The history of New Jersey : from its earliest settlement to the present time : including a brief historical account of the first discoveries and settlement of the country, Vol. I, Part 33

Author: Raum, John O., 1824-1893
Publication date: 1877
Publisher: Philadelphia : J.E. Potter and Co.
Number of Pages: 908


USA > New Jersey > The history of New Jersey : from its earliest settlement to the present time : including a brief historical account of the first discoveries and settlement of the country, Vol. I > Part 33


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38


On the 11th of February, 1768, the colony of Massachusetts, in addition to her other measures, addressed a circular letter to the assemblies of the respective colonies, stating her own pro- ceedings to obtain redress. Courtland Skinner, Esq., speaker of the house, laid this before the house of representatives of New Jersey, on the 16th of April, whereupon the matter was referred to a committee, consisting of Messrs. Joseph Borden, of Burling- ton county, John Lawrence, of Monmouth, and Richard Law- rence, of Burlington city, with instructions to draft an answer to the same. The answer, signed by the speaker, says : " Sensible that the law you complain of is a subject in which every colony is interested, the house of representatives readily perceived the necessity of an immediate application to the king, and that it should correspond with those of the other colonies ; but as they have not had an opportunity of knowing the sentiments of any other colony, but that of the Massachusetts bay, they have en- deavored to conform themselves to the mode adopted by you.


" They have therefore, given instruction to their agent, and enjoined his attention on the subject of the petition." And it concluded, " the house have directed me to assure you, that they are desirous to keep up a correspondence with you, and to unite with the colonies, if necessary, in further supplications, to His Majesty, to relieve his distressed American subjects." Pursuant to these sentiments, the house, May 7th, 1768, adopted a petition to His Majesty, in which, after recounting the perils and labors of the primitive settlers, they declared that "the subjects thus emigrating, brought with them, as inherent in their persons, all the rights and liberties of natural born subjects within the parent state. In consequence of these, a government was formed, under which they have been constantly exercised and enjoyed by the inhabitants, and repeatedly and solemnly recognized and con- firmed by your royal predecessors, and the legislature of Great Britain.


"One of these rights and privileges vested in the people of


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this colony, is the privilege of being exempt from any taxation but such as are imposed on them by themselves, or by their rep- resentatives ; and this they esteem so invaluable, that they are fully persuaded no other can exist without it."


In their controversy upon the stamp act, the colonists found their most effectual weapon in their non-importation agreement. Recourse was again had to them. But as New Jersey had but little direct commerce of importation, she could not express her sense of injury adequately, by this mode ; but she was not pre- cluded from giving to her commercial neighbors, the stimulus of her approbation.


Accordingly, at the October session of 1769, her legislature re- solved unanimously, "That the thanks of the house be given to the merchants and traders of this colony, and of the colonies of New York and Pennsylvania for their disinterested and public spirited conduct in withholding their importations of British mer- chandise, until certain acts of parliament, laying restrictions on American commerce, for the express purpose of raising a revenue in America, be repealed."


Efforts having been made in Rhode Island to break through the non-importation agreement, the freeholders, merchants and traders of the county of Essex, convened at Elizabethtown on the 5th of June, 1770. and resolved, that such agreement was a legal and constitutional method of discovering their sense of the acts of parliament for raising a revenue in the colonies ; and therefore, should be firmly adhered to until such acts were re- pealed. That they would not themselves, or by others, receive, purchase, sell or otherwise use any of the manufactures or mer- chandise imported from Great Britain, contrary to the agree- ment ; and that they would not trade, nor have any commercial intercourse with such persons who should import goods or cause them to be imported, or with any person who shall purchase goods so imported ; but would use every lawful means to hinder the sale of such goods in any way whatever. That they highly approved the spirited behaviour of their Boston, New York and Philadelphia brethren, in renouncing all commerce and inter- course with the traders and inhabitants of Newport, in Rhode Island, who had perfidiously deserted them in this struggle ; and


