USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 52
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other taxes, and paid directly into the national treasury, and that the col- lectors should be subject and responsible to Congress. To prevent the pre- ference in payment, for part of the debts, which might result from a partial adoption of the system, it was declared, that no part of the revenue system should take effect, until the whole had been adopted by all the States; after which, the grant was to be irrevocable, except by the concurrence of the whole, or by a majority of the United States in Congress assembled. But to remove the jealousy which obstructed the grant of power, to collect an inde- finite sum for an indefinite time, the proposition was modified, so that the grant was to be limited to twenty-five years, to be strictly appropriated to the debt contracted on account of the war, and collected by persons appoint- ed by the respective States. These resolutions were adopted on the 18th of April, 1783; and a committee, consisting of Mr. Madison, Mr. Hamilton, and Mr. Ellsworth, was appointed to recommend them by an address to the people, and Washington, himself, joined in this object, by a circular address- ed to the governors of the States, respectively .*
While the fate of these measures remained undecided, requisitions for the intermediate supply of the national demands, were annually repeated, but annually neglected. From the first of November, 1754, to the first of Ja- nuary, 1786, there had been paid to the public treasury, only 482,397 dol- lars. Happily, a loan had been negotiated in Holland, by Mr. Adams, after the termination of the war, out of which the interest of the foreign debt had been partly paid; but that fund was exhausted. Unable to pay the interest, the United States would, in the course of the succeeding year, be liable for the first instalment of the principal; and the humiliation of total failure, in the fulfilment of her engagements, would be accompanied with no hope of future ability. If the condition of' the domestic creditors was not absolutely hopeless, their prospect of payment was so remote, that the evidences of their claim were transferred at a tenth of their nominal value. In a word, in 17-6, a crisis had arrived, when the people of the United States were required to decide, whether, by the establishment of a secure and permanent revenue, and the maintenance of public faith, at home and abroad, they would sustain their rank as a nation.
In the course of the year 1786, the revenue system, proposed in April, 1783, had been adopted by every State in the Union, New York excepted. That State had passed an act upon the subject, but influenced by its jealousy of the Federal Government, had not vested in Congress the power of collect- ing the duties specified in their resolutions; but had reserved to itself the levying of the duties according to its own laws, made the collectors answera. ble only to the State, and the duties payable in State bills, which were liable to depreciation. As the assent of every State was indispensable to the suc- cess of the plan, it was thus, wholly defeated.
New Jersey, overshadowed by her overgrown neighbours, New York and Pennsylvania, whose capitals and whose ports, made them importers, not only for themselves, but for her, had a grievance peculiarly her own-pay- ing the duties which those States, severally, levied upon the merchandise she consumed. She was, therefore, induced, by the strongest ties of interest, to support the federative system, by which such duties, instead of being levied by individual States for their special benefit, would be received and expended for the general weal of the nation; and was indignant, that the system had been rejected by New York. Certain resolutions, expressive of her sense, upon this and other momentous subjects, were reported to the Assembly, by Mr. Abraham Clarke, on the 20th of February, 1786, and
Dated June 8th, 1783.
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afterwards embodied in instructions to her delegates in Congress, to the fol- lowing effect.
" When the revenue system of April 18th, 1783, was passed in Congress, we were then in hopes that our situation, between two commercial States, would no longer operate to our detriment; and that, those States, and others in their predicament, were, at length, convinced of the selfish and palpable injustice of subjecting others to their exactions, and then applying those ex- actions to the augmentation of their respective private revenues.'
