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Full text of "The history of New Jersey"

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THE 



HISTORY 

OF . - 

NEW JERSEY, 



DISCOVERY BY EUROPEANS, 



THK AOOFnOH 



FEDERAL. CONSTITUTION. 



THOMAS F^ GORDON. 



Srenton: 

PUBLISHED BY DANIEL FENTON. 

Juhu C. Clark, Pxioier, I'bUadotplua. 

1834. 



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Entered by Thomas F. Gordon, according to the Act of Ooafieie, io the Clerk'i Ofllce of the Dbtrict 
Court for the Eastern Dietriet of Penoijlvania. 



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PREFACE. 



An attempt lias been made in the following pages to narrate^ suc- 
cinctly, but fully, the history of New Jersey, from the time of its 
discovery by Europeans, to that of the adoption of the constitution 
of the United States. By the latter event, the individuality of the 
State, as a historical subject, is merged in the history of the nation; 
and the subsequent period of unvaried political prosperity, within 
her borders, presents few matters for the historian. 

The story we have told, has. Cor the inhabitants of the State, the 
interest of their peculiar and proper affairs; but, like such affairs, 
may not prove attractive to strangers. Like Pennsylvania, this 
State was founded by deeds of peace; and no community, in any 
country, can have undergone l6ss vicissitude. Her prudence and 
justice preserved her from Indian hostility, and her distance from 
the frontier protected her from the inroads of the French. She has 
known, therefore, no wars, save those commanded by the ki^g, or 
undertaken in defence of her own civil liberty. To pourtray the 
part, which, as a colony, she took in the one, and as an independent 
State, in the other, it has been necessary to treat of the general 
colonial and revolutionary ^listory ; yet no further than was indis- 
pensable to exhibit the action of New Jersey. 

In the compilation of the work, resort has been had to all the 
known histories of the Anglo-American colonies, to the best writers 
on the American revolution, and to the minutes oi the legislature 
and the statutes, for a period of more than- one hundred and twenty 
yeftrs. From these sources, it is believed, that a faithful and ample 
narrative has been obtained. More particulars of the horrors which 
attended the revolutionary war, especially of those which were in- 
flicted by fprious tory partisans, might, perhtqw, have been added, 
if full reliance were due to the partial newspaper accounts, fre- 
quently written under excitement unfavourable to truth. Tet, 
enough of these scenes has been described to display the aature and 
extent of the sufferings of the inhabitants; more would have served 
rather to disgust, than to entertain, the reader. 



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Iv fBBFACE. ^ 

The author submits the result of his labours to the many suh- 
scribers hj whom they have been encouraged, with an assurance of 
his readiness, in another edition, to supply such omissions, and to 
correct such errors, as may be discovered in the present 

March, 18S4. 



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CONTENTS. 



CHAPTER I. 
Comprisiiig Eyehts from the Diooovery by EuropeanSi to the Gr&nt from 
Chazles I. to James Duke of York. I. Ancient and Modern Principles of 
Colonisation. Q. Voyages of the Spaniards and Portuguese upon the East 
Coast of North Amarica. III. Voyages of the Italians. Verrazano, and the 
Cabots. IV. first EngUsh Attempts at Discovery. V. £ffi>rts of Raleifh 
to establish a Colony. VI. Goenold opens a new Road—London and Pfy- 
mouth Companies created. Vil. Voyages and Discoveries of Hudson. 

VIII. Intercoorse of fh* Dutch East India CompsAv with America, and 
Formation of the Amsterdam Licensed Trading West India Company. 

IX. Settlement of the Puritans at Plymouth. XT Formation of the Great 
West India Company in Holland. aI. Voyage and Proceedings of Cor- 
nelius Jacobse Vkv. XII. Measures of the C&mpan^ to promote Emigra 
tion; Purohasesorlarge Tracts of Land from the Indians. XIII. Voyages 
of De Vries ; O»lony planted^— The Delaware abandoned by the Dutch. 
XIV. Minisink Settlements on the Delaware. XV. Settlements of the 
Swedes on the Delaware — first Projectof a Colony — first Colony — increase 
of Settlers. XVI. Colonial €k>yemment established—Colonel Printz first 
Goyemor. XVII. English Settlements upon the Delaware — ^prostrated by 
a united Force of Dutch an4 Swedes. XVIH. Swedish €k>yemment 
under Prints, and his Succes«ors. XIX. Swedish Colony subjected by the 
Dutch. XX'. Dutch Colonial Government on the Delaware — Possessions 
on the East of New Jersey. XXI. Account of the English Settlements 
upon the Delaware previi^ps to 1664 — under Patent from Lord Baltimore^ 
under Grant to Sir Edward Ploeyden— by Traders from- New Haven. 

