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. II, Part 14

Author: Raum, John O., 1824-1893
Publication date: 1877
Publisher: Philadelphia : J.E. Potter and Co.
Number of Pages: 1004


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. II > Part 14


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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 | Part 39 | Part 40 | Part 41 | Part 42


The first brigadiers of militia were Philemon Dickinson, Isaac


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Williamson, and William Livingston. General Williamson re- signed February 6th, 1777. Mr. Livingston's commission was vacated by his election as Governor. On the close 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 hundred volunteers, engaged to serve until December, which had been offered to Joseph Reed, who about this time entered the Conti- nental service. The Colonels were Philip Van Cortland, Ephraim Martin, Stephen Hunt, Silas Newcomb; Lieutenant- Colonels, David Brearley, David Forman, John Munson, Philip Johnson, and Bowes Reed ; Brigade-Major, Robert Hoopes. On the 18th of July Congress having authorized the Commander- in-Chief to call to his assistance two thousand men from the flying camp, the Convention of New Jersey supplied their place by a like number of militia. As the success of the enemy in- creased, and the danger of the State became imminent, still more strenuous measures were adopted. On the 11th of August, 1776, the Convention, by ordinance, divided the militia into two classes, ordering 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, necessa- rily, of short duration.


On the 15th of February, 1777, General Dickinson proposing to remove from the State, tendered to the Assembly his commis- sion of brigadier, which was accepted, with a vote of thanks for his spirited and prudent conduct while in office. Joseph Ellis was named his successor, but declined the commission. On the 2Ist of February, David Potter and John Neilson ; on the 4th of March, Colonel William Winds; on the 5th, David Forman ; and on the 15th, Silas Newcomb, were named brigadiers. Mr. Potter declined to serve, General Forman resigned on the 6th of November, and General Newcomb on the 4th of the follow- ing month. On the 6th of June, Mr. Dickinson having aban- doned his intention of leaving the State, was appointed Major- General; he held this post during the war, was frequently, 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.


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To the Continental army New Jersey supplied two highly dis- tinguished general officers, and a brigade certainly inferior to none in the service. Lord Stirling, remarkable for his zeal and energy as a patriot, 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, while General 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 surprised. In March follow- ing he became Brigadier, and in February, 1777, Major-General in the Continental army. He died at Albany, January 15th, 1783, while 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 honorable testimony .*


* William Alexander, Earl of Stirling, was the only son of James Alexan- der, 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 1755 he was appointed one of the army contractors by General Shirley; and subsequently private secretary to that commander. Being skilled in theoretic and practical mathematics, he was made Sur- veyor-General of East Jersey. In September, 1756, he accompanied Shir- ley 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 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 established. 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 earnest desire to develope the resources of the Colony. He made a map of the Province, and en-


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In February, 1776, the third battalion was raised in New Jersey, and placed under command of Colonel William Maxwell, and marched for Canada. Under the resolutions of Congress authorizing the raising of eighty-eight battalions for the war, four were allowed to this State. In fitting them out 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 Nathaniel Heard. Pursuant to the recommendation of Congress of October 8th, 1779, the Assembly appointed a committee consisting of The- ophilus Elmer and Abraham Clark, to nominate the officers for the battalions, 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 William De Hart, Richard Howell, Joseph Bloomfield, and Ebenezer Howell. The company officers were appointed at the same time. Several changes in the field-officers almost immediately took place.


The brigade was commanded by Brigadier-General Maxwell, and was employed at times in every part of the Continent, wherever hard service was required ; in the North, South, Centre, . and West .* Besides the distinguished military officers 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 President of Congress in 1783. In the civil department she gave to the United States a Judge of Admiralty, in Francis Hopkinson, and to Pennsylvania, an Attorney-General in Jonathan D. Sergeant.


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 Among other measures, and


deavored to foster its manufactures. In the year 1773 he exerted himself to discover the agents in the robbery of the treasurer, Stephen Skinner .- Sedg- wick's Life of Livingston.


* General Maxwell resigned July 20th, 1780.


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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 Rivington, in New York. This matter was proposed to the Assembly October 11th, 1777, and was undertaken by Mr. Isaac Collins, of Burlington, who had been public 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 27th of November, 1786, when other presses having been established, it was discon- tinued for want of patronage. It rendered essential service to the patriot cause, and was the vehicle for the lucubrations of . Governor Livingston and other writers who animated and directed the efforts of their countrymen.