"The same contracted and destructive policy, that has long subsisted, still continues; and as we are convinced, that neither the public credit can be supported, the public debts paid, or the existence of the Union maintained, without the impost revenue, in some beneficial effective manner, it has be- come our duty to instruct you, to vote against each and every-ordinance, re- solution, or proceeding, whatever, which shall produce any expense to New Jersey, for the promotion or security of the commerce of these States, or any of them, from which neither the Union, in general, nor this State, in particular, derives any advantage, until all the States shall, effectually, and substantially, adopt and carry into execution, the impost above mentioned. You will see, by the representation of this State, June 25th, 1778, that the Legislature have, uniformly, held the same justice of sentiment, respecting the vacant or crown lands; relative to which, you are instructed-to vote against every proceeding, which shall tend to charge this State with any expense for acquiring, gaining possession of, or defending such territory, claimed by, or which is to accrue to, the exclusive benefit of any particular State or States, and not the Union at large."
" The Legislature has beheld, with much concern, gratuitous advances of money and partial payments, made by Congress, to importuning creditors and others, not regulated by any general and equal system, which not only impoverish the treasury, but produce discontents, and furnish bad precedents. You are, therefore, instructed not to assent to any such payments, or to the payment of any particular debts, other than foreign loans, in preference to others of a like nature, whereby a discrimination of creditors may take place. It were well if the public could pay all, promptly, but as that is impractica- ble, it is absolutely necessary, to act upon settled uniform plans, in paying as far as the revenue can extend."
The Assembly, also, resolved, for these reasons, " that they could not, consistently with the duty they owed to their constituents, comply with the requisition of Congress of the 27th of September, 1785, or any other of a similar nature, requiring specie contributions, until all the States in the Union should comply with the requisition of April, 1783, or at least, until the several States, having the advantage of commerce, which they now enjoy, solely from the joint exertions of the United States, shall forbear exacting duties upon merchandise, for the particular benefit of their respective States, thereby drawing revenues from other States, whose local situation and cir- cumstances, would not admit their enjoying similar advantages from com- merce."
This resolution proved so embarrassing to Congress, that a committee was appointed from that body, personally, to remonstrate with the Legislature of New Jersey, and to endeavour to procure its repcal. Whereupon, the House resolved, that "being willing to remove, as far as in their power, every embarrassment, from the councils of the Union, and that the failure of supplies from temporary demands, though clearly evinced from experience, may not be imputed to the State of New Jersey, only, the resolution of the twentieth of February, should be rescinded." Thus disappointed in procuring an equalization of the customs, the State, from the many petitions upon this
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subject, seems to have prepared itself for the establishment of a tariff of duties, upon all goods imported from the adjacent States. A measure which could have resulted only in awakening dangerous feuds with her neighbours, and in the greater oppression of her own citizens.
X. To relieve the pecuniary distress which weighed upon this State, in common with the rest of the Union, the Legislature resorted to the old expe- dient of issuing bills of credit, and lending them upon mortgage, through loan offices, established in the several counties. A bill for striking and ยท making current, one hundred thousand pounds, was passed by the Assem- bly, in March, 1786, but was rejected in Council. The cries of the people, however, were too general and loud, to be thus disregarded; and a special session of the Legislature was holden on the 17th of May, following, when the bill passed both Houses.
XI. To increase the gloom which hung over the Union, difficulties had arisen relative to the execution of the treaty with Great Britain, which had been broken by both parties. The British had not delivered up, nor paid for, the slaves of the southern planters, nor surrendered the military posts upon the borders. Nor had the United States complied with the 4th, 5th, and 6th articles, containing agreements respecting the payment of private debts, due the British merchants, the confiscation of property, and the prosecution of individuals, for the part taken by them, during the war. Complaints were also, made, of British encroachments on the territory of the United States, from the eastern frontier. But the cause of the greatest disquiet, was the rigorous commercial system, pursued by Great Britain. To settle these vexatious questions, Mr. John Adams was, in February, 1785, appointed plenipotentiary of the United States to the British court. His efforts to give reciprocity and stability to the commercial relations, between the two coun- tries, were unavailing ; the cabinet of London declining negotiation with a government, which was unable to secure the observance of any general re- gulation, and to make the obligations of a treaty reciprocal.
