USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 31
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The transition from a provincial to an independent state, was made with as little pain and confusion, at the moment, as a modification might now be effected in an American state, where the sense of a majority of the people, forms the unresisted law. A simple resolution of the convention, "that the judges, justices of the peace, sheriff's, coroners, and other inferior officers of the late government, proceed in the execution of the several offices under the authority of the people, until the intended Legislature, and the several officers . of the new government should be settled and perfected, having respect to the present constitution, and the orders of the provincial Congresses; and that all suits of law should be continued, altering only the style and form thereof,"
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was sufficient to continue without much embarrassment, the whole machinery of society.
V. After the adoption of the constitution, the provincial Congress, pro- ceeded by an ordinance, to carry it into effect. The second section of the charter appointed the second Tuesday in August, for the election of the mem- bers of the Legislature, sheritis, and coroners. The ordinance ascertained the places and manner of' election, and created a new qualification for the mem- bers of council and Assembly, and for the electors, which may be considered the second violation of the constitution just established; requiring, from the voter and member, respectively, an oath or affirmation, that he did not hold himself bound to bear allegiance to George the Third, King of Great Britain, and would not by any means, directly or indirectly, oppose the measures adopted by the colony, or the continental Congress, against the tyranny attempted to be established over the colonies by the Court of Great Britain; but would bear true allegiance to the government established in the colony, under the authority of the people. The council and Assembly, when elected, were directed to meet, the first time, at Princeton.
VI. The period of the revolution has been termed the "time for trying men's souls;" and this was emphatically truc, at the moment of declaring independence. The unanimity with which resistance. against the measures of the parent state had been continued, was then broken. The timid, the interested, and the conscientious, were alike unwilling to sever irreparably, the ties which connected them with her. The professions of loyalty and de- pendence, were sincerely made by a large majority of the provincialists, and they were adhered to by many, with religious tenacity, who truly believed that political happiness and salvation existed, only, in the British empire. The timid, and especially the timid rich, shrunk from the disgrace and pains of treason-the placeman, and the expectant of place, who looked upon the rising sun, struggling amid clouds as a portentous, but evanescent, meteor, could not turn from the rays of meridian splendour, in which they had long lived or hoped to bask ; whilst others united with their fellow subjects of the European isles, by the tenderest charities of blood and affinity, of tastes and business, could not summon resolution to break connexions, which were the great pleasures of their existence. The wonder, therefore, is not that a great many valuable men preserved their loyalty and became distinguished as tories; but, that the declaration of independence had not more equally divided the country. But there was, also, a class of men of desperate character, opposed to American independence, who, confident in the strength and suc- cess of Great Britain, availed themselves of her protection to prey upon the country, and under pretence of loyalty and readiness to punish treason, to gratify their own malignant passions, their foul revenge, and cupidity. Bands of these marauders soon haunted the forests and shores of the castern part of the state, particularly of Monmouth, and the mountains of Morris and Sussex counties; breaking out from time to time, and doing far greater evil, than the regular inimical soldiery. New York, one of the largest, richest, and most powerful of the royal colonies, was the most divided on the question . of independence. The tories, there protected by the English forces, were numerous, wealthy, and active: they had many friends, relatives, and de- pendents in East Jersey, over whom they exercised a dangerous influence. During the whole interval from the commencement of hostilities until the treaty of peace, New Jersey was a frontier state, and exposed to all the mise- ries of border warfare; at one time, the enemy lay upon her northern and southern boundaries, and her losses in proportion to her wealth and popula- tion, were probably greater than those of any other state, save South Caro- lina.
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Upon the arrival of the British army in 1776, the disaffected in New York and New Jersey, were embodied under officers selected from among them- selves. Mr. Oliver Delancey, an influential officer of the late government, in New York, was appointed brigadier-general, and empowered to raise three battalions, to consist of fifteen hundred men. But, notwithstanding great exertions on his part, his command did not exceed six hundred. Mr. Courtlandt Skinner, late attorney-general, and speaker of the Assembly of New Jersey, his brother, the late treasurer, who had recently been re- ceived in the council, and every member of that family, adhered to the enemy. Courtlandt was, also, appointed a brigadier, and directed to raise two thousand five hundred men, but he could rarely bring into the field more than five hundred.
