USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 24
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Some troops having been driven, by stress of weather, into the harbour of Boston, their commander applied to Governor Bernard, for the necessary and usual supplies, which were granted by consent of the council, " in pur- suance of the act of Parliament." But the general court which met soon afterwards, (1767) disapproved, in pointed terms, the conduct of the gover- nor, declaring, that, " after the repeal of the stamp act, they were surprised to find, that this act, equally odious and unconstitutional, should remain in force. They lamented the entry of the reason for the advice of council, the more, as it was an unwarrantable and unconstitutional step, which totally disabled them from testifying the same cheerfulness they had always shown, in granting to his Majesty, of their free accord, such aids as his service had, from time to time, required."
II. The repeal of the stamp act, however grateful to the friends of liberty, to the colonists, and to the English merchants trading with then, was not popular with the nation at large. The supremacy of the Parliament was maintained by the mass of the people ; the hope of revenue from America was too fascinating to be surrendered without further exertion ; and the King beheld, with high indignation, the resistance to his authority, and the political principles which his American subjects had displayed. Moved by these con- siderations, Mr. Charles Townsend, chancellor of the exchequer, in an ad- ministration formed by Lord Chatham, a man of splendid and versatile, ta- lents, invited the attention of Parliament, again, to the subject of American taxation. He boasted, " that he knew how to draw a revenue from the colonies, without giving them offence, and animated by the challenge of Mr. Grenville, to make his vaunting true, he proposed and carried almost unani- mously, a bill imposing certain duties on tea, glass, paper, and painters' colours, imported into the colonies from Great Britain; the proceeds of which were appropriated to the support of government in America, so far as should be necessary, and the balance to be paid into the British treasury.
This measure was founded in the erroneous belief, that the colonists ob- jected rather to the mode than to the right of taxation. But though there had been some inaccuracies in expressing their views on the statutes regu- lating trade, there should have been no misapprehension of their determination to resist every attempt to tax them without their consent. The bill of Mr. Townsend had the unequivocal character of a revenue law, and as such was avowedly enacted ; nor were the provincialists slow to declare their sense of its true character.
III. Petition and remonstrance were again resorted to by the colonial Legislatures. The tone, generally taken, was not so high, as in case of the stamp act; but the conviction that the one was as great a violation of public liberty as the other, soon became universal.
The colony of Massachusetts, in addition to her other measures, addressed a circular letter (11th February, 1768,) to the Assemblies of the respective colonies, stating her own proceedings to obtain redress. This was laid be- fore the House of Representatives of New Jersey by the speaker, Courtland Skinner, Esq., on the 16th of April, and was referred to Messrs. Borden, J. Lawrence, and R. Lawrence, with instructions to draught an answer thereto. The answer, signed by the speaker, remarks, "sensible that the law you complain of is a subject in which every colony is interested, the
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House of Representatives readily perceived the necessity of an immediate ap- plication to the King, and that it should correspond with those of the other colonies; but as they have not had an opportunity of knowing the sentiments of any other colony, but that of the Massachusetts Bay, they have endea- voured to conform themselves to the mode adopted by you. They have therefore given instruction to their agent, and enjoined his attention on the subject of their petition." And it concluded, "the House have directed me to assure you, that they are desirous to keep up a correspondence with you, and to unite with the colonies if necessary, in further, supplications to his Majesty, to relieve his distressed American subjects. Pursuant to these sentiments, the House, May 7th, 1765, adopted a petition to his Ma- jesty, in which, after recounting the perils and labours of the primitive settlers, they declared, that " the subjects thus cmigrating brought with them, as inherent in their persons, all the rights and liberties of natural born sub- jects within the parent state. In consequence of these, a government was formed under which they have been constantly exercised and enjoyed by the inhabitants, and repeatedly and solemnly recognised and confirmed by your royal predecessors, and the Legislature of Great Britain."