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XII. All these circumstances rendered a modification of the compact be- tween the States, not only desirable, but inevitable, if their union was to be preserved. The immediate measures leading to a change, commenced in Virginia. On the 21st of January, 1786, a resolution was adopted in the Legislature of that State, appointing commissioners " to meet such as might be appointed by the other States in the Union, at a time and place to be agreed on, to take into consideration the trade of the United States; to ex- amine the relative situation and trade of the said States : to consider how far a uniform system in their commercial relations may be necessary to their common interests, and their present harmony, and to report to the several States, such an act, relative to this great object, as when unanimously rati- fied by them, will enable the United States, in Congress assembled, effectu- ally, to provide for the same." In the circular letter transmitting these resolutions to the respective States, Annapolis, in Maryland, was proposed as the place, and the ensuing September as the time, of meeting.
This resolution was submitted to the Legislature of New Jersey, on the 14th of March, 1786, and concurred in, a few days after. On the 21st, in joint meeting, Messrs. Abraham Clarke, William C. Houston, and James Schureman, were appointed delegates to the convention at Annapolis.
But five States,* only, were represented, on this important occasion. The delegates having appointed Mr. John Dickinson their chairman, proceeded to discuss the objects of their convention ; when they soon perceived, that more ample powers were requisite to effect their contemplated purpose. They
* New York, New Jersey, Pennsylvania, Delaware, and Maryland. 2 T
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rose, therefore, without coming to any resolution, save that of recommend. ing, to the several States, the necessity of extending the revision of the federal system, to all its defects, and the appointment of deputies for that purpose, to mect in convention, in the city of Philadelphia, on the second day of the ensuing May.
This proposition was variously received, in accordance with the temper of the several parties in the Union. Those who sought the energetic govern- ment of monarchy, and those who carnestly desired to break up the old con- federation, believed, that the public affairs had not yet reached their worst state-that state which would compel a change; and, therefore, they looked coldly upon it. Others deemed the mode of calling the convention, irregular; whilst others objected to it, because it gave no authority to the plan, which should be devised. But its most active opponents were the devotees of state sovereignty, who deprecated any considerable augmentation of federal power. The ultimate decision of the States, in favour of the proposition, is supposed to have been produced, by the commotions which at that time agitated all New England, and particularly Massachusetts. Congress was restrained from giving its sanction to the measure, by an apprehension, that their action upon it would impede, rather than promote, it. From this fear, they were relieved by the Legislature of New York, which, by a majority of one voice, only, instructed its delegation to move in Congress, a resolution, recommend- ing to the several States, to appoint deputies to meet in convention, for the purpose of revising, and proposing amendments to, the federal constitution. On the 21st of February, 17-7, the day succeeding the instructions given by New York, Congress resolved it " to be expedient, that on the second Mon- day in May next, a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express pur- pose of revising the articles of confederation, and reporting to Congress, and the several Legislatures, such alterations and provisions, therein, as shall, when agreed to, in Congress, and confirmed by the States, render the federal constitution adequate to the exigencies of government, and the preservation . of the Union."
- On the 24th of November, 1786, New Jersey had approved the measure, and nominated David Brearley, William C. Houston, William Patterson, and John Neilson, commissioners on her part; to whom she afterwards added, Governor Livingston, and Abraham Clark, on the 19th of May, 1787, (omitting the name of Mr. Nielson,) and Jonathan Dayton, on the 7th of June.
XIII. The representatives of twelve States convened at the time and place appointed; Rhode Island, alone, having refused to send deputies. Having, unanimously, chosen General Washington their president, thicy proceeded with closed doors, to discuss the interesting subject submitted to them. Upon the great principles of the system, not much contrariety of opinion is under- stood to have prevailed; but the various and intricate modifications of those principles, presented much difficulty. More than once, there was reason to fear, that the convention would rise without effecting the object for which it was formed. Happily, the advantages of the Union triumphed over local interests. And at length, on the 17th of September, the constitution of the United States of America, was given to the world.