VII. With the assumption of independent sovereignty, came the duty of supporting it, by the denunciation of the pains and penalties of treason, against such as should attempt its overthrow. An ordinance of the leth of July, 1776, therefore, prescribed, that, all persons abiding within the state, deriving protection from its laws, owed allegiance to its government, and were members of its community ; and, that, sojourners receiving like pro- tection, owed like allegiance whilst within its limits; that all persons, so owing allegiance, who should levy war against, and within, the state, or be adherent to the King of Great Britain, or others, the enemies of the state within the same, or to the enemies of the United States of North America, giving them aid or comfort, should be adjudged guilty of high treason, and suffer the pains thereof (death) as by the ancient laws. This act transmitted the cases of disaffected residents, en masse, to the ordinary tribunals.
VIII. To those opposed to the rising order of things, the loyalty of Go- vernor Franklin afforded countenance. . The torrent of public opinion was too strong, for him to attempt to turn its course, and he was compelled to stand by, an almost idle spectator, whilst it swept away all the powers and services which, lately, pertained to him; but which he was not disposed to abandon without an effort for their maintenance. Before the resolution to establish a new government had been formally adopted, by this state, the whole political power had passed, by the voice of the people, to their dele- gates in Convention; which became the government de facto; and the powers flowing-from royal authority, were suspended by the exercise of those derived from the people. This, however, was a conclusion which the governor was very unwilling to attain, and he resolved to determine whether it were indeed true, by attempting to collect and set in action the component parts of his Majesty's government. Could this be effected, a powerful effort might yet be made in the royal cause; and whatever might be the final result, disunion and distraction in the proceedings of the state would be inevi- table. Of the thirty members of Assembly, seven, only, were members of the Convention ; and the governor may, probably, have supposed, as some of the former body were distinguished royalists, that he might array one popular Assembly against another. He, therefore, by proclamation of the thirtieth of May, summoned the House, in the name of the King, to meet on the twentieth of June. The provincial Congress, instantly, foresaw the mis- chief of this measure, and prepared to defeat it. On the fourth of the last month, they resolved, by a vote of thirty-eight to eleven, that the proclama- tion of William Franklin, late governor, ought not to be obeyed ; and on the sixteenth, by a vote of thirty-five to ten, that, by such proclamation, he had acted in direct contempt, and violation, of the resolve of the continental Con- gress of the fifteenth of May; had discovered himself' to be an enemy to the liberties of the country ; and that, measures should be immediately taken to : secure his person :- And by a vote of forty-seven to three, they further re-
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solved, that all payments of money, on account of salary, or otherwise, to him, as governor, should thenceforth cease; and that the treasurers of the province should account for the moneys, in their hands, to the provincial Congress, or to the future Legislature of the colony.
Immediately upon the adoption of these resolutions, the Congress issued the following order to Colonel Nathaniel Heard, of the first battalion of the Middlesex county militia. " The provincial Congress of New Jersey, re- posing great confidence in your zeal and prudence, have thought fit to entrust to your care, the execution of the enclosed resolves. It is the desire of Con- gress, that this necessary business, be conducted with all the delicacy and tenderness which its nature can possibly admit. For this end you will find, among the papers, the form of a written parole, in which there is left a blank space for you to fill up, at the choice of Mr. Franklin, with the name of Prince- ton, Bordentown, or his own farm at Rancocus. When he shall have signed the parole, the Congress will rely upon his honour, for the faithful perform- ance of his engagements; but should he refuse to sign it, you are desired to put him under strong guard, and keep him in close custody, until further orders. Whatever expense may be necessary will be cheerfully defrayed by the Congress. We refer to your discretion, what means to use for that purpose, and you have full power and authority to take to your aid, what- ever force you may require."