. XXII. Plans of New finffhmd Settlers for Conauest of the Dutch Colo- 
nies. XXIII. Duke of York's Charter firom the Crown and Grant to 
Berkeley and Carteret. XXIV. Conquest of New Nethei^ands, by Co- 
lonel NichoUs. XXV. English Government established on the Delaware. 

. XXVI. Condition ef New Netherlands at the time of the Surrender page 1 

CHAPTER II. 

Comprising Events from the Grant to the Duke of York, to the Division of the 
Coloay, into East and West Jersey, I. Nature of the Estate acquired by 
Uie Duke of York, by the Grant from Charles I. II. Motives and Nature 
of the Grant from the Duke of York, to Berkelepr and Carteret. III. 
Bouads of the Countnr ceded. IV. Proceedings or the Proprietaries, to 
settle their Province of New Jersey, &c. — their " Concessions." . V. Re- 
marks on the Constitution. VI. Assumption of Government hy Colonel 
NichoUs— Indian Grants. VU. Philip Carteret appointed Governor— His 
Efforts for Colonization — ^Advantages enjoyed by the New Colonists. VIII. 
Unhappy Effects of the Demtnd of ProprieUry Qbit Rents. IX. Recap- 
tmn oC New N«therlands by Holland— and Restoration to the English. 

X. Ae-mnt of th« Province to Che j^uke— Re-grant to Berkeley and Car- 
• teret. Xl. Return of PhiHp Carteret tathe Governmentr— Modification of 

the Constitution. XII. Oppressive Conduct of Andross. €k>vemor of New 
York. XHI. Division of the Province into East and West Jersey . 33 

CHAPTER ni. 

From the Division of the Province, into tiast and West Jersey, to the Purchase 
of Enst Jersey, by Quakers. I. Motives of flie Quakers for Emigration. 
IL Sale of Liord Berkeley, to Byllinge and Fenwicke. III. Assignment 
of West Jersey to William Penn, and others in Trust, for the Creditors of 
Byllinge. IV. <^ Concessions,*' or Constitution of West Jersey. V. Mea- 
sures of the Proprietaries to promote Colonization. VI. Commissioners 



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VI CONTENTS. 

appointed to Administer the Goyernment of West Jersey — thetr Proceed- 
in^. Vll. Increase of Emigrants — Success of their Efibrts. VIII. Death 
or Sir George Carteret — Successful Efforts of the Colonists, to procure 
Relief from me Jurisdiction of New York. IX. Extraordinary Pretensions 
of Byllinge. X. Resisted by the Proprietaries, in General Assembly — 
Samuel Jennings fleeted Goyemor — Proceeds to England, m Deputy of 
the Assembly — The Right of Goyernment, purchased by Doctor Daniel 
Coze, and subsequently transferred to the West Jersey Society. XII. 
Meeting of the First Assembly — Proceedings. XIII. Modification of the 
Law, relating to Religious Faith. XIV. Death of Carteret — his Disposi- 
tion of East Jersey. aV. Troubles at the Close of the Administration of 
Philip Carteret. XVI. Reyiew of the Policy of the Proprietary Goyem- 
ments. XVII. Comparison between the Lairv of East and West Jersey 33 

CHAPTER IV. 

