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 17
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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
L
188
HISTORY OF NEW JERSEY.
tion, which act was passed on the 30th of October .* In pursu- ance of these provisions, elections were held in each of the counties, and the delegates chosen met in convention at the time and place appointed, and on the 18th of December, 1787, the Constitution was unanimously accepted and ratified. t
The proceedings of the State Convention were communicated to the Legislature at a special meeting on the 28th of August, 1788, by a letter from the Secretary of the Convention, with a copy of the minutes. A communication on the subject was also received from the Governor. His Excellency said : "I most heartily congratulate you on the adoption of the Constitution proposed for the government of the United States, by the Fede- ral Convention, and it gives me inexpressible pleasure that New Jersey has the honor of so early and unanimously agreeing to that form of National Government which has since been so generally applauded and approved of by other States. We are now arrived at that auspicious period which, I confess, I have often wished that it might please Heaven to protract my life to see. Thanks to God that I have lived to see it."
This venerable patriot had, with eminent skill, performed the duties of his office during the difficult and perilous years of the war. He had assisted in framing the plan for the general gov- ernment, and used his powerful influence in favor of its adoption. And now, in the fulfillment of his hopes and as the full reward of his services, he witnessed the attainment of the independence of the American people and the establishment of the American Union. He died on the 25th of July, 1790.}
* Votes, Vol. VII., page 25.
t John Stevens was chosen President of the Convention, and Samuel Witham Stockton, Secretary. It was agreed that the Constitution should be read and considered by sections; but scarcely any debate took place, and no amendment was proposed. The whole having been read, the general question was taken, " whether this Convention, in the name and in behalf of the people of this State, do. ratify and confirm the said Constitution ? It was determined in the affirmative unanimously. The Convention also resolved that " it is the opinion of this Convention that the State of New Jersey should offer a cession to Congress of a district not exceeding ten miles square, for the seat of gov- ernment of the United States, over which they may exercise exclusive jurisdic- tion."-Minutes of Convention.
# William Livingston was born in New York, 1723, graduated at Yale
189
HISTORY OF NEW JERSEY.
According to the Constitution, the National Legislature was to consist of Senators and Representatives. Two Senators were to be chosen in each State by the Legislature thereof for six years .* The Representatives in each State were to be chosen by the people, the number to be in proportion to the population, but until an enumeration should be made, and the respective num- bers thus determined, a specific apportionment was made. New Jersey was to have four. Electors of President were to be ap- pointed in such manner as the Legislature should direct, to be equal in number to the whole of the Senators and Representatives.
The ratification of the Constitution by the necessary number of States having been communicated to Congress, an act was passed on the 13th of September, 1788, for carrying the system into effect; by this act the electors of President were to be appointed on the first Wednesday in January, 1789, and to give their votes on the first Wednesday of the succeeding February, and the legislative bodies were to meet at New York on the first Wednesday in March, 1789. The several measures con- templated were taken in New Jersey. On the 25th of Novem- ber, 1788, William Patersont and Jonathan Elmert were chosen
College in 1741, was early in life distinguished as a lawyer, removed to New Jersey before the opening of the Revolutionary struggle, and was in 1774 chosen a member of the first Continental Congress. He was one of the Signers of the Declaration of Independence, was Governor of New Jersey during all the years of the Revolution, and was a member of the Convention that framed the Constitution of the United States. Governor Livingston was one of the purest patriots named in American history. He lived to see his country estab- lished an independent nation, and then died at his mansion near Elizabeth.
* Upon their meeting the Senators were to be classified-the seats of the first class to be vacated in two years, the second in four years, and the third in six years.
+ William Paterson was born in 1745; graduated at the College of New Jersey, 1763, and was admitted to practice law, 1769. He was a member of the State Convention that adopted the Constitution in 1776, and also of the National Convention that formed the Constitution of the United States. He was a firm supporter of the American cause during the Revolutionary struggle; was one of the first Senators of the United States chosen by New Jersey. In 1791 he was elected Governor of the State, and three years later was ap- pointed a Judge of the Supreme Court of the United States. In 1799 he revised the laws of the State, and died in 1806.
