USA > New Jersey > Documents relating to the revolutionary history of the state of New Jersey, Vol. III > Part 52
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If then all other measures, however wise and salutary, will prove insufficient to work the salvation of our currency, without a regula- tion of prices to compel the disaffected and avaricious to conform to what is equitable and consistent with the publick safety ; and if this regulation, in order to answer the end proposed, should be general and uniform, we conceive that it ought to originate with Congress, and be thence diffused through the union. Was it to take its rise in any other quarter, its being either general or uniform could hardly be expected. If your honourable body take the matter up, and form a general system or plan of regulation, and recommend it to the several states, in terms as forceable as the necessity of the case will bear, we have the most pleasing apprehensions that it will, without delay, take place in the fullest and amplest manner. It is impossible indeed for us to entertain so unfavourable an opinion of the justice or pub- lick virtue of our sister states, as to doubt their compliance. For although artful, designing men may raise plausible objections against any measure, however wise or essential to the publick safety it may be, and indeed are accustomed so to do, whenever a measure is pro- posed that happens to thwart their, or their connexions, views of interest or ambition ; yet the necessity of this we now propose, is so obvious and exceedingly pressing, that if Congress should put it in the line of success we have mentioned, we think no state, or indi- vidual, not greatly deficient in publick virtue and common honesty, can think of opposing it.
It may however be objected, in order to prevent its being taken up, that as several of the states refused, or rather declined, to regulate under a former recommendation of Congress, it is not to be sup- posed that they will now come into the measure. But this objection, we presume, will appear to have but very little weight, when it is considered, that at the time, when that recommendation went forth, the necessity of a regulation did not appear one thousandth part as evident and pressing as it now does. Multitudes who were then strenuously opposed to the measure, are now as anxious to see it
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take place. They are convinced that taxation, during the continu- ance of the war, without a regulation of prices, will not have any sensible effect for remedying the evils we complain of.
Every vender, say they, will raise upon the articles he has for sale, in order the better to enable him to pay his tax; and thus prices will go on rising, our money depreciating, and our debt increasing, until we become a ruined and a wretched people.
With regard to the mode of regulating, we would leg leave to ob- serve, that if prices should be fixed at any certain standard not to descend, we fear it will answer no very valuable purpose. Those who . would wish to break through the regulation, will only need to with- hold what they have for sale, and the business will be done ;- the scarcity will soon compel the publick to yield to their avarice. Nor will they run any risk of loss in withholding; the chance will be altogether in their favour. But if prices are reduced by moderate and regular gradations, and at certain short periods, the case will be different; this will operate like a falling market; it will induce people to exhibit to sale whatever they may have to spare, in order to avoid the loss that must necessarily attend a contrary conduct, and perhaps to take less than even the regulated prices, thereby to quicken the sale of their goods. Thus will many articles become plenty that now appear scarce; our money daily appreciate, and our expences diminish, until the publick credit is again restored, and our affairs fixed upon a safe and permanent footing. Farmers, and every other order of men, will exert themselves to get something to sell, be- cause they will expect to receive something for it of value.
Having thus set forth some of our ideas and apprehensions re- specting the present state of our money, and what we conceive is further to be expected, unless something spirited is done to check the current of depreciation ; we shall now conclude, with entreating Congress once more to take the matter up, and use their utmost en- deavours to. set on foot, and extend through the union, a general regulation of prices.
Saturday last the General Assembly of this State ad- journed. During their Sitting they passed the following acts :-
1. An Act to procure a supply of flour for the use of the army.
2. An Act for the relief of John Gill, of the township of Newtown. in the county of Gloucester, one of the Commissioners of the Loan- Office, respecting the loss of a sum of publick money, taken by the enemy.
3. A Supplement to an Act, intitled, An Act to render certain bills of credit a legal tender within this State, and to prevent the coun- terfeiting of the same and other bills of credit.
4. A supplementary Act to an Act, intitled, An Act to raise the sum of one million of pounds in the State of New-Jersey.
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5. An Act to prohibit the exportation of provisions from the State of New-Jersey.
