USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 51
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New Jersey, therefore, in the contest, to which she was as disinterested a party as any State in the Union, suffered more than her proportion, more than any other State, South Carolina excepted. Under these inflictions, the patriotism, patience, and fortitude of her people, were merits of the highest order. Her Legislature shrunk from no effort which the general interest required, and was, commonly, among the first to act upon the suggestions of Congress. After the victories of Trenton and Princeton, her militia, though continually harassed, by the cares of defending a long line of coast, turned out with promptness and energy, at the frequent calls of the commander-in- chief; and when actually invaded, in force, upon her eastern border, de- spatched considerable aid to her western sister State. The commander-in- chief, and his principal officers, bear abundant testimony to the activity, courage, and patriotism of her regular troops. Still, it remains, in order to display the part borne by the State, in the revolution, that we enter some- what more fully into the peculiar measures she pursued.
II. The subject of militia service was then, as now, one of much diffi- culty, in all communities where the Quakers are numerous. The doctrine of non-resistance is more admirable in theory, than admissible in prac- - tice. Probably, it can exist, only, where the State possesses an adequate number of members, who are conscientiously scrupulous in defending their rights; and that a community of non-combatants, having wherewith to excite the cupidity of others, would be converted into soldiers or slaves. In
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West Jersey, the Quakers were numerous, rich, and, as in Pennsylvania, many were not unfriendly to British pretensions. Their influence was suffi- cient to enervate the militia system. The ordinances of the Convention be- trayed this; and the system became one of the first subjects of attention for the Legislature of the new State.
In a letter of the 24th of January, 1777, to Governor Livingston, General Washington complained of its inefficiency, and strenuously urged, that "every man capable of bearing arms, should be obliged to turn out, and not permit- ted to buy off his services for a trifling sum." The governor communicated and enforced this sentiment to the Legislature, whilst General Putnam, at this time, stationed at Princeton, irritated by the refusal of numbers to perform military duty, gave peremptory orders to apprehend delinquents, and to exact personal service, or to levy what he deemed proportionate fines. This arbi- trary and illegal measure was properly reproved by the governor; but the general seems neither to have understood, nor relished the forbearance en- -joined upon him, although sustained by orders of the commander-in-chief. In framing the new militia bill, the principle of pecuniary composition for service, was, tenaciously, retained. Again, Washington interfered, exclaim- ing, " How can an Assembly of gentlemen, eye witnesses to the distresses and inconveniences that have their principal source in the want of a well regulated militia, hesitate to adopt the only remedy that can remove them ! And stranger still ; think of a law, that must, necessarily, add to the accu- mulated load of confusion! For Heaven's sake, entreat them to lay aside their present opinions, and waving every other consideration, let the public good be singularly attended to! The ease they design their constituents, by composition, must be delusive. Every distinction between rich and poor, must be laid aside now."* Still the militia law, passed on the 15th of March, 1777, authorized the commutation of service, during the war.
III. More energy was infused into another act of the Legislature, enacted at this period, on the recommendation of the executive, constituting the go- vernor, and twelve members of the Assembly, "a council of safety," with extraordinary and summary powers. The members had the authority of justices of the peace throughout the State,-they might fill vacancies in all offices during the recess of the Legislature-might correspond with Congress and other States, transact business with the officers of government, and pre- pare bills for the General Assembly-might apprehend disaffected persons, and imprison them, without bail or mainprize-might cause the laws to be faithfully executed, enforce the resolutions of the Assembly, and recommend to the speaker, to convene that body-and might call out such portions of the militia, as they should deem necessary, to execute the laws or protect them- selves. The original act was limited to six months, but the powers given were continued and enlarged from time to time, until the middle of the year 1778. An attempt was unsuccessfully made, to revive this power in 1780. It was most usefully employed in detecting and punishing the tories.
IV. There is much difficulty in giving a minute and accurate account of the military efforts of the State. Those of the militia were, generally, desul- tory and momentary, whilst those of the regular troops are involved in the operations of the continental armies. All officers of the militia, above the grade of captain, were appointed by the council and Assembly, in joint meet- ing, who, also, nominated all the officers of the continental brigade, below the rank of brigadier. The militia officers, of all ranks, were frequently changed; but the changes in the brigade were little more than such as were occasioned by death and promotion.