On the seventeenth, Colonel Heard and Major Deare, waited on the gover- nor at Amboy, and desired him to comply with the order of Congress, and sign the parole. Upon his refusal, they surrounded his house with a guard of sixty men, and despatched an express to report their proceedings to, and ask further instructions from, the Congress; who commanded, that Mr. Franklin should be immediately brought to Burlington.
In the mean time, Mr. Tucker addressed a letter to Mr. Hancock, presi- dent of the continental Congress, in the following terms : "Sir, our colony has, of late, been alarmed with sundry attempts of disaffected persons, to create disturbances. The proclamation of Mr. Franklin, our late governor, for calling together the Assembly, is one of those we have thought deserving the most serious attention. Enclosed, we have sent a copy of certain resolves which we have thought necessary to pass on the occasion, together with a copy of our instructions to Colonei Heard. We, this minute, received, by express from Colonel Heard, a letter, of which the enclosed is a copy. We have ordered down to this place, Mr. Franklin, under guard ; and now beg leave to submit, to the consideration of the Congress, whether it would not be for the general good of the United Colonies, that Mr. Franklin should be removed to some other colony. Congress will easily conceive the reasons of this application. as Mr. Franklin, we presume, would be capable of doing less mischief in Connecticut or Pennsylvania, than in New Jersey. What- ever advice Congress may think proper to give us, we shall be -glad to re- ceive ; and would further intimate, that the countenance and approbation of the continental Congress, would satisfy some persons who might, otherwise, be disposed to blame us." .
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President Hancock replied, transmitting the following resolution : " In Congress, June 19th, 1776-Resolved, that it be recommended to the Con- vention of New Jersey, to proceed on the examination of Mr. Franklin; and if, upon such examination, they should be of opinion, that he should be con- fined, to report such opinion to this Congress, and then this Congress will direct the place of his confinement; they concurring in sentiment with the Convention of New Jersey, that it would be improper to confine him in that colony."
On the twenty-first of June, Mr. Franklin was, accordingly, called before
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the provincial council, to be examined, touching such parts of his conduct, es were deemed inimical to the liberties of America. He refused to answer a !! questions put to him; denying the authority of this body, which he alleged had usurped the King's government in the province. Whereupon, the Congress resolved, that as by this and his former conduet, in many in- stances, he appeared to be a virulent enemy to this country, and a person who might prove dangerous, he should be confined in such place and man- ner, as the honourable continental Congress should direct ; and that Lieu- tenant-colonel Bowes Read, should keep him under safe guard, until further order of the continental Congress. That order was received on the twenty. fifth of June, directing that the deposed governor should be sent, under guard, to Governor Trumbull, of Connecticut, who was desired to take his parole, and in case he refused to give it, to treat him agreeably to the resolutions of Congress, respecting prisoners. This request was immediately complied with. On his release, he sailed to England, where he received a pension for his losses .*
IX. Towards the disaffected the conduct of the patriots was, at first, truly lenient. Those taken in arms were treated as prisoners of war; and no other proceeding was had against those not in arms, from whom danger was apprehended, than such as would prevent them from committing the mischief they meditated. Congress had great confidence in the power of reason and gentle treatment, on the presumption, that the disaffected were, generally, the misinformed. Under this impression, resolutions were adopt- ed, second January, 1776, recommending to the several township and county committees, and other friends of American liberty, to explain to the honest and misguided, the nature of the controversy, and the many, but fruitless efforts which had been made to effect an accommodation; but, at the same time, to proceed with vigour, against active partizans from whom danger might be apprehended, disarming them, keeping them in safe custody, or binding them with sufficient sureties to their good behaviour. Strong mea- sures were not, however, immediately taken against them, in those parts of the country where they were the most powerful. In Long and York islands, where General Lee had been stationed, principally, to counteract their ina- chinations, they maintained, even, after the arrival of the commander-in-