Although earnestly devoted to the establishment of a strong and permanent government for the Union, New Jersey was anxious to preserve the original equality of the States, which had given to each, in Congress, before and after the adoption of the articles of confederation, a voice alike potential. The pretension was unjust, considering the United States as composed of one people, but had a colour of propriety when they were viewed as a confede-
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ration of independent States. The "New Jersey plan," as it was termed,. was proposed by Mr. Patterson, and sustained by the delegates of New Jersey, Connecticut, Delaware, and in part of Maryland. To its introduction we, probably, owe that provision of the constitution of the United States, which gave from the several States, an equal representation in the Senate."
The convention directed the result of their labours to be laid before Con- gress; and that it should afterwards be submitted to a convention of dele- gates, chosen in each State by the people, thercof, under the recommendation of its Legislature, for their assent and ratification; and that so soon as the conventions of nine States should have ratitied it, it should be carried into operation by Congress, in a mode prescribed.
When submitted to the people, the merits of this constitution were fully and rigorously discussed, not only in the several conventions, but in the periodical papers of the day. The federal, and the State-right parties, which divided the country, maintained their views with equal zeal; but the first, after an arduous struggle, prevailed. In producing this result, Messrs. Madison, Jay, and Hamilton, were among the most efficient and distinguish- ed agents, and their essays under the title of the Federalist, form a valua- ble treatise on government, which must continue to be the text book for, at least, the statesmen of North America.
So balanced were the parties in some of the States, that even after the constitution had been long discussed, its fate could scarcely be conjectured; and so small in many instances, was the majority in its favour, as to afford ground to believe, that had the influence of character been removed, the merits of the instrument would not have secured its adoption. And in some of the adopting States, a majority of the people are supposed to have been op- posed to it. The commissioners of New Jersey, reported to the Assembly the proceedings of the Convention, on the 25th of October, 1787. And Con- gress having unanimously resolved, that the constitution be transmitted to the several States, for consideration, the House, unanimously, on the 29th of October, recommended, such inhabitants of the State as were entitled to vote for representatives in the General Assembly, to elect on the fourth Tuesday of November, from each county, three delegates to a convention, to mect at Trenton, on the second Tuesday of December, to consider, and if approved, to ratify, the constitution.
The State Convention met on the 11th of December, 1787, and chose John Stephens, president, and Samuel Witham Stockton, secretary. After establishing rules for its government, it resolved, " that the federal constitu-
* The plan of Mr. Patterson contemplated the amendment of the articles of confede- ration-By vesting in Congress power-To raise a revenne by duties on imposts, stamps, and postage-To regulate trade and commerce with foreign nations, and be- tween the States; all punishments, fines, forfeitures, and penalties, to be adjudged by the common law judiciary of the State, in which the offence should be committed, subject to an appeal to the judiciary of the United States- To make requisitions upon the several States, in proportion to the whole number of inhabitants, including those bound to servitude for a term of years, and three-fitthi of slaves; and in case of non- compliance, to direct the collection of the same-To elect a Federal Executive to con- sist of several persons, paid by Congress, having power to appoint all Federal officers, &c .- To establish a Federal Judiciary, consisting of a supreme tribunal. appointed by the Executive, during good behaviour, to have original jurisdiction in case of im- peachment, and appellate jurisdiction in cases relating to ambassadors, captures, piracy and felony on the sea-To impose an oath of fidelity, &c. on all officers-To make the Federal laws and treaties the supreme laws of the land, and to call forth the military powers of the confederated States, to enforce such laws-To provide for the admission of new States into the Union-To provide for deciding upon all disputes between the United States and an individual State, respecting territory-To make a uniform rule of naturalization, &c. &c.