From the Purchase of East Jersey, by the Quakers, to the Surrender of the two 
Provinces to the Crown, 16dS---1702. I. Purchase of East Jersey by Penn 
and his Associates — They admit others, not Quakers, to ]>artieipate in the 
Purchase. II. Robert B^arclay appointed Goyemor for Life — Scotch Emi- 
grants — Deputy (xovemors — roundation of Amboy — Vain Efibrts at Com- 
merce. III. Lfforts of James II. to destroy Colonial Charter — Defeated 
by the Revolution. IV. Andrew Hamilton, Deputy Governor — Death of 
Robert Barclay — Interregnum — Andrew Hamilton, Govemor-in-Chief— 
Superseded by Jeremiah Basse — Reappointed — Discontent of ^e Colonists. 
V. Attempt of New York to tax the Colony. VI. Proposition fh>m the 
English Ministers for the Surrender of the Proprietary Governments- 
Negotiations relating thereto. VIL Final and Unconditional Surrender — 
Lord Combury appointed Governor — Outline of the New Government. 
VIII. Stationarjr Condition of New Jersey — Causes thereof. IX. Condi- 
tion of the Aborigines — ^Purchases of their Lands — ^Traditions of their Ori- 
jrin — ^Tribes most noted in New Jersey — ^Treaty at Croeswicks — at Bur- 
lington and Easton— Final Extinction, of Indian Title to the Soil of New 
Jersey. X. Review of the Title under the Proprietaries of East Jersey. 
XI. Review of Title of Proprietaries of West Jersey. XII. Of the Parti- 
tion Line between East and West Jersey .50 



CHAPTER V. 

Comprising the Administration of Lord Combury. I. Arrival of Lord Corn- 
bury — Demands a large and permanent Salary — being refused, dissolyes 
the House. II. A new Assembly chosen— Part of its Membeis arbitrarily 
excluded— Measures of the Govemor. III. Third Assembly convened — 
Determines to Petition the Queen, and to remonstrate with the Governor 
— Public Grievances — Delivery of the Remonstrance, by SamuelJeanings. 
IV. Reply of the Govemor. V. Dispute on the Treasurer's Aecounts. 
VI. Tlie Governor refuses the Message of the Assembly, which they enter 
upon their Minutes. VII. The West Jersey Proprietors, in England, ad- 
dress a Memorial to the Commissioners of Trade and Plantations, against 
Combury-^Address of the Lieutenant-Governor, and Provincial Couneil, 
to the Queen. VIII. The Governor unable to obtain the gratification of 
his wishes, by the Assembly, first prorogues, and then dissolves them. 
IX. Offensive Conduct of Lord Combury, in his Government of New 
York — His Character. X. Is reluctantly removed by Queen Anne — Im- 
prisoned by his Creditors ....... 76 

CHAPTER VI. 

Comprising Events from the Removal of Lord Combury to the Close of the 
Administration of Governor Hunter, 1709 — 1719. I. Lord Combury suc- 
ceeded bj Lord Lovelace^-His Conciliatory Address to the Assembly. U. 
Ready disposition of the House to provide for the Support of Groyemment 
— Change in the Constitution of the Assembly— Assembly obtain a Co^y 
of the Address of the Lieutenant Governor and Council, te the Queen, in 
favour of Lord Combury— Demand a hearing ft>r their Defence before the 
Goyemor. III. Death of Lord Lovelace and Aooossion of Lieutenant 



Goyemor Ingoldsby. IV. Promptitude of tke PrBvince to aid in reducing 
i North America. V. Failure of tiM Expediaon, 



the French Possessions in ] 



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CONTENTS. Vll 

and renewed Efforts of the Colonists to reTiye it — Visit of tlie Chiefs of 
the Five Nations to England. VI. Capture of Port Royal, &c. by Colonel 
Nicholson and the American Forces. VII. Governor In^oldsby removed 
— Government administered by William Finhorne as President of Council 
— sacceeded by Governor Hunter. VIII. Biomphical Notice of Gover- 
nor Hunter. IX. Meets the Assembly, whicn prefers Charges against 
Memben of Council. X. Expulsion of a Member of the House for his 
Conduct in Council — Address to the Queen. XI. Bills proposed for the 
Relief of the Quakers defeated by the Council; XII. New Efforts for the 
Conquest of the Fr«nch Provinces — Unfortunate Result. XIII. Con- 
tinued Quiet of the Province. XIV. Division of the Assembly. XV. 
Governor Hunter returns to Europe — Testimonials in his favour by New 
Jersey and New York — Exchanges his Commission with William Burnet 84 

CHAPTER VII. 

