USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 38
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XXVII. The hostile spirit which now displayed itself in the State of New Jersey, was encouraged by a politic and humane proclamation, issued by the commander-in-chief, about the last of January, directed to those who had submitted to, and taken protection from, the enemy; discharging the obliga- tions created by their oaths of allegiance to the king, and requiring them to repair to head quarters, or to the quarters of the nearest general officer, and to swear allegiance to the United States, as the condition of a full pardon. An act of Assembly, conceived in the same spirit, was passed a few months after. The beneficial effects of these measures were soon visible. The people flocked in from every quarter, to take the oaths; but the Legis- lature could not, yet, be induced to pass an act, to bring the militia certainly into the field.
XXVIII. Amid these testimonies of reviving patriotism, it is painful to record the crimes which were committed by American soldiers, and which were but too much encouraged by the heterogeneous organization of the army; for the correction of which, General Washington found it necessary, by proclamation, to prohibit, " both in the militia and continental troops, in the most positive terms, the infamous practices of plundering the inhabitants, under the specious pretence of their being tories. It is our duty," continued the proclamation, " to give protection and support to the poor, distressed inhabitants, not to multiply their calamities. After this order, any officer found plundering the inhabitants, under the pretence of their being tories, may expect to be punished in the severest manner."
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CHAPTER XIV.
I. Organization of the New Jersey State Government -II. First Address of the Governor-Other principal Officers .- III. Condition of the State at this period. IV. State of the Northern Department-Operations on the Lakes .- V. The Bri. tish seize Rhode Island .- VI. Demonstration of General Heath, on Long Island. -Condition of the American Army, in New Jersey-Skirmishing .- VIL. Early efforts of Sir William Howe, to destroy the American Magazines-Stores burned at. Peck's-kill-at Danbury .- VIII. Successful enterprise of Colonel Meigs, against Sagg Harbour .- IX. Movements of General Washington, on opening the Campaign-Removal of the Army to Middlebrook-Disposition of the Troops. X. Operations of the Army under General Howe-Feint to cross the Delaware- Retreat from New Jersey-Returns, and attacks the American Army .- XI. Per- plexity of Washington, caused by the Movements of the British Forces .- XII. Cap- ture of Major-general Prescott, by Major Barton .- XIII. General Howe embarks for the southward-Measures of Washington thereon .- XIV. Attempt of General Sullivan, with Colonel Ogden, upon the Tories on Staten Island .- XV. Arrival of the British Army at Elk River-its Progress-Operations of the American Anny- Battle of Brandywine .- XVI. Subsequent movement of the Armies .- AVII Se- cond encounter of the hostile Armies-they are separated by rain .- XVIH Af. fairs of Paoli .- XIX. The British enter Philadelphia .- XX. Congress remove to Lancaster, thence to York .- XXI. Attack and defence of the Fortifications on the Delaware .- XXII. Battle of Germantown .- XXIII. Operations in New Jersey .- XXIV. Further proceedings on the Delaware .- XXV. Repulse of Count Donop, from Fort Mercer .- XXVI. General Greene despatched to New Jersey .- XXVII. Capture of Fort Mifflin, and abandonnent of Fort Mercer .- XXVIII. At- tempt of General Dickenson on Staten, Island .- XXIX. American Army rein- forced .- XXX. Attacked at White Marsh, by the British .- XXXI. The Ameri- can Army retires into Winter Quarters .- XXXII. English plans for the North- ern Campaign .- XXXIII. Condition of the American Northern Department - XXXIV. Burgoyne captures the Forts on the Lakes, and disperses the American Army .- XXXV. Recuperative measures of General Schuyler .- XXXVI. Re- pulse of St. Leger, from Fort Schuyler .- XXXVII. Defeat of Colonel Baum, at Bennington .- XXXVIII. Beneficial result of these fortunate Events - XXXIX. Battles on the Hudson, and Capture of Burgoyne .- XL. Movements of Sir Henry Clinton, in the Highlands .- XLI. Effect of the Capture of Bur- goyne-at home and abroad .- XLII. Congress refuse to execute the Articles of Capitulation-their reasons.
