be adjudged by the common law judiciary of the States in which any offence contrary to the true meaning of such rules, shall be com- mitted or perpetrated, with liberty of commencing, in the first instance, all suits or prosecutions for that purpose in the superior common law judiciary of such States, subject, nevertheless, to an appeal, for the correction of all errors, both in law and in fact, in rendering judgment, to the judiciary of the United States. .3d. That whenever requisitions shall be necessary, instead of the present rule' the United States, in Congress, be authorized to make such requisitions, in pro- portion to the whole number of white or other free citizens or inhabitants, of every age, sex and condition, including those bound to servitude for a number of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes; that if such requisitions be no: complied with in the time to be specified therein, to direct the collection thereof in the non-complying States; and for that purpose to devise and pass acts directing and authorizing the same ; provided that none of the powers hereby vested in Congress shall be exercised without the consent of at least States, and in that proportion, if the confederated States should be hereafter
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the old form of government was not susceptible of such alteration and amendment as would render it sufficient for the purposes designed. But the new plan was so framed as to preserve in a de- gree the feature had in view by the representatives of New Jersey.
increased or diminished. 4th. 'That the United States, in Congress, be authorized to elect a federal executive, to consist of - persons-to continue in office for the term of - years-to receive punctually, at stated times, a fixed compen- sation for the services by them rendered, in which no increase or diminution shall be made, so as to affect the person holding the executive office at the time such alteration is made, to be paid out of the federal treasury-to be incapable of holding any other office or appointment during their term of service, and for - years thereafter; to be ineligible a second time, and removable on im- peachment and conviction for malpractices, or neglect of duty, by Congress, on application by a majority of the executives of the several States; that the ex- ecutive, besides a general authority to execute the federal acts, ought to appoint all federal officers not otherwise provided for, and to direct all military opera- tions; provided that none of the persons composing the federal executive, shall, on occasion, take command of any troops, so as personally to conduct any military enterprise, as general, or in any other capacity. 5th. That the federal judiciary be established to consist of a supreme tribunal, the judges of which to be appointed by the executive, and to hold their office during good behaviour-to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons in office at the time of such change; that the judiciary so established, shall have . power to hear and determine, in the first instance, on all impeachments of
. federal officers, and by way of appeal, in the dernier resort, in all cases touch- ing the rights and privileges of ambassadors-in all cases of captures from an enemy-in all cases of piracies and felonies on the high seas-in all cases in which foreigners may be interested in the construction of treaties, or which may arise on any act or ordinance of Congress for the regulation of trade, or the collection of the federal revenue; that none of the judiciary officers shall be capable, during the time they remain.in office, of receiving or holding any other office or appointment during their term of service, or for -years there- after. 6th. That the legislative, executive, and judiciary powers within the several States, ought to be bound by oath to support the articles of union. 7th. That all acts of the United States, in Congress assembled, made by virtue and in pursu- ance of the powers hereby vested in them, and by the articles of confederation, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States, as far as those acts and treaties shall relate to the said States or their citizens-and that the judiciaries of the several States shall be bound thereby in their decisions, anything in the respective laws of the individual States to the contrary notwithstanding; and if any State, or
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The government was constituted so as to be partly federal and partly national ; it was not to be composed of a mere aggregation " of separate parts, but these parts at certain points were fused into one body ; yet except at these points distinctness was preserved. A positive rule was established which was to operate upon all, and which within its sphere of operation was wholly to supersede the discretion or will of the States; yet beyond this sphere, the integrity and authority of the States were maintained. By this means a government was formed which whilst it pervaded the whole Union with such force as to ensure successful action, left all that was local in character to be controlled by the local authorities. The instrument being completed, it was signed in September, 1787, by the members of the Convention, and submitted for ap- proval and adoption.19 The Convention resolved that the Con- stitution should be laid before the United States in Congress assembled, and that in the opinion of the Convention it should afterwards be submitted to a Convention of delegates chosen in each State by the people thereof, under a recommendation of its legislature, for their assent and ratification. It was also resolved, that in the opinion of the Convention, as soon as nine States shall have ratified the Constitution, the United States in Congress as-
any body of men in any State, shall oppose or prevent the carrying into execu- tion such acts or treaties, the federal executive shall be authorized to call forth the powers of the confederated States, or so much thereof as be necessary to enforce and compel obedience to such acts, or an observance of such treaties. 8th. That provision ought to be made for the admission of new States into the Union. 9th. That provision ought to be made for hearing and deciding all disputes arising between the United States and an individual State, respecting territory. 10th. That the rule for naturalization ought to be the same in every State. 11th. That a citizen of one State, committing an offence in another State, shall be deemed guilty of the same offence as if it had been committed by a citizen of the State in which the offence was committed."