* Governor Franklin was born about the year 1731. He was a captain in the French war, and served at Ticonderoga. After the peace of Paris he accompanied his father to England. Going to Scotland he became acquainted with the Earl of Bute, on whose recommendation, to Lord Halifax, he was appointed governor of New Jersey, in 1763; from which time he continued in office, until deposed in the manner above stated. He died in England, November 17th, 1813, aged eighty-two years. By his first wife, a West Indian, he had a son, William Temple Franklin, who edited the works of his grandfather, suppressing, as it is said, at the instance of the British go- vernment. some very important memoirs. He died at Paris, May 25th, 1-23. Go- vernor Franklin differed, essentially, in temperament from his illustrious father, pre- fering case to action, and gained a life of inglorious comfort, by the sacrifice of an eternity of fame. His own conduct and the reputation of his father, had made him . respected in New Jersey, and had he joined the popular party, he would. probably, have attained high distinction among American patriots. Governor Franklin, as well as Governors Bernard and Hutchinson, were Americans, and though sons of the soil, their devotion to the parent state, and the royal cause, was right loyal ; and such was the effect of the royal favour, on them, as to give us occasion to rejoice, that it had not been more bountifully dispensed among the patriots of 1726. To carry his points in England. Lord North was profusely beneficent. Ten peers, at once, were called up into the English House, and one day, the 22d of July, 1777, saw the Irish peerage reinforced by eighteen new barons, seven barons further secured by being created viscounts, and five viscounts advanced to carldoms. It was, perhaps, happy for Aine -.. rica, that, at the dawn of the rebellion, the griefs of the complainants had not been medicated by a patronago like this.
2 B
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chief, a regular Intercourse with Governor Tryon, and devised plans for co- operating with the enemy. When the contest assumed the form of active hostility, disaffection to the American cause took a decided shape, and its enemies united as a party; still numbers followed with the body of their countrymen, and were not distinguishable until the declaration of indepen- dence. That measure effectually separated the mass.
Where the previous measures of the continental and local governments had been generally and cordially supported, the public mind was prepared for independence. In New England, Virginia, and South Carolina, there was scarce a dissentient voice. From New York to Maryland, inclusive, the people were more divided. In North Carolina an efficient majority was friendly, but there was a powerful minority, ready to seize the first oppor- tunity to manifest their hostility. Georgia was weak and disunited.
In New York and New Jersey the British were received with open arms, by the disaffected, as their deliverers from oppression. The tories were so numerous, that, as the army advanced into the country, the militia of the islands were embodied for their defence; and these states afforded corps of regulars, equal to their quotas in the American army. Upon taking pos- session of Long Island, General Howe assured his army, that they were among friends, and prohibited, under the severest penalties, every species of violence .* As he advanced to the White Plains, the state Convention enter- tained fears of a dangerous insurrection, and seemed apprehensive of an attempt to punish the disaffected, though actually engaged in enlisting men for the British service. Much dread was felt, that they would seize the im- portant passes of the highlands; and it was thought dangerous to march the militia from some of the neighbouring counties for their protection, lest their absence should encourage the loyalists to assemble in arms.
On entering the Jerseys, Lord Cornwallis gave orders similar to those of General Howe, on Long Island. The proclamation, offering protection to those who would come in and take the oaths of allegiance, within sixty days, also, contained assurances, that the obnoxious laws, which had occa- sioned the war, would bo revised. The effect of these measures, with the military success of the enemy, was to extinguish, nearly, the spirit of re- sistance. A few militia, only, were in arms, under General Williamson; whose indisposition, compelling him to leave the service, they were after- wards commanded by General Dickenson; but the great body of the country was either with the enemy, or had too little zeal for the cause, to hazard their lives and fortunes in its support. When urged to take up arms, they answered, " that General Howe promised them peace, liberty, and safety, and more they could not require."