I. The first Legislature of independent New Jersey, convened at Prince- ton, on the 27th of August, 1776. John Stephens was elected vice-president of the Council, and John Hart, speaker of the House of Representatives; and on the 31st of the month, William Livingston, Esq., was chosen in joint ballot, governor of the new State. This appointment removed him from a military command, at Elizabethtown, alike incompatible with his years, his habits, and his previous studies, to one, for which the employments of his life had admirably prepared him. On the first ballot, the votes were equally divided, between him and Richard Stockton; but on the second, on the suc- ceeding day, he had a majority, of how many does not appear .* His rival,
* Dr. Gordon, (Hist. Revolution, vol. ii. p. 300,) says-" There was an equal num- ber of votes for him and Mr. Stockton; but the latter having, just at the moment, refused to furnish his team of horses, for the service of the public, and the Legislature coming to the knowledge, the choice of Mr. Livingston took place innnediately."- Mr. Sedgwick, in his life of Governor Livingston, very properly repudiates this rea- son, and observes-" I am told by a person formerly intimate with John Cleve Symmes, at this tinie a member of council, that he had often said between jest and earnest, ' that he had made Mr. Livingston governor.' Whether by this, is meant, that, on the
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who, previous to the revolution, held a seat on the bench of the Supreme Court, was named chief-justice, but he refused the office. Governor Livingston continued to fultil the duties of the executive, from this period until his death, a space of fourteen years, being annually re-elected, either, unanimously, or by large majorities.
II. His first address to the Assembly, displays that deep devotion to liber- ty, that religious confidence in final success, that inextinguishable hatred of British oppression, with that attention to affairs, which made him one of the most efficient agents of American deliverance. "Let us, gentlemen," so closes this earnest call for their warmest sympathy, and most vigorous exer- tions, in the American cause, " both by precept and practice, encourage a spirit of economy, industry and patriotism, and that public integrity and righteousness, which cannot fail to exalt a nation; setting our faces, at the same time, like a flint, against that dissoluteness of manners and political corruption, which will ever be the reproach of any people. May the founda- tion of our infant State, be laid in virtue and the fear of God-and the super- structure will rise glorious, and endure for ages. Then may we humbly expect the blessing of the Most Iligh, who divides to the nations their inhe- ritance, and separates the sons of Adam .* In fine, gentlemen, whilst we are applauded by the whole world, for demolishing the old fabric, rotten and ruinous as it is, let us unitedly strive to approve ourselves master builders, by giving beauty, strength and stability to the new."t
The other principal officers chosen for the organization of the govern- ment were, John De Hart, chief justice, Samuel Tucker, second, and Francis Hopkinson, third justices, and Jonathan D. Sergeant, clerk of the Supreme Court; Charles Petit secretary of state, and Richard Smith treasurer. Mr. De Hart refusing the office of chief justice, Mr. Robert Morris was appointed ; the place of Mr. Tucker upon his declination, was given to Isaac Smith, and that of Mr. Hopkinson, on his acceptance of the admiralty in Philadelphia, was filled by John Cleves Symmes; Mr. Sergeant refusing to act as clerk, Bowes Reed was appointed.
III. The officers however, were continually changing, both military and civil; and for the services of the latter, there was at this period, but too little occasion. The campaign of 1776, was the most trying period of the war, and drew largely upon the ability and fortitude of the governor and other constituted authorities of the state. On the 15th September, the city of New York fell into the hands of the enemy. Two months were consumed by the hostile armies on the east bank of the Hudson. But when, on the 10th of November, the fall of Fort Washington was followed by the passage of the North river, by the British forces under Cornwallis, by the abandonment of Fort Lee, and the rapid retreat of the American army, the scene of action was immediately transferred to the heart of New Jersey.
Governor Livingston made the most strenuous exertions with the Assem- bly and with the people, to have the militia in the field to oppose the invading force. But it was not practicable to control the panic which had seized upon the mass of the population. The barefooted, and almost naked continental
final vote, Governor Livingston had only a bare majority, or that Mr. Symmes in- duced the adherents of Mr. Stockton to join those who were in favour of his rival, I doubt whether there are now any means of ascertaining."-p. 206. n.