6. An Act to continue an Act, intitled, An Act to revive and con- tinue the process and proceedings returnable to, and depending in, the Supreme Court of Judicature of this State, and to ascertain the times and places of holding the said Courts.
7. A Supplement to an Act, intitled, An Act the better to prevent the concealing of stray cattle, horses and sheep.
8. An Act to embody for a limited time four thousand of the militia of this State, by voluntary enlistment.
9. An Act to defray sundry incidental charges.
By His Excellency the GOVERNOR.
W HEREAS it is represented to me that several of the men belonging to the New-Jersey state regiment are absent on furlough without limitation, and that several of the inferior officers at the different posts have granted furloughs when superior officers have been present at the same: IT IS THEREFORE HEREBY ORDERED, that all the men now absent on furlough do immediately return to their respective posts, and that none but the officer commanding at any of the posts presume in future to grant any furloughs no otherwise than for a limited time, and on the most urgent occasions.
Trenton, October 9, 1779,
WMr. LIVINGSTON, jun. Sec.
A NUMBER of the Inhabitants of the county of Hunter- don having petetioned the General Assembly of this State to build a bridge over the South Branch of Raritan, at Reading's Ford, at the expence of the county, it was ordered by the house-that the petetioners have leave to bring in a draught of a bill for that purpose to the next assembly, of which this is for notice to all con- cerned.
Oct. 7.
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W ILLIAM INNES acquaints his customers he now begins brewing, will sell beer at the Philadelphia prices for cash or produce only.
He again requests all those indebted to him to call and pay their respective balances, and those who have casks of his are desired to return them.
N. B. Said Innes gives the current prices for barley, &c. and has some salt he will exchange for barley or wheat for family use.
Burlington, Oct. 5.
C AME to the plantation of the subscriber, near Tren- ton, on Thursday the 30th of September last, a dark brown Horse, about fourteen and a half hands high, supposed to be about five or six years old, a small star, hind feet white, shod all round, goes a travelling pace. Any person proving property and paying charges, may have him of me.
Oct. 13.
OBADIAH HOWELL.
CAME to the plantation of the subscriber, on the 12th of April last, a small bay horse, neither mark or brand, trots and paces. The owner is desired to come, prove his property, pay charges, and take him away. SAMUEL WILLIAMSON. Six-mile Run, Middlesex county, Oct. S.
Twenty Dollars Reward.
B ROKE out of this gaol a certain Edward Morfit, who was put in for deserting from his party of British prisoners who were going to New-York to be ex- changed. Whoever takes up said Morfit, and secures him,
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so that he may be exchanged, shall be intitled to the above reward.
Sept. 24. JOHN JAMES, Keeper of Trenton gaol. -The New-Jersey Gazette, Vol. II., No. 94, Oct. 13, 1779.
Gloucester and Salem Counties, New Jersey, October 6, 1779.
NOTICE is hereby given to all whom it may concern, That a petition was presented to the House of General Assembly, at their last sitting by a number of the inhabi- tants of Gloucester and Salem counties, living on each side of Oldman's creek, praying a law to authorise them to build a dam and water-works across said creek, near the mouth, and leave is given to bring in a bill for that purpose at the next sessions. Therefore those who have any objections against the said bill are desired to attend and render their reasons why the same should not pass into a law.
-The Pennsylvania Gazette, October 13, 1779.
September 30, 1779.
Was taken up, the HULK of an old SHALLOP, the Owner, by applying to JOSEPH ROWEN, about a mile up Pensauken Creek, in the State of West-New-Jersey, on or before the first day of November next, proving their property, and paying charges, may have her again. -- The Pennsylvania Journal, October 13, 1779.
THIRTY DOLLARS REWARD.
Broke out of the gaol of the county of Salem, in the state of New Jersey, on Friday the 8th inst. (October) a certain JOHN WANDERLEY, by trade a cooper, about five feet ten inches high, a slim made fellow, light complexion, and brown hair tied behind: Had on when
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he broke gaol, a blue cloth coat, brown jacket and white breeches. He was committed to my custody for petty larcency. Whoever secures said Wanderley so that he may be brought to justice, shall have the above reward, and if brought to Salem, all reasonable charges, paid by BATEMAN LLOYD, Sheriff. -The Pennsylvania Packet, October 14, 1779.