Containing Events from the arrival of Grovemor Burnet, to the Death of Go- 
vernor fi|Iorris» 171^—1 746. I. (Governor Burnet — Notice of his Character. 
II. Meets the .Assembly — Proceedings. III. Paper Currency — an Account 
of its Rise and Promss. IV. Bill proposed against denying the Trinity, 
dus. V. Governor Bernard removed to Massachusetts. VI. Ik succeeded 
by John Montgomery — His Administration. VH. Death of Colonel Mont- 

Smery, and Presidency of Colonel Lewis Morris— Arrival of Governor 
why — Harmony of the Province during his Administration — His Death*- 
VIII. Presidencies of John Anderson aiM John Plamilton, Esquires. IX. 
Lewis Morris, Governor of Ike Province of New Jersey, it being separated 
from New York — GratifioatiQa of the Province. X. He ceases to meet the 
Council in Legislation. XI. Salaries of Officers. Xil. Unpopular Con- 
duet of Governor Morris. XIII. War with Spain — Aid required by Great 
Britain, from the Colonies-— promotly afibrded by New Jersey — Further 
disputes between the Governor ana Assembly, XIV. Disingenuous Con- 
duct of the Governor, relative to the Fee Bill. XV. Opposes the Views of 
the House,- on the Bill relative to the Paper Currency— K>n that, circum- 
scribing the Jurisdiction of the Supreme Court. X VI. Assembly refuse 
to provide for the Salaries of the Public Officers. XVII. EfforU at accom- 
modation—defeated by the discovery of the duplicity of the Governor- 
Death of Governor Morris — John Hamilton, Esq., President. XVIII. Bio- 
graphical Notice of Governor Morris. XIX. Application made by his 
Widow, for ai'rears of Salary — refused .93 

CHAPTER VIII. 

Comprehending Events from the Death of Grovemor Morris to the Death of 
Garemor Belcher— from 1746 to 1757. I. War with France— Proposal of 
€k>veznor Shirl^ to attack the French Settlements at Cape Breton— New 
Jersev votes two thousand Poands for the Service — Favourable result of 
the Expedition. II. Proposed attack on Canada — New Jersey Regiment 
raised and placed under the command of Colonel Philip Schuvler-— Alarch 
for Albany— Threatened Mutiny. III. Plan of the proposed Campaign. 
IV. Treaty of Peace. V. Death of President Hamilton— Devolvement of 
the Government on President Reading— 'Arrival of Governor Belcher — 
His Character. VI. Vexations arising from the Elizabethtown Claims 
under Indian Grants— the Assembly disposed to. palliate the Conduct of 
the Rioters — Representation of the Council of Proprietors— their grievous 
Charge against the Members of Assembly, in a Petition to the Kmff— the 
House transmits a counter Petition— Disingenuous Conduct of the House. 
VIL Dispdtes relative to the " Quota BiU.^' VIII. Hostile proceedings of 
the Trench in America. IX. Diference between the French and En^sh, 
in their mode of cultivating Indian favour. X. Efforts of the French to 
oconpy the English Lands. XI. Expedition of George Washington to 
Fort Venango. XII. Measures of the English Government to resist 
French encroachments. XIII. Convention of the Colonies— Plan of Union 
]>roposed by Dr. Franklin— Condemned by New Jersey^Mihtary Expedi- 
tion of Lieutenant Colonel Washington— is captured by the French under 
De ViUiers. XlV. Extensive MiBtary Preparations of Great Britain. 
XV. Meiisares of New Jersey. XVI. Arrival of Major General Braddock. 
XVIL Convention of Governors to determine the Plan of the Campaign. 
XVIII. Acquisitions in Nova Scotia— Cruel Treatment of the Neutrals. 



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VIH CONTENTS. 

XIX. New Jersey raises a Reffiment for the Northern Expedition— Mr. 
Philip Schuyler named ColonelT XX. March of (reneral Braddock on the 
Western Expedition — Fastidiousness and Presumption of the General — is 
attacked and defeated. XXI. UniTersal Consternation on this Defeat — 
Governor Belcher summons the Legislature — Inroads and Cruelties of the 
Indions-^the Inhabitants of New Jersey give aid to those of Pennsylvania. 
XXII. Success of the Northern Expedition. XXIII. Provision against the 
Attack of the French and Indians. XXIV. Plans proposed for the Cam- 
paign of 1756 — Exertions of the Colonies. XXV. War formally declared 
between Great Britain and France. XXVI. General Shirley removed 
from the supreme conunand — General AbercrombiCi and, subsequently, 
Lord Loudon appointed. XXVII. Suspension of Indian Hostilities. 
XXVIII. Sluggish Militanr Efforts of the English— Success of the French 
in the North — Capture of part of the Jersey Regiment, with Colonel 
Schuyler, at Oswejro — Disastrous termination of the Campaign. XXIX. 
Renewal of Indian Barbarities. XXX. Military Requisitions <3' Lord Lou- 
don — New Jersey refuses to raise more than five hundred Men. XXXI. 
Unsuccessful Attempt of Lord Loudon on Louisburg. XXXII. Success of 
Montcalm — New Jersey prepares to raise four thousand Men — tlie remain- 
der of the Jersey Resiment captured by the Enemy. XXXIII. Death of 
Grovemor Belcher — Biographical Notice of. XXXlV. John Reading, Pre- 
sident ......... 106 