* Deut. xxxii. 8.
t Votes of Assembly. From an expression in this paragraph, and his inflexible dis- position, the governor was, for some tune after this, known by the name of Dr. Flint ; and an anecdote is told of Mr. Ames, who, in some momentary confusion of ideas, at a dinner in New York, where he met Governor Livingston, asked Dr. Flint, whether the town of Trenton was well or ill disposed to the new constitution .- Sedgwick's Livingston, 207.
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army, retreating before the well appointed battalions of the enemy, impaired the confidence of the people, not less in the commander-in-chief, than in their own resources. The defenceless Legislature, with the governor at their head, removed from Princeton to Burlington, where they adjourned on the 2d of December, each man retiring to his home, to take charge of his pecu- liar interests. There scarcely remained a vestige of the lately constituted government, or any who owed it allegiance; and until the battle of Trenton, (25th December) New Jersey might have been considered a conquered country .*
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IV. Although the Americans had been driven from Canada, and the hope of its conquest, was, for the present abandoned, the defence of the northern department of the United States was of the greatest importance. The pos- session of lakes Champlain and George, by the enemy, might induce that of Albany and all the upper parts of the Hudson, and opening a free communi- cation between the northern British army, and that in New York, sever the eastern from .the middle and southern states, and encourage the royalists of the middle and upper country, who were numerous, to show themselves in force. Under these impressions, such detachments were made from the ar- my under Washington, on the opening of the campaign of 1776, as to expose him to the greatest hazards.
The northern department had been entrusted to General Schuyler, who, with high talents, possessed great influence in the country. General Gates had been named to the army in Canada, and though that army was now in the department of Schuyler, his senior officer, he still claimed the command. But Congress removed this difficulty by declaring, it was not their intention to place the former over the latter, and recommending them to co-operate harmoniously.
When expelled from Canada, the Americans had retired to the strong post of Crown Point, at the south end of Lake Champlain, whither General Carleton, for want of vessels, was unable immediately to follow them. But this obstacle was removed by the incredible exertions, with which a consider- able fleet was built and equipped. General Schuyler, on his part, strenuously endeavoured to strengthen his little fleet, and to preserve the command of the lakes; but it was impracticable to obtain artillery, materials for ship building. or workmen, and his force was consequently much inferior to that of the enemy. Its command was given to the intrepid Arnold, from whom every thing was expected which courage could perform.
The small pox, which had made such ravages in the preceding campaign. still infected the army, and communicating itself to the reinforcements, ren- dered it necessary to stop many on their march : and mortality from this and other causes, induced the general officers in council, in the month of July, to resolve on evacuating Crown Point, and to concentrate their forces about Ti- conderoga, a strong post, twelve miles from the former. This measure, ap- parently unavoidable, gave great chagrin to Congress, who entertained hopes of extending their operations to lakes Eric, and Ontario.
The British, by the first of October, had upon the lake, a fleet carrying more than an hundred guns, navigated by seven hundred prime sailors, and conducted by Captain Pringle ; on board of which was General Carleton him- self. On the 11th it proceeded to attack Arnold, then very advantageously
" The case of Samuel Tucker strongly illustrates the panic which prevailed among some of the whigs, on the invasion of the British. President of the convention which formed the constitution of the State-Chairman of the committee of safety, treasurer. aud subsequently, Judge of the Supreme Court, he took a protection of the British, and thus renounced allegiance to the state, and vacated his offices. Journal of Assem- bly, 17th December, 1777, and votes passim. Sedgwick's Livingston, 209, &c.
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posted with a much inferior force, in the passage between the island of Vali- cour, and the western main. The wind favouring him, he was enabled to keep up the engagement for several hours, during which, his best schooner was burnt, and another vessel was sunk; but the enemy did not suffer less. Finding it impossible to renew the action with hopes of success, Arnold made his escape during the night, and was the next morning out of view of his pur- suers, hastening to obtain shelter under the guns of the fort at Ticonde- roga. But the enemy came up with him at noon, and he was compelled, after a spirited resistance of two hours, and the loss of another of his ships, with the second in command on board, to run the greater part of his vessels on shore, a few leagues from Crown Point, where he landed their crews in safety. A portion of his squadron passed Crown Point, and escaped to Ticonderoga. Those run on shore he burned, to prevent their capture by the conquerors.
