USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 26
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The better to enforce these resolutions, Congress recommended the ap- pointment of committees in the several counties and towns, who, soon after their appointment, under the names of committees of superintendence and correspondence, assumed no inconsiderable portion of the executive power and duties in the several colonies, and became efficient instruments in aiding the progress of the revolution.
XII. The New Jersey delegates reported the proceedings of Congress to the Assembly of that colony, on the 11th January, 1775, by whom they were unanimously approved; such members as were Quakers, excepting, only, to such parts as seemed to wear an appearance, or might have a ten- dency to force, as inconsistent with their religious principles.
And the House resolved, that the same gentlemen should represent the colony in the future Congress, should report their proceedings therein to the Assembly at its next session; should propose and agree to cvery reasonable
* Congress held their sessions in Carpenter's Hall.
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and constitutional measure, for the accommodation of the unhappy differ- ences subsisting between the mother and her colonies. And having been informed that at the preceding Congress, an attempt was made to give some of the colonies a greater number of votes than others, in determin- ing questions before it, the Assembly, instructed their delegates not to agree to a measure of that kind unless upon condition, that no vote so taken, should be obligatory on any colony, whose delegates did not assent thereto. The equality of the colonies in their deliberations was, however, preserved, and all questions were, throughout the contest, resolved by Congress, each colony having a voice alike potential.
XIII. The joint action of the colonies was, specially, obnoxious to the royal government; and the governors of the respective colonies threw every obsta- cle in their power in the way of its accomplishment. To this end, Governor Franklin refused to summon the Assembly, notwithstanding the petitions of the people; and the first delegates to Congress were consequently elected by a convention, and not by the House. On opening the session of the Assem- bly, January, 1775, he observed. " It would argue not only a great want of duty to his Majesty, but of regard to the good people of this province, were I, on this occasion, to pass over in silence, the late alarming transactions in this and the neighbouring colonies, or not endeavour to prevail on you to exert yourselves in preventing those mischiefs to this country, which, with- out your timely interposition, will, in all probability, be the consequence.
"It is not for me to decide on the particular merits of the dispute between Great Britain and her colonies, nor do I mean to censure those who conceive themselves aggrieved, for aiming at a redress of their grievances. It is a duty they owe themselves, their country, and their posterity. All that I would wish to guard you against, is the giving any countenance or encouragement to that destructive mode of proceeding which has been unhappily adopted, in part, by some of the inhabitants of this colony, and has been carried so far in others, as totally to subvert their former constitution. It has already struck at the authority of one of the branches of the Legislature in a particular man- ner. And if you, gentlemen of the Assembly, should give your approbation to transactions of this nature, you will do as much as lies in your power, to destroy that form of government, of which you are an important part, and which it is your duty by all lawful means to preserve. To you, your con- stituents have entrusted a peculiar guardianship of their rights and privileges, you are their legal representatives, and you cannot, without a manifest breach of your trust, suffer any body of men in this, or any of the other provinces, to usurp and exercise any of the powers vested in you by the constitution. It behooves you, particularly, who must be constitutionally supposed to speak the sense of the people at large, to be extremely cautious in consenting to any act whereby you may engage them as parties in, and make them an- swerable for measures which may have a tendency to involve them in diffi- culties far greater than those they aim to avoid."
"Besides, there is not, gentlemen, the least necessity, consequently, there will not be the least excuse for your running such risks, on the present occa- sion. If you are really disposed to represent to the King any inconveniences you conceive yourselves to lie under, or to make any propositions on the present state of America, I can assure you, from the best authority, that such representations or propositions will be properly attended to, and certainly have greater weight coming from each colony in its separate capacity, than in a channel, the propriety and legality of which there may be much doubt."