# Jonathan Elmer, one of the first Senators from New Jersey, was born in
190
HISTORY OF NEW JERSEY.
by the Legislature in joint meeting, to represent and vote on behalf of the State in the Senate of the United States, and Representatives in Congress, and electors of President were chosen according to the provisions made in the case .*
At the time appointed, Senators and Representatives appeared from eleven of the States, but a quorum of both Houses did not attend until the 6th of April. Upon counting the electoral votes, it appeared that George Washington was unanimously chosen President, and that John Adams was elected Vice-Presi- dent. At this election, but ten States voted, viz. : New Hamp- shire, 5 votes ; Massachusetts, Io; Connecticut, 7; New Jersey, 6; Pennsylvania, 10; Delaware, 3 ; Maryland, 6; Virginia, 10; South Carolina, 7 ; Georgia, 5. Whole number of electors, 69, all of which were given to George Washington ; the next highest was given to John Adams, and although he had not received a majority of the votes given by the electors, he was, nevertheless, elected by the House of Representatives. New Jersey cast her six votes for Washington, one for John Adams, and five for John Jay, of New York.
Upon being informed of his election, the President immedi- ately repaired to the seat of Government at New York, and entered upon the duties of his elevated office. Soon after their meeting, the Legislature of New Jersey prepared an address to
Cumberland County, 1745, was liberally educated in medicine and law, was a member of the Philosophical Society; the friend and associate of Benjamin Franklin. He was one of the most earnest defenders of the American cause; was a member of the New Jersey Vigilance Committee, and of the Commit- tee that framed the first State Constitution. He was during the war a member of Congress, and afterwards a Senator of the United States. His ancestors are distinguished in the annals of America for their devotion to the cause of religion and human rights, and his life of public service added lustre to the name.
* At the same time that the Senators were appointed, Abraham Clark, Jonathan Elmer, and Jonathan Dayton were appointed Representatives in Congress, to serve until the 4th of March ensuing (at which time the new Government was to go into effect), unless others should be appointed in the meantime. On the 28th, an act was passed providing for the election of Representatives in Congress by the people. Jonathan Dayton was Speaker of the House from December 7th, 1795, to March 3d, 1797, and from May 15th, 1797, to March 3d, 1799.
-
191
HISTORY OF NEW JERSEY.
the President, congratulating him upon his appointment, and assuring him of their willingness to support him in the due exe- cution of the laws, and in the preservation of public tranquility.
Among other important matters, the subject of amendments to the Constitution was brought before Congress at their first sitting by petitions from Virginia and New York, asking that another Convention might be held for a fuller consideration of several particulars, and for preparing amendments. The States just mentioned were opposed to the Constitution without some alteration. But according to previous arrangement, the instru- ment had already come into force, and Congress had no authority to call another Convention; but amendments might be made and proposed to the States for their adoption. This was now done. After full consideration and discussion, twelve articles were agreed to by Congress as amendments. These articles were brought before the Legislature of New Jersey by a message from the Governor on the 29th of October, 1789, and the subject was acted upon by agreeing to all the articles except the second .*
. During its session the Congress agreed upon measures for the establishment of a revenue to support the government and dis- charge the public debts ; duties were laid for these purposes upon imports, and on the tonnage of vessels. The several departments of government were arranged and established, a national judiciary was erected, and the salaries of the several officers of government determined. The Houses adjourned on the 29th of September, to meet on the 6th of January, 1790. A most important, as well as difficult subject of consideration of the second session, was that relating to the public debt, and especially as to the assump- tion of the debts of the States incurred in the prosecution of the war. After animated debate, a law was passed on the 4th of August, making provision for the debt of the United States, by which act a specific amount (twenty-one millions) of State debts
* Ten of the articles submitted to the States were confirmed by two-thirds of the States, as required by the Constitution. The first and second articles, which related to the number of the House of Representatives, and to the compensation of the members of the Houses, were rejected. Another amend- ment of the Constitution, relating to the manner of electing the President and Vice-President, which was recommended by Congress to the States, was ratified in New Jersey, by an act of the 27th of February, 1804.