To be SOLD by the Subscriber, Living in Trenton
A Stout likely Negro Man, about twenty-three years of age, by trade a blacksmith; he understands horse-shoeing well, likewise can do any kind of labouring work. For further particulars enquire of
HEZEKIAH HOWELL.
New-Jersey, October 11.
To be SOLD by Public Vendue,
On Thursday the 21st inst. at Chesnut Neck, The Brigantine TRITON; also a quantity of blankets, drill- ings, cloths, plush, baize, linens, complete suits of regi- mentals, flannel and linen drawers, small arms, and a variety of other articles,
At the same time and place will also be SOLD, The Schooner Hope, with her cargo consisting of forty hogs- heads of Rum, a quantity of TAR, &c.
By order of the Court of Admiralty,
JOSEPH POTTS, Marshal. -The Pennsylvania Packet, October 16, 1779.
Last Wednesday privateers took the Brig Sally, Capt. Armitage, of fourteen three pounders, belonging to Phila- delphia ; she had been only one day out from the Capes of Delaware - - Same day they captured the Schooner Hawk, of twelve guns, belonging to Egg Harbour. The former had 66 rebels on board, and the latter 70. These prizes were brought in here yesterday.
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The General Assembly of the Province of New-Jersey the 9th Instant, passed an Act to embody for a limited Time 4000 of their Militia, in order to support General Washington the better to co operate with the Count D'Estaing against their Enemies .- The New-York Ga- zette: and the Weekly Mercury, No. 1461, October 18, 1779.
New-Jersey, Oct. 6, 1779.
To be sold at public vendue, at Chestnut Neck, on Wednesday the twentieth inst. the SCHOONER DES- PATCH, also her cargo consisting of about one thousand bushels of coarse salt, a few hogsheads of molasses, and some tobacco. By order of the court of admiralty.
JOSEPH POTTS, marshal. -The Pennsylvania Evening Post, October 19, 1779.
Last Friday morning the Sloop Neptune, Captain Pal- frey, that was stationed as a guard vessel above Decker's Ferry, on Staten-Island, was observed to be aground within Musket shot of a small fort at Elizabeth-Town Point .- The Royal Gazette, No. 319, October 20, 1779.
The following has been handed us for publication.
To the Honourable the LEGISLATIVE-COUNCIL and GEN- ERAL ASSEMBLY of the State of New-Jersey. The REMONSTRANCE and PETETION of a Number of the Inhabitants of the County of Glouces- ter - -- presented at the last sitting.
Gentlemen, T HIS State, as well as the neighbouring States, being now relieved from the galling yoke of kingly power, and at full liberty to enact and complete, without the aid of a man beyond the Atlantic, whatever laws shall appear most agreeable to justice and good pol- icy; it is with the greater freedom and hope of success,
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that we address you on the present occasion, in order to obtain what we conceive to be our right.
This county, it is well known, has suffered more from the British troops than most of the other counties of the State; but as the aggressors are out of the reach of our laws, and the means of obtaining restitution from them not in the power of the State, it is with chearfulness we submit to the burden, however unequal it may seem. No individual complains-because no individual conceives himself to be unfairly dealt by. But had these aggressors been amenable to our laws, and possessed of property suffi- cient to make restitution, and that property at the disposal of our representatives, we should certainly have expected to see restitution made. Justice would have called for it : and every honest man must have declared himself in favour of the measure.
But however great our sufferings by the enemy may have been, they are far from being all that have fallen to our share. The whigs, or at least many of them, have suf- fered much more by our own people-by the refugees, than by the common enemy ; and what makes this part of our sufferings seem the harder to bear, is the manner in which those aggressors were induced to turn against us.
