USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 28
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The escalade of the town was made with a force of less than eight hun- dred men .* Two fints were directed, one by Colonel Livingston, at the head of his regiment of Canadian auxiliaries, the other by Major Brown; the principal attacks were conducted by Montgomery and Arnold, in person. The former advancing against the lower town, had passed the first barrier, and was preparing to storm the second, when he was killed by the discharge of a cannon tired by the last of its retreating defenders. His death so dispi- rited the assailants, that Colonel Campbell, on whom the command devolved, thought proper to draw them off. Arnold, at the head of about three hun- dred and fifty men, with irresistible impetuosity, carried a two gun battery ; but in the conflict, receiving a wound from a musket ball, which shattered his leg, he was compelled to quit the field. His party continued the assault, and mastered a second barrier. Bet, after a contest for three hours with the greater part of the garrison, finding themselves hemmed in, without hopes of success, relief, or retreat, they yielded themselves prisoners. This issue, so unfortunate for the colonists, relieved the town from all apprehensions for its
December 31st, 1775.
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safety; the invaders being so much weakened as to be scarce competent to their own defence. Arnold encamped at three miles distance from Quebec, and maintained his position amid many difficulties and great privations, until the spring, when he was joined by reinforcements.
The fall of General Montgomery was deplored by friends and foes. He was an Irishman by birth, and though scarce thirty-eight years of age, a veteran soldier. He had shared in the labours and triumph of Wolfe; was distinguished for talent and military genius, and blessed with a mild and constant temper, and dauntless courage. The highest honours of his profes- sion awaited him in the British service. These he abandoned for the enjoy- inents of domestic happiness in the country of his adoption. But, devoted to freedom, he engaged enthusiastically in defence of the American cause, and by his early successes in the Canadian campaign, induced the highest antici- pations of future greatness. In Parliament, his worth was acknowledged, and his fate lamented; the minister himself joined in his praise, whilst con- demning the cause in which he fell, and concluded his involuntary panegyric, in the language of the poet, crying, "Curse on his virtues, they've undone his country." In Congress he was mourned as a martyr to liberty, and by their direction a marble monument, of beautiful simplicity, with emblematical devices, has been erected to his memory, in front of St. Paul's church, New York.
XXVI. The provincial Congress of New Jersey re-assembled on the fifth of August, 1775, and engaged in devising further means for the collection of the tax they had imposed and for the organization of the militia. They directed fifty-four companies, cach of sixty-four minute men, to be organized, allotting to cach county a specific number, and assigning the duty of ap- pointing their officers to the respective county committees. The minute men entered into the following engagement: "We, the subscribers, do vo- luntarily enlist ourselves as ranute men in the company of
in the county of And d'o promise to hold ourselves in constant readiness, on the shortest notice, to march to any place where our assistance may be required, for the defence of this and any neighbouring colony; as also to pay due obedience to the commands of our officers, agreeable to the rules and orders of the continental Congres, or the provincial Congress of New Jersey, or during its recess, of the committee of safety." These troops were formed into ten battalions; in Bergen, Essex, Middlesex, Monmouth, Somerset, Morris, Sussex, Hunterdon, and Burlington, one cach; in Cilon- cester and Salem one, whilst in the counties of Cumberland and Cape May were independent light infantry and rangers :- They took precedence of the cher militia, and were entitled to be relieved at the end of four months, unless in actual service. Congress, also, resolved, that two brigadier-gene- rals should be appointed, but named, at the time, only Mr. Philemon Dicken- son to that command. Mr. Livingston soon after received the other com- mission. And as there were a number of people within the province, whose peculiar religious principles did not allow them, in any case to bear arms-the Congress declared, that they intended no violence to con- science; and, therefore, carnestly recommended it to such persons to con- tribute the more liberally, in these times of universal calamity, to the relief of their distressed brethren; and to do all other services to their oppressed country, consistent with their religious profession, which They cheareally did.
But the chief measure of the provincial Congress was the perpetuation of the authority which they had assumed. To this end they resolved, that, " Whereas, it is highly expedient, at a time when this province is likely to be involved in all the horrors of civil war, and when it has become abso .. lutely necessary to increase the burden of taxes, already laid on the good
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people of this colony, for the just defence of their invaluable rights and privi- leges, that the inhabitants thereof should have frequent opportunities of re- newing their choice and approbation of the representatives in provincial Congress :- Therefore, the inhabitants in each county, qualified to vote for representatives in General Assembly, shall meet together, (at places desig- nated) on the twenty-first day of September next, and elect, not exceeding ยท five substantial freeholders as deputies, with full power to represent such county in provincial Congress to be holden at Trenton on the third of Octo- ber next :- That during the continuance of the present unhappy disputes between Great Britain and America, there be a new choice of deputies in every county, ycarly, on the third Thursday of September :- That on the said Thursday in every year, such inhabitants shall choose a sufficient num- ber of frecholders to constitute a county committee of observation and cor- respondence, with full power as well, to superintend and direct the necessary business of the county, as to carry into execution the resolutions and orders of the continental and provincial Congresses :- That the inhabitants of each township, so qualified, do immediately choose a sufficient number of free- holders to constitute a township committee, and that on the second Tuesday of March, thereafter, they make a like choice, to act as committee of observa- tion and correspondence, in the townships, respectively, with power within their precincts, similar to that conferred upon the county committees.