19 'Thirty-nine of the fifty-five members who attended the Convention, signed the Constitution. Of the remaining sixteen, some were in favor of it, but were obliged to leave the Convention before the instrument was ready for sign- ing. It was signed by all the members from New Jersey, except Abraham Clark. The list of names, however, varies in different places. In that given in the report of the delegates to the Legislature, besides the one just mentioned, the name of William C. Houston is also omitted.
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sembled should take measures for the election of a President, and .appoint the time and place for commencing proceedings under the new Constitution.
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. In accordance with the resolution of the Convention, the Con- stitution was laid before Congress, and that body unanimously agreed that the instrument should be transmitted to the several States for their action thereon. On the 26th of October, 1787, the delegates to the Convention from New Jersey reported the proceedings of the body to the legislature, with a copy of the Constitution and the accompanying resolutions. On the 27th the legislature resolved, that it should be recommended to such of the inhabitants of the State as were entitled to vote for Representatives in the General Assembly, to meet in their respective counties at the places fixed by law for holding elections, on the fourth Tuesday in November next ensuing, to choose three persons to serve as delegates from each county in a State Convention ; that the dele- gates so chosen should meet in Convention on the second Tuesday in December, to consider and decide upon the Constitution, and that the Sheriff's of the respective counties should give timely notice to the people, of the time, place, and purpose of holding the elections. These resolutions were embodied in an act authorizing the people of the State to meet and act in Convention, which act was passed on the 30th of October.2º In pursuance of these pro- visions, elections were held in each of the counties, and the dele- gates chosen met in Convention at the time and place appointed, and on the 18th of December, 1787, the Constitution was unani- mously accepted and ratified.21 New Jersey was the third State
20 Votes, vol. 7, p. 25.
21 John Stevens was chosen President of the Convention, and Samuel W. Stockton, Secretary. It was agreed that the Constitution should be read and considered by sections ; but scarcely any debate took place, and no amendment was proposed. The whole having been read, the general question was taken, " whether this Convention, in the name and in behalf of the people of this State, do ratify and confirm the said Constitution ?" it was determined in the affirmative unanimously. The Convention also resolved that "it is the opinion ` of this Convention that the State of New Jersey should offer a cession to Con- gress of a district not exceeding ten miles square, for the seat of government of the United States, over which they may exercise exclusive jurisdiction."
Minutes of Convention.
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to adopt the Constitution, being only preceded by Delaware and Pennsylvania.
The proceedings of the State Convention were communicated to the legislature at a special meeting, on the 28th of Angust, 1788, by a letter from the Secretary of the Convention, with a copy of the minutes. A communication on the subject was also received from the Governor. His Excellency said, " I most heartily con- gratulate you on the adoption of the Constitution proposed for the government of the United States, by the Federal Convention, and it gives me inexpressible pleasure that New Jersey has the honor of so early and so unanimously agreeing to that form of National Government which has since been so generally applauded and ap- proved of by the other States. We are now arrived to that auspicious period which, I confess, I have often wished that it might please Heaven to protract my life to see. Thanks to God that I have lived to see it."
According to the Constitution, the National Legislature was to consist of Senators and Representatives. Two Senators were to be chosen in each State by the legislature thereof for six years.22 The Representatives in each State were to be chosen by the peo- ple, the number to be in proportion to the population, but until an enumeration should be made, and the respective numbers thus . determined, a specific apportionment was made. New Jersey was to have four. Electors of President were to be appointed in such manner as the legislature should direct, and to be equal in number to the whole of the Senators and Representatives.
The ratification of the Constitution by the necessary number of States having been communicated to Congress, an act was passed on the 13th of September, 1788, for carrying the system into effect; . by this act the Electors of President were to be appointed on the first Wednesday in January, 1789, and to give their votes on the first Wednesday of the succeeding February, and the legislative bodies were to meet at New York on the first Wednesday in March, 1789. The several measures contemplated, were taken in
22 Upon their meeting, the Senators were to be classified-the seats of the first class to be vacated in two years, the second in four years, and the third in six years.