"One of these rights and privileges vested in the people of this colony, is the privilege of being exempt from any taxations, but such as are imposed on them by themselves, or by their representatives; and this they esteem so in- valuable, that they are fully persuaded, no other can exist without it."
Then, after recalling to the remembrance of their sovereign, their past promptitude in furnishing all necessary supplies required from them, and their disposition for the future, to evince " their unfeigned affection for his Majesty's person, their distinguished duty to his government, and their inflexible reso- lution to maintain his authority and defend his dominions," they proceed;
"Penetrated with these sentiments, this, your people, with the utmost con- cern and anxiety observe, that duties have lately been imposed upon them by Parliament, for the sole and express purposes of raising a revenue. This is a taxation upon them from which they concieve they ought to be protected, by the acknowledged principles of the constitution: that freemen cannot be legally taxed but by themselves or by their representatives ; and that they are represented in Parliament they not only cannot allow, but are convinced from . their local circumstances they never can be."
. "Very far is it from our intention, to deny our subordination to that au- gust body,'or our dependence on the kingdom of Great Britain; in these con- nections, and in the settlement of our liberties under the auspicious influence of your royal House, we know our happiness consists, and therefore, to con- firm those connexions and to strengthen this settlement, is at once our interest, duty, and delight. Nor do we apprehend, that it lies within our power by any means more effectually, to promote these great purposes, than by zeal- ously striving to preserve in perfect vigour, those sacred rights and liberties, under the inspiriting sanction of which, inconceivable difficulties and dangers opposing, this colony has been rescued from the rudest state of nature, con- verted into a populous, flourishing, and valuable territory; and has contributed in a very considerable degree, to the welfare of Great Britain."
"Most gracious sovereign, the incessant exertions of your truly royal cares, to procure your people a prosperity equal to your love of them, en- courage us, with all humility, to pray, that, your Majesty's clemency will be graciously pleased to take into consideration our nuhappy circumstances, and to afford us such relief, as your Majesty's wisdom shall judge to be most proper."
IV. The Legislature of Massachusetts, which convened early in January, 1768, addressed remonstrances to the King, to Parliament, and to the minis-
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ters, and a circular letter to the several colonies. The latter contained an exposition of the subject of their remonstrances, a recapitulation of the argu- ments uroed against the stamp act, and declared the taxes lately imposed, to be inequitable, because exacting a duty upon the importation into America, on British manufactures, in addition to that paid on exportation from Eng- land; and that, the proposed disbursements of the revenue, in the payment of the salaries of the governors and judges appointed by the crown, had a ten- dency to subvert the principles of equity, and to endanger the happiness and security of the subject.
V. The promptitude and unanimity of the colonies, generally, on this oc- casion, has been, with great justice, ascribed to the judicious and eloquent essays of Mr. John Dickerson, published as "Letters from a Farmer in Pennsylvania, to the Inhabitants of the British colonies." These, papers, in which the rights of the colonists were ably maintained, were republished in every colony; and the people of Boston, and other towns, in town meeting, voted a letter of thanks to their " patriotic, enlightened, and noble spirited author."
VI. In their controversy upon the stamp act, the colonists found their most effectual weapon in their non-importation agreements. Recourse was again had to them. But as New Jersey had little direct commerce, of im- portation, she could not express her sense of injury, adequately, by this mode; but she was not precluded from giving to her commercial neighbours the stimulus of her approbation. Accordingly, in the October session of 1769, her Legislature resolved unanimously, " That the thanks of the House be given to the merchants and traders of this colony, and of the colonics of New York and Pennsylvania, for their disinterested and public spirited con- duct, in withholding their importations of British merchandise, until certain acts of Parliament, laying restrictions on American commerce, for the ex- press purpose of raising a revenue in America, be repealed."
