USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 22
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V. Thus inspirited, the Assembly of New Jersey, instead of raising, re- luctantly, five hundred men, doubled that number; and to fill the ranks, in season, offered a bounty of twelve pounds, per man; increased the pay of the officers, and voted a sum of fifty thousand pounds, for their maintenance. They, at the same sessions, directed barracks to be built at Burlington, Trenton, New Brunswick, Amboy, and Elizabethtown, competent, each, for the accommodation of three hundred men. Nor, did the Assembly fail to remark, on the constitutional method they had been called on to gire assistance to the common cause; being left at liberty to furnish to the crown, what their own ability and sense of the occasion required. This complement of one thousand men, New Jersey kept up, during the years 1758, 1759, and 1760; and in the years 1761 and 1762, furnished six hun- dred men, beside in the latter year, a company of sixty-four men and officers, especially, for garrison duty ; for which she incurred an average expense of forty thousand pounds per annum.
VI. On the 13th of June, 1758, President Reading was superseded by the arrival of Francis Bernard, Esq., who continued to govern the province, in unbroken harmony with the Legislature, until the 4th of July, 1760. The principal service rendered by this gentleman, was the aid he gave in the pacification of the Indians, at the treaty of Easton, in October, 1758, of which we have spoken fully elsewhere. Upon his transfer to Massachusetts, he was succeeded by Thomas Boone, who continued little more than a year ;
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being removed to South Carolina, and his place in New Jersey supplied by Josiah Hardy. Upon his dismissal, and appointment to the consulate at Cadiz, came in, William Franklin, the son of Dr. Benjamin Franklin, the last of the colonial governors. Thus, in the space of five years, New Jersey had seen five governors appointed by the crown. This frequent change proved very unacceptable to the colony, which was fully content with the three first we have named; and would have been satisfied to have spared the repeated gift of five hundred pounds, usually made to the new governor, on his arrival, in consideration of the expense and trouble of his voyage. To Governor Franklin this present was not made. But as the cost of living had considerably increased by the diminution of the value of money, consequent on the increased amount of the circulating medium, during the war, the Assembly added two hundred pounds to the annual salary, making it twelve hundred pounds.
VII. Great Britain, having resolved to annihilate the French power in North America, made adequate preparations for the campaign of 1759. An army of eight thousand men, under General Wolfe, was destined to attack Quebec; whilst General Amherst, with 12,000 regular and provincial troops, should reduce the forts of Ticonderoga and Crown Point, cross Lake Cham- plain, and by the rivers Richelieu and St. Lawrence, join Wolfe; and General Prideaux, assisted by Sir William Johnson, at the head of some friendly Indians, should capture the fort at the falls of Niagara, and proceed by Lake Ontario and Montreal, to unite with the other generals. To General Stan- wix, was confided the southern department, with orders to watch the western ' frontier, and to erect proper forts for its defence.
VIII. This stupendous plan was, only, partly carried into execution. Quebec was purchased with the life of the gallant Wolfe. General Amherst obtained possession of Crown Point and Ticonderoga, but too late in the season, to permit him to accomplish the remainder of the plan assigned to him. General Prideaux invested Niagara, but was slain in the trenches by the bursting of a cohort. The fort was, however, captured by Sir William Johnson, who succeeded him in the command. It was not until September of the succeeding year, that the great object was entirely gained; when, by the union of three British armies, before Montreal, the Marquis de Vaudreuil, was compelled to surrender, by capitulation, the whole of the French posses- sions to his Britannic Majesty.
Thus fell the great power of France in America. Possessed of the northern and southern parts of the continent. her encroachments became formidable to the British American empire, which she sought to confine, to a narrow slip of sca-coast. She thus brought upon her the united power of England and her colonies, which she bafiled, when feebly directed; but which was irresistible in the hands of a wise and energetic minister.