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tion be read, by sections, and that, as so read, every member make his obser- vations thereon; that after debating such section, the question be taken, whether further debate be had thereon; and if determined in the negative, that the convention proceed in like' manner to the next section, until the whole be gone through; upon which the general question shall be taken, Whether the Convention in the name, and on behalf of the people of this State, do ratify and confirm the said constitution ?" And on Tuesday, the 18th of December, the constitution was, unanimously, adopted, without a sin- gle amendment. On the 19th, the members of the Convention went in solemn procession, to the Court House, where the ratification was publicly read to the people .*
The twelve articles of amendment, which were proposed and adopted, at the first session of the first Congress, were ratified by this State, by an act passed on the 20th of November, 1789. That the happiness of all the citi- zens of the United States has been promoted and secured, by the Federal Constitution, admits not of doubt. But, to New Jersey, especially, that in- strument brought peace, protection and prosperity. Condemned, by circum- stances, which she could not control, to abandon all prospect of foreign com- merce, she would have been dependant upon New York on the east, and Pennsylvania on the west, for her supplies of foreign merchandise. For so valuable a customer, those States would, probably, have contended between themselves; and the inhabitants on the shores of the Delaware and its tribu- taries, would have made common interest with Philadelphia, whilst those on the banks of the Hudson and the sea coast, would have been controlled by the merchants of New York. Less causes have divided States, have given birth to civil wars, followed by the subjection of the country. New Jersey might have become the prize for which her great neighbours would have re- sorted to arms; and her greatest happiness might have been, to be conquered by the strongest.
From the dread of these evils, the Union has, happily, delivered her, and left her at perfect liberty to pursue, with unerring certainty, the welfare of her citizens. Debarred from foreign commerce, she has turned her pro- vidence to agriculture and manufactures. For the first, the diversity of her soils is admirably adapted. For the second, her mines and her streams have fitly prepared her. From both, she has continued to derive, abundantly, morals, wealth, and happiness. Since the adoption of the Federal Constitu- tion, few subjects of historical interest have occurred,-public business has flowed in a silent and tranquil stream, and individual prosperity has been un- interrupted. The fondest wish of the patriot heart, must be, that the Union, the Federal Constitution, and the weal of the State, which are inseparable, may, also, be perpetual.
* New Jersey was the third State to ratify the constitution, being preceded only by Delaware, on the 7th, and Pennsylvania, on the 12th, of December.
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APPENDIX.
NOTE A .- Page
The Hudson and Delaware rivers have been known boder various names, by the aborigines and the whites. Thus, the Hudson was called anahatta, from an In- dian nation near its mouth:" Makakanightac, or Mohican-nittuch and Mohegan, from the Mohicans; Shuttemuck, perhaps a corruption of the preceding; and Cohetaba, by the Iroquois. The Dutch and English termed it the North, to distinguish it from the Delaware, or South river. The Dutch also called it Mauritius river, in honour of Prince Maurice. The Spaniards are supposed to have called it Riviere de Mon- tagnes, from the Highlands through which it passes.
The Delaware, among the natives, was known as the Poutarat, Marisqueton, Makerislitton, and Malicrisk-kiskon, and Lenape-wrihittuck, stream of the Lenape. By the Dutch it was called Zuydt, or South, Nassau, Prince Kendrick's, or Charles' river ; and by the English, the Delaware. The derivation of the last name is doubtful. Campanius says it was so named, from Mons. De la Warre, a captain under Chartier ; and that it was discovered in 1600; whilst Stith informs us, that Thomas West, Lord Delaware, discovered and gave it his name. in 1610, and that he died opposite its mouth, on a second voyage to Virginia, in 1618. In Heylin's Cosmography, originally written in 1648, but continued by Edward Bohun to 1703, this river is called .Arasapha.
NOTE B .- Page IS.
The description given by Plantagenet, was doubtless very enticing, and it would seem that the country had been pretty well explored, since he speaks famiharly of " iron stone, and by it, waters and falls, to drive iron-works, in an uninhabited de- sert." He speaks also, of lions, for which probably the panthers were taken. On re- ligious subjects, the views of the projectors were liberal for the age. since there was to be " no persecution to any dissenting; and to all such, as to the Walloons, in Holland, free chapels; and to punish all as seditious, and for contempt, as bister rail, and condemn others of the contrary."
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