Having appointed Jonathan D. Sergeant their treasurer, and a committee of safety to exercise their powers during the recess, the Congress adjourned to the twentieth day of the ensuing September,* at which session no important matters seem to have occurred. The Congress, elected in September, con- vened in October, when they were employed chiefly in modifying the ordi- nance for regulating the militia, and in collecting and preparing the scanty stock of munitions of war which the country contained. At their rising, this Congress, also, appointed a committee of safety from among themselves, who, in the vacation, continued the measures for the defence of the country. They called before them persons accused of disaffection to the American cause, fined, imprisoned, or held them to boil, as tiny deemed meet; and where tho accused was an officer of the government, they suspended him from the exercise of his functions. But having received several communica- tions from the continental Congress, relative to raising of additional force for the general service, the establishment of a court of admiralty, and regu- lations for the continental troops, raised in the colonies, they summoned the provincial Congress to meet at New Brunswick, on the thirty-first of Ja- nuary.j
The procurement of arms and munitions was a labour of very great diffi- culty. The policy of the continent, in its anterior warfare with the ministry, having prohibited importation, the whole country was bare of these indis- pensable agents of war; and to equip even one battalion, that of Colonel
* Names of committee of safety-Hendrick Fisher, Samuel Tucker, Isaac Pearson, John Hart, Jonathan D. Sergeant, Azariah Dunham, Peter Schenk, Enos Kelsey, Joseph Borden. Frederick Freelinghausen, and John Schurman .- Min. of Convention. This committeo was changed, by the Congress holden in Trenton, in October. But I have not been able to find the minutes of the sessions of the provincial Congress of September and October, 1775. The proceedings, then had, do not seem to have been considered important, since they were not printed, so far as my researches have ena- bled me medicover. The Following are the names of the committee of safety ap- pointed in (rober : at least of such as attended the session of Jannary 10th, 1226; the proceedings of which have been published, viz. Samuel Tucker, president, Hendrick Fisher, vice-president, Abraham Clark, secretary, Azariah Dunham, Rulotie Van- dyke, John Dennis. Augustine Stevenson, John Pope, John Hart, Joseph Holmes.
t See Appendix, note D) D, for the names of the members of provincial Congress, elected in September, 1775.
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Maxwell, ordered to march to Canada, the provincial Congress was com- pelled to apply to the county committees, and to appeal to the patriotism of individuale.
On the sixth of February, 1776, the Convention made a new appointment of delegates, to the continental Congress, for the current year, consisting of William Livingston, John de Hart, Richard Smith, John Cooper, and Jona- than Dickenson Sergeant, who, or any three of them, were empowered to agree to all measures which such Congress might deem necessary, and in case of the adjournment of the continental Congress, to represent the pro- vince in any other such Congress as might assemble during their delegation. The thanks of the Convention were given to their late representatives.
This Congress, like its predecessors, exercised the whole power of the state, assuming control over its funds, and directing its physical energies. A first measure was an endeavour to protect such points as they deemed most exposed to the forces from the British fleet ; which, under the supposition, that New York was adequately defended, they believed to be Perth Am- boy, and Swedesborough on the Delaware. For this object the conti- nental Congress was solicited to take into pay two battalions and two com- panies of artillery; but Congress were unable to do more than order the procurement of twelve pieces of small cannon, and to engage for the mainte- nance of two companies of artillery, which were raised by the province. An ordinance was passed modifying the form of association, and delaring, that, though it was not the design of the Congress to offer violence to conscience, yet it was highly necessary, that all the inhabitants should associate, so far as their religious principles would permit; and, therefore, directing, that all per- sons, whose religious principles would not suffer them to bear arms, and to sign the general association, might sign it with the following proviso. "I agree to the above association, as far as the same is consistent with my reli- gious principles." All persons refusing to sign this modified form, were to be disarmed, to give security for their peaccable conduct, and pay the expenses attending thereon. 'The township and county committees were charged with the execution of this ordinance, and appeal by a party aggrieved was permitted from the township, to the county, committee, and from the latter to the Congress. These committees were also empowered to confine any person, notwithstanding his offer of security, whose freedom might prove dangerous to the common cause. It was further declared, that all such persons, between the ages of sixteen and fifty years, who should not attend, properly accoutred, and bear arms, on the times appointed for the general muster of the militia, should pay ten shillings for each default, to be reco. vered by warrant of distress. And in order to encourage enlistment into the service of the United Colonies, the Congress granted to the soldiers, exemption of person and goods from execution for small debts, and to procure a sup- piy of nitre and common salt, they established a bounty on the manufacture of both articles.