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that they would observe the same rules of conduct they had so properly adopted, with respect to the traders and inhabitants of Newport. And at a meeting held at the same place, on the 16th of July, when having learned that ." the merchants and traders of the city of New York, had lately thought proper, contrary to their own agreement and in violation of their public faith, to break through the only measure that could have obtained redress, they declared that the signers to the late non-importation agree- ment at New York, had perfidiously betrayed the common cause, deserted their countrymen in their united struggles for the re- moval of ministerial oppression ; and that every person who, contrary to the non-importation agreement, shall import, ought, by the friends of their country, to be treated, not only in like manner as they themselves set the example in the late case of the merchants and traders of Newport, but be held in the utmost contempt by all the friends of liberty, and treated as enemies to their country. And they would strictly adhere to their resolu- tions adopted at a former meeting. The conduct of the New York importers was condemned by the inhabitants of Wood- bridge and New Brunswick and other places, in terms still more energetic. Some of these importers, venturing soon after, to New Brunswick and Woodbridge with their goods, were severely · handled by the populace.


The assembly of Virginia passed resolutions unanimously as- serting the exclusive right of that assembly to impose taxes on their constituents. They also resolved, that all persons charged with the commission of any offence, within that colony, were entitled to a trial before the tribunals of the country, according to the known course of proceedings therein ; and that to seize such persons and transport them beyond the seas for trial, dero- gated in a high degree, from the rights of British subjects; as thereby, the inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of summoning and producing witnesses in such trial, would be taken from the party accused.


On the 6th of December, 1769, this last resolution was adopted in terms, by the assembly of New Jersey.


The remonstrances of the colonies was so great that Great


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Britain was compelled to modify their import act by reducing it one-half.


The period of four years succeeding the modification of the revenue act, contains few incidents of historical interest. The late war, by the great expenditure of money and consumption of agricultural products, had caused an extraordinary appearance of prosperity in New Jersey, as in other colonies. A ready market and advanced price for grain increased the value of lands, and seduced the enterprising into improvident purchases. The causes of this excited state ceasing with the peace, great depression of prices, and contraction of business ensued. Debtors were unable to pay ; bankruptcies and suits at law were numerous, and the prosecuting creditor and his attorney became odious to the debtor and his sympathizing friends.


In January, 1770, many citizens of Monmouth county assem- bled at Freehold, on the stated day for holding the county court, and violently deterred the judges from executing their office ; compelling them to return to their respective homes ; and a similar riot in Essex was suppressed, only by the spirited con- duct of the sheriffs, magistrates, and the better disposed citizens. .


The cause alleged for the unwarrantable proceedings, was oppression by the lawyers, in their exorbitant charges for costs. The governor, by the advice of his council, issued a special · commission for the trial of the defendents, adding to the justices of the supreme court, some gentlemen of distinguished character. In Essex, the rioters were immediately tried, convicted and punished ; but, in Monmouth, they were screened from chastise - ment by the sympathy of their fellow-citizens.


In suppressing these seditions, Mr. Richard Stockton was highly instrumental, supporting with dignity the authority of the government, mildly assuaging the temper of the people.


In the intercourse between Governor Franklin and the assembly, considerable harmony prevailed. But, occasionally, differences of opinion led to intemperate altercation. Thus, a war of words grew out of the application of the King's troops, for supplies and accommodations greater than the house was disposed to grant.


The statesmen of New Jersey did not take the high ground of Massachusetts ; upon this subject they were reluctant to expend


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any thing more than the strictest construction the act of parliament required. A lengthened discussion was finally termi- nated by mutual concession. But, another dispute soon after arose, on the application of the assembly, for the removal of the treasurer of the eastern division of the province. With singular policy a treasurer was retained and located in each of the ancient divisions of the colony.


Mr. Stephen Skinner was treasurer of East Jersey, and resided at Perth Amboy. On the night of the 21st of July, 1768, his house was broken open, and the iron chest in which he kept the provincial funds, was robbed of sixty-six hundred pounds, chiefly in bills of credit.


