History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 113

Author: W. Woodford Clayton, Ed.
Publication date: 1882
Publisher: Philadelphia: Everts
Number of Pages: 1224

USA > New Jersey > Middlesex County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 113
USA > New Jersey > Union County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 113

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128. 0d .; Bergen, £664 88. Od .; Sussex, £593 58.4d .; Cumberland, £385 68. 8d .; Cape May, £166 188. 0d.

The ordinance for the further regulation of the militia forces of the colony provided for a more ac- curate and exhaustive enrollment. Each man en- rolled was to be furnished at his place of abode with one pound of powder and three pounds of " bullets to suit his firelock or musket," and he must "furnish himself with a good musket or firelock, and bayonet, sword, or tomahawk, a steel ramrod, worm, priming wire and brush, a cartouch-box, twelve flints, and a knapsack," under penalty. of the " forfeiture of two shillings for want of musket or firelock, and of one shilling for the want of the other above-enumerated articles." Provision was made for more frequent and thorough drills, and for general musters, and heavy pecuniary penalties, collectable by distress, were pre- scribed for failure to attend either by officers or pri- vates. To secure the execution of these warrants of distress the persons whose duty it was to serve them were themselves made liable to fine for neglect or failure of duty, which fines were in like manner collectable hy distress upon their goods and chattels. In the event of alarm or invasion by an armed force, every enrolled subaltern soldier of the militia or minute-man was to " repair immediately to his cap- tain's residence properly armed and accoutred," and the captain " was at once to march his company to oppose the enemy," first having " sent an express to . the commanding officer of his regiment," who, in his turn, was to "march with the whole or part of the forces under his command as he, before receiving orders from one of the general officers, might judge necessary in order to prevent the enemy from land- ing or penetrating into any part of the country, and at the same time should send an express to the gen- eral officer nearest him," giving intelligence of "such alarm or invasion." During such times of alarm or invasion the officers and soldiers were to be subject to court-martial, but it was expressly stipulated that " no pains and penalties imposed by a court-martial shall extend to the taking life or member of any delinquent or offender who shall be called out as aforesaid." Persons between sixteen and fifty capa- ble of bearing arms who came from any neighboring province were required within two weeks of their arrival to enroll in the militia, and to be subject to the same duties, fines, and penalties as other citizens. A special provision was inserted to the effect "that minute-men, when called out to the assistance of a neighboring colony," shall be " under the direction of their own officers, unless a Continental officer of superior rank be present, to whom, in such case, they are to yield due subordination." Directions were given for raising, equipping, and disciplining com- panies of light-horse, not to exceed one for each county, and each to consist of forty privates, " the officers to rank with the militia officers of the foot," the whole to be formed into regiments, subject to the

461

MIDDLESEX COUNTY IN THE REVOLUTION.

command of the brigadier-generals of the colony, the Provincial Congress, or the Committee of Safety. Respecting persons " whose religious principles would not suffer them to bear arms," it was ordered as an equivalent, and in lien of future voluntary contri- butions "for public and benevolent uses," that they should pay into the hands of the chairman of the county committees four shillings per month for such exemption, and on their neglect or failure to do so they should be proceeded against by the issue of war- rants of distress on their goods and chattels. The same equivalent was required from persons under age who were capable of bearing arms, and in default payment might be demanded of the " parent, master, or person such delinquents are under," and in case of neglect or refusal the same should be recovered by distress and sale. But persons who were sick and unable to bear arms, or out of the province, or neces- sarily engaged in the public business of the colony were to be exempt. Appeals might be taken by per- sons for distress made for fines and forfeitures within two months to the committee of the township or county, who were empowered to afford equitable redress.