The impending invasion of New York, filled that city with alarm, and many of its inhabitants actuated by various motives, disposed themselves in the neighbouring counties of New Jersey. So numerous was this emigration that the provincial Congress, doubting, whether it was caused by cowardice or cunning, passed an ordinance to repress it .- Providing, that " whereas, large numbers of people are daily removing from the neighbouring colonies into New Jersey, and it being unknown upon what principles such removals are occasioned, whether to seek an asylum from ministerial oppression, or the resentment of their injured country, to whom they may have become ob- noxious, by adhering to the present system of tyranny, now endeavouring to be executed in America; and it being inconsistent with the principles of per-
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sons, properly attached to the cause of liberty, to desert their town or county at a time their assistance may be absolutely necessary for its defence, unless the support and maintenance of their families may make such removal neces- sary-This Congress, therefore, think it advisable, that, although the inha- bitants of this colony ought most cheerfully, to receive into their protection, and afford all the relief in their power, to all such as are helpless, and unable to defend themselves, yet they ought to prevent the desertion of places in immediate danger of attack from the enemy, by all who are proper to re- main for the defence thereof, and also to prevent persons inimical to the liberties for which the United States are contending, from taking refuge in this province-For remedy whereof, they resolved, that all persons proper to bear arms, who had removed, or should remove into the colony from any city or county of another province, in danger of being suddenly attacked, should immediately return to make that defence, becoming every good citi- zen, unless they should produce permits from the committee of the precinct, from whence they removed, to reside in this colony, or unless such residence appeared necessary for the support of the resident's family, or he had no visible means of support whence he came, and could procure such support by his industry in this colony. And they further resolved, that all suspected persons removing into the colony, should be immediately returned to the place whence they came, unless their detention as delinquents should be proper; or unless they produced certificates from the committee of the precinct, from which they came, that they had signed the association recom- mended by Congress, and had not subsequently contravened it." The execu- tion of this ordinance was consigned to the several county and township committees.
Some irregularities having taken place in the election of the existing Con- gress, this body resolved to dissolve itself, and to direct the election of another, on the fourth Monday of May, following, and thence annually ; and repealing a former ordinance, they passed one, for that purpose, in which the right to vote was extended to all persons, who having signed the general associa- tion, were of full age, had resided immediately preceding the election, for the space of one year, in the colony, and were worth fifty pounds in personal estate.
XXVII. Governor Franklin convened the Legislature on the 16th of No- vember, 1775, that they might have an opportunity of transacting such busi- ness as the public exigencies required. In his opening address he observed. " Having lately said so much to you, concerning the present unhappy situa- tion of public affairs, and the destructive measures which have been adopted . in the colonies under the pretence of necessity ; and as I do not sec, that the urging any more arguments on that head has a chance of producing any good effect, I shall not endanger the harmony of the present session by a further discussion of the subject." He proceeded, however, to inform them from his instructions, "That his Majesty laments to find his subjects in Ame- rica, so lost to their own true interests, as neither to accept the resolution of the House of Commons of the 20th of February, nor make it the basis of a negotiation, when, in all probability, it would have led to some plan of ac- commodation, and that, as they have preferred engaging in a rebellion, which menaces to overthrow the constitution, it becomes his Majesty's duty, and is his firm resolution, that the most vigorous efforts should be made, both by sea and Iand to reduce his rebellious subjects to obedience. But it is hoped, that unfavourable as the prospects are at present, the time will come, when men of sense, and friends to peace and good order will see the fatal conse- quences of the delusions which have led to the measures the people of America are now pursuing, and that we may yet see the public tranquillity re-esta-
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blished on the ground of the terms held out by his Majesty and the Parlia- ux.nt."
"Although," he continued, "the King's officers in this province, have not, as yet, (except in one or two instances,) met with any insults or improper treatment from any of the inhabitants; yet such has been the general infatua- tion and disorder of the times, that had I followed the judgment and advice of some of my best friends, I should ere this, have sought, (as others of the King's governors have done,) an asylum on board of one of his Majesty's ships. But, as I am conscious that I have the true interest and welfare of the people at heart, (though I am so unhappy as to differ widely in opinion with their representatives with respect to the best means of serving them, in the present crisis,) I shall continue my confidence in that affection and re- gard which I have on so many occasions experienced from all ranks during my residence in this colony."
