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 35
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This body also, resolved to dissolve itself, and directed an election to be held on the fourth Monday of May, following, and thence annually, for the members of the provincial congress ; and they extended the right to vote for delegates, to all persons who had signed the general association, and who had been residents of the colony one year previous to the election ; were of full age and worth fifty pounds in personal estate.
Governor Franklin convened the legislature on the 16th of November, 1775. In his address, he set forth where he thought the colonists had made their mistake in taking up arms against the mother country. He said : "I have indeed, the stronger inducement to run this risk and to use my influence with the other crown officers to do the same, because our retreat would necessarily be attributed to either the effect or well grounded ap- prehension of violence, and of course, subject the colony to be more immediately considered as in actual rebellion, and be pro- ductive of mischiefs, which it is my earnest inclination and de- termination to prevent as far as may be in my power. Let me therefore, gentlemen, entreat you to exert your influence likewise, with the people, that they may not by any action of theirs, give cause for bringing such calamities on the province. No advan- tage can possibly result from the seizing, confinement or ill treat- ment of officers, adequate to the certain damage, such acts of violence must occasion the province to suffer."
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The governor seemed to fear his own personal safety, and there- fore made that subject the prominent feature of his address, as well as to obtain a disavowal from them, of any desire for inde- pendence. And the house at this time, concurred in his views, and disavowed all sentiments for independence, or any act that would have a tendency to encourage such a measure.
The dread of independence seems at this time, to have occu- pied the minds of others besides the governor, and several peti- tions were presented from the freeholders of Burlington, praying the house, by resolutions, to discourage an independency on Great Britain. The house disclaimed any such idea, and re- commended the delegates of the colony to use their utmost en- deavors to obtain a redress of grievances, and for the restoration of the union between the colonies and Great Britain, upon con- stitutional principles, and not to give their assent, but to reject any propositions that should be made to separate this colony from the mother country or change the form of government.
The governor communicated to the legislature the royal assent to the act, for issuing a loan on bills of credit to the amount of one hundred thousand pounds. This the assembly had labored hard for more than twelve years to obtain, but had always before met with opposition from the crown, and now the name of the king was no longer potent to open the purses of the people, they therefore, declared it inexpedient at this time, to go into any increase of salaries of the officers of government, or expedient to erect buildings at present, for the better accommodation of the members of the legislature.
The governor, on the 6th of December, 1775, finding himself unable to carry his point, prorogued the house until the 3d of January, 1776, but it never re-assembled, and thus terminated the provincial legislature of New Jersey.
For more than a year, the whole country had been, not only in open rebellion against the king, but its inhabitants had made war against those who had preserved their loyalty.
In the first half of the year 1775, among the great mass of the people, these sentiments were real. But the more daring and ambitious, had not only foreseen that the continuance of political connection with the mother country was not much longer pos-
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sible, but had successfully sought to inspire the people with the desire of independence. And every reflecting man believed that the severance of the ties that had formerly bound them, was now inevitable, though many, from various causes, were disposed to postpone the event.
William Livingston, afterwards governor of New Jersey, in 1768, wrote in the American Whig, of New York, of which he was the editor : " The day dawns in which the foundation of this mighty empire is to be laid, by the establishment of a regular American constitution. All that has hitherto been done seems to be little besides the collection of materials for the construction of this glorious fabric. 'Tis time to put them together. The transfer of the European part of the great family is so swift and our growth so vast, that before seven years roll over our heads, the first stone must be laid. Peace or war, famine or plenty, poverty or affluence, in a word, no circumstances, whether prosperous or adverse, can happen to our parent ; nay, no conduct of hers, whether wise or imprudent, no possible temper on her part, will put a stop to this building. . What an era is this to America ! And how loud the call to vigilance and activity ! As we conduct, so will it fare with us and our children."
Thomas Paine, of Bordentown, in his pamphlet styled " Com- mon Sense," boldly pronounced a continued connection with England unsafe and impracticable, and ridiculed her constitu- . tion, which had hitherto been deemed a masterpiece.
This pamphlet was read everywhere, and made friends to the cause of independence, and the general belief now was, that a reconciliation was impossible, and that the colonies must strike for freedom ; that mutual confidence could never again be re- stored ; that jealousy, suspicion and hate, would take the place of that affection which would be necessary to a beneficial con- nection ; that the commercial dependence of America upon Great Britain, was injurious to the former, and beneficial to the latter ; and that incalculable benefit would be derived to the colonies from a full liberty to manufacture her raw material and to export her products to the markets of the world ; that further dependence upon a nation or sovereign, distant three thousand miles, ignorant and regardless of their interests, was intolerable
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in the present rapidly increasing strength and power of the colo- nies ; that the hazard in prolonging the contest was as great as in the declaration of independence. The people were at once aroused, upon finding that they were declared to be in a state of rebellion ; that foreign mercenaries had been employed against them ; that the tomahawk and scalping knife were engaged in the British service, and that the slaves were to be seduced and armed against their masters.