IX. The share of the provincials in this result, gives lustre to the colonial history of the American States. They had kept in the field an average force of twenty-five thousand men during the war; had lost thirty thousand of their young men, and contributed three millions five hundred thousand pounds sterling, to the payment of its expenses. * Four hundred privateers, from their ports, ravaged the French West India islands, and distressed the commerce of France, in all parts of the world. Their troops preserved the remains of the army wrecked by the folly of Braddock ; and under Monckton, captured Beau Sejour, in Nova Scotia. Commanded by Sir William John- son, they destroyed the army of Baron Dieskau; and subsequently reduced Fort Niagara, one of the most important posts on the continent. The merit
* Of this sum, Parliament reimbursed at several times, £1,031,666 sterling.
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of these actions, is ascribable to them, solely. In all the marches and battles they were principal sufferers; and where honour was to be gained, the pro- vincial was distinguished, by his fortitude in adversity, and his promptitude and courage in the hour of peril.
X. Spain became party to the war, in January, 1772; but the conflict against the united house of Bourbon, was not of long continuance; peace being made with France and Spain, on the 3d of November, of the same year. We are interested in the terms of the treaty, so far only, as they affected the colonies. France surrendered her pretensions to Nova Scotia, and ceded Canada, including Louisiana. Spain yielded Florida. In exchange for this mighty domain, France received the islands of St. Pierre and Miquelon, near Newfoundland, with a restricted privilege of the fishery, and the islands of Martinique, Guadaloupe, Mariegalante, Deseada, and St. Lucia .- Spain obtained the restoration of the Havana -- a price, more than adequate for Florida, which would not have been paid, but with the design of preserving the eastern shore of North America, from foreign influence.
XI. In exclusive possession of this immense territory, comprehending nearly one-fifth of the globe, Great Britain and her colonies rationally looked forward, to its peaceful enjoyment, in full confidence, that the aboriginal inhabitants, no longer exposed to dangerous solicitations, nor supported by alien power, would not dare to provoke the resentment of those upon whom they must entirely depend, for the gratifications supplied by the whites. But the cupidity of the savage had been highly excited, during the late conflict, and as deeply indulged. The present unprotected state of the frontier, held forth irresistible temptations to his whetted appetite for plunder. His barbarities had been rather rewarded than chastised. Every treaty brought him rich presents; and his detention of prisoners, whom he had again and again promised to surrender, was overlooked, on slight apologies ; though, obviously, donc to afford opportunities for new treaties and additional gifts. But, we must, perhaps, look deeper, for the cause of the wide extend- ed confederacy, which now took place among the aborigines, and which may have been dictated by profound policy. They beheld the French driven out of the whole country, and themselves in danger of becoming wholly depen- dent upon a power, which already commanded by its forts, the great lakes and rivers; and- they may have felt, that an immediate and mighty effort was necessary to restrain the tide, which, if unimpeded, would spread itself over the continent, overwhelming all their nations in its course.
A secret coalition was formed among the Shawanese, the tribes upon the Ohio, and its tributary waters, and about Detroit, to attack, simultaneously, the English posts and settlements, upon the frontier. The plan was delibe- rately and skilfully projected. The settlements were to be invaded during harvest; the inhabitants, with their corn and cattle, to be destroyed; and the outposts to be reduced by famine. The Indians fell, suddenly, upon the traders, whom they had invited among them, murdered many, and plundered the effects of all, to an immense amount. The frontiers of Pennsylvania, Maryland and Virginia, were overrun by scalping parties, committing their usual enormitics. The out-forts, even the most remote, were assailed about the same time; and all, immediately, fell into the hands of the enemy, save Niagara, Detroit, and Fort Pitt, which, being larger and better garrisoned, were enabled to stand a longer siege.
As, in the preceding Indian contest, the frontier inhabitants were driven in, and the enemy again penetrated into the thickly settled country; but more skill and courage were generally displayed in resisting them. Niagara and Detroit were protected by detachments sent to their relief by General Am- herst, whilst Colonel Bouquet, after much fatigue and a bloody battle, suc-
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ceeded in succouring Fort Pitt. These distressing hostilities continued until October, 1764, when they were terminated by Col. Bouquet, who, with fifteen hundred men, overran the Indian country in Ohio, compelling the submission of the tribes, and releasing many white prisoners. The Indians, soon after, entered into a final and satisfactory treaty with Sir William Johnson, who was authorized for that purpose, by the crown.