This robbery was supposed by some to have been caused by carelessness on the part of the treasurer, and the assembly called on the governor to remove him, which he refused to do, alleging a royal instruction, forbidding him to displace any officer or minister in the province, without sufficient cause, to be signified to the King ; an instruction, he said, wisely calculated to guard against that arbitrary, despotic temper, which sometimes actuated governors, as well as that levelling, democratic disposition, which too often prevails in popular assemblies.


The subject caused an angry discussion between the governor and assembly, for nearly two years longer ; in which the former was encouraged, by the discovery of a gang of counterfeiters and forgers, one of whom it was probable, from the evidence of his accomplices, had perpetrated the robbery of the treasury.


Governor Franklin seems to have been truly solicitous to pro- mote the welfare of the colony, by increasing the agricultural and commercial products. At his instance, which in the present season . of political quiet, he earnestly renewed, the assembly established bounties for the growth of hemp, flax and silk. Con- siderable efforts were made to diffuse the culture of the mulberry tree, and had not this simple branch of industry been prostrated by the war, silk would soon have become a staple commodity of the country. At the suggestion of the governor, also, means were taken by the assembly, to obtain a full census, and statisti- cal account of the province ; but these were rendered ineffective by the scenes of political disquiet which soon after arose.


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Previous to the year 1772, the house of representatives con- sisted of twenty members. The cities of Perth Amboy and Burlington, and the counties of Middlesex, Essex, Somerset, Bergen, Gloucester and Cape May, each sent two representatives, while Salem and Cumberland jointly, sent only two, and Hunter- don, Morris and Sussex, jointly, sent the same number. But in that year, an act of assembly, for increasing the number of representatives, had been approved by the King, and seems to have been a cause of congratulation between the governor and assembly. By this act, each county was entitled to two representatives, and the whole number was increased to thirty. This representation appears to have been based upon territorial divisions merely, without regard to the essential principle of population, and was continued, upon an erroneous basis, which was not fully corrected, until the adoption of the present con- stitution in 1844, which specifies, that the senate shall be com- posed of one member from each county, and the general assembly shall be apportioned among the different counties, as nearly as may be according to the number of their inhabitants, to be regulated according to the United States census every ten years, but that each county shall always be entitled to one member, and the whole number in the house shall never exceed sixty.


Governor Franklin on the part of the province, contrary to the policy which it had hitherto pursued, attended two con- . ferences with the northern Indians.


The first was in 1769, at Fort Stanwix, at which he was accompanied by the chief justice ; * and where the Six Nations having agreed upon a general boundary line between them and the northern colonies, (the object of the meeting) publicly acknowledged the repeated instances of the justice of the province, in bringing murderers to condign punishment ; and de- clared that they had no claim, whatever, upon the province, and in the most solemn manner conferred upon the government of New Jersey, the distinguishing name of Sugorighwiyogstha, or the great arbiter, or doer of justice.


It is not our purpose to detail all the remote causes and


* Frederick Smyth.


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immediate motives that led to the revolution, which culminated in the dissolution of the connection between Great Britain and her North American colonies ; but to keep up such a connected narrative of circumstances pertaining to that great event, as will enable us to exhibit the part New Jersey bore in the contest.


The honor of originating the legislative committees of corres- pondence in the several colonies, which afterwards became so essentially useful, is claimed, by Mr. Jefferson, for Virginia.


The general state of quiet which had been induced by the pru- dence of the European and American parties, the one forbearing to ship, and the other to purchase teas, was, after three years' continuance, terminated by the unpolitic avarice of the British ministry. The East India Company became pecuniarily em- barrassed in consequence of the American quarrel. They pro- posed to the government the abolishment of the duty on teas imported into the colonies, which was rejected by the adminis- tration.


The export of tea to America, under these circumstances, was, in itself, sufficient to arouse opposition.


But the occasion was eagerly seized by those whose interests would be promoted by popular resistance.


The cry of endangered liberty was again heard from New Hampshire to Georgia. Town meetings were held in the capi- tols of the different provinces, and combinations formed to obstruct the sale of the fatal weed.