"I have, indeed, the stronger inducement to run this risk and to use my influence with the other crown officers to do the same, because our retreat would necessarily be attributed to either the effect, or well grounded appre- hension of violence, and of course subject the colony to be more immediately considered as in actual rebellion, and be productive of mischiefs, which it is my earnest inclination and determination to prevent, as far as may be in my power. Let me, therefore, gentlemen, entreat you to exert your influence likewise with the people, that they may not by any action of theirs, give cause for bringing such calamities on the province. No advantage can possibly result from the seizing, confinement, or ill-treatment of officers, ade- quate to the certain damage such acts of violence must occasion the province to suffer."
" However, gentlemen, if you should be of a different opinion, and will not, or cannot, answer for our safety, all I ask is, that you would tell me so in such plain and open language, as cannot be misunderstood. For as senti- ments of independency are, by some men of present consequence, openly avowed, and essays are already appearing in the public papers, to ridicule the people's fear of that horrid measure, and remove their aversion to repub- lican government, it is high time, that every man should know, what he has to expect. If, as I hope, you have an abhorrence of such a design, you will do your country an essential service, by declaring it in so full and explicit terms, as may discourage the attempt. You may always rely on finding me ready to co-operate with you in every proper expedient for promoting peace, order, and good government ; and I shall deem it a particular happiness to have an opportunity of being instrumental in saving this province from the present impending danger."
XXVIII. The prominent objects of this address, seem to have been to ob- tain from the Assembly, an assurance of personal safety, and a disavowal of all intention to proclaim independence. And in these, the governor was successful. For the House replied, "your excellency's safety, or that of any of the officers of government, we apprehend to be in no danger. We place our own safety in that protection which the laws of our country and the execu- tive powers of government afford to all the King's subjects. It is the only asyhun which we have to fly to, and we make no doubt that it will be, as it hitherto hath been, found fully equal to the purpose, both of securing your excellency and others. And we hope to find, that the officers of government will conduct themselves so prudently, as not to invite any ill usage; and that they will not make any supposed ' infatuation or disorder' of the times, a pre- tence to leave the province, and thereby endeavour to subject the inhabitants to any calamities."
" We know of no sentiments of independency, that are, by men of any con-
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sequence, openly avowed ; nor do we approve of any essays tending to encou- rage such a measure. We have already expressed our detestation of such opinions, and we have so frequently and fully declared our sentiments on this subject, and particularly, in our petition to the King, at the last session of the Assembly, that we should have thought ourselves, as at present we really deserve to be, exempt from all suspicions of this nature."
The dread of independence seems to have seized, at this time, others than the governor. Several petitions were presented from the frecholders of Bur- lington county, praying the House to enter into such resolves as might dis- courage an independency on Great Britain. The petitioners were summoned before the House, and stated, that they had been induced to address it, " from reports that some affected independency." Whereupon, it was re- solved, that reports of independency, in the apprehension of the House, are groundless :- That it be recommended to the delegates of the colony, to use their utmost endeavours for obtaining a redress of grievances, and for restor- ing the union between the colonies and Great Britain, upon constitutional principles; and that, the said delegates be directed not to give their assent, but utterly to reject any propositions, if such should be made, that may sepa- rate this colony from the mother country, or change the form of government thereof. The spirit of these resolutions differed widely from that which ani- mated the provincial Congress, which, in the succeeding February, instructed the delegates to agree to all measures which the continental Congress might deem necessary.
XXIX. At this session the governor communicated to the Legislature, the royal approbation of an act, for issuing on loan, bills of credit to the amount of one hundred thousand pounds. For more than twelve years this had been a desirable object with the Assembly, who, as we have, elsewhere, observed, frequently passed bills for this purpose, which had hitherto been rejected by the crown; but as if every concession to the wishes of the people, was a grant of property for which some consideration was due, Lord Dartmouth, in remitting the approval, informed the governor, " At the same time I am commanded by the King, to say to you. that it would have been more agreea- ble to his Majesty, if the Assembly, instead of a general appropriation of the interest of the loan to the support of government in such manner as shall be directed by future acts, had thought fit to make a settlement, during the existence of that loan, upon the civil officers of government, of salaries more suitable to their respective offices than they now receive; and to appropriate a specific proportion of the said interest. to building houses for the residence of the governor and the meeting of the Legislature, of which you say there is a shameful want. Such an appropriation is no more than what they owe to the dignity of their own government, and his Majesty's just expectations; and, therefore, it is his Majesty's pleasure, that you do require the Assembly, in his Majesty's name, to make such provision accordingly, trusting that they will not make such an ill return to his Majesty's grace and favour, in the confirmation of this law, as not to comply with so just and reasonable a requisition." Thus, a measure was conceded by all parties, having power over it, to be just and necessary, and yet, an individual, who, in all matters relating to the public weal, should have been deemed but an individual, inflated by the worship of crowds, dared to talk of grace and farour in the performance of a simple and imperious duty. Bat the age is passing away, when men will make themselves golden calves for worship, and when a feeble mortal shall
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