Congress, during the contest, was governed altogether by the wishes of the people. On the 15th of May, 1776, they declared that his Britanic Majesty, with the lords and commons, had, by act of parliament, excluded the united colonies from the protec- tion of the crown ; that, not only had their humble petition for redress and reconciliation been received with disdain, but the whole force of the kingdom, aided by foreign mercenaries, was about to be exerted for their destruction ; that, therefore, it was irreconcilable with reason and good conscience for the colonists to take the oaths for supporting any government under the crown of Great Britain ; and it was necessary that the exercise of every kind of authority under the crown should be suppressed, and . that all the powers of the government should be exercised by the people of the colonies for the preservation of internal peace, vir- tue and good order, and the defence of their lives, liberties and . properties, against the hostile invasions and cruel depredations of their enemies. At the same time they resolved, "That it be recommended to the respective assemblies and conventions of the united colonies, where no government sufficient to the exig- encies of their affairs has been hitherto established, to adopt such government as shall, in the opinions of the representatives of the people, best conduce to the happiness and safety of their constit- uents in particular, and America in general."
This was virtually a declaration of independence.
It was renouncing allegiance to the British crown, and estab- lishing a government by the authority of the people, all hope of reconciliation having been abandoned, as well as all desire of re- union with the parent state.
Old parties forgot their animosities and united to oppose a common oppression. The Quakers, opposed to every form of
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war, and strongly attached to the parent state and to their church, and family connections therein, shrunk with deep sensibility from the unnatural contest, and with horror from permanent separation and independence. While the royal officers and their depend- ents and connections, (a large portion of whom were wealthy and distinguished in the province, ) beheld in a change of government, the loss of official emoluments and influence.
While these parties opposed the separation, the great body of the people were opposed to oppression, and saw in independence successfully maintained, bright visions of glory and wealth, and hailed with rapture, the recommendation of congress, were anx- ious to take the first irrevocable step towards political emancipa- tion.
The provincial congress of New Jersey, elected on the fourth Monday of May, in accordance with the act of the preceding congress, met at Burlington on the roth of June, 1776, and was organized by choosing Samuel Tucker, Esq., president, and William Patterson, Esq., secretary.
Before the 21st of the month, numerous petitions were received from East Jersey for and against the formation of a new govern- ment ; at which time the convention resolved, that a government be formed for regulating the internal police of the colony, in ac- cordance with the recommendations of the continental congress of the 15th of May. This recommendation was adopted by a vote of fifty-four against three.
Messrs. Richard Green, of Hunterdon ; John Cooper, of Gloucester ; Jonathan D. Sergeant, of Somerset ; Lewis Ogden, of Essex ; Jonathan Elmer, of Cumberland ; Elijah Hughes, of Cape May ; John Covenhoven, of Monmouth ; John Cleves Symes, of Burlington ; Silas Condict, of Morris, and Samuel Dick, of Salem, were appointed a committee to prepare a con- stitution on the 24th of June, and on the 26th, two days after their appointment, they reported a draft of the same, which was confirmed on the 2d of July, and continued as the fundamental law of the state until the adoption of the new one on the 29th of June, 1844.
Congress, impelled by the tide of public opinion, had gone far beyond their resolutions of the 15th of May, and had actually
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resolved on declaring the colonies independent states, thereby severing forever all political ties which had connected them with Great Britain. The convention of New Jersey even yet had not abandoned all hope of a reconciliation, and therefore, they made a provision in the last clause of their constitution, that if reconciliation between her and the colonies should take place, and the latter be again taken under the protection and government of the crown, the constitution should be null and void. This door of retreat was kept open by the fears of the president of the convention,* who, in a few months after, claimed the clemency of the enemy with whom this clause gave him an interest. Other clauses of the constitution show also, that it was made for the colony. The laws were to be enacted, and all commissions, writs, and indictments, were to be in the name of the colony. But on the 18th of July, 1776, the provincial con- gress assumed the title of the "Convention of New Jersey." And after the declaration of independence, the commissions and writs were made in the name of the state ; the indictments con- cluded " against the peace of the state," and an act of assembly of September 20th, 1777, substituted the word state, in all such cases, for the word colony.