The New Jersey Gazette was the first newspaper published in the Colony. It was a weekly paper, nine by fourteen inches in size, the subscription price being twenty-six shillings, or five dollars and twenty cents per annum, or ten cents per week. · Advertisements were inserted at seven shillings and sixpence for the first week, and two shillings and sixpence for every additional week, and long ones in proportion. The first paper was issued from the office in Burlington, Friday, December 5th, 1777, and on the 4th of March, 1778, the publication office was removed to Trenton, on the southeast corner of State and Greene streets (now occupied by the True American), where its publication was con- tinued until the paper was discontinued, as above stated.


On the 16th of June, 1776, petitions were received by the Provincial Congress from the inhabitants of different parts of the Province, praying that a new mode of government might be established, and on the 21st a resolution was adopted "that a government be formed for regulating the internal police of this Colony, pursuant to the recommendations of the Continental Congress of May last." This resolution was passed by a vote of fifty-four to three. On the 22d the Congress proceeded to elect


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delegates to represent the Colony in the Continental Congress ; these were chosen for one year, or until others should be ap- pointed. Richard Stockton, Abraham Clark, John Hart, Fran- cis Hopkinson, and Dr. John Witherspoon were chosen. These delegates were empowered and directed to join with the delegates of the other Colonies in the most vigorous measures for sup- porting the just rights and liberties of America, and also, if they should think it necessary and expedient, to join in declaring the United Colonies independent of Great Britain ; to enter into a confederacy for union and common defence, and make treaties with foreign nations ; and to take such other measures as might seem necessary for these great ends ; and they were promised that they should be supported with the whole force of the Province. But they were instructed that whatever confederacy they should enter into, the regulation of the internal police of the Province was to be reserved to the Provincial Legislature. On the same day the subject of the formation of a new government was again taken up, and a committee appointed, consisting of Rev. Jacob Green, of Morris ; Messrs. John Cooper, Gloucester ; Jonathan Dickinson Sergeant, Somerset ; Lewis Ogden, Essex ; Jonathan Elmer, Cumberland ; Elias Hughes, Cape May ; John Covenho- ven, Monmouth ; John Cleves Symmes, Sussex : Silas Condict, Morris, and Samuel Dick, Salem.


" Rev. Jacob Green, a Presbyterian clergyman, and a delegate from the County of Morris, was appointed chairman. Two days after their appointment, on the 24th of June, the committee made their report. Although it is not known to a certainty who was the author of the draft, it has always been understood that the Rev. Dr. John Witherspoon, President of Princeton College, took an active part in preparing it. He was a delegate to the Provincial Congress ; but having been appointed by that body a delegate to the Continental Congress, his name does not appear on the committee, nor did he afterwards vote on the question of adopting the Constitution. Two eminent lawyers, Jonathan Dickinson Sergeant and John Cleves Symmes,* were on the


* Symmes was appointed one of the justices of the Supreme Court in Feb- ruary, 1777. Although a delegate to the Continental Congress in 1784 and 1785, he still retained his position in the Supreme Court. In 1788 he was


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committee ; but the instrument bears quite as prominent marks of a clerical as of legal origin. :


The draft, as reported, was referred to a Committee of the Whole, and considered during the ensuing three days, but does not appear to have been printed. On Saturday, the 28th, it was resolved that Congress would receive the report of the Com- mittee of the Whole on the next Tuesday, at which time every member was enjoined to be punctual in attendance. On Tues- day, July 2d, Congress resumed the consideration of the report of the Committee of the Whole, which (as the minutes state), after sundry amendments, was agreed to. Then "on the ques- tion whether the draft of the Constitution formed on the report of the Committee of the Whole be now confirmed, or be deferred for further consideration?" it was carried to confirm "now." The names of twenty-six members are recorded as voting for "now," and nine " for deferring."