While the enemy were in possession of Philadelphia and the Delaware, this county, tho' then a frontier to the main body of the army, and of course exposed to their frequent incursions and depredations, was left almost totally unsup- ported by the other counties of the State; even so much so, that small plundering parties, by taking advantage of the extent of our coast, and the smallness of our numbers to guard it, were able to do us nearly what damage they pleased.
This being our unhappy situation, many of our people became dispirited, and complained heavily of the neglect with which we were treated. The Captain-General of the militia was applied to for succor, (which might very well have been sent from the interior parts of the State, not bor-
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dering on New-York,) but it was said the applications were treated with neglect. It was indeed thought a dis- position appeared to suffer this part of the State to fall a prey to our unrelenting and merciless enemy.
Thus neglected, dispirited and distressed, and no pros- pect of relief, or even kinder treatment appearing, those unhappy people, now called refugees, prompted by feelings of resentment and dispair, turned their eyes even to our enemies for protection ; and being thus turned against us, daily increased our misfortunes by practicing the most un- heard of outrages upon us. This perhaps some of them were induced to do, even against their own feelings and inclinations, in order the better to recommend themselves to the favour and confidence of their new masters. They burnt and destroyed our houses, plundered us of our prop- erty, and some of us they captivated and carried to the enemy, where, at their instigation, we were thrown into loathsome gaols, and detained until our lives were de- spaired of.
Amidst all these sufferings however, we thought we had this consolation, That our country, in whose cause we were struggling, and whose rights we were proud of assisting to defend, would certainly allow us compensation out of the estates of those offenders for whatever property we could prove they had taken or destroyed. But how were we amazed when the law for confiscating their real estates made its appearance; the proviso contained in the six- teenth section of which, appearing to us to have been pur- posely calculated to deprive us of the right we have men- tioned. But what makes this law appear still more re- markable is, the different spirit and temper it breathes from the law for confiscating the personal estates of those offenders passed by your immediate predecessors. The twelfth section of which being directly to our purpose, and as we think, exactly conformable to justice, we shall here take the liberty of troubling you with the whole of it. The words are,
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"And to the end that no person or persons having any demand in law or in equity upon or against the estate of any person against whom inquisitions have been found and judgment thereon entered in favour of the State as aforesaid, may in anywise sustain loss by any forfeiture consequent upon such judgment; Be it enacted by the au- thority aforesaid, That the commissioner or commissioners, having the charge and management of any such estate, shall, within one month after completing the sale of such part thereof as is hereby directed to be sold, give notice in the New-Jersey Gazette, if the same shall at that time be published, and also by advertisements set up in five of the most publick places of the county in which such estate may lie. to all persons who have any claim, interest or demand to, in or against the said estate, to appear with their respective accounts, vouchers and evidences, to make good the same at a time fixed, not exceeding three months from the date of the advertisement; which claims, interests and demands any two of the said commissioners, in conjunction with any one justice of the peace of the county, are hereby empowered to examine, adjust and allow; and the said com- missioner or commissioners having charge of the estate as aforesaid, against which the accounts and claims are exhibited, shall, at the expiration of the time limited, pay the amount or balance allowed on: each, if the produce of the part of the estate against which they are brought, directed to be sold as aforesaid, after deducting commissions and other' charges thereon, shall be sufficient for the purpose, otherwise to make a dividend, and pay in proportion to the several debts and claims which upon examination and adjustment shall appear to be due. And in all cases where the part of the estate, directed to be sold as aforesaid, shall not be sufficient to satisfy the debts and claims exhibited and allowed against the same, the rents and profits of the real estate, if any such estate there be, shall be applied as they arise to the satisfaction and discharge of such debts and claims, in due proportion as aforesaid, until the whole are satisfied and dis- charged."
Now why the right secured to individuals by this was taken from them by the proviso abovementioned, we are utterly unable to conjecture. We are indeed well aware that a change of men, without any other reason, has some- times produced a change of measures; and when the change of measures appears to be for the better, that is, when the measures appear more wise and more just, we are apt to conclude the change of men must have been judicious.