There was a difference of views between the continental con- gress and the New Jersey convention, which was condemned by some of the latter, who even went so far as to move to defer the printing of the constitution for a few days, that the last clause might be considered by a full house. It was negatived when not more than half the members were present. Notwithstanding this, New Jersey was not backward in engaging in the contest. She had kept pace with the foremost, and her spirited conduct was the more meritorious because it had less of the excitement of immediate interest, inasmuch as she had felt no burden, and was not irritated by the vexations of commercial restrictions. She had no ships, no foreign commerce. She instructed her dele- gates in congress, to join in declaring the united colonies inde- pendent of Great Britian.
The constitution above named was formed in great haste, less
* Samuel Tucker.
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than two days being consumed in framing the draft, and less than six days in adopting it, and the people never having a voice in the matter at all, as the whole thing was devised by the dele- gates and by them adopted ; notwithstanding all this, it re- mained the fundamental law of the state for sixty-eight years. In the old constitution, the office of the governor could be vested in one individual for life or made hereditary ; the judges may be appointed for months, for years, or for life-their number in- creased or diminished-and their compensation varied, and the courts continued or abolished, at the will of the assembly ; in a word, all the other branches were dependent on and at the mercy of the legislative branch of the government.
Under the old constitution, the legislative branch of the state was vested in a council and assembly ; under the new, in a senate and general assembly.
The minimum number of the assembly was fixed at thirty-nine, three members to each county, without regard to territorial ex- tent and population ; in the new constitution, they are ap- portioned among the several counties as nearly as may be, ac- cording to the number of the inhabitants, the whole number of which shall never exceed sixty. In the old constitution, no re- gard was paid to territorial extent and population. But the leg- islature was empowered to diminish the number or proportion of the representatives in the assembly for any county.
The qualification for a member of council was, that he should be worth one thousand pounds proclamation money, and for as- sembly, five hundred pounds. Neither mature age, citizenship, nor oath of allegiance, were required in the old constitution. In the new all property qualification is abolished. Under the present constitution, members of the senate are required to be not less than thirty years of age, and a citizen and inhabitant of the state for four years, and of the county, one year before his election ; and for assembly, he must have attained twenty-one years of age, and been an inhabitant and citizen of the state two years, and of the county, one year ; and no person can be elected to either house, who is not entitled to the right of suffrage.
All electors were required to be of full age, worth fifty pounds,
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clear estate, and a resident of the county twelve months previous to the election, under the old constitution. This qualification was found to be too broad, as it admitted all inhabitants of the proper age and estate, whether they were bond or free, white or black, native or foreign, male or female.
Under the new constitution, this was remedied, as it provided that none should be electors except white male citizens of the United States, of the age of twenty-one years, residents of the state one year, and of the county five months ; and by an act of congress in 1869, the right of suffrage was extended to include negroes.
Under the old constitution, the council and general assembly in joint meeting assembled, elected the governor annually ; the judges of the supreme court and inferior courts, justices of the peace, clerks of courts, the attorney general, secretary of state, state treasurer, and all general and field officers of the militia. Under the new constitution, the governor is elected by the people for three years; the judges of the supreme court and chancellor are nominated by the governor, and confirmed by the senate, and hold their offices for seven years; the justices of the peace are elected by the people in their several districts, and hold their offices for five years ; the attorney general, prosecu- tors of the pleas, clerk of the supreme court, clerk of the court of chancery and secretary of state, are nominated by the governor and appointed by him with the consent of the senate, and hold their office for five years. The state treasurer is appointed annually by both houses in joint meeting.
The clerks and surrogates of counties, are elected by the people every five years.
Sheriffs are elected annually by the people, and cannot be re- elected for a longer term than three years, respectively.
Captains, subalterns, and non-commissioned officers are elected by the members of their respective companies. Field officers of regiments, independent battalions and squadrons, are elected by the commissioned officers of their respective regiments, battalions or squadrons. Brigadier generals are elected by the field officers of their respective brigades. Major Generals are nominated by
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the governor, and appointed by him, with the advise and con- sent of the senate.
Brigade inspectors are chosen by the field officers of their re- spective brigades. The adjutant general, quartermaster general and all other militia officers not provided for in the constitution, are appointed by the governor.
Major generals, brigadier generals and commanding officers of regiments, independent battalions, and squadrons, appoints their own staff officers of divisions, brigades, regiments, independent battalions and squadrons, respectively.
The old constitution of New Jersey vested in the legisla- ture to an alarming degree, all the powers of government. The incumbents of chief executive offices, including the judiciary were not only dependent upon the legislature for their com- missions, but for the amount of their salaries, which they could enlarge or diminish at their pleasure. Those, therefor, who held position moved by ambition or avarice, whether governor, judges, secretary, treasurer, clerks, or chief officers of the army, were creatures of the assembly, and not of the people, and from it they received life and their daily sustenance.