CHAPTER IX. 

Containing Events from the Presidency of Mr. Reading to the Repeal of the 
Stamp Act— from the year 1746 to the year 1766. I. Influence of Mr. PiU 
and his Policy upon Colonial Affiurs— *New hopes infussd into the Colo- 
nists. II. Successful Attack of the English upon the Northern Forts. 
III. Capture of Fort Du Quesne by General Forbes. IV. Cheerful and 
readv aid of the Colonies. V. New Jersey supplies one thousand Men, 
and builds Barracks for the King's Troops. VI. President Btading super- 
seded bv the arrival of Governor Bernard— His Treaty with the Indians — 
Succeeded by Thomas Boone — He, by Josiah Hardy— He, by William 
Franklin, the last of the Royal Governors. VII. Efficient Preparaticms 
for the Campaign of 1759. VIIL Conquest of the French Colonies in 
North America. IX. Honourable share of the Provincialists in this Re- 
sult. X. Treaty of Peace with France and Spain. XI. New Confederacy 
aad Hostilities of the Indians — Six hundred Troops raised by New Jersey. 
XII. Impressions on the Enelish Ministry, by the Wealth and Power dis- 
played in America. XIII. Fropoeilion or Mr. Grenville to tax the Colo- 
nies. XIV. Consideration of the Principles relating to Colonial Taxation. 
XV. Mr. Grenville communicates his purpose to the Colonial Ajreots in 
London. XVI. Views taken by Colonies of this Proposition. XVll. Pro- 
positions by several of the Colonies to raise Monejr, rejected by Mr. Gren- 
ville. XVlII. Act of Parliament for Tax on Colonial imports and Exports. 
XlX. Efiect of the Measures in America — Proceedings of Massachusetts 
and Rhode Island. XX. Stamp Act passed — Its reception in the Colonies. 
XXI. Temporary Suspension of Legal Pr5ceedings and of the publication 
of Newspapers. XXlI. Anti- Importation Assoeiations. XXIII. Organi- 
zation of the ^*^ Sons of Liberty." XXIV. Proposition of Massachusetts for 
assembling a Congress of Deputies from the Colonies — Action of New Jer- 
sey on this Proposition. XXV. Proceedings of the Congress — Messrs. 
Ruggles of Massachusetts, and Ogden of New Jersey, refuse to join in a 
general Petition. XXVI. The Assembly of New Jersey approve tho Pro- 
ceediilgs of Congress — adopts Resolutions condemnatory of the Stamp Act. 
XX VU. Efforts in England for Repeal of the Stamp Act. XXIX. Inquiry 
before the House of Commons — Repeal of the Stamp Act . .129 

CHAPTER X. 

Comprising Events from 1766 to 1769. I. Remaining Discontents in the Colo- 
' nies, i3ler the Repeal of the Stamp Act. II. Dissatisfaction in Great Bri- 
tain on account or the Repeal — American Taxation again proposed in Par- 
liament, by Mr. Townsend— Bill imposing Duties on Gooas imported into 
America, passed. IV. Circular Letter ofMassachusetts to the other Colo- 
nies. V. Promptitude and Unanimity df the Colonies produced by the 
Farmers* Letters. VI. Resort to Non-importation Agreements. VII. 