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New Jersey. On the 25th of November, 1788, William Paterson and Jonathan Elmer were chosen by the legislature in joint meet- ing, to represent and vote on behalf of the State in the Senate of the United States, and Representatives in Congress, and Electors of President were chosen according to the provisions made in the case. 23
. At the time appointed, Senators and Representatives appeared from eleven of the States, but a quorum of both houses did not attend until the 6th of April. Upon counting the Electoral votes, it appeared that George Washington was unanimously chosen President, and that John Adams was elected Vice President. Upon being informed of his election, the President immediately repaired to the seat of government and entered upon the duties of his elevated office. Soon after their meeting, the legislature of New Jersey prepared an address to the President, congratulating him upon his appointment, and assuring him of their willingness to support him in the due execution of the laws, and in the preserva- tion of public tranquillity.
Among other important matters, the subject of amendments to the Constitution was brought before Congress at their first sitting by petitions from Virginia and New York, asking that another Convention might be held for a fuller consideration of several par- ticulars, and for preparing amendments. The States just men- tioned were opposed to the Constitution without some alteration. But according to previous agreement, the instrument had already come into force, and Congress had no authority to call another Convention ; but amendments might be made and proposed to the States for their adoption. This was now done. After full con- sideration and discussion, twelve articles were agreed to by Con- gress as amendments. These articles were brought before the legislature of New Jersey by a message from the Governor, on
23 At the same time that the Senators were appointed, Abraham Clark, Jona- than Elmer, and Jonathan Dayton were appointed Representatives in Congress, to serve until the 4th of March ensuing, (at which time the new government was to go into effect,) unless others should be appointed in the mean time. On the 28th, an act was passed providing for the election of Representatives in Congress by the people.
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the 29th of October, 1789, and the subject was acted upon by agreeing to all the articles except the second.24
During its session the Congress agreed upon measures for the establishment of a revenue to support the government and dis- charge the public debts ; duties were laid for these purposes upon imports, and on the tonnage of vessels. The several departments of government were arranged and established, a national judiciary was erected, and the salaries of the several officers of government determined. The houses adjourned on the 29th of September, to meet on the 6th of January, 1790. A most important as well as difficult subject of consideration of the second session, was that relating to the public debt, and especially as to the assumption of the debts of the States incurred in the prosecution of the war. After animated debate, a law was passed on the 4th of August making provision for the debt of the United States, by which act a specific amount (twenty-one millions,) of State debts was as- sumed. This sum was apportioned among the States with regard to the amount of the debts of each. Eight hundred thousand dollars was apportioned to New Jersey.25 'The sum thus assumed Was to be loaned to the United States at determined rates of in- terest by individuals holding certain evidences of States debts.
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During the session of the legislature of New Jersey in 1790, further enactments were made in order to complete and perpetuate the relations between the State and the Federal Union. On the
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24 Ten of the articles submitted to the States were confirmed by two-thirds of the States, as required by the Constitution. The first and second articles, which related to the number of the House of Representatives, and to the com- pensation of the members of the houses, were rejected. Another amendment of the Constitution, relating to the manner of electing the President and Vice President, which was recommended by Congress to the States, was ratified in New Jersey, by an act of the 27th of February, 180-4.
25 By message from the Governor, on the 25th of November, 1791, it ap- peared that the commissioner of taxes for New Jersey had completed his esti- mate of the debt of the State, subscribed to the loan proposed by the United States, and that it then did not quite amount to six hundred thousand dollars, but as it was supposed that many persons had been prevented from coming in to subscribe, a resolution was adopted by the Legislature, that an application should be made to Congress for an oxtension of the time prescribed for the sub- scription.
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12th of November an act was passed directing particularly the manner of appointing Senators, and Electors of President and Vice President. 25 An additional enactment was also made regulating the mode of electing Representatives in Congress.
The place for the permanent establishment of the government was also selected ; by act of the 25th of November, it was pro- vided that Trenton, in the county of Hunterdon, should henceforth be considered as the seat of the government of the State. At this . period a change took place in the administration of government. Governor Livingston had remained in office from the time of the first establishment of the government; he had continued steadily at his post during the difficult and perilous season of the war; he had assisted in framing the general government, and used his in- fluence in favor of its adoption, and at length, as the fulfilment of his hopes, and the reward of his services, witnessed the complete establishment of the independence, and the Union of the States. He died on the 25th of July, 1790. He was succeeded by William " Paterson, who was elected on the 29th of October, and who con- tinued in office until March, 1793, when he resigned in conse- .quence of his appointment to the place of Associate Judge of the Supreme Court of the United States. He was succeeded by Richard Howell.