By the old constitution, the governor was the supreme execu- tive power ; was captain-general of all the militia and other military force ; was chancellor, ordinary and surrogate general, hence, none but a man well versed in the law, was competent to occupy the post ; he was also president of council, and judge of the court of appeals in the last resort, and in council had the casting vote in their proceedings in case the house was evenly divided,
Under the old constitution, seven members constituted a quorum in either house, under the new, it requires a majority of the members of either house to constitute a quorum, and a majority of all the members are necessary to pass a bill, and it does not then become a law until approved by the governor.
Under the new constitution, the executive formed a part of the court, and the court consisting of members annually chosen, and perhaps as often changed, and whose education as well as pursuits did not always qualify them to determine legal questions,
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yet these same gentlemen sat to revise, and perhaps to reverse decisions given by the best legal authority of the land .*
While the old constitution guaranteed to all, the right to worship God, according to the dictates of their conscience, and that they should not be compelled to attend any place of worship that did not accord with their own faith and judgment, and that they should not be compelled to pay tithes, taxes or any other rates for the purpose of building or repairing any church, or place of worship, or to maintain any minister or ministry, contrary to what they believed to be right, or had voluntarily engaged them- selves to perform. No establishment of any one religious sect, in preference to another, was allowed ; no protestant inhabitant was to be denied the enjoyment of any civil right, merely on account of his religious principles ; but all persons professing a belief in the faith of any protestant sect, whose conduct under the government was peaceable, was capable of being elected to any office of profit or trust.
This last clause was much less liberal than were the concessions of the proprietors ; it was modelled on the laws of England, and excluded Catholics from office. While this intolerance had ceased in England, it was here continued under the constitution, and the Catholic christian, with all others who did not profess a belief in the faith of a protestant sect, were excluded from full participation in civil rights. This remained a foul blot on the country, until the adoption of the new constitution in 1844, which not only set forth in its broadest sense, the liberty of conscience, and the right of all to worship God, according to the dictates of their own consciences, but it also enacted-" That there shall be no establishment of one religious sect, in prefer- ence to another ; no religious test shall be required, as a qualifi- cation for any office or public trust ; and no person shall be
* Members of the bar were frequently elected to council, to whom the fore- going remarks were not applicable. The business of this court might render it necessary that the councillors should all be lawyers, as it was required the governor should be, no one else being competent to perform the duties of the office.
2 D
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denied the enjoyment of any civil right, merely on account of his religious principles.
The first council and assembly, under the constitution adopted in 1776, met at Princeton.
The revolutionary period has been truly termed, " the time that tried men's souls." The breaking of the ties that had kept them as a nation more than a century were hard to sunder, but they were forced to do it, in consequence of the oppression of the mother country. The declaration of independence had broken the unanimity that had previously existed against resistance to the unjust measures of the parent state. A large majority of the people had adhered to their professions of loyalty to Great Britain, with a religious tenacity, concientiously believing that their political happiness and salvation existed only in the British empire. Besides many were bound by the tenderest ties of blood and affinity. They had emigrated from there to the foreign wilds of the western continent, had left behind them their kindred and friends, to seek an asylum in a country where they could enjoy undisturbed all the privileges of religious, as well as political freedom.
Opposed to American independence, there was also men of desperate character, who confiding in the strength and success of Great Britain, availed themselves of their protection to prey upon the country, and while pretending loyalty to the mother country, and their desire to punish treason against it, used this method to gratify their own evil passions, and to revenge themselves upon those who opposed them. Bands of these marauders infested the forests and shores of the eastern part of the state, particularly in the county of Monmouth, and the mountains of Morris and Sussex counties. New York, one of the largest, richest and most power- ful of the royal colonies, was the most divided upon the question of independence. The tories were there protected by the English forces.
They were numerous, wealthy and active, and had many friends and dependents in East Jersey, over whom they exercised a dangerous influence. New Jersey being a frontier state, was ex- posed to all the dangers and miseries of border warfare. At one time the enemy lay upon the northern and southern boundaries,
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and her losses in proportion to her wealth and population were probably greater than those of any other state, except South Carolina.
Upon the arrival of the British army in 1776, the disaffected in New York and New Jersey were collected into a body, under officers selected from among themselves.
Mr. Courtlandt Skinner, late attorney general of this state, his brother, the late treasurer, together with every member of the family, adhered to the enemy. Courtlandt, was, also, appointed a brigadier, and directed to raise two thousand five hundred men, but he was unable to raise more than five hundred.
On the 18th of July, an ordinance was adopted removing the pains and penalties of treason from all who should take up arms in defence of the colonies against the mother country.
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