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CONTENTS. IX 

The Ministry condemn, the Ciroular Iietter. VIII. Menacing Resolutions 
of Parliament against Massachusetts — The other Colonies approve her 
Conduct IX. Modified Repeal of the Imposts — Consequent Modification 
of the Non-importation Agreements. X. Numerous Law Suits — The Peo- 
ple complain of the Fees of the Courts. XL Disputes between the Go- 
Temor and the Aseembly. XII. Robbery of the Treasury of East Jersey — 
TTie Assembly require the removal of the Treasurer— He is protected by 
the Governor. XIII. Efforts of Governor Franklin to encourage the Cul- 
ture of Hemp, Flax, and Silk. XIV. New apportionment of Members in 
the Province. XV. Testimonial of the Northern Indians to the Justice of 
the Colony 144 

CHAPTER XL 

Comprising Events from the year 1773 to 1776^ I. Committees of Correspon- 
dence established in the several Colonies. IL The British Ministry en- 
counige the shipment of Teas to America, by the East India Company. 
III. Alarm of the Colonists — Consignees of the India Company compelled 
to forei^ ttieir appointments. IV. jfeasuree pursued in New Jersey. V. 
Reception of the Tea in America. VI. Indignation of the King and Par- 
liament. VII. Violent measures adopted afainst Boston. Vlu. Alarm- 
tm^ Act of Parliament, relative to the Provincial Government of Canada. 
lA.^ ProceediuffB of the Inhabitants of Boston — General Commiseration of 
their Fate. A. New Jersey appoints Members to Conmss. XL Con- 
gress assemble at Philadelphia — Their proceedings. XlI. The Assembly 
of Now Jersey approve the proceedings of Coj^rress, and appoint Dele- 
gates to the next Convention — Instructions. aIII. The Provincial Go- 
vernors instructed to impede the Union of the Colonies — Efforts of Gover- 
nor Franklin. XIV. Reply of the House. XV. Rejoinder of the Gover- 
nor—Address of the CounAil. XVI. The Assdmbfy petition the King. 
XVII. Reception of the prooeedinffs of Congress in London. XVIIi. 
proceedings of Parliament — Conciliatory Propositions of Lord North. 
XIX. Sense of New Jersey upon this Proposition. XX. State of the Dis- 
pute with England. XXl. Second New Jersey Conven^on called — En- 



courages Political Associations— Organiies the Militia, and ^vides Funds 
XXII. Meeting of Congress at PhiUdelphia— Its Measures. XXIII. Ap- 
pointment of Commander-in-Chief and subordinate Generals. XXIV. 



Congress again petition the King — Ungracious reception of the petition. 
XX V. Address meir fellow^'Subjeots of Ireland, &c» XXVI. New Jersey 
Convention re-assembles — Proceedings — Provision for the continuance of 
a Provincial Congress — Committee of Safety appointed. XXVII. Meet- 
ing of the Asdembhr^^ddress of Governor FrankUa— He claims assurance 
ofprolection for himself and others, the King's Officers. XXVIIL Reply 
of the Assembly. XXIX. Act authorizing the issue of Bills of Credit, for 
£100,000, approved by the King 153 

CHAPTER XII. 

Comprising Civil Events of the year 1776. I. State of the Public Opinion at 
the commencement of the year 1776 — Gradual growth of the desire of In- 
dependence. IL Resolution of Congress for uie establishment of Inde- 
pendent Colonial Governments. III. Provincial Congress re-assembles 
— Proceeds to the Formation of a Colonial Constitution. IV. Review of 
the Constitution. V. Oath of Abjuration and Allegiance established. VI. 
Torie»— their motives. VU. Law relative to Treason. VIII. Imprison- 
ment and Relegation of Governor Franklin. IX. Measures adopted 
against the Disimected. X. Adoption of the Declaration of Indepen- 
dence .......... 178 

CHAPTER XIU. 

L Military Proceedings in Canada. IL Measures adopted in Great Britain^ 
III. Objects proposed for the Campaign of 1776. IV./Operations against 
New York, and the surrounding Country. V. Proposals for acoommoda- 
Uqb, by the British Commissioners. vI. Condition of the American 
Forces, at New York — Landing «f Lord Howe, on Long Island. VII. 
BaHle of Brooklyn. VIII. R#&eat of the American Army fVom Long 



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X CONTENTS. 