Sedgwick's Livingston-Vote of Assembly-State Laws. 2 S
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HISTORY OF NEW JERSEY.
. The first brigadiers of militia were Philemon Dickenson, Isaac William- son, and William Livingston. General Williamson resigned sixth of Feb- ruary, 1777. Mr. Livingston's commission was vacated by his election as governor. On the ciose of' June, 1776, when the militia were ordered to meet the enemy operating against New York, Colonel Nathaniel Heard was promoted to the command of the detachment of three thousand three hun- dred volunteers, engaged to serve until December, which had been offered to Joseph Reed, who, about this time, entered the continental service. The colonels were Philip Van Cortland, Ephraim Martin, Stephen Hunt, Silas Newcomb; lieutenant-colonels, David Brearley, David Forman, John Mun- son, Philip Johnson, and Bowes Reed; brigade-major, Robert Hoopes. On the eighteenth of July, Congress having authorized the commander-in-chief to call to his assistance, two thousand men from the flying camp, the Conven- tion of New Jersey supplied their place by a like number of militia. As the success of the enemy increased, and the danger to the State became immi- nent, still more strenuous measures were adopted. On the 11th of August, 1776, the Convention, by ordinance, divided the militia into two classes, or- dering one-half into immediate service, to be relieved, monthly. The fine imposed on privates, refusing to serve, was three pounds, only. This forced effort was, necessarily, of short duration.
On the 15th of February, 1777, General Dickenson proposing to remove from the State, tendered to the Assembly his commission of brigadier, which was accepted with a vote of thanks, for his spirited and prudent conduct whilst in office. Joseph Ellis was named his successor, but declined the commission. On the twenty-first of February, David Potter and John Neil- son, on the fourth of March, Colonel William Winds, on the fifth, David Forman, and on the fifteenth Silas Newcomb, were named brigadiers. Mr. Potter declined to serve. General Forman resigned on the 6th of Novem- ber, and General Newcomb on the 4th of the following month. On the 6th of June, Mr. Dickenson, having abandoned his intention of leaving the State, was appointed major-general; he held this post during the war, was fre- quently, as we have seen, engaged in active service, giving high satisfaction to the commander-in-chief, the constituted authorities of the State, and the troops under his command.
To the continental army, New Jersey supplied two highly distinguished general officers, and a brigade, certainly, inferior to none in the service. Lord Sterling, remarkable for his zeal and energy as a whig, was, in October, 1775, a colonel in the militia of Somerset county. He was soon after appointed to the same rank, in the first continental regiment from the province, whilst William Maxwell received the colonelcy of the second. In December, of the same year. Lord Stirling was suspended by Governor Franklin, from his seat in Council. In January, 1776, he received the thanks of Congress, for the capture of the ship Blue Mountain Valley, which, with the aid of several gentlemen, volunteers from Elizabethtown, he sur- prised. In March following, he became brigadier, and in February, 1777, major-general, in the continental army. He died at Albany, 15th of January, 17-3, whilst in chief command of the northern department. During the war, he rendered as much personal service as any officer of his rank; and to his military merit, General Washington has borne honourable testimony .*
* William Alexander, Earl of Stirling, was the only son of James Alexander, a distinguished lawyer, of New York, and at one time, Secretary of the Province of New Jersey. William commenced business as a merchant, in New York. In 1255, he was appointed one of the army contractors, by General Shirley; and, subsequent- ly, private secretary to that commander. Being skilled in theoretic and practical
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HISTORY OF NEW JERSEY.
In February, 1776, a third battalion was raised in New Jersey, placed under the command of Colonel Maxwell, and marched for Canada. Under the resolutions of Congress, authorizing the raising of eighty-eight battalions, for the war, four were allowed to that State. In fitting them, recourse was had to the three battalions already in service, northward of Albany, and for the deficiency, to the five battalions, raised for one year, under the command of General Heard. Pursuant to the recommendation of Congress, of the 8th of October, 1779, the Assembly appointed a committee, consisting of Theophilus Elmer and Abraham Clark, to nominate the officers for the bat- talions, subject to the revision and confirmation of the Legislature. The first field-officers confirmed in joint meeting, were Colonels Elias Dayton, Ephraim Martin, Silas Newcomb, Isaac Shreve; Lieutenant-colonels David Brearley, Matthias Ogden, David Rhea, and Francis Barber; Majors Wil- liam De Hart, Richard Howell, Joseph Bloomfield, and E. Howell. The company officers were appointed at the same time. Several changes in the field-officers, almost immediately took place.