Efforts being made in Rhode Island, to break through the non-importation agreement, the frecholders, merchants and traders, of the county of Essex, convened at Elizabethtown, on the 5th of June, 1770, and resolved, that such agreement was founded on the truest policy, and was a legal and con- stitutional method of discovering their sense of the acts of Parliament, for raising a revenue in the colonies; and therefore should be firmly adhered to, until such acts were repealed : That they would not themselves, or by others, receive, purchase, sell, or otherwise use, any of the manufactures or mer- chandise, imported from Great Britain, contrary to the agreement; and that, they would not trade, nor have any commercial intercourse, with such per- sons, who should import goods or cause them to be imported, or with any person, who shall purchase goods so imported; but would use every lawful means, to hinder the sale of such goods, in any way whatever: That they highly approved the spirited behaviour of their Boston, New York, and Phi- ladelphia brethren, in renouncing all commerce and intercourse with the traders and inhabitants of Newport, in Rhode Island, who had perfidiously deserted them in this struggle; and that they would observe the same rules of conduct they had so properly adopted, with respect to the traders and in- habitants of Newport. And at a meeting held at the same place, on the 16th of July, when having learned, that " the merchants and traders of the city of New York, had lately thought proper, contrary to their own agreement, and in violation of their public faith, to break through the only measure that could have obtained redress, they declared that the signers to the late non-im- portation agreement, at New York, had perfidiously betrayed the common canse, deserted their countrymen, in their united struggles for the removal of ministerial oppression; and that every person who, contrary to the non-
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importation agreement, shall import, ought, by the friends of their country, to be treated, not only in like manner, as they themselves set the example, in the late case of the merchants and traders of Newport, but be held in the utmost contempt by all the friends of liberty, and treated as enemies to their country : And that they would strictly adhere to their resolutions, adopted at a former meeting. The conduct of the New York importers was con- demned by the inhabitants of Woodbridge, and New Brunswick, and other places, in terms still more energetic. Some of these importers, ventur- ing, soon after, to New Brunswick and Woodbridge, with their goods, were severely handled by the populace.
VII. " On the first intimation of the measures taken by Massachusetts, the Earl of Hillsborough, who, about the close of the year 1767, had been appoint- ed to the then newly created office of Secretary of State, for the department of the colonies, addressed a circular letter to the several governors, to be laid before the Assemblies, in which he treated the circular of Massachusetts, as of the most dangerous and factious tendency, calculated to inflame the minds of his Majesty's good subjects in the colonies-to promote an un- warrantable combination, to excite and encourage an open opposition to, and denial of, the authority of Parliament ; and to subvert the true principles of the constitution; and he endeavoured to prevail upon them to treat with ro- sentment, " such an unjustifiable attempt to revive those distractions, which had operated so fatally to the prejudice of the colonies, and of the mother country ; but in any event, not to take part with Massachusetts, by approv- ing such proceedings." Instructions accompanied this letter, to dissolve such Assemblies as should refuse to comply with its recommendation. It does not appear, that the Assembly of New Jersey took any order upon the circular of Massachusetts. But other colonies declared, that they could not consider as an unwarrantable combination, a concert of measures to give efficacy to their representations, in support of principles essential to the Bri- tish constitution .*
" This circular of Massachusetts, together with the violent proceedings which were subsequently had in that colony, were the cause of joint resolu- tions of both Houses of Parliament, condemning in the strongest terms, the measures pursued by the Americans. An address was agreed upon, approving the conduct of the crown, giving assurances of effectual support to such further measures as should be found necessary to maintain the civil magis- trates in a due execution of the laws within the province of Massachusetts Bay; and beseeching his Majesty, to direct the governor of that colony, to obtain and transmit to him, information of all treasons committed therein, ' . since the year 1767, with the names of the persons who had been most active in promoting such offences, that prosecutions might be instituted against them, within the realm, in pursuance of the statute of the 35th of Henry VIII."+
VIII. The impression made by these menaces, directed specially against Massachusetts Bay, in expectation that the other provinces would be, thereby, deterred from involving themselves in her dangers, was very unfavourable to the views of the mother country. The resolution to resist the exercise of the authority claimed by her, was not only unshaken, but manifested itself in a still more determined form. The Assembly of Virginia, soon after the receipt of these resolutions, asserted, unanimously, the exclusive right of that Assembly to impose taxes on their constituents, and their undoubted privi- lege to petition for redress of grievances, and to obtain the concurrence of the other colonies in such petitions. Alluding particularly to the joint ad-
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dress of the two Houses of Parliament to the King, they also resolved, that all persons charged with the commission of any offence, within that colony, we're entitled to a trial before the tribunals of the country, according to the fixed and known course of proceedings therein; and that to seize such per- sons, and transport them beyond seas for trial, derogated, in a high degree, from the rights of British subjects; as, thereby, the inestimable privilege of being tried by a jury, from the vicinage, as well as the liberty of' summon- ing and producing witnesses, in such trial, would be taken from the party accused. This last resolution was also adopted, in terms, by the Assembly of New Jersey .*
IX. Notwithstanding these strong measures on the part of Parliament, the mass of the English trading population, feeling, severely, the consequences of the non-importation agreement, strongly urged the abrogation of the new duties. And the ministry, affected by the commercial distress, were desirous to give relief, but were resolute to maintain the parliamentary right to tax the colonics.