Governor Franklin, on the approach of the savages to the western fron- tier of New Jersey, ordered out tlie militia, remanned the fortifications which had been formerly erected, and built several new block-houses. Yet some parties of Indians crossed the Delaware, made their way through the lines, and massacred several families. On the meeting of the House, 15th of November, he recommended them to provide six hundred men, at the request of General Amherst, to unite with other forces to invade the Indian country, and to provide more effectually for defence of their own limits." The latter, the House undertook, directing two hundred men to be raised for this pur- pose, and appropriating ten thousand pounds for their support; but they de- clined to furnish troops for general operations, until a general plan should be formed, and a requisition should be made for aid to the other colonies. At their next subsequent session, however, they passed a bill for raising six hun- dred men, on condition, that a majority of the castern colonies should come into the requisition ; and when this bill was rejected by the council, and the governor prorogued the House, in order to give them an opportunity to bring in another, they authorized the force required, provided New York should con- tribute her full proportion. In this shape the bill passed, and the troops joined the northern army.
XII. The great pecuniary advances of the colonies, in the late wars, dis- covered to the ministry of Great Britain, a mine of wealth, whose existence they had not hitherto suspected; and with the knowledge came an inexpres- sible longing to subject this wealth to the use of the parent state. But no good genius whispered, that, there existed, also, the spirit, as well as the means, to maintain the political freedom which had been, at once, the source of riches and of colonial happiness. It was supposed, that, if in a few years, these long neglected and distant provinces could pay, without apparent inconvenience, millions for defence, they might, also, be compelled to pay millions for tribute.
XIII. On this assumption, Mr. Grenville, first commissioner of the treasury, flattered himself that he might establish a high financial character, in reliev- ing his country by the taxation of her provinces. To a superficial observer, few obstacles were apparent in such a course. Parliament had frequently imposed duties upon the colonial trade; which, as a part of a general system, for regulating the commerce of the empire, had been patiently borne. But, no attempt had been, hitherto, made, avowedly, to raise a revenue from the colonies, for the use of the British treasury.
XIV. Upon the principles which have governed modern colonization, the colony is dependent, either upon the parent state, or upon its chief, as a dis- tinet apanage or property. The first case was, that of the colonies of most of the European states. The second, characterized those of Spain; the king- doms of Mexico, Peru, &c., being long considered as connected with those of Castile and Arragon, through the monarch alone, who was the king of each, respectively. A different view, however, was taken in relation to these, by the Cortes, in framing the constitution of 1820, when, as integral parts of the Spanish empire, they were admitted to representation in the national coun- cils. The English colonies held their connexion with Great Britain, to be somewhat similar to that winch had prevailed between Spain and her pro- vinces; claiming, however, for their governments, the important and cha- racteristic principle, which animated the polity of the parent state, that the
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people should have a potential voice, in legislation, through their representa- tives. This theory was universal, but the practice was variously modified; the Legislative power, being more or less exercised by the people, according to the provisions of the several charters from the crown. One right, how- ever, which controlled all others-the right of the purse, was every where held sacred to the people; and though the crown might create an almost in- evitable necessity of disbursement, it could not without the form, at least, of popular volition, take money from the pockets of the people .*
The right of the Parliament to legislate, generally, for the colonies had not been questioned since the year 1692, when Massachusetts and New York denied it by acts of their Legislatures. f These laws were annulled in England; and in 1698 Parliament declared, that "all laws, by-laws, usages and cus- toms, which shall be in practice, in any of the plantations, repugnant to any law made, or to be made, in this kingdom, relative to the said plantations, shall be void and of none effect."