Under the authority of Congress, in 1780, a new arrangement of the Jersey brigade was made, reducing the four battalions to three regiments, which was confirmed by the Assembly of the State, on the 26th of Septemn- ber, in the following manner, as to the field-officers. Of the first regiment, Matthias Ogden, colonel, David Brearley, lieutenant-colonel, Daniel Piatt, major; of the second regiment, Isaac Shreve, colonel, William De Hart, lieutenant-colonel, and Richard Howell, major; of the third, Elias Dayton, colonel, Francis Barber, licutenant-colonel, and John Conway, major. The brigade, before and after it was thus constituted, was commanded by Briga- dier-general Maxwell, and was employed, at times, in every part of the con- tinent; wherever hard service was required, in the north, south, centre, and west .* Besides the distinguished military officers, we have above named, New Jersey gave to the continental army, Adjutant-general Joseph Reed, subsequently President of the Executive Council of Pennsylvania, and Elias Boudinot, the commissary-general of prisoners. This gentleman was, also, in 1783, President of Congress. In the civil department, she gave to the United States, a judge of admiralty, in Francis Hopkinson, and to Pennsyl- vania, an attorney-general, in Jonathan D. Sergeant.
V. In Congress; the State appears to have been uniformly and efficiently represented, and her delegates chosen, annually, by the Assembly, in joint ballot, to have borne an active part in all the important business of that body. We have heretofore given the names of her representatives, up to the adoption of the constitution of the State, and now append the names of those
mathematics, he was made surveyor-general of East Jersey. In September. 1756, he accompanied Shirley to England. and by his persuasions, was induced to claim the Scottish earldom of Stirling, of which he bore the family name, and which had been in abeyance, since 1739. He succeeded in establishing, in 1759. his direct descent from the titled family, before a jury of service, as required by the Scotch law. and, confident of final success, assumed the title, which was, at the same time, adopted by several other claimants. But the final decision depended on the House of Peers, which forbade all claimants of peerages to use the titles. until their rights were esta- blished. The decision was ultimately against him: but the title was given to him by courtesy, during the remainder of his life. Shortly after his return to America, he . removed to Baskingridge, in the county of Somerset, New Jersey, where his father had owned extensive tracts of land: and being soon afterwards appointed a member of the King's Council, he remained at this place until the revolution. His letters to the Lords Bute and Shelburne, some of which remain, show an carnest desire to develope the resources of the colony. He made a map of the province, and endeavoured to foster its manufactures. In the year 1773, he exerted himself' to discover the agents in the robbery of the treasurer, Stephen Skinner .- Sedgwick's Life of Livingston.
* General Maxwell resigned, 20th of July, 1780.
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who served from that period, to the organization of the present federal government .*.
VI. Among other measures, and certainly not the least efficient, adopted by the Legislature, in aid of the revolution, was the establishment of the public press, and the New Jersey Gazette; designed, among other good pur- poses, to counteract the influence of the Royal Gazette, published by Riving- ton, in New York. This matter was proposed to the Assembly on the 11th of October, 1777, and was undertaken by Mr. Isaac Collins, who had been printer to the province for some years ; the Legislature engaging, for seven hundred subscribers, to establish a post from the printing office to the nearest continental post office, and to exempt the printer and four workmen from militia service. Mr. Collins was a Quaker, a whig, a man of enterprise, courage and discretion. The gazette was regularly published, until the 25th of November, 1786, when other presses having been established, it was discontinued, for want of patronage. It rendered essential service to the patriot cause, and was the vehicle for the lucubrations of Governor Liv- ingston, and other writers, who animated and directed the efforts of their countrymen.