192
HISTORY OF NEW JERSEY.
was assumed. This sum was apportioned among the States with regard to the amount of debts of each. Eight hundred thousand dollars was apportioned to New Jersey .* The sum thus assumed was to be loaned to the United States at determined rates of interest by individuals holding certain evidences of State debts.
During the session of the Legislature of New Jersey in 1790, further enactments were made in order to complete and perpetu- ate the relations between the State and Federal Union. On the 12th of November an act was passed directing particularly the manner of appointing Senators and Electors of President and Vice-President .ยก An additional enactment was also made regu- lating the mode of electing Representatives in Congress.
The place for the permanent establishment of the State gov- ernment was also selected ; by act of the 25th of November it was proposed that Trenton, in the County of Hunterdon (now the County of Mercer), should henceforth be considered as the seat of government of the State. Previous to this time the Legislature had been a movable body, sometimes meeting in Perth Amboy, Elizabethtown, Princeton, New Brunswick, Had- donfield, Pittstown, etc., or wherever the exigencies of the case would allow, but now it was determined to establish it perma- nently at Trenton. At this period a change took place in the ad- ministration of government. Governor Livingston had remained in office from the time of the first establishment of the government; he had continued steadily at his post during the difficult and perilous season of the war ; he had assisted in framing the general government, and used his influence in favor of its adoption, and
* By message from the Governor on the 25th of November, 1791, it ap- peared that the Commissioner of Taxes for New Jersey had completed his estimate of the debt of the State, subscribed to the loan proposed by the United States, and that it then did not quite amount to six hundred thousand dollars; but as it was supposed that many persons had been prevented from coming in to sul scribe, a resolution was adopted by the Legislature, that an applica- tion should be made to Congress for an extension of the time prescribed for the subscription.
t See " Patterson's Laws," page 102. In December, 1807, an act was passed providing for the Electors of President and Vice-President by popular election, and also further providing for the election of Representatives in Congress.
T
193
HISTORY OF NEW JERSEY.
at length, as the fulfillment of his hopes and the reward of his services, witnessed the complete establishment of the indepen- dence and the union of the States. He died on the 25th of July, 1790. He was succeeded by William Patterson, who was elected on the 29th of October, and who continued in office until March, 1793, when he resigned in consequence of his appointment to the place of Associate Judge of the Supreme Court of the United States. He was succeeded by Richard Howell in 1794.
The civil and political history of the State of New Jersey, though merged from this period to a greater degree than before in that of the United States, is still of interest and importance. Yet the merest summary only can here be given.
Governor Howell continued in service until October, 1801, when Joseph Bloomfield was appointed, who then served but for single term. In 1802, there being no choice for Governor, John Lambert, the Vice-President of Council, performed the duties of the office for that year ; but in the following year, 1803, Gov- ernor Bloomfield was reelected, and remained in office until 1812. He was then succeeded by Aaron Ogden, in 1812, who in 1813 gave place to William S. Pennington. Governor Pen- nington was followed in 1815 by Mahlon Dickerson, and the latter, in turn, was succeeded by Isaac H. Williamson in 1817. Governor Williamson remained in office until 1829, when Gar- ret D. Wall was appointed .; but he declined to serve, whereupon a new election took place a few days afterwards, and Peter D. Vroom was chosen. By annual reeelection, Governor Vroom was continued in the office until 1832, and was then followed by Samuel L. Southard.
By the Constitution of 1776, the political power of the Com- monwealth was divided into three departments-the legislative, the executive, and the judicial. The legislative power was in- vested in a Council and Assembly, to be chosen by the qualified voters on the second Tuesday and Wednesday of October .* The Legislative Council consisted of a Governor and a member from each county, elected annually. The Assembly was com-
* Under the Constitution preceding the present one, the elections were held two days.