By the charter of Charles II, to Penn, the right of Parliament to lav duties on imports and exports, and to impose taxes or customs on the inhabitants of Pennsylvania, their lands, goods and chattels was clearly reserved. In 1739, Sir William Keith, in conjunction with some American merchants, proposed to raise troops for the western frontier, to be supported by a duty laid by Parliament on stamped paper and parchment, in all the colonies. But the subject was then too inconsiderable to claim the attention of the government. When efforts were made to unite the colonies in 1754, a plan for colonial tax- ation was suggested; but the ministers finding the colonies averse to their views, did not venture to press it on the eve of a war, in which the cordial and undivided exertions of the whole nation were required.}
A more favourable occasion seemed now to present itself. The war which had grown out of American interests, had been honourably terminated, and it was supposed, that the provinces, grateful for their deliverance, would cheer- fully repay the care of a fostering mother. Nor would such anticipations have been disappointed, had the designs of the ministry no other consequences than a single pecuniary burden upon the people.
XV. Towards the end of the year 1763, Mr. Grenville communicated to the colonial agents in London, his purpose of drawing a revenue from Ame- rica, by means of a stamp duty to be imposed by Act of Parliament, and di- rected them to transmit. this intelligence to their respective Assemblies, that they might suggest any more preferable duty, equally productive.§ The fol- lowing view, briefly exhibited, was then taken of this subject, by all the provinces.
XVI. The colonies were considered as integral governments, of which the crown was the head, having exclusive political power within their respective territories, except in cases involving the general interests of the empire, in which, from principles of convenience and necessity, they admitted the su- premacy of the British Parliament. On these principles, they had submitted to the general regulations of commerce, however restrictive of their exertions at home and abroad; and where the letter of the law pressed heavily on their
* By the Concessions of Berkeley and Carteret, and also of the West Jersey proprie- tors, it was provided, "that the governor and council are not to impose, or suffer to be imposed, any tax, custom, or subsidy, tollage, assessments, or any other duty whatso- ever, upon any colour or pretence, how specious soever, upon the said province, and inhabitants thereof, without their own consent, first had, or other than what shall be imposed by the authority and consent of the General Assembly."
t Smith's N. Y. 75, 76.
# Marshall's Life of Washington.
§ One hundred thousand pounds sterling, was the sum required by Mr. Grenville.
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natural rights, murmurs were seldom heard, as such acts were not rigidly en- forced. The mode of drawing aid from the colonists accorded with these principles. The sovereign having well considered the occasion, in his privy council, directed his secretary of state to apply to each colony through its governor, to grant him such sums as were suitable to its ability. And as the colonies had always made liberal grants on such requisitions, the proposition to tax them in Parliament, was unnecessary, cruel, and unjust. Unjust, be- cause it was diametrically opposite to the letter and spirit of their constitu- tions, which had established as a fundamental axiom, that taxation and representation are inseparable, and that as the colonies were not, and from local and political obstacles could not be, represented in the British Parlia- ment, it would be the very essence of tyranny to attempt to exercise an authority over them, which, from its nature, must inevitably lead to gross abuse. . For, when in absolute possession of the power now claimed, could it be, imagined, that Parliament would not rather vote away the money of the colonists, than of their constituents! By the constitution, their business in matters of aid was with the King alone; they had no connexion with any financier, nor were the provincial agents the proper persons through whom requisitions should be made. For these reasons, it was improper for the pro- vinces to make propositions to Mr. Grenville, in relation to taxes, especially, as the notice he had sent, did not appear to have been by the King's order, " and was perhaps without his knowledge."*
XVII. These views certainly did not proceed from a desire to avoid con- tribution, in relief of the public wants. Several of the colonial Legislatures declared, " that as they always had thought, so they always should think, it their duty to grant aid to the crown." Copies of these yotes were presented to Mr. Grenville, and an opportunity was thus offered to him, to raise by constitutional means, more than a compulsory tax would produce. But he had resolved on measures, which should establish the absolute supremacy of Parliament over the provinces, and open the way for its unrestrained exercise.