Island. IX. Unhappy Effect of the Defeat of the Amerioan Armj. X. 
Lord Howe renews ma Attemnts for accommodation of the Quarrel— Pro- 
cftedingfB of Congress. XI. Military Movement of the Armies, after the 
Battle of Brooklyn. XII. American Armjt by advice of Greneral Lee, 
qmt York Island. XIII. BatUe of White Plains. XIV. Capture of Fort 
Washington. XV. Abandonment of Fort Lee, and retreat Of the Ameri- 
can Army — Its condition — Inhabitants join the British. XVI. Washing- 
ton crosses the Delaware — ^The enemy possess themselves of the left bank. 
XVII. Capture of General Lee. XVIII. New efforts of the Com- 
mander-in-Chief— The enemy retire into Winter Quarters. XIX. Battle 
of Trenton. XX. The British re-open the Campaign. XXI. The Ame- 
rican Army re-enters Jersey. XXII. Battle of rrinceton. XXIII. The 
American Army retreat to Morristown — Beneficial results of the late ac- 
tions. XXIV. Firmness of Congress. XXV. Condition of New Jersey. 
XXVI. The American Army inoculated for the Small Pox. XXVU. 
Measures for reclaiming the disaffected of New Jersey. XXVIU. License 
of American Troops — ^restrained ...... 903 

CHAPTER XIV. 

I. Organization of the New Jersey State Government II. First Addrest of 
the Governor — Other principal Officers. III. Condition of the State at 
this period. IV. State of the Northern Department— Operations on the 
Lakes. V. The British seize Rhode Island. VI. Demonstration of Ge- 
neral Heath, on Long Island— Condition of the American Army, in New 
Jersev — Skirmishing. VII. Early efibrtsof Sir William Howe, to destroy 
the American Magazines — Stores burned at Peck's-kill — at Danbury. 

VIII. Successful enterprise of Colonel Meigs, against Sagg Harbour. 

IX. Movements of General Washington, on opening the Campaiflrp — Re- 
moval of the Army to Middlebrook — Dispositioa of uie Troops. X. Ope- 
rations of the Army under General Howe — Feint to cross the Delaware — 
Retreat from Now Jersey — Returns, and attacks the American Army. 
XI. Perplexity of Washington, caused by the Movements of the British 
Forces. XII. Capture of Major-general rrescott, by Major Barton. XIII. 
General Howe embarks for the southward — ^Measucss of Washington 
thereon. XIV. Attempt of General Sullivan, with Colonel Ogden, upon 
the Tories on Staten Island. XV. Arrival of the British Anay at £lk 
River — its Progress — Operations of the American Army — Battle of Bran- 
dy wine. XVI. Subsequent movement of the Annies. XVII. Secosd en- 
counter of the hostile Armies — they are separated by rain. XVIII. Af- 
fairs of Paoli. XIX. The British enter Philadelphia. XX. Cowess re- 
move to Lancaster, thence to York. XXI. Attack and defence of^e For- 
tifications on the Delaware. XXII. Battle of Gsfmantown. XXIII. Ope- 
rations in New Jersey. XXIV. Further proceedings on the Delaware. 
XXV. Repulse of Count Donop, from Fort Mercer. XXVI. General 
Greene despatched to New Jersey. XXVII. Capture of Fort Mifflin, 
and abandonment of Fort Mercer. XX VIIL Attempt of Greneral Dicken- 
son on ^taten Island. XXIX. American Army reinforced. XXX. At- 
tacked at White Marsh, by the British. XXXI. The American Anny re- 
tires into Winter Quarters. XXXII. English plans for the Northern Cam- 
paign. XXXIII. Condition of the American Northern Department. 
aXaIV. Burgoyne captures the Forts on the Lakes, and disperses the 
American Army. XXX V. Recuperative measures of General Schuyler. 
XXXVI. Repulse of St. Leger, from Fort Schuyler. XXXVII. De- 
feat of Colbnel Baum, at Bennington. XXXVIII. Beneficial result of 
these fortunate Events. XXXIX. Battles on the Hudson, and Capture 
of Borgoyne. XL. Movements of Sir Henry Clinton, in the Highlands. 
XLI. ETOCt of the Capture of Burgoyne — at home and abroad. XLII. 
Congress refuse to execute the Articles of Capitulation — their reasons 235 

♦ 

CHAPTER XV. 

Campaign of 1778. I. Condition of the Armjr at the Valley Forge and at the 
commencementof the Campaign. II. British foraging excursions in New 
Jersey. IIL Fortunate escape of an advance ps^ty under La Fayette. 