-
194
HISTORY OF NEW JERSEY.
posed of delegates from each county, apportioned to the number of the population. The executive power was vested in a Gov- ernor who was annually elected by the Council and Assembly, in joint convention, at their first session. The Secretary of State was nominated by the Governor and confirmed by the Senate. The State Treasurer was chosen by the Legislature in joint meet- ing annually. The judiciary power was vested in a Court of Appeals, Court of Chancery, Supreme and Circuit Courts of Oyer and Terminer, and General Jail Delivery, Courts of Com- mon Pleas, Quarter Sessions, and Orphans' Courts, and courts for the trials of small causes held by Justices of the Peace. The Judges of the Supreme Court were elected by the Legislature, and held their office during seven years. Judges of the Inferior Courts, and Justices of the Peace, were chosen for five years.
In the early part of this work we endeavored to show where the aborigines came from ; we will now show their exit and ex- tinction from this part of the country. The last remnant of the Indian tribes left this State in 1802. The Indian tribes had been extinguished by a treaty made at Crosswicks in 1758, with the exception of the right of fishing in all rivers and bays, and of hunting on all unenclosed grounds. A tract of three thousand acres was purchased at Edge Billock, in Burlington County, for the residence of the Indians remaining in the State. About sixty persons lived there until 1802, when they removed to Stockbridge, New York, and thence to Statesburg, near Green Bay, Michigan. These Indians, in order to provide themselves with agricultural implements, petitioned the Legislature in 1832 for the sum of $3000, in consideration of the relinquishment of all their rights in the State. The sum of $2000 was promptly granted by the Legislature.
Hon. Samuel L. Southard,* in presenting this claim before
.
* Samuel L. Southard, son of a distinguished citizen of New Jersey, was born at Baskinridge, Somerset County, in 1787, was educated in the law, and early gained distinction in his profession. At the age of twenty-eight, he was placed on the Supreme Court bench of the State, and in 1821 was elected a Senator of the United States. In 1823 he was appointed Secretary of the Navy by President Monroe, and was subsequently reappointed by President Adams. At the close of this administration, he was appointed Attorney-
.
195
HISTORY OF NEW JERSEY.
the legislative Committee, said: "It is a proud fact in the history of New Jersey, that every footstep of her soil has been acquired from the Indians by fair and voluntary purchase and transfer, a fact that no other State of the Union, not even the land which bears the name of Penn, can boast of." In grate- fully acknowledging the receipt of this money, the Chief, Bar- tholomew S. Calvin* (known as Schawriskhehung or Wilted Grass), on March 12th, wrote : "Not a drop of our blood have you spilt in battle, not an acre of land have you taken but by our consent." This just treatment of the original occupants of the soil was rewarded with the enjoyment of perpetual peace by the early settlers. In February, 1832, Governor Southard being chosen to the United States Senate, on the 27th, Elias P. Seely was elected Governor; but in the following year Governor Vroom was again chosen, and remained in office until 1836, when he was succeeded by Philemon Dickerson. The next year William Pennington was chosen, and was continued in office until 1843, and was then followed by Daniel Haines, who was . the last Governor under the old Constitution. Previous to the adoption of the new Constitution, the Governor had been ap- pointed by the two Houses of the Legislature in joint meeting ; and in consequence of the Governor being also Chancellor, none but a lawyer could occupy the gubernatorial chair. But, upon the adoption of the new Constitution, this restriction was removed by separating the office of Chancellor from that of Governor, and making the Governor elective by the people, and extending the term to three years.
Charles C. Stratton was the first Governor elected by the people under the new Constitution, holding the office three
General of the State, and afterwards was twice sent to the Senate of the United States, and was President of the Senate of the United States from March 11th, 1841, to May, 1842.
* Bartholomew S. Calvin, an Indian of pure blood, was educated at Princeton, at the expense of the Scotch Missionary Society. At the com- mencement of hostilities in the War for Independence, being then in his twenty-third year, he left his studies, shouldered his musket, and fought against the common enemy. . At the time of the presentation of the petition by him on behalf of his people, he was eighty years old.
196
HISTORY OF NEW JERSEY.
years, from 1844 to 1848. In 1840, Daniel Haines; in 1851, George F. Fort; in 1854, Rodman M. Price; in 1857, William A. Newell ; in 1860, Charles S. Olden; in 1863, Joel Parker ; in 1866, Marcus L. Ward; in 1869, Theodore F. Randolph; in 1872, Joel Parker, and in 1875, Joseph D. Bedle.