Crown Point was seized by General Carleton, who advanced part of his fleet into Lake George, within view of Ticonderoga, and his army approached that place as if to lay siege to it. But after reconnoitering the works, and observing the steady countenance of the garrison, which consisted of be- tween eight and nine thousand men, he concluded that it was too late in the season to invest-the fortress, and returned to Canada, placing his troops in winter quarters, and making the Isie aux Noix his most advanced post. This retreat relieved the apprehensions of the Americans, and enabled Gene- ral Gates, as we have seen, to march with a detachment of the northern army, to aid the commander-in-chief on the Delaware.
V. With the view of making his power more extensively felt, and of im- peding the march of the troops about to be raised in New England, for the reinforcement of the army of General Washington, General Howe despatch- ed an expedition consisting of a land force of three thousand men, under Sir Henry Clinton, and a flect commanded by Sir Peter Parker, to take posses- sion of Rhode Island, which was accomplished about the last of November, without material opposition. This diversion was effective in its main object ; and the English derived permanent advantage, and the Americans sustained lasting inconvenience, from their possession of this post. The last were de- prived of a harbour, admirably adapted to serve their maritime expeditions.
VI. With these concise notices of events in the northern and eastern sec- tions of the country, we proceed to a more particular detail of those in New Jersey and the" neighbouring states. Whilst Philadelphia was supposed to be in imminent danger, the militia of New England, in considerable num- bers, had been ordered to the Delaware; and although many were detained by the invasion of Rhode Island, a few regiments reached the camp of Gene- ral Heath, upon the North river, where they were arrested by the order of the commander-in-chief, for the purpose of making a diversion on the side of New York. The army in New Jersey, with the detachment to Rhode Island, it was supposed, had greatly reduced the British force in the city. About two thousand men were in the neighbourhood of King's Bridge, and all the other troops on the island were not estimated at a greater number. On Long Island, it was said. there was only Delancy's brigade of American loyalists, amounting to less than one thousand men. Under these circum- stances, it was presumed, that the New York and New Jersey militia might form a respectable army, with which General Heath might alarm, and, per- haps, more than aların that important post. He was directed to approach . King's Bridge, to carry off the forage and provisions with which the enemy might be supplied, and if' circumstances should justify, to attack the forts which guarded the entrance into the island. In such event, it was anticipated, that fears for New York would induce General Howe, either to abandon the Jerseys entirely, when his troops would suffer extremely through the winter,
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for fuel, forage and provisions, or so to weaken his posts at Brunswick and Amboy, as to permit General Washington to attack them with advantage. Should neither of these results be produced, some advantages might be gained on York or Long Island.
Pursuant to these views, General Heath marched* towards West Chester, and summoned Fort Independence; but the garrison refusing to surrender, he did not venture an assault with militia. Receiving intelligence that the British army had embarked from Rhode Island, and might; by entering the Sound, land in his rear, he was compelled to withdraw into the Highlands; not however, without the acquisition of considerable quantities of forage and cattle.
VII. In the mean time, repeated skirmishes on the lines increased the distress of the enemy, and the confidence of the Americans in themselves. The British found it totally unsafe to forage but with large covering parties, which were often attacked with advantage, and their horses frequently taken. Their miserable appearance evinced the scarcity which prevailed in the camp. In these skirmishes, prisoners were often made; and frequent small successes, the details of which filled the papers throughout America, served to animate the people at large, who even supposed that the British would be driven to their ships for protection, so soon as the season would permit the armies to
take the field. Yet the real situation of General Washington, happily concealed, both from the enemy and from his own countrymen, was ex- tremely critical. He was often abandoned by bodies of the militia, before their places were filled by others; and, thus, left in a state of dangerous weak- ness, with all his positions exposed to imminent hazard. This was not the only inconvenience resulting from this fluctuating army. The soldiers car- ried off arms and blankets which had been unavoidably delivered to them, to be used while in camp, and thus wasted in advance, the military stores col- lected for the ensuing campaign. t
While exposed to these embarrassing inconveniences, the general received intelligence, that reinforcements were arriving from Rhode Island, and that the movement of General Heath had not produced the effects he had expected. . His fears for Philadelphia revived; and the New England troops, except so many as might be deemed necessary to guard the Highlands, were ordered immediately to join him. Heavy requisitions were also made on the neighbouring militia, especially of New Jersey.