Among other important matters connected with the public defense that came before the Congress was a resolution of the Continental Congress dated Oct. 9, 1775, recommending " the Convention of New Jer- sey" to raise immediately "at the expense of the continent two battalions" of eight companies each, each company to consist of sixty-eight privates, " offi- cered with one captain, one lieutenant, one ensign, four sergeants, and four corporals," the privates to be enlisted for one year at £5 per month, and to be liable to discharge at any time on allowing them one month's pay extraordinary. Each private was to he allowed, ' instead of a bounty, one felt hat, a pair of yarn stockings, and a pair of shoes," and was to find his own arms. The pay of the officers was to be the same as those of the Continental army. With this resolu- tion came a letter from John Hancock, President of the Continental Congress, dated Oct. 12, 1775, agree- ing "to furnish the men with a hunting shirt, not exceeding the value of one dollar and one-third of a dollar, and a blanket, provided these can be procured ; but these are not to be made a part of the terms of enlistment." Accompanying this letter were forty- eight blank commissions for the captains and sub- alterns of the two proposed battalions. The resolu- tion of the Continental Congress and the letter of President Hancock were received by the Provincial Congress on the 13th of October, and "after some time spent" in their consideration a response was sent declaring that the Congress of New Jersey was "ani- mated with equal affection to the common cause of America with the other provinces, and an equal de- sire to promote its general interest," but expressing regret that one of the resolutions of the Continental Congress proposed to suspend the "appointment of

field-officers" for the two battalions "until the Con- tinental Congress shall take order in that matter." The Provincial Congress thought that it would expe- dite the raising of the men if the nomination of the field-officers were first ascertained to belong to the New Jersey Congress, and that the reverse would im- pede enlistments. It also suggested that as other provinces had been allowed this privilege, its mem- bers could not, in justice to their constituents, nor consistently with the honor of the province, give up this claim. They therefore asked a reconsideration of the resolution so far as it related to the appoint- ment of field-officers. No reply having been received to this remonstrance, a second letter was dispatched to the Continental Congress on the 21st of October, expressing anxiety for a reply, and conveying the assurance that "from every appearance the two bat- talions will speedily be completed" if the purport of the letter of October 13th were acceded to. Without waiting further for the reply, on the 26th of October the Provincial Congress passed the form of an adver- tisement which was ordered to be "sent to the press as soon as possible, and that two hundred copies be printed for this house," which recites the resolution of the Continental Congress, and announced that warrants should be issued to " proper persons for im- mediately raising the said two battalions," which, it was stipulated, should be made up of "able-bodied freemen." Elias Dayton, Azariah Dunham, Joseph Ellis, or John Mchelm, or either of them, were ap- pointed mnster-masters, to review and accept the companies and "to certify the same to the Provincial Congress, or in its recess to the Committee of Safety." On the 27th of October a letter was received from the Continental Congress saying that as "the Congress are waiting the return of the committee from camp, in order to establish permanent regulations for all Continental forces they for the present incline to suspend a determination on the question about the appointment of regimental officers." On the 28th the Provincial Congress recommended field-officers for the two battalions, the one having been raised in the eastern and the other in the western part of the province, and they were subsequently appointed by the Continental Congress. On November 10th six companies of the First (or Eastern) Battalion were ordered to garrison the fort in the Highlands, on the Hudson ; on the 27th of November the remainder of the battalions were ordered into barracks near New York, and on December 8th they were ordered to the city of New York, where they were mustered into the Continental Army on the 26th of December, Lord Stirling being the colonel of the Eastern, and William Maxwell of the Western Battalion.

The Congress among other matters which occupied their attention adopted resolves respecting the appre- hension of deserters from the Continental troops, which empowered any member of a town or county committee to issue his order to the commanding offi-

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HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

cer of any company of militia or minute-men in such town or county, requiring him to send one or more men to search for and apprehend such deserter, and to confine him safely till he can be conducted to the army ; but if the party denied that he was a deserter, he might have a hearing before the town or connty committee, which should be convened for that pur- pose. The expenses of snch arrest, confinement, etc., were to be paid by the town or county collectors or treasurers, and the accounts sent to the Provincial Congress or the Committee of Safety, to be by them forwarded to the Continental Congress for reimburse- ment. All the inhabitants of the colony were desired to exert themselves in arresting deserters, and were authorized to apprehend them without waiting for any order from any committee.