VII. The States had universally looked forward to the return of peace, with the establishment of their independence, as to a condition of unalloyed happiness. The unyielding firmness with which their trials had been borne, and the glorious termination of the contest, gave to the people much self- satisfaction, at home, and an honourable reputation, abroad, which served as powerful stimulus to pursue their high destinies with vigour. But many obstacles opposed the rapid progress which their hopes had predicted. In the course of the long war, the people had been greatly impoverished-their property had been seized for the support of both armies, and their labour had been much devoted to military service. The naval power of the enemy . had almost annihilated their commerce; the price of imports was enhanced, whilst exports were reduced much below their ordinary value. On opening their ports, an immense quantity of foreign merchandise was poured into the country ; and the citizens were, generally, tempted by the sudden cheap- ness of goods, and by their own wants, to purchase far beyond their means of payment. Into this indiscretion they were, in some measure, beguiled, by their own sanguine calculations, on the rise of the value of their products,
* The following named gentlemen were elected to Congress at the times respec- tively designated .-
1776, November 30th, Richard Stockton, Jonathan Dickenson Sergeant, Dr. John Witherspoon, Abraham Clark, and Jonathan Elmer. Mr. Stockton resigned, 10th of February, 1777.
1777, November 20th, Messrs. Witherspoon, Clark, and Elmer, Nathaniel Scudder, and Elias Boudinot.
1778, November 6th. Witherspoon, Scudder, Frederick Frelinghuysen, John Fell, and John Neilson.
1779, November 17th. The delegates were reduced to three, and were, John Fell, William Churchill Houston, and Thomas Henderson.
1780, November 23d, Witherspoon, Clark, Houston, William Patterson, and Wil- liam Burnett.
1781, November 2d, Clark, Houston, Elmer, Boudinot, and Silas Condict.
17-2, October 30th. Boudinot, Clark, Elmer, Condict, and Frelinghausen.
1783, November 6th, Elmer, Condict, John Stephens, sen., John Beatty, and Samuel Dick.
1734, October 20th, Houston, Beatty, Dick, Lambert Cadwallader, John Cleves Symines, and Josiah Hornblower.
1785, October 25th, Cadwallader, Symmes, and Hornblower.
1786, November 7th, Cadwallader, Clark, and James Schureman.
1767, October 31st, Clark, Eliner, Patterson.
1788, Clark, Elmer, Jonathan Dayton.
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and the evidences of the public debt, which were in the hands of most men. Extravagant estimates were made of the demand for lands, by the vast con- course of emigrants. which it was supposed equal liberty would bring from Europe; and adverting to the advantages gained by those who purchased on credit, during the prevalence of paper money, many individuals made exten- sive purchases at very high prices. The delusions, however, were soon dissipated, and a greater proportion of the inhabitants found themselves in- volved in debts they were unable to discharge. One of the consequences of this state of things, was a general discontent with the course of trade. From their superior skill and capital, and free admission to American ports, the British merchants had greater advantage in the American trade, than when the States were colonies; whilst the navigation of American ships to British ports, was prohibited, and American exports refused admission, of burdened with heavy duties. In the rich trade of the neighbouring colonies, the Ameri- cans were not permitted to participate, and in the ports of Europe they en- countered embarrassing regulations. From the Mediterranean, they were excluded by the Barbary powers, whose hostility they could not subdue, and whose friendship they could not purchase.
The unpaid debt of the war was a source of great inconvenience to the country at home, whilst it caused ignominy and contempt abroad, from which there was no chance of escape, whilst the means of payment were derived from the State sovereignties. The debts of the union were com- puted to amount, on the first of January, 1783, to somewhat more than forty millions of dollars, which were due to three classes of highly meritorious creditors. To an ally, who, to the extensions of his arms, had added gene- rous loans, and liberal donations ;- to individuals in Holland, who, besides this precious token of confidence, were members of a republic, which was second in espousing our rank among nations-and to the soldiers of the war, whose patience and services, merited any other reward, than neglect and procrastination of payment; and to citizens who had originally loaned their funds, or had become purchasers of public securities.