On the next day, the min es state, that "on the question whether the draft of the Constitution be now printed, or the printing be deferred for a few days, in order to consider in a full house the propriety of the last clause containing the proviso respecting reconciliation?" seventeen voted for printing "now," and eight " for deferring ;" less than the regular quorum, but it


chosen by the Continental Congress one of the judges of the Northwestern Territory, and shortly afterwards removed to Ohio. In conjunction with Jonathan Dayton, Elias Boudinot, and several other Jerseymen he purchased of Congress a large tract of land between the Great and Little Miami rivers, containing nearly two hundred and fifty thousand acres, and comprising the present cities of Cincinnati and Dayton. He established his own residence at the North Bend of the Ohio, and laid out a city there, to be called Symmes's City. But in consequence, it is said, of the commander of the United States forces having fallen in love with a lady who resided at the place, shortly after- wards named Cincinnati, and removing the troops there, that place became the great city. The North Bend was afterwards well known as the place of residence of General William H. Harrison, who married a daughter of Symmes. The latter died in 1814, at the age of seventy-two. His son of the same name promulgated the theory that the earth is hollow, and has inhabitants in the interior. He travelled extensively, found professed believers in his doc- trine, and went so far as to have a petition presented to Congress to fit out an expedition to enter the openings at the poles .- Elmer's Reminiscences of New Jersey, page 273.


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had shortly before been resolved that twenty should be a quorum for any business except for the formation of the Constitution. One thousand copies were ordered to be printed and circulated. No attempt was made to submit the adoption of the instrument to a direct vote of the people. Under the circumstances it was probably wise to omit doing so. It undoubtedly met the wishes and received the hearty assent of all the inhabitants in favor of an independent government, and it was not intended to harbor those who did not belong to this party. It was expected to be only temporary, but it continued to be acted under, and to pro- vide the essentials of a good local government for sixty-eight years. It was, indeed, so popular, that it was only after several attempts that its defects could be partially remedied by the sub- stitution of the one now in force .*


Two days after the adoption of the Constitution of New Jersey, Independence was declared at Philadelphia.


Upon the adoption of the Constitution it was resolved, "that this house from henceforth, instead ot the style and title of the Provincial Congress of New Jersey, do adopt and assume the style and title of the Convention of the STATE of New Jersey." Thus the connection with Great Britain was fully and finally severed


The people of our State kept pace with the foremost in the adoption of measures to resist the encroachments of Great Britain. The delegates to Congress chosen on the 22d of June, just before the appointment of the Committee to draft the new Constitution, were instructed to unite with the other colonies in a declaration of independence from Great Britain.


As soon as the constitution was adopted, the Legislature, called at that time the State Convention, proceeded at once to enact laws for the thorough organization of the Government in every county in the State. The time for the State elections was fixed for the second Tuesday in August, and every voter or public officer was required to take an oath or affirmation that he did not hold himself bound to bear allegiance to George III. of Great Britain, but that he would bear true allegiance to the


* Elmer's " Reminiscences of New Jersey," page 28.


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Government established under the authority of the people ; and would not by any means, directly or indirectly, oppose the measures adopted by the State or Continental Congress, against the tyranny attempted to be established over the colonies by the Court of Great Britain. The Council and Assembly, as they were then called, were directed to hold their first session at Princeton.


In the southeastern part of the State of New York, and in the northern part of New Jersey, where the King's government had the most influence, a very considerable portion of the popula- tion adhered to the Crown. The people divided themselves into two parties. Those who espoused the American cause were called "Whigs," while those who adhered to the British Government were named "Tories." The latter were quite numerous in the upper part of the State, and were wealthy and active. They were the friends and relatives of influential fami- lies in England, and exercised a very dangerous influence on the new Government.


: During the period of resistance to British taxation there was great unanimity throughout the Province. All persons united in the defence of personal liberty and opposition to the assump- tions of the Ministry. But after that period had been passed, and the question of independence was submitted and war threatened, dissensions and divisions sprang up in almost every county. The royal officers, their friends and relatives who lived on royal patronage, opposed the overthrow of the royal authority. The Quakers, who were opposed to the war, were also strongly attached to the parent State, and to their churches and family connections in England. They shrank from the idea of a conflict of arms, and labored to maintain their rights by peaceful persuasions. The great body of the people, how- ever, led by bold, daring, liberty-loving spirits, were not only ready for the Declaration of Independence, but were prepared to pledge their lives, their property, and their sacred honor in defence of the new government.