With criminal weakness they adopted a middle course, remarkable for the ignorance it displays of the state of the public mind, and the nature of the public character, in America. The earnest remonstrances and prompt and energetic resistance of the colonies, had failed to convince them, that the assertion of the right, and not the amount of duty levied, was the true source of complaint. The ministers persisted in believing that a reduction of the tax would restore tranquillity. Under this delusion, assurances were given, in 1769, that five-sixths of the taxes imposed in 1767, should be repealed: and, in 1770, the whole were abolished.
Adhering strictly to their principles, the colonists modified their non-im- portation agreements, to operate on tea alone. This they were better ena- bled to do, as that article could be obtained from continental Europe, by smuggling, in sufficient quantities, and at less price, than if regularly im- ported from Great Britain. The anticipation of revenue, by continuance of the impost act, was, therefore, vain ; and its preservation on the statute book, served but to keep the jealousies and fears of the provinces in constant acti- vity, and to familiarize the people with opposition to a power, which like the sword of Damocles, threatened, momentarily, their destruction.
In some of-the colonies the non-importation agreements were partially vio- lated; but, in the greater part, they were religiously observed. By the reve- nue act, in its modified form, their rights were exposed to violation, yet their preservation depended on themselves ; since, whilst no dutiable commodity was purchased, no duty was paid; and whilst this commodity was, other- wise, cheaply procured, no privation was sustained. Hence, a state of poli- tical quiet ensued the repealing act of 1770. The ministry seemed disposed to avoid further aggression, and the Americans, generally, ceased to remon- strate and complain ; although they continued to watch, with lynx-eyed vigi- lance, every movement of the British government, and to discuss, publicly and privately, the value of the union between the colonies and the parent state.
X. The period of four years, which succeeded the modification of the revenue act, contains few incidents of historical interest. The late war, by the great expenditure of money, and consumption of agricultural products, had caused an extraordinary appearance of prosperity in New Jersey, as in other colonies. A ready market and advanced price for grain, increased the value of lands, and seduced the enterprising into improvident purchases. The causes of this excited state ceasing with the peace, great depression
* December 6th, 1769.