" You have now pointed out to you, gentlemen, two roads-one evidently leading to peace, happiness, and a restoration of the public tranquillity-the other inevitably conducting you to anarchy and misery, and all the horrors
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of a civil war. Your wisdom, your prudence, your regard for the true inte- rests of the people, will be best known, when you have shown to which road you give the preference. If to the former, you will probably afford satisfac- tion to the moderate, the sober, and discreet part of your constituents. If to the latter, you will perhaps give pleasure to the warm, the rash, and inconsi- derate among them, who, I would willingly hope, violent, as is the temper of the present times, are not even now the majority. But, it may be well for you to remember, should any calamity hercafter befall them from your com- pliance with their inclinations, instead of pursuing, as you ought, the dictates of your own judgment, that the consequences of their returning to a proper sense of their conduct, may prove deservedly fatal to yourselves."
XIV. These persuasions were powerless, as we have seen, with the As- sembly, who, unanimously approved and adopted the very measures which the governor condemned; and it may be proper to give their justification of their conduct, in the reply of the House to his address.
" We should have been glad," they say, "that your excellency's inclina- tions to have given us carly an opportunity of transacting the public busi- ness, as was consistent with our 'convenience,' had terminated in a manner more agreeable to your design, and more favourable to us, than it really has done, on the present occasion. If the petitions, which we understand have been presented to you, had been granted, we should have had a meeting more convenient to us than the present; and that meeting, perhaps, would have prevented some of those 'alarming transactions,' which your excel- lency's apprehensions of your duty leads you to inform us, as having hap- pened in this colony. We thank you for your intention to oblige us; but that it may not be so entirely frustrated in future, permit us to inform you, it will be much the most agreeable to us, that the meeting of the House, to do public business, should not be postponed to a time later than when the bill for the support of government expires."
" We are sorry to hear, that in your excellency's opinion, there has been of late, any 'alarming transactions' in this and the neighbouring colonies; our consent to, or approbation of which, may lead the good people we repre- sent, into 'anarchy, misery, and all the horrors of a civil war.' It is true you are pleased to tell us, that this destructive mode of proceeding has been adopted, but 'in part,' by some of the inhabitants of this colony. We as- sure you, that we neither have, nor do intend to give our approbation to measures destructive to the welfare of our constituents, and in which we shall be equally involved with them .- Their interests and our own, we look upon as inseparable. No arguments are necessary to prevail on us to endeavour to prevent such impending calamities; and if we should, at any time, mistake our duty so much, we hope your regard to the public will induce you to exert the prerogative, and thereby give them the choice of other representa- tives, who may act with more prudence. The uncertainty, however, to what 'alarming transactions,' in particular, you refer, renders it sufficient for us to assure you, ouly, that we profess ourselves to be the loyal subjects of the King, from whose goodness we hope to be relieved from the present unhappy situation; that we will do all in our power to preserve that excellent form of government, under which we at present live; and that we neither intend to usurp the rights of others, nor suffer any vested in us by the constitution, to be wrested out of our hands, by any person or persons whatever.
" We sincerely lament the unhappy differences which at present subsist between Great Britain and her colonies. We shall heartily rejoice to see the time, when they shall subside, on principles consistent with the rights and interests of both, which we ardently hope is not far off; and though we can-
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not conceive how the separate petition of one colony, is more likely to suc- ceed, than the united petitions of all, yet, in order to show our desire to pro- mote so good a purpose, by every proper means, we shall make use of the mode pointed out by your excellency, in hopes that it will meet that attention, which you are pleased to assure us, will be paid to the representatives of the people."
This was the language of men who had well weighed their measures, and were resolved to abide their consequences. Nor is such resolution rendered less obvious, by the tone of irony and persiflage, which pervades their comments on the specious, but hollow assurances of the governor, of the success which might ensue a departure from the union entered into by the colonies.
XV. The rejoinder of the governor, was remarkable for good temper and moderation; evincing that his course was prompted, more by the duties of his station, than by his judgment, which would probably have united him with the people.