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The articles of association of 1775, may be deemed the entering wedge of division, between the parties in New Jersey, as in other parts of America. Those who refused to sign, or having signed, disobeyed, their requisitions, were held enemies to their country, and as such, were not only denounced by the county and township committees, but were fined and imprisoned, as well by the order of such committees, as by that of the provincial Conven- tions and committees of safety. Notwithstanding these measures, counter associations were attempted, resolving to pay no tax levied by order of the provincial Congress, nor to purchase any goods distrained for such taxes, or for non-attendance at militia musters. These, and like demonstrations of hostility, induced the committee of safety of the province, on the fifteenth of January, 1776, carnestly to recommend to the several county and town com- mittees, the execution of the resolve of the continental Congress, of the .
* For violation of these orders some soldiers were condemned and executed.
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والفن
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second of that month, recommending due moderation and prudence, and re- questing all officers of militia to lend their assistance. Under this resolu- tion several persons, from different parts of the state, were brought before the committee of safety, and the provincial Congress, which sat from the thirty. first of January to the second of March, 1776. Most of the prisoners con- fessed their faults, craved pardon, and were either dismissed unscathed, or subjected to a small pecuniary mulct, and to give security, in various sums, for future good conduct. But with the progress toward independence, the number of the disaffected, increasing rapidly, gave much employment to the provincial Congress, which assembled on the tenth of June; and which framed the state constitution; and their proceedings assumed a greater de- gree of severity. Memorials, from several counties, complaining of the hos- tile intentions and proceedings of the disaffected, particularly, in Monmouth, Hunterdon, Bergen, and Sussex, called forth a reiteration of previous in- structions to the county committees, and formal summons to the inculpated, to appear before the Convention. On the twenty-sixth of June, that body having intelligence, that there were several insurgents in the county of Mon- mouth, who took every measure in their power to contravene the regulations of Congress, and to oppose the cause of American freedom, and that it was highly necessary, that an immediate check should be given to so daring a spirit of disaffection, resolved, that Colonel Charles Read should take to his aid, two companies of the militia of the county of Burlington, and proceed, without delay, to the county of Monmouth, to apprehend such insurgents as were designated to him by the president of the Convention. Authentic information was, at the same time, received, that other disaffected persons in the county of Hunterdon had confederated for the purpose of opposing the measures of Congress, and had even proceeded to acts of open and daring violence; having plundered the house of a Captain Jones, beaten, wounded, and otherwise abused the friends of freedom in the county, and publicly de- clared, that they would take up arms in behalf of the King of Great Britain. In order, effectually, to check a combination so hostile and dangerous, Lieu- tenant-colonel Abraham Ten Eick and Major Berry were directed, with the militia of the counties of Hunterdon and Somerset, to apprehend these insur- gents. On the first of July the provincial Congress resolved, that the seve- ral colonels of the counties, should, without delay, proceed to disarm all per- sons within their district, who, from religious principles, or other causes, re- fused to bear arms. Two days after the last, an additional order was given to Colonel Charles Read, Lieutenant-colonel Sammel Forman, and Maior Joseph Haight, with two hundred militia of Burlington, and two hundred of Monmouth county, to proceed, without delay, to quell an insurrection in Monmouth, and to disarm and take prisoners, whomsoever they should find assembled, with intent to oppose the friends of American freedom; and to take such measures as they should think necessary for this service. On the fourth of July, Congress resolved, that as divers persons, in the county of Monmouth, who had embodied themselves, in opposition to its mea- sures, had expressed their willingness to return to their duty, upon as- surances of pardon, alleging, that they have been seduced and misled, by the false and malicious reports of others; such persons as should, without delay, return peaceably to their homes, and conform to the orders of Con- gress, should be treated with lenity and indulgence, and upon their good behaviour, be restored to the favour of their country ; providing, that such as appeared to have been the leaders and principals in these disorders, and who, to their other guilt, had added that of seducing the weak and the un. .. wary, should yet be treated, according to their demerits.
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