XVIII. When forming his plan of American taxation, Mr. Grenville cer- tainly did not apprehend all its consequences. But, aware that it would be opposed, he was desirous of trying an old measure under a new aspect, and proposed, in distinct terms, to raise a rerenve, by taxes on colonial imports. This measure, sufficiently obnoxious in itself, was accompanied by a resolu- tion of Parliament, " that it may be proper to charge certain stamp duties in the colonies." The act of Parliament, based on the first proposition, was extremely onerous to the American trade; the duties thereby imposed amount- ing almost to a prohibition of commercial intercourse with the French and Spanish colonies.+ It is true, that this trade, previous to the passage of the act of which we now speak, was unlawful; but it was connived at, and was
* Votes of the Assemblies of the several colonies. Franklin's Letters, March 8th, 1770. Provincial Remonstrances. Mar-hall's Life of Washington, vol. ii. 6s, &c.
t This act was entitled, " An act for granting certain duties in the British colonies and plantations, in America, for continuing. amending, and making perpetual, an act passed in the sixth year of the reign of his late Majesty, King George the Second, (entitled, an act for the better securing and encouraging the trade of his Majesty's sugar colonies in America.) for applying the produce of such duties, and of the duties to arise by virtue of the said act, towards defraying the expenses of defending, protecting and securing the said colonies and plantations, for explaining an act. made in the twenty-fifth year of the reign of King Charles the Second, (entitled. an act for the encouragement of the Greenland and Eastland trades, and for the better seenring the plantation trade.) and for allowing and disallowing, several drawbacks on exports, from this kingdom, and those effectually preventing the clandestine conveyance of goods, to and from the said colonies and plantations, and improving and securing the trade between the same and Great Britain."
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highly profitable; furnishing to the provinces, gold and silver for their re- mittances to England. The minister, in his care to prevent smuggling, did not pause to consider the difference between an advantageous trade in the western hemisphere, and the illicit commerce on the British coast. Con- verting naval officers into officers of the customs, he nearly destroyed the whole colonial trade with the Spanish and French islands. The preamble to the new impost law, declaring it to be just and necessary, that a revenue should be raised in America, and the resolution to follow it up, with a stamp act, gave an unequivocal and odious character to the law, and sent it forth to the colonies, the pioneer of a system of boundless oppression.
The revenue act became still more unpopular, by the means used to en- force it. The penalties for breach of its provisions, were made recoverable in the courts of admiralty, without the intervention of a jury, before judges dependent upon the crown, and drawing their salaries from forfeitures, ad- judged by themselves. The duties were required to be paid in gold and silver, now scarce attainable, and consequently, the paper currency, more than ever necessary, was rejected and depreciated.
XIX. The impression, caused by these measures on the public mind, was uniform throughout America. The Legislature of Massachusetts, whose population, essentially commercial, felt most severely the late restrictions, was the first to notice them. That body resolved, " That the act of Parlia- ment relating to the sugar trade with foreign colonies, and the resolution of the House of Commons, in regard to stamp duties, and other taxes proposed to be laid on the colonies, had a tendency to deprive the colonists of their most essential rights, as British subjects, and as men-particularly, the right of assessing their own taxes, and of being free from any impositions, but such as they consented to, by themselves or representatives." They direct- ed Mr. Mauduit, their agent in London, to remonstrate against the ministe- rial measures, to solicit a repeal of the sugar act, and to deprecate the impo- sition of further duties and taxes on the colonies. They addressed the As- semblies of the other provinces, requesting them to unite in a petition against the designs of the ministry, and to instruct their agents to remonstrate against attempts so destructive to the liberty, the commerce and prosperity, of the colonies. The colony of Rhode Island, proposed to the provincial assemblies, to collect the sense of all the colonies, and to unite in a common petition to the King and Parliament.
XX. All the efforts of the American colonies to stay the mad career of the English ministry, proved unavailing. 'The stamp act was passed, with slight opposition, by the Commons, and unanimity by the Lords .* Dr. Franklin, who had been despatched to Europe, in November, 1764, as the agent of Pennsylvania, laboured earnestly to avert a measure, which his sagacity and perfect knowledge of the American people, taught him was pregnant with danger, to the British empire. But, even he does not appear to have enter- tained the idea, that it would be forcibly resisted. He wrote to Mr. Charles Thompson, " The sun of liberty is set, you must light up the candles of in- dustry and economy." To which Mr. Thompson replied, " He was appre- hensive that other lights would be the consequence." To Mr. Ingersol, the agent of Connecticut, the doctor said, " Go home, and tell your people to get children as fast as they can." Intimating that the period for successful re- sistance had not yet arrived.
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