197
HISTORY OF NEW JERSEY.
CHAPTER XXVII.
1776-1876.
Formation of new counties-Convention to draft a new constitu- tion-Purchase of land, and State House built-Offices for Sec- retary of State and Clerk of Supreme Court authorized to be built-Mob in Trenton injures the State House-Ball held in the State House-Addition to State House-State Library
A T the close of the Revolutionary War there were thirteen counties in New Jersey .* The subsequent advance in pop- ulation and business rendered it necessary to establish new divi- sions, and eight other counties have been added. The County of Warren was erected in 1824; Passaic and Atlantic, in 1837; Mercer, in 1838; Hudson, in 1840; Camden, in 1844; Ocean, in 1850; Union, in 1857 All these were clothed at once with the same privileges and powers that were possessed by the older counties.
The government of the State, although established in haste, and at a period but little favorable to deliberation and care, was found so far suited to the wishes and wants of the people that no earnest exertions were made for any alteration. So early as 1 790, indeed, a proposition was considered in the Legislature to choose a convention for the purpose of revising the Constitution, and at subsequent periods similar movements were made. But these measures were not pursued at the time, and a decided manifesta- tion of sentiment did not occur until the year 1843. At that time meetings were held in various places within the State to consider the subject, and to make a proper expression of opinion in relation to it ; and with similar objects, publications were put forth and circulated among the people. The mark of colonial dependence which was yet retained in the provision for
* These were Bergen, Essex, Middlesex, Monmouth, Somerset, Burlington, Gloucester, Salem, Cape May, Hunterdon, Morris, Cumberland, and Sussex,
.
198
HISTORY OF NEW JERSEY.
a return to a connection with Great Britain, although it could now have no possible practical bearing, and therefore could hardly be made a matter of serious objection, was yet offensive to the feelings, and thus probably gave strength to the desire for a revision or complete abrogation of the existing instrument. But the undue amount of authority given to the Legislature; the improper union of powers in the person of the Executive; the imperfect organization of the judiciary, and the restrictions upon the electors and the elected, in the property qualifications required of them, were especially objected to, and urged as reasons for a change. Some of these objections, indeed, were somewhat more formidable in appearance than in fact, and others had been removed in part by legislative provision. But it was urged that defects should be removed if practicable, even if not productive of serious injury ; and the relief that was obtained by legislative interference, whilst it was readily accepted, was yet considered as strengthening the objections against the in- strument itself. If the provisions of the Constitution, it was said, were such that it had become necessary to violate them, it was full time that an alteration should be made. At the session of the Legislature commencing in October, 1843, numerous petitions were presented asking that an enactment might be made to call a convention of the people to revise and alter the Constitution. By a number of persons the idea was held that the object proposed might be fully and properly attained by the immediate action of the Legislative bodies ; whilst others were of opinion that the question as to calling a convention of the people should first be submitted to a popular vote. The subject was adverted to by Governor Haines (who had been elected to office soon after the meeting of the Legislature) in a message of the 10th of January, 1844. He said : "You will allow me to remind you that the formation or alteration of the fundamental law of a State, is the province of the people in their highest sovereign capacity, and not the duty of the Legislature, who are delegated to act in obedience to that fundamental law. The same voice that asks a change of the Constitution, asks that change through the medium of a convention ; and instructs us to fix by law the time, place, and manner of forming it. A law,
1
1
HISTORY OF NEW JERSEY.
therefore, calling a convention of a suitable number of delegates at as short a time and little expense as the importance of the measure will justify, I believe to be both proper and necessary. If the will of the people has been misunderstood, they can so express it by instructions to their delegates. I commend this subject to your early consideration and prompt and efficient action."
The matter was held under consideration by the Legislature until the 23d of February, 1844, when a bill was passed by the Assembly, entitled " An act to provide for the calling of a Con- vention to frame a Constitution of the State, to be submitted to the people thereof for ratification or rejection."* .
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.