The most determined spirit of resistance displayed itself in New Jersey, upon the first favorable opportunity. On the 8th of February, 1774, the assembly on the proposition of Virginia, appointed from its members, a standing committee of correspon- dence, consisting of James Kinsey, Stephen Crane, Hendrick Fisher, Samuel Tucker, John Wetherill, Robert Friend Price, John Hinchman, John Mehelm and Edward Taylor, whom they in- structed to obtain the most early and authentic intelligence of all the acts and resolutions of the parliament of Great Britain, or to the proceedings of the administration, which might effect the liberties and privileges of His Majesty's subjects, in the British colonies of America ; to maintain a correspondence with the sister colo- nies, respecting these important considerations, and to inform


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the speakers of the several continental assemblies of this reso- lution, that they would submit them to their several houses. They returned thanks, also, to the Burgesses of Virginia, for their early attention to the liberties of America. Thus, while Virginia was the first to move in a determined manner against the unjust acts of the mother country, towards her children -on this continent, New Jersey was the first to second their action.


These two colonies were the first that struck for liberty.


Upon the approach of ships loaded with tea, and destined for Philadelphia, the Delaware pilots were warned not to conduct them into harbor ; and their captains apprized of the temper of the people, deeming it unsafe to land their cargoes, consented to return without making an entry at the custom house ; the owners of goods on board, cheerfully submitting to the inconvenience of having their merchandize sent back to Great Britain. The cap- tains of vessels destined to New York, wisely adopted the same resolution. The tea sent to Charleston, was loaded and stored, but was not offered for sale ; and being placed in damp cellers, became rotten, and was entirely lost. The ships for Boston en- tered that port, but before the tea could be landed, a number of colonists, amounting to about fifty, disguised as Mohawk Indians, boarded the vessels, and while the dense crowd silently watched the proceedings, they drew up from the holds of the vessels three hundred and forty-two chests of tea, deliberately broke them open, and emptied their contents into the water. This occupied between three and four hours. No damage was done to anything else, and when the tea had been destroyed, the crowd dispersed, without further noise or trouble, to their homes .*


All this occurred on the night of the 16th of December. Pre- vious to the destruction of the tea, a meeting had been held in the old South Meeting house. The owner of the ships was sent for, and requested to obtain from the collector of the port, the necessary clearance for their departure, but he refused to com- ply. These three ships were moored near each other at Griffin's wharf.


* See Bancroft, Vol. VI. pp 465-489.


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Josiah Quincy harangued the crowded and excited assembly, with great solemnity of manner, and in his peculiar fervid style of eloquence said : " It is not the spirit that vapors within these walls that must stand us instead. The exertions of this day will. call forth events which will make a very different spirit necessary for our salvation. Look to the end. Whoever supposes that shouts and hosannas will terminate the trials of this day, enter- tains a childish fancy."


" We must be grossly ignorant of the importance and value of the prize for which we contend ; we must be equally ignorant of the power of those who have combined against us; we must be blind to that malice, inveteracy and insatiable revenge which actuates our enemies, public and private, abroad and [in our bosoms, to hope that we shall end this controversy without the sharpest-the sharpest conflicts; to flatter ourselves, that popular resolves, popular harangues, popular acclamations and popular vapor will vanquish our foes. Let us consider the issue. Let us look to the end. Let us weigh and consider before we advance to those measures which must bring on the most trying and terri- ble struggle this country ever saw.">


This appeal at once aroused the assembled multitude, and the question was put, " Will you abide by the former resolutions with respect to not suffering the tea to be landed ?" The reply was a unanimous shout, and the excitement was terrible. It was now growing dark, but still the multitude refused to disperse but called for candles. At this stage of the proceedings, a man disguised as a Mohawk Indian, seated in the gallery, raised the war-whoop, which was instanly responded to in the street. The sound was at once taken up, and another voice suddenly shouted, " Boston harbor, a tea-pot to night! Hurrah for Griffin's wharf!" At which the meeting adjourned at once, and the people hurried down to the harbor, to witness the result.


It was a fine still evening, and about six o'clock. It was then that the boarding the vessels above described, commenced.


The military and naval force offered no resistance. Admiral Montague, was at this time, at the house of a friend, and as the


*" Memoir of the life of Josiah Quincy, Jr.," pp 266-267.