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of prices, and contraction of business, ensued. Debtors were unable to pay ; bankruptcies and suits at law were numerous, and the prosecuting creditor and his attorney became odious to the debtor and his sympathizing friends. In popular distress, as and arms, the laws are silent. In January, 1770, many citizens of Monmouth county, assembled at Freehold, on the stated day for holding the county court, and violently deterred the judges from exe- cuting their office; compelling them to return to their respective homes; and a similar riot, in Essex, was suppressed, only, by the spirited conduct of the sheriffs, magistrates, and the better disposed inhabitants. The cause alleged for these unwarrantable proceedings, was oppression by the lawyers, in their exorbitant charges for costs. The governor, by the advice of his council, issued a special commission for the trial of the offenders, adding to the jus- tices of the Supreme Court, some gentlemen of distinguished character. In Essex, the rioters were immediately tried, convicted, and punished; but, in Monmouth, they were screened from chastisement, by the sympathy of their fellow-citizens. The Assembly was specially convened as well to receive and continue legal process, which had abated by the lapse of a term, as to provide additional means for the preservation of the public peace. And whilst effecting these objects, they inquired strictly into the allegations against the lawyers, acquitting them of extortion, but providing by law against exces- sive costs, in the recovery of debts under fifty pounds. In suppressing these seditions Mr. Richard Stockton was highly instrumental, supporting with dignity the authority of government, and mildly assuaging the temper of the people.
XI. In the intercourse between Governor Franklin and the Assembly, considerable harmony prevailed. But, occasionally, differences of opinion led to intemperate altercation. Thus, a war of words grew out of the appli- cation of the officers of the King's troops, for supplies and accommodations greater than the House was disposed to grant. For, although the statesmen of New Jersey did not take the high ground of Massachusetts, upon this sub- ject, they were reluctant to expend any thing more than the strictest con- struction of the act of Parliament required. A lengthened discussion was finally terminated by mutual concession. But another dispute soon after arose, on the application of the Assembly, for the removal of the treasurer of . the castern division of the province. With singular policy, a treasurer was retained and located in each of the ancient divisions of the colony; and by policy not less singular, they were appointed by the governor, gave no secu- rity for the faithful performance of their duties, but were responsible to, and always accounted with, the Assembly.
XII. Mr. Stephen Skinner was treasurer of East Jersey, and resident at Perth Amboy. On the night of the 21st of July, 1768, his house was broken open, and the iron chest in which he kept the provincial funds, was robbed of sixty-six hundred pounds, chiefly in bills of credit. The character of the treasurer was fair, and his statement of circumstances was received without inquiry, during two years; when no clue being discovered to the robbery, the Assembly, October, 1770, directed an investigation, and came to the conclusion, that the loss was occasioned by the want of that care, which was necessary to the safe keeping of the money; and that the treasurer ought not to be allowed therefor in his accounts. But no further steps were taken in this matter, until September, 1772; when, the treasurer remon- strating against this vote, the then House approved the sentiment of its pre- decessor, and invited the governor to join them in some method to compel the treasurer to account for the sum, said to be stolen.
The committee, addressing his excellency, complained, " that though the treasurer did not apprehend himself accountable for that sum to the public,
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as in the treasury, he was still continued in office, the public money still de- pended on his care, and nothing had been done to recover the deficiency." Notwithstanding this broad intimation, the governor insisted, that if the House desired the removal of the treasurer, they should tell him so, in plain terms. Ile reproached them for their insinuation of neglected duty, and re- torted the charge, averring, that for several years, they had taken no order on the matter. The Assembly, thus urged, now left the governor no cause to doubt their wishes, and closed a long argumentative reply, with " humbly requesting his excellency, that he would be pleased to remove the treasurer from his office, appoint some other person therein, and unite with them in passing a law, authorizing the treasurer, so appointed, to commence suit for the deficiency against his predecessor. The governor did not object to a suit for determining the liability of the officer; and a committee of the coun- cil, in conference with one from the Assembly, proposed to file an informa- tion against the treasurer ; but the House rejected the mode, alleging, that a criminal prosecution would not attain their object. On the other hand, the governor refused to commit the injustice of removing a public officer, who, though unfortunate, had not been convicted of malfeasance ; and whose con- duct and character the Assembly, after examination, had declared unim- peached. He pleaded, also, a royal instruction, forbidding him to displace any officer or minister, in the province, without sufficient cause, to be signitied to the king; an instruction, he said, wisely calculated to guard against that arbitrary, despotic temper, which sometimes actuated governors, as well as that levelling, democratic disposition, which too often prevails in popular assemblies.
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