The important question of the qualification of voters for deputies to the Provincial Congress, which had been the subject of numerous petitions from various parts of the State, but especially from Hunterdon and Sussex, was brought up in the Congress by the depu- ties from Salem on a motion "that as soon as this session is ended this Congress doth dissolve itself, in order that a new election may take place upon more extensive principles, to wit: that at such new elec- tion some householders or reputable single men as are possessed bona fide of a personal estate to the value of fifty pounds proclamation money, or upwards, and have been resident at least one year in the county, may be admitted to vote with those that are freehold- ers." The consideration of this motion was postponed until Congress should "determine the petitions from the counties of Hunterdon and Sussex, praying that householders may be admitted to vote at future elec- tions." At length, "after having duly weighed and considered," says the minute in the records of the Congress, "the several arguments for and against the prayer of the said petitions, and also the above mo- tion of the deputies of the county of Salem for a dis- solution of this Congress, the previous question was put whether this Congress shall proceed to determine the consideration of the above petitions and motion at this time or postpone the same to the next session, in order that the sense of the colony in general may be known." The resolution to postpone was carried, seven counties (Bergen, Essex, Somerset, Monmouth, Burlington, Gloucester, and Cape May) voting to postpone, and six counties ( Middlesex, Morris, Sus- sex, Hunterdon, Salem, and Cumberland) voting against postponement. The principle we may anti- cipate here by observing was successful in the next and last Provincial Congress, held in 1776 (whose history I hope to comprise in a future paper), and was incorporated into the Constitution which they formed and under which our State was governed until 1844.

the appointment of a Committee of Safety "to act for the public welfare of this colony in the recess of this Congress," for which position the following gen- tlemen were chosen : Mr. President, Samuel Tucker, of Hunterdon ; Mr. Vice-President, Hendrick Fisher, of Somerset; John Hart, of Hunterdon; Abraham Clark and Lewis Ogden, of Essex ; Joseph Holmes, of Monmouth ; John Mehelm and Angustine Steven- son, of Hunterdon ; Isaac Pearson and John Pope, of Burlington ; Azariah Dunham and John Dennis, of Middlesex ; and Ruloff Van Dyke, of Somerset. The Congress of 1775 then adjourned to meet at New Brunswick on the first Tuesday of April, 1776, unless sooner convened by the president or vice-president or the Committee of Safety. Thus closed the final session of the Provincial Congress of 1775.

CHAPTER LXV.

MIDDLESEX COUNTY IN THE REVOLUTION .- (Continued.)

Council of Safety .- Before taking up the proceed- ings of Provincial Congress for the year 1776, it will be well to notice " The Committee of Safety" authorized by that body to act during the recess of its meetings. "This committee," says Mr. Deshler, "in effect con- stituted a practical dictatorship, residing not in one man, indeed, but in a majority vote of eleven or more persons, who were appointed by the Provincial Con- gress from time to time. Its members were invariably chosen by the deputies to the Provincial Congress from among their own number, and were men upon whom they could rely for courage, prudence, firm- ness, activity, and sagacity. They exercised, as a committee, all the powers intrusted to or assumed by the Provincial Congress save that of legislation. They conducted all the correspondence and confer- ences with the Continental Congress and the Provin- cial Congresses of the other colonies. They gave orders for the arrest of suspicious or disaffected per- sons. They tried and acquitted, or condemned to imprisonment or detention, men who were charged with disloyalty or acting in concert with or giving information to the enemy. They kept expresses in constant readiness to forward intelligence with all speed. They appropriated public moneys, commis- sioned officers in the militia or the corps of minute- men, held prisoners of war, settled controversies be- tween officers, civil and military, acted as a court of admiralty, confiscated the property of those who aided and abetted the public enemy, took order for the general security of the province and for its de- fense, and, in fine, they were the executive branch of the government, as the representatives of the power and anthority of the Provincial Congress during its

Among the latest acts of this active and important session of the Provincial Congress, which fairly launched our State on the ocean of revolution, was | recess, all which they exercised with an ability and

MIDDLESEX COUNTY IN THE REVOLUTION.

463

integrity that has never been impeached till they were superseded in October, 1776, by the first Legis- lature under the new State constitution (adopted July 2, 1776), which invested the Governor and a Council of twenty members with certain powers for a limited time, under the title of " The Governor and Council of Safety."

The Committee of Safety met during the recess of Provincial Congress at Princeton on Jan. 9, 1776. There not being a quorum present, they adjourned to the 10th of January, at which meeting there were present Samnel Tucker, president; Hendrick Fisher, vice-president; Abraham Clark, deputy secretary ; Azariah Dunham, Roelef Van Dyke, John Dennis, Augustine Stephenson, and Jolin Pope.