The movement so much apprehended, was not made; and the war of skirmishes. on the side of Jersey, continued throughout the winter. In the course of it, the British loss was supposed to be more considerable than they had sustained at Trenton and Princeton; and hopes were entertained that, from the scarcity of forage, neither their cavalry, nor draught horses would be in a condition to take the field, when the campaign should open.
This light war was far short of the hopes of the American General, who submitted, with infinite reluctance, to the inactivity his weakness imposed on him. He had flattered himself that the reviving courage of his countrymen would have placed at his disposal a force which would enable him to beat the enemy in detail, during the winter, and to repel the great exertions which would be made for the conquest of America in the ensuing summer.
All the intelligence from Europe concurred in demonstrating the fallacy of the hope, still cherished by many, that the war would be abandoned. Never had the administration been supported by greater majorities in Parlia- ment ; and the body of the nation appeared well disposed to employ all its means to reanex to the empire its revolted colonies. The importance of
| Marshall's Washington.
* June, 1270.
.
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destroying, or maiming the present army before it could be reinforced was, consequently, felt in its full extent; and the commander-in-chief made the most strenuous endeavours to promote the recruiting service, and to collect the recruits in such numbers, as would enable him successfully to attack the British posts, either in Rhode Island, New York, or New Jersey. The state sovereignties, where the real energies of government resided, were, incessant- ly, urged to take effectual measures to fill their regiments, and to bring their respective quotas early into the field. They were pressed to march their recruits, so soon as they could be cleansed from the small-pox, by compa- nies, and even by parts of companies, to the several stations assigned them; and those general officers, who were supposed to possess most influence, were detached to their respective states, for the purpose of promoting and superintending the recruiting service.
At the instance of the commander-in-chief, Congress passed such resolu- tions as were calculated to second his views. They authorized him to draw the eastern troops from Peck's-kill, who were to be replaced by New York militia; and required the executive of New Jersey, to order out the whole militia of that state, and the executive of Pennsylvania, such part of their militia as was contiguous to New Jersey, properly armed and equipped, to the aid of the general.
When the season for active operations approached, General Howe direct- ed his first attention to the destruction of the scanty resources prepared by the Americans for the ensuing campaign. Magazines had been collected at Peck's-kill, in the Highlands, where mills had been erected, and the head- quarters of the general commanding, had been established. On the recall of General Heath, to Boston, the command had devolved on General M.Dou- gal. The strength of this post, like others depending upon militia, was sub- ject to great fluctuation ; consisting, at times, of several thousand men, at others, reduced to as many hundred. The stores collected here, were at this time inconsiderable; but the British general supposing them of great value, and slightly defended, on the 23d of March, 1777, despatched Colonel Bird, against the post, with five hundred men, under convoy of a frigate, and some smaller armed vessels. General M.Dougal, whose force did not exceed two hundred and fifty men, exerted himself to remove the magazines into the strong country, in his rear; but before this could be effected, the enemy approached, and compelled him to retire, having first set fire to the store-houses and barracks. Colonel Bird completed the destruction, and re- turned to New York.
Danbury, on the western frontier of Connecticut, contained a valuable deposit of military stores, and though not more than twenty miles from the Sound, its safety was supposed to be assured by the nature of the country, the zeal of the militia, and by a portion of the Connecticut draughts, assem- bled there. But on the 25th of April, Governor Tryon, major-general of the provincials, in the British service, with Brigadiers Agnew, and Sir William Erskine, entered and fired the town, with all the stores it contained. Upon his retreat, he was assailed by about thirteen hundred militia, in several de- tachments, commanded by Generals Arnold, Silliman, and Wooster. In one of the several skirmishes, the last was killed. The enemy spent the night . of the 27th at Ridgefield, and in the following morning resumed his retreat, and was again met by Arnold, with a force of one thousand, among whom were some continental artillery and infantry; but he attained his shipping, with a loss of one hundred and seventy men, killed, wounded and taken prisoners. The loss of the Americans was nearly the same, but it included . several officers of rank, besides General Wooster. General M.Dougal had learned the intention of Tryon, and endeavoured to intercept his retreat by a
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