The civil and political history of the State of New Jersey, though merged from this period to a greater degree than before in that of the United States, is still of interest and importance. Yet the merest summary only can here be given.27
. Governor Howell continued in service until October, 1801, when Joseph Bloomfield was appointed, who then served but for a single term. In 1802, there being no choice of Governor, John Lambert, the Vice President of Council, performed the duties of the office for that year, but, in the following year, 1803, Governor Bloomfield was re-elected, and remained in office until 1812. IIc.
26 See Paterson's Laws, p. 102. In December, 1807, an act was passed pro- viding for the choice of Electors of President and Vice President, by popular election, and also further providing for the election of Representatives in Congress.
27 The limits allotted for the present work being already much exceeded, the author is compelled to refrain from all details, and give only a few of the lead- ing occurrences of the remaining period.
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was then succeeded by Aaron Ogden, who in the following year gave place to William S. Pennington. Governor Pennington was followed in 1815 by Mahlon Dickerson, and the latter in turn was succeeded in 1817 by Isaac H. Williamson. Governor William- sop remained in office until 1829, when Garret D. Wall was ap- pointed ; but he declining to serve, a new election took place a few days afterwards, and Peter D. Vroom was chosen. By an- nual re-election, Governor Vroom was continued in the place until 1832, and was then followed by Samuel L. Southard. In Feb- ruary, Governor Southard being chosen to the United States Senate, on the 27th Elias P. Seely was elected Governor ; but in the following year Governor Vroom was again chosen, and re- mained in office until 1836, when he was succeeded by Philemon Dickerson. The next year William Pennington was chosen, and was continued in office until 1843, and was then followed by Daniel Haines.
At the close of the Revolutionary war, there were thirteen counties in New Jersey.^ The subsequent advance in population and business, rendered it necessary to establish new divisions, and six other counties have been added. The county of Warren was erected in 1824, Passaick and Atlantic in 1837, Mercer in 1838, Hudson in 1840, and Camden in 1844. All these were clothed at once with the same privileges and powers that were possessed by the older counties.
The government of the State, although established in haste, and at a period but little favorable to deliberation and care, was found so far suited to the wishes and wants of the people that no earnest exertions were made for any alteration. So early as 1790, indeed, a proposition was considered in the legislature to choose a Con- vention for the purpose of revising the Constitution, and at subse- quent periods similar movements were made. But these measures were not pursued at the time, and a decided manifestation of sen- timent did not occur until the year 1843. At that time meetings were held in various places within the State, to consider the subject and to make a proper expression of opinion in relation to it; and
13 Bergen, Essex, Middlesex, Monmouth, Somerset, Burlington, Gloucester, Salem, Cape May, Hunterdon, Morris, Cumberland and Sussex.
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with similar objects, publications were put forth and circulated among the people. The mark of colonial dependence which was yet retained in the provision for a return to a connexion with Great Britain, although it could now have no possible practical bearing, and therefore could hardly be made a matter of serious objection, was yet offensive to the feelings, and thus probably gave strength to the desire for a revision or complete abrogation of the existing instrument. But the undue amount of authority given to the legislature ; the improper union of powers in the per- son of the executive ; the imperfect organization of the judiciary, and the restrictions upon the electors, and the elected, in the pro- perty qualifications required of them, were especially objected to, and urged as reasons for a change. Some of these objections in- deed, were somewhat more formidable in appearance than in fact, and others had been removed in part by legislative provision. But it was urged that defects should be removed if practicable, even if not productive of serious injury ; and the relief that was obtained by legislative interference, whilst it was readily accepted, was yet considered as strengthening the objections against the in- strument itself. If the provisions of the Constitution, it was said, were such that it had become necessary to violate them, it was full time that an alteration should be made. At the session of the legislature cominencing in October, 1843, numerous petitions were presented asking that an enactment might be made to call a Con- vention of the people to revise and alter the Constitution. By a number of persons the idea was held, that the object proposed might be fully and properly attained by the immediate action of the legislative bodies ; whilst others were of opinion that the ques- tion as to calling a Convention of the people should first be sub- mitted to a popular vote. The subject was adverted to by Gover- nor Haines, (who had been elected to office soon after the meeting of the legislature,) in a message of the 10th of January, 1844. He said, "you will allow me to remind you that the formation or alteration of the fundamental law of a State, is the province of the people in their highest sovereign capacity, and not the duty of the legislature, who are delegated to act in obedience to that funda- mental law. The same voice that asks a change of the Constitu- tion, asks that change through the medium of a Convention ; and
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