"The president laid before the committee a letter from the Provincial Congress of New York, inclosing resolutions of the Continental Congress and the Con- gress of New York relative to establishing posts at proper distances, to carry intelligence to the different parts of the colony or elsewhere, as occasion may re- quire, and for erecting beacons at proper distances, which the Congress of New York recommended to the Congress of New Jersey, which letter and re- solves were read in the committee, who after duly considering the same approve of the expediency of establishing posts as aforesaid ; therefore,

" Resolved, That a man and horse be kept in constant readiness by each of the several committees of Newark, Elizabeth Town, Woodbridge, New Brunswick, Princeton, and Trenton, whose business it shall be to forward all expresses to and from the Continental Congress. Aud that the aforesaid Town Committee shall, on every intelligence of any inva- sion or alarm, seud expresses to the neighboring town committees, who are directed to provide expresses lo forward the same from town to town, to the Town Committees, and to such officers of the militia as they may think proper to notify thereof throughout the colony, with as much ex- pedition as may be in their power. And that all the expenses incurred by such expresses, the treasurer of this colony, appointed by Provincial Congress, or either of them, are hereby required to pay on order or orders, signed by the chairman of either of the committees of the town- ship in this colony. Which orders, with iudorsements thereon by the person or persons to whom thesame are made payable, shall be enfficient vouchers to the said treasurers, or either of them, for such outus of money as they, or either of them, may pay thereon as afuresaid."

In the minutes of the committee at this date ap- pears a recommendation from Lord Stirling that Matthias Halsted, of Elizabethtown, be made first lieutenant, and Yelles Mead ensign, in Capt. Meeker's company. The committee of Woodbridge sent in two recommendations, one recommending James Bonny as captain, James Manning as first lieutenant, David Crow as second lieutenant, and John as ensign of a company of militia in that town; the other recom- mending Elias Barron as captain, Rolph Marsh first | lieutenant, Matthew Freeman second lieutenant, and Jonathan Bloomfield ensign of another company in Woodbridge. All were commissioned.

A certificate was produced from the chairman of the committee of the North Ward of New Brunswick, cer- tifying that John Taylor was elected captain, Jacob Measural, first lientenant, James Schureman, second lieutenant, and John Voorhees, Jr., ensign of a com-

pany of minute-men in Col. Neilson's battalion. They were ordered commissioned accordingly. Notwith- standing the extraordinary powers exercised by this committee, they refused to stretch their authority be- yond proper limits or what they conceived to be for the good of the colony. One remarkable instance of this is found in the fact that they declined to issue commis- sions on recruiting warrants for the raising of the new battalion of Jersey troops called for by the Continental Congress, "being," as they say, " persuaded that the appointment of officers by the Congress will give much greater satisfaction to the colony than if ap- pointed by the committee." At the same time they " recommended Azariah Dunham, Esq., to be ap- pointed commissary for supplying such battalion when raised." It was the urgent responsibility of raising this battalion which they did not like them- selves to assume that induced them to convene the Provincial Congress before the time appointed, to which the Congress had adjourned at its last session the previous year. There were also other important matters, such as establishing a Court of Admiralty, issuing regulations for the Continental forces, and enacting civil and military ordinances, which required the early meeting of the Provincial Congress. Hence the committee at their meeting, Jan. 12, 1776, agreed to call the Congress to meet at New Brunswick on Wednesday, the 31st day of January, then instant.

Provincial Congress of 1776 .- The Provincial Congress of 1776 met accordingly ; there not being a quorum present they adjourned till the first day of February, at nine o'clock A.M., and still a quorum not having arrived, adjournment was had till two o'clock P.M.

The minutes of the Provincial Congress for the preceding year, together with the military ordinance, had been in the mean time printed, and were ordered distributed in the several connties as follows :

Minutes.

Military Ord.

To Bergen County

Essex County

Middlesex County

Somerset County ..

Monmouth County

106

Morris County.

Sussex County

Hunterdon Conuty.

136

Burlington County

Ghimerster County

Salem County

Cumberland County

Cape May County.