The pul lic policy of the new government toward that part of the population which remained loyal to England was at first lenient. In January, 1776, a resolution was passed by the Pro-


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vincial Congress recommending the several township and county committees and other friends of American liberty to explain to the honest and misguided citizens the true nature of the contro- versy-how the people had struggled to adjust their differences with Great Britain, how their petitions had been rejected, and how a redress of grievances had been refused ; and that only when resistance to a determination on the part of Great Britain to force these obnoxious laws upon the people became necessary, did the leaders of the independence party resolve upon establish- ing an independent government. The committeemen were in- structed, however, to proceed with vigor against any active par- tisans whose conduct injured the peace of the community. These were disarmed and either bound by sufficient sureties to keep the peace, or in default of this, were taken into custody.


On Long Island and in the northeastern parts of New Jersey the enemies of independence were sufficiently strong to organize and boldly declare their determination to aid the British troops in their efforts to subjugate the people. When General Howe entered the Province of New York and Lord Cornwallis came to New Jersey at the head of their respective armies, they were received with open arms by the Tories. These officers issued proclamations offering protection to all who would take the oath of allegiance to Great Britain within sixty days, and assuring the people that the obnoxious laws which had occasioned the war would be revised.


These proclamations and the presence of a large body of British troops almost extinguished the American party in this part of the State. A few companies of militia, commanded by General Wilson, and afterwards by General Dickinson, were almost the only force that opposed the enemy. The majority of the inhabitants were either in full sympathy with the enemy, or had too little interest in the cause of American independence to risk either their lives or their property in its support. When called upon by the earnest patriots to take up arms against the invaders, many of them replied that "General Howe promises peace, liberty, and safety ; more than this we could not desire."


Associations were formed in the counties adjoining New York and within the influence of the British officers, whose members


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pledged themselves not to pay any taxes levied by order of the Provincial Congress, nor to purchase any forfeited goods that should be sold under the authority of the new government. The manifestations of this spirit of disloyalty to the State, and the presence of the British army, made it necessary to adopt more stringent measures to maintain the authority of the government. The county and town committees were instructed to enforce the resolves of the Provincial Congress, and to arrest all who were found in active sympathy with the enemy. These instructions were promptly obeyed by the militia in the several counties, and many of the principal Tories were brought before the Committee of Safety. Many of the prisoners confessed their faults and asked for pardon ; most of these were dismissed unpunished, or upon the payment of a small fine. This course, however, was noi severe enough to suppress the power of the Tories. Armed insurrections broke out in Monmouth County, which were quelled by the militia under authority from the Provincial Congress.


When the State government was organized under the new Constitution, the Legislature enacted laws for the arrest and punishment of all persons who opposed its authority, and declared that any citizen who should by speech, writing, or open deed maintain the authority of the King and Parliament of Great Britain, should be subjected for the first offence to a fine not exceeding £300 and imprisonment not to exceed one year. For the second, to the pillory and the like imprisonment. That reviling or speaking contemptuously of the government of the State, of the Congress of the United States of America, or of the measures adopted by the Congress or by the Legislature of the State, or maliciously doing anything whatever which would en- courage disaffection or tend to raise tumults and disorders, or to alienate the affections of the people from the government, or to terrify or discourage the subjects of the State, should be pun- ished in the same manner.


This act was at the time considered severe, but it was soon followed by still more stringent measures. On the 5th of June, 1777, an act was passed providing for the confiscation of the property of all citizens who joined the enemies of the State. In the following year the act was so amended as to make it the duty


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of the county commissioners to seize the property of all persons who had gone within the lines of the British army, or who had in any way given aid or comfort to the enemy ; and the tenants on all lands owned by the enemies of the State were required to pay the rents to the county commissioners.


During the greater part of the war the Tory refugees from New Jersey maintained an organization on Staten Island, under the protection of the British army, and whenever opportunity offered they made raids into the northern counties of the State. Their hostility was far more malignant than that of the British soldiers. They frequently inflicted the most savage cruelties upon their former neighbors. They were intimately acquainted with the country, and could suddenly enter an unprotected community, and after treating the inhabitants in the most barbarous manner, suddenly retreat to their place of safety on the New York islands.




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