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party marched from the wharf, he raised the window and said, ' Well boys, you've had a fine night for your Indian caper, haven't you? But mind, you've got to pay the fiddler yet." Pitt, one of the leaders, shouted, " O, never mind, squire, just come out here, if you please, and we'll settle the bill in two minutes !" The admiral wisely shut down the window, and the crowd went on its way, without further demonstration of popular feeling.


In April of the next year, a vessel having on board eighteen chests of tea, arrived at Sandy Hook. The pilots, under instruc- tions from a "Vigilance Committee," refused to bring the ship up to New York until they were assured there was no tea on board, and when it was discovered there was tea on the ship, they were thrown into the river ; the captain was cooly put on board of his ship, the anchors were weighed, and he was sent to find his way back to England.


Such was the unanimity of sentiment among the people of the colonies, and so systematic their opposition, that not a single chest of the cargoes, sent out by the East India company, was sold for their benefit.


By one act of parliament, the port of Boston was closed, and the custom house transferred to Salem, until compensation should be made to the East India Company, and the king satisfied of the restoration of peace and good order in Boston. By another act, the charter of Massachusetts was subverted, the nomination of counsellors, magistrates and other officers, being vested in the crown, during the royal pleasure. By a third, persons indicted in that province, for any capital offence, if an allegation was made on oath to the governor, that such offence had been com- mitted, in aid of the magistracy in the suppression of riots, and that a fair trial could not be had in the province, might be sent to any other colony or to Great Britain, for trial. A bill was also passed for quartering soldiers upon the inhabitants. . But these penal bills were not wholly unopposed in either house of parliament ; in the house of lords, the minority entered their protest against each.


By a resolution of the assembly of Virginia, the first of June, the day the Boston port bill was to take effect, was adopted as a


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day of fasting, humiliation and prayer, throughout the continent, to implore the divine interposition of providence to avert the heavy calamity which threatened destruction to their civil rights, and the evils of civil war, and to give one heart and one mind to the people, firmly to oppose every invasion of their liberties.


Early in the month of July, the inhabitants of the several coun- ties of New Jersey, assembled at their respective county towns, and adopted resolutions strongly disapproving the course of the ministry, and of the late acts of parliament, in closing the port of Boston, invading the charter rights of the province of Massachusetts, subjecting supposed offenders to trial in other colonies and in Great Britain, and sending an armed force to carry these injurious measures into effect. They nominated dep- uties to meet in convention, for the purpose of electing delegates to the general congress, about to convene at Philadelphia. The convention, consisting of seventy-two members, selected from the most intelligent and respectable citizens of the colony, among whom were many members of the assembly, met at New Bruns- wick on the 21st of July, 1774. Stephen Crane was chosen chair- man and Jonathan D. Sergeant, clerk: James Kinsey, William Livingston, John DeHart, Stephen Crane, and Richard Smith were chosen to represent them in the congress ; and William Peartree Smith, John Chetwood, Isaac Ogden, Joseph Borden, Robert Field, Isaac Pearson, Isaac Smith, Samuel Tucker, Abra- ham Hunt and Hendrick Fisher were appointed as a standing committee of correspondence .*


The delegates from eleven provinces assembled in Carpenter's Hall, Philadelphia, on the 4th of September ; those from North Carolina did not arrive until the fourteenth.


Congress approved and endorsed everything that had been done by the colonies, and adopted resolutions prohibiting the importation, purchase, or use of goods from Great Britain or Ireland, or their dependencies, after the first day of the succeed-


*Kinsey left congress in 1775, refusing to take the republican oath of allegi- ence, and on the 22d day of November, his resignation, as well as that of Mr. DeHart, was accepted by the assembly; the three remaining ones continued to act and to represent the colony in congress,


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December ; and directed that all exports to Great Britain and the West Indies, should cease on the Ioth of September, 1775, unless American grievances should be sooner redressed. An association, embodying these resolutions was then formed, and they were signed by every member present, and as Mr. Marshall says : "Never were laws more faithfully observed, than were the resolves of Congress, at this period, and their association was, of consequence, universally adopted."




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