" Were I to give such an answer," he said, "to your address, as the pecu- liar nature of it seems to require, I should be necessarily led into the expla- nation and discussion of several matters and transactions, which, from the regard I bear to you, and the people of this colony, I would far rather have buried in perpetual oblivion. It is, besides, now vain to argue on the subject, as you have with the most uncommon and unnecessary precipitation, given your entire approbation to that destructive mode of proceeding, which I so earnestly warned you against. Whether, after such a resolution, the petition you mention, can be reasonably expected to produce any good effect; and whether you or I have best consulted the true interests of the people, on this important occasion, I shall leave others to determine."
The language of the council, however, was in a different tone, and as loyal as the governor himself could desire. " We agree with your excellent- cy," say they, " that it would argue not only a great want of duty to his Majesty, but of regard to the good people of this province, were we, on this occasion, to pass over in silence, the present alarming transactions, which are so much the objects of public attention, and, therefore, beg leave to as- sure you, that feeling ourselves strongly influenced, by a zealous attachment to the interests of Great Britain and her colonies, and deeply impressed with a sense of the important connexion they have with each other, we shall, with all sincere loyalty to our most gracious sovereign, and all due regard to the true welfare of the inhabitants of this province, endeavour to prevent those mischief's which the present situation of affairs seems to threaten; and by our zeal for the authority of government on the one hand, and for the constitu- tional rights of the people on the other, aim at restoring that health of the political body. which every good subject must earnestly desire."
" Your excellency may be assured, that we will exert our utmost influence, both in our public and private capacities, to restore that harmony between the parent state, and his Majesty's American dominions, which is so essen- tial to the happiness and prosperity of the whole empire. And earnestly looking for that happy event, we will endeavour to preserve peace and good order, among the people, and a dutiful submission to the laws."
XVI. The committee appointed for the purpose, composed of Messrs. Wetherill, Fisher, Ford, Tucker, and Shepherd, reported a petition to his Majesty, which was adopted by the House. This instrument contained, in a short compass, the black catalogue of the grievances of the colonies, and prayed for that redress, which his Majesty's gracious assurances signified by their governor, that the representations or propositions of the colonies would be attended to, led them to expect.
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In England, the proceedings of the Americans were still viewed with great indignation by the King and his ministry. His Majesty, in his opening speech," to a Parliament newly elected, declared, before intelligence had been received of the course of the Congress, " that a most daring spirit of resistance and disobedience to the laws unhappily prevailed in the province of Massachusetts, and had broken forth in fresh violences of a very criminal nature; and that these proceedings had been countenanced and encouraged in his other colonies; that unwarrantable attempts had been made to obstruct the commerce of his kingdoms by unlawful combinations; and that he had taken such measures, and given such orders, as he judged most proper and effectual for carrying into execution the laws, which were passed in the last session of the late Parliament, relative to the province of Massachusetts; an address, echoing the royal speech, was carried by large majorities in both Houses of Parliament, but not without a spirited protest from some few lords of the minority.t
XVII. The reception, in London, of the proceedings of Congress appeared to have a momentary beneficial effect upon their cause. The administration was staggered, and the opposition triumplied in the truth of their predictions, that the measures pursued by the ministry would unite all the colonies in re- sistance. The petition of Congress to the King was declared by the Secre- tary of State, after a day's perusal, to be decent and proper, and was received, graciously, by his Majesty, who promised to lay it before his two Houses of Parliament. But the ministry had resolved to compel the obedience of the Americans. Hence every representation from America, coming through channels other than ministerial partisans, was unwillingly received, and de- nied all credit. The remonstrances of the representatives of three millions of men, made under the most awful and affecting circumstances, and the most sacred responsibilities, were treated, perhaps believed, as the clamours of an unruly multitude. In vain did the merchants of London, Bristol, Glasgow, Norwich, Liverpool, Manchester, Birmingham, and other places, by petition, pourtray the evils which must result from such determination, and predict the dangers to the commercial interests of the kingdom: In vain did the planters of the sugar colonies, resident in Great Britain, represent, that the profits on British property in the West India islands, amounting to many millions, which ultimately centered in Great Britain, would be deranged and endangered by the continuance of the American troubles: In vain did the venerable Earl of Chatham, roused from a long retirement, by the dan- ger of losing these colonies, which his own measures had protected, and, seemingly, assured to the parent state, apply his comprehensive mind and matchless eloquence to arrest the fatal course of the administration : In vain, from a prophetic view of events, did he demonstrate the impossibility of sub- jugating the colonies; and urge the immediate removal of the troops collect- ed by General Gage, at Boston, as a measure indispensably necessary to open the way for an adjustment of the differences with the provinces: In vain, when undiscouraged by the rejection of the motion, did he propose a bill for settling the troubles in America. The period of American emancipa- tion had approached, and the power which might have delayed it, was pro- videntially stultified.