Petitions were sent from the people of Essex and Somerset Connties, praying that householders not free- holders and all persons paying taxes be allowed to vote, and also that money at interest and other effects bear an equal proportion of the taxes.

The meetings of the Congress during the early part of the year were occupied chiefly with military affairs. Little had been done as yet towards raising and equip- ping an army. Lieut .- Col. Wind's regiment was sta- tioned at Perth Amboy, but was destitute of ammu- nition. Somerset and Middlesex Counties temporarily

464

HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

supplied him, the former with " four quarter-casks of powder," and the latter with "150 pounds of lead," which the Congress agreed should be replaced at " some convenient time." Col. Maxwell had been ordered to march with the Eastern Battalion to Can- ada to assist our forces, who had been defeated at Quebec, and had been awaiting the meeting of Pro- vincial Congress to secure the necessary assistance to put his battalion in marching order. They had neither arms, ammunition, nor equipments of any kind.

On the 2d of February, Col. Maxwell came to New Brunswick, with his marching orders from Conti- nental Congress, and laid them before the Congress of New Jersey. They were read and filed, and the following action taken thereon :

" WHEREAS the Continental Congress have ordered Colonel Maxwell'e battalion to March to Canada, as soon as the men can be furnished with arms, and other articles absolutely essential; and whereas arms are ex- tremely scarce, and indeed impossible to be procured in time for the equipment of the waid battalion, without making application to the sev- eral counties in this province,

" Resolved, That the Committees or other public bodies in whose lands any of the New Jersey provincial arms and accoutrements are deposited, do deliver the same to the commanding officer of said battalion, or his order; of whom they are required to take vouchers, with the veluation of said arms, &c., there underwritten ; and that this Congress will either immediately pay for suid arms, agreeable to appointment, or replace them as soon as possible, whichever the said Committees, or public bodies, shall think most proper."

The Congress, determined to raise all the arms it could in this way, addressed, through its president, the commanding officers and chairmen of the county committees in the province :

" GENTLEMEN:

" The late repulse at Quebec requires every exertion of the friends of American freedom, in consequence whereof Colonel Maxwell's battalion is ordered to march forthwith, and the Continental Congress have ap- plied to our body, urging the greatest dispatch in procuring arms and necessaries for their expedition. Therefore, in purenance of the aforesaid application, we request you, gontlemen, to use the utmost diligence and activity in collecting all the public arme belonging to your county, being your proportion of the provincial arms unsold. Dispatch in this case is quite necessary, as no doubt the arme aro distributed in the hands of the associators; it will be necessary for every officer to do his part. The value of the arms will be paid in money, or the number be replaced; and the expenses of collecting and forwarding them punctually dis- charged. We put you to this trouble with regret; but the necessity of the measure muet apologize. You will have the arms collected in your county, valued by good men, and sent to Burlington or Trenton under the care of such officers of Colonel Maxwell'e battalion as may be the bearer hereof."

Part of the arms for Col. Maxwell's battalion were furnished by the people of Middlesex County, as we learn from the following minute of Feb. 8, 1776:

" The resolution of the justices and freeholdere, county committee, and field-officers of Middlesex, purporting that they would furnish Colonel Maxwell's battalion with fifty stand of arms, etc., was read ; whereupon It is ordered thet Mr. Martin, Mir. Camp, And Mr. Pope be & committee to Inspect said arms and to report thereon."

We learn also that some of the arms for Maxwell's battalion were purchased by John Posee, Esq., who was ordered to give them up to Col. William Max- well, or his order, Jan. 13, 1776. About the begin- ning of this year one hundred stand of arms were borrowed from the province of New York.

On requisition from Lord Stirling, the committee of Elizabethtown furnished him with six thousand cartridges, Somerset County with four quarter-casks of powder, Woodbridge with a considerable quantity of the same, and New Brunswick with one hundred and fifty weight of lead.

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History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 113

Author: W. Woodford Clayton, Ed. Publication date: 1882 Publisher: Philadelphia: Everts Number of Pages: 1224

Author: W. Woodford Clayton, Ed.
Publication date: 1882
Publisher: Philadelphia: Everts
Number of Pages: 1224