This debt was due, part from the United States, and part from the individual States, who became immediately responsible to the creditors, retaining a claim against the general government, for the balance, which might appear on the settlement of accounts. The depreciation of the debts due from the Union, was consequent on its poverty, and inability to acquire funds; whilst the de- preciation of the State debt, can be ascribed only to the want of confidence in governments controlled by no fixed principles .* In many of the States, pub- lic securities were sold at a discount of seventeen shillings in the pound. In private transactions, a great degree of distrust, also, prevailed. The bonds of debtors, of unquestioned solvency, were sold at fifty per cent. reduction ; real estate was scarce vendible, and few articles could be sold for ready money, unless at a ruinous loss.
VIII. Much of the evils of this condition might have been readily re- moved, by an efficient general government, which could call forth and direct the wealth and energies of the people. But no such power could be derived from the loose articles of confederation, which had been, after much delay and reluctance, on the part of the States, finally adopted in 1781. These articles were laid before the Assembly of New Jersey, on the 4th of Decem- ber, 1777. No action was had upon them during the then session, nor until the 15th of June, 1778, when the joint committee reported them, with sundry propositions of amendment :- 1. That the delegates in Congress
* New Jersey provided for the payment of the interest, and for the final redemption of her domestic debt, by taxation.
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should take an obligation to pursue the interests of the confederation, and, particularly, to assent to no measure which might violate it; 2. That the sole and exclusive power of regulating the trade of the United States with foreign nations, should be vested in Congress; and the revenue arising from the customs, should be appropriated to the establishment of a navy, and to other public and general purposes; 3. That no body of troops should be kept up by the United States in time of peace, except by the assent of nine States; 4. That the quotas of aids and supplies from the several States should be settled every five years; 5. That the boundaries of the several States should be fully and finally established, as soon as practicable within five years; 6. That the vacant crown lands should be deemed the spoils of the war, to be applied for the general benefit; and that whilst the jurisdiction of the several States was preserved with chartered or determined limits, the vacant lands should be vested in Congress, in trust for the United States; 7. That the requisitions on the several States for land forces, should be ap- portioned to the whole of the respective population, and not to the number of white inhabitants only; 8. That for equitably ascertaining the quota of troops of each State, a census of the inhabitants should be taken every five years; 9, and lastly, That the provision which required the assent of nine out of thirteen States, in certain cases, should be so modified, that the pro- portion should be preserved upon an increase of the number of States.
Although the inconvenience of amending the articles of confederation, may have prevented the incorporation of these propositions, it is obvious that the statesmen of New Jersey had foreseen and supplied the omission of many principles which were essential to the welfare, nay, the existence of the Union. At various times she enforced the propriety of the general regula- tion of trade, and of making the crown lands a common fund; and, finally, all her suggestions were adopted in the establishment of the Union. On the 14th of November, 1775, the Assembly, reasserting the propriety and expe- diency of their propositions, which they forebore to press, on account of the urgency of the case, and in the hope that the States would, in due time, re- move the existing inequality, adopted the articles of confederation. And on the 20th, a law authorized their delegates in Congress, to subscribe them.
IX. The utter inefficiency of the articles of confederation, became appa- rent almost as soon as they were adopted, and was most conclusively exem- plified, in the failure of the earnest endeavour to provide for the public debt, made in 1783. Two parties, as we have elsewhere observed, began to per- vade the Union. One contemplated America as -a nation, and laboured in- cessantly to invest the federal head with powers competent to the preserva- tion of the Union. The other, attached to the State authorities, viewed all the powers of Congress with jealousy, and assented, reluctantly, to measures which tended to render them independent of the States. Sensible that the character of the government would be determined by the measures which should immediately follow the treaty of peace, gentlemen of distinguished political acquirements, among whom were some conspicuous officers of the late army, sought a place in the Congress of 1783. They procured the assent of the House, to a system, the best that circumstances would admit, to restore and support public credit, and to obtain from the States substantial means for the funding the whole debt of the nation. They proposed that adequate funds should be raised by duties on imports, and by internal taxes, for the immediate payment of the interest, and gradual extinction of the principal; and that the quotas of the several States, should be determined, not by the value of the located lands, but by the extent of its population. It was proposed, also, as an amendment to the 8th article of the confederation, that the taxes for the use of the continent, should be levied, separately, from
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