XVIII. Both Houses of Parliament joined in an address to the King, de- claring " that they find a rebellion actually exists in the province of Massa- chusetts." This was followed by an act for restraining the trade and com-
* October 30th.
t Richmond, Portland, Rockingham, Stamford, Stanhope, Torrington, Ponsonby, Wycombe, and Camden.
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merce of the New England provinces, and prohibiting them from carrying on the fisheries on the banks of Newfoundland, which was subsequently extended to New Jersey, Pennsylvania, Maryland, Virginia, South Carolina, and the counties on the Delaware.
Pending the consideration of this bill, Lord North introduced what he termed a conciliatory proposition. It provided that when any colony should propose to make provision, according to its circumstances, for contributing its proportion to the common defence, (such proportion to be raised under the authority of the General Assembly of such colony, and disposable by Parliament,) and should engage to make provision also, for the support of the civil government, and the administration of justice in such colony; it would be proper, if such proposal were approved by his Majesty and Parliament, and for so long as such provision should be made, to forbear to levy any duty or tax, except such duties as were expedient for the re- gulation of commerce; the net produce of such duties to be carried to the account of such colony. This proposition was opposed by the friends of the minister, as an admission of the correctness of the American views as to taxation by Parliament, and as a concession to armed rebels; until it was explained, that the resolution was designed to enforce the essential part of taxation, by compelling the Americans to raise, not only what they, but what Parliament, should think reasonable. The minister declared, " that he did not expect the proposition would be acceptable to the Americans; but, that, if it had no beneficial effect in the colonies, it would unite the people of Eng- land by holding out to them a distinct object of revenue; that, as it tended to unite England, it would produce disunion in America ; for, if one colony accepted it, the confederacy, which made them formidable, would be broken."
This avowal of the character and tendency of the resolution was not re- quisite to enlighten the colonists. On its transmission to the provinces, it was unanimously rejected.
XIX. For the sole purpose of communicating this resolution, Governor Franklin convened the Assembly of' New Jersey, at Burlington, on the 15th of May, 1775; when, by a long and elaborate speech, he sought to set it be- fore them, in a light, different from that in which it had been viewed by the Legislatures of the other colonies. Soon after the opening of the session, a circumstance occurred, illy adapted to prepare the House for any favourable impression from the governor. Mr. Tucker laid before the Assembly, a copy of " The Parliamentary Register, No. 5," containing, among other things, an extract of a letter, from Governor Franklin to the Earl of Dart- mouth, dated the 1st February, 1775, received February 28th; in which the governor represents the House as divided in their approbation of the proceed- ings of the late Congress. The House sent the governor a copy of the ex- tract, with a request, to be informed, whether it contained a true representa- tion of the words or substance of the letter written by him, relative to the proceedings of the last session of Assembly. His excellency complained of the course of the House, in entering the extract upon their minutes, and en- deavouring to inculpate him; but denied the correctness of the extract. The House was still dissatisfied, and referred his answer to a committee, to report thereon, at the next session, when the matter was suffered to fall, without further notice. Under the excitement produced by this atfair, the House replied to the governor's address, delivered at the opening of the session.