By the first law, the way to justice was made plain and easy; every individual was enabled to obtain his right-
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and he was enabled to obtain it without much trouble or expence. By the latter, those who have demands of damage against the refugees are entirely excluded; and those who have demands of debt, have their way to obtain those demands made so tedious and expensive, as, in most cases where the demands are but small, to amount to an exclusion also: the trouble and expence of obtaining them, must necessarily exceed the sums when obtained.
But why debts should, even in appearance, be recover- able and not damages, we are utterly unable to conjecture. If damages may be justly due as a debt, then doubtless they ought also to be as recoverable; and that they may be as justly due, we suppose will not be denied. For if A, having purchased one yoke of oxen of B for a hundred pounds, takes another of equal value from him by force, 'tis plain that B would have as equitable a demand upon A for a hundred pounds, at least, in the latter case as in the former; and was he to be allowed the former and not the latter, we suppose every judicious honest man would feel himself disposed to blush at the distinction. Indeed whether the taking of the oxen in the tortious manner we have mentioned, or the withholding of restitution, was it to be done, would be the greatest act of injustice, may be a question nice and difficult to determine.
It has, we understand, been advanced, "That as some who sustained loss by the refugees, suffered by such as had no property, and of course must lose their right; others ought to lose their's also, that all may fare alike." But such reasoning as this we hope will never prevail among those who are elected to guard our rights. That A's estate ought not to make restitution for the damages done by A, because B left no estate to repair the damages he did, is indeed a species of reasoning that we are far from supposing the Legislature of this State capable of adopting: reasoning, indeed, it is not; it may be ad- vanced by individuals in order to mislead the unwary, or palliate a denial of right; but can never in the esteem of
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the judicious, bear the least appearance or reason or jus- tice. With regard to forfeited property in general, or the right the State may have to the estates of offenders, we conceive it can never extend farther than to the estates of such offenders, that is, to what remain after the just de- mands of all private persons are fully discharged: for what is the right of an individual, cannot be the right of the State also : these two rights can never exist at one and the same time. If any individual has a right to five hun- dred pounds of the estate of a refugee, or other offender, and the State takes it from him, it takes not the property of the offender, but of the innocent man; and we conceive the injustice to the latter would be as flagrant, and the iniquity as great, as if that sum had been taken by vio- lence and without right out of his pocket or desk.
To punish those villains who have taken up arms against their country, by forfeiting their estates to the use of the State, seems to be consistent with justice and good policy ; but to punish the innocent with the guilty, must be cruel, unjust and impolitic. But forfeiting the estates of those offenders, however, and sweeping them all into the treas- ury, regardless of the rights and claims of individuals, the innocent are punished with the guilty, and that to an enormous degree. And when we consider that this pun- ishment falls chiefly on the best Whigs and firmest friends to the present government, the cruelty and imprudence of the measure swells in our view, and appears still more striking. The best of your friends are punished with the worst of your enemies, and just in the same way; that is, by depriving them of their property; or, in other words, by putting it out of their power to obtain their right, which is in effect exactly the same thing.
They stept forward and stood firm in your cause ;- they risk'd their all in defence of your rights ;- and what has been their reward ? Plundering and destruction of property on one hand, and a denial of restitution on the other: the former seemed trying and hard to bear; . but
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the latter is indeed much more so. For although the injustice in either case may be nearly the same, yet, con- sidering the former as the works of our enemies, and the- latter as done by those we wish to esteem as our best friends-as the guardians of our rights and promoters of our interests, our feelings on the occasion are exceedingly different.
How far this denial of restitution may encourage the spirit of whiggism, or induce people to step forward in their country's cause, we shall leave for your honourable. body to determine; but that it will encourage the refugees to destroy the property of the whigs, we think is too clear to admit of a doubt, or need elucidation : for as the sole end and aim of those incendiaries in committing the out- rages we have mentioned, is to punish and distress the whigs, whatever tends to promote this end, must naturally encourage them to attempt it. And as a denial of restitu- tion is plainly a continuation of the punishment they inflicted, it evidently promotes the end they had in view, and encourages them to go on in their wickedness. In a word, it rivets their vengeance upon us, and finishes the business they but begun.
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