" As the continental Congress," they said, " is now sitting, to consider of the present critical situation of American affairs, and as this House has al- ready appointed delegates for that purpose, we should have been glad that
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your excellency had postponed the present meeting, until their opinion could be had upon the resolution now offered for our consideration, and to which we have no doubt a proper attention will be paid; more especially, as we cannot suppose you to entertain a suspicion, that the present House has the least design to desert the common cause, in which all America appears both deeply interested, and firmly united, so far as separately and without the advice of a body, in which all are represented, to adopt a measure of so much importance. Until this opinion be known, we can only give your excellency our present sentiments, being fully of the opinion, that we shall pay all proper respect to, and abide by the united voice of the Congress on the present occasion." * " We confess that your excellency has put a construction on the proposition which appears to us to be new, and if we could be of the opinion that the resolution 'holds no proposition beyond the avowal of the justice, the equity, and the propriety of subjects of the same state, contributing according to their abilities and situation to the public bur- dens,' and did not convey to us the idea of submitting the disposal of all our property to others, in whom we have no choice, it is more than probable, that we should gladly embrace the opportunity of settling this unhappy dispute."
"Most Assemblies on the continent have, at various times, acknowledged and declared to the world their willingness, not only to defray the charge of the administration of justice and the support of the civil government, but also to contribute, as they have hitherto done, when constitutionally called upon, to every reasonable and necessary expense for the defence, protection, and security of the whole English empire; and this colony in particular, hath always complied with his Majesty's requisitions for these purposes : And we do assure your excellency, that we shall always be ready, according to our abili- ties and to the utmost of our power, to maintain the interest of his Majesty and of the parent state. If, then, your excellency's construction be right, and if a 'proposal of this nature,' will, as you are pleased to inform us, be received by his Majesty with every possible indulgence, we have hopes, that the decla- ration we now make, will be looked on by his Majesty and his ministers, not only to be similar to what is required from us, but also to be, "a basis of a negotiation, on which the present differences may be accommodated-an event which we most ardently wish for."
" We have considered the resolution of the House of Commons. We would not wish to come to a determination, that might be justly called precipitate, in the present alarming situation of affairs. But if we mistake not, this reso- lution contains no new proposal. It appears to us to be the same with one made to the colonies, the year preceding the passage of the stamp act. Ame- rica then did not comply with it; and though we are sincerely disposed to make use of all proper means to obtain the favour of his Majesty and the Parliament of Great Britain, yet we cannot in our present opinion, comply with a proposition, which we really apprehend to give up the privileges of freemen ; nor do we want any time to consider, whether we shall submit to that, which, in our apprehension, will reduce us and our constituents to a state little better than that of slavery."
"By the resolution now offered, if assented to, we think we shall be to all intents and purposes, as fully and effectually taxed by our fellow subjects, in Great Britain, where we have not any representation, as by any of the late acts of the British Parliament, under which we have been aggrieved, of which we have complained, and from which we have prayed to be relieved; and that, too, in a much greater degree perhaps, than by all those acts put to- gether. We cannot consent to subject the property of our constituents to be taken away for services and uses, of the propriety of which we have no right to judge, while to us, are only left the ways and means of raising the money.
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We have always thought and contended, that, we had a right to disposeof our property ourselves, and we have always cheerfully yielded our assistance to his Majesty in that way, when the exigencies of affairs required us so to do, and he has condescended to ask it of us. At this period we cannot form any judgment, either of the extent of the proposition, or of the consequences in which the good people of the colony may be involved, by our assent to a provision so indeterminate, for it appears to us to be impossible to judge what proportion or share the people can bear, until we know what situation they will be in, when any sum is intended to be raised."
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