IV. Effect of the American successesabr<md—E»>rU of Amerioan Agents. 

V. Measoret for Foreign Alliances— Duplicity of France— Treaties with. 



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CONTENTS. XI 

h«r. VI. War between Great Britain and France. VI J. Opinions in 
Great BritA&n — Ministerial meaaurea. VIII. Reception of those measures 
' in America. IX. Arrival of a French Minister Plenipotentiary. X. The '' 

British Army evacuates Philadelphia — March through Jersey. XI. Battle •• 

of Monmouth— British Army regains New York. XII. Arrival of the ^ • 

French Fleet — proceeds to Rhode Island. XI 11. Attempt on Newport — 
Appearance of the English Fleet — French and English Fleets put to Sea ^ 

--Huspersed by Storm. XIV. British Incursions m Connecticut. XV. , , 

Dispositioif of the American Army. XVI. Hritish Incursions into New 
Jersey. XVII. Movements of the adverse Fleets — Detachment against 
the Southern States. XVIII. American Army retires to winter quarters 
— Its improved condition. XIX. Indian devastations — ISIassacre at Wyo- ^ 

ming. aX. Operations against the Indians. XXI. Discontent in the •> i 

Jersey line. XaII. March of General Sullivan lo the Indian country — 
Events there. XXII I. Espedition under Colonel Broadhead by the Alle- 
gheny River. XXIV. Expedition against the Cherokees under General • 
Pickens. XXV. Unprovoked Slaughter of the Indians at Muskingum 262 

CHAPTER XVI. 

Comprising a View of the War in the South. I. Inert state of the Country in 
1779. 'II. The British Government adopts views of partial Conquest. 
III. Georgia overrun — and Charleston threatened — Unsuccessful Siege of 
Savannah. IV. Sir Henry Clinton subdues South Carolina. V. His 
meaanres induce Revolt. VI. General Gates assumes command of the 
Southern Armv — Battle of Camden. VU. Buttle of King's Mountain. ^^ 

VIII. Cornwallis reinforced. IX. General Greene appointed to the y.* ^ , 

Southern Department — Battle of the Cow pens — Retreat to Virginia. , ^ * 

X. Cornwallis retires, is pursued — Battle of Guilford Court House. XI. "^^ 

Cornwallis marches for Petersburg — Greene for Soutii Carolina — Expedi- ^ 

tion of Arnold against Virginia — Preparations against him — Defence of 
Vhrgruua entrusted to La Fayette — Cornwallis takes conunand of the Bri- 
tish Forces in Virginia. XII. Progress of Greene in recovering the South- 
em SUtet. XIII. Sufferings of Uie Inhabitants .... 265 , 

CHAPTEfl XVH 

1. Condition of the Armies in the Noith. II. British Expedition against the 
Forts on the North River. III. Expedition under Tryon, agiinst Connec- 
ticut. IV. Capture of Ston^ Point, by Wayne. V. Attack of the Bri- 
tish Post, on Penobscot nver. — VI. Major Lee assaults Paules Hook. 
VII. Effects of the System of Paper Currency. VIII. Spain declares 
War against England. IX. Prospects of the Campaiffn of 1780. X. The 
American Army retires into wintar quarters. XI. Marauding Parties of 
the Enemy in New Jersey. Xtl. The Army at Morristown supplied bj 
forced levies of Provisions. XIII. Washington attempts the British Poet 
at Statan Island XIV. Difficulties arising from the want of, political 
power in Congress. XV. Discontents of the Army — Mutiny of tne Con- 
necticut troops. XVI. Knyphausen invades New Jersey — Murder of 
Mrs. Caldwell, and of her Husband. XVIl. Bettle of Springfield.— 
XVIII. La Fayette returns to the United States. XIX. Renewed efibrU 
for the Defence of the Country. XX. Arrival of the French Fleet and 
Army — Plans consequent thereon. XXI. Treason of Arnold. XXII. 
American Array retires into winter quarters. XXI II. European comhina- 
tions against Great Britain. XXIV. Revolt of the Pennsylvania line^-of 
the Jersey line— Discontent of the Inliabitants of New Jersey. XXV. 
Gloomy Prospect for the year 1781. XXVI. Combined Operations of the 
French Fleet and Allied Armies, against Cornwallis — His Capture. — 
XX VII, Now London taken and burned by Arnoki. XXVIII. Condition 
of the Country for the Campaiffn of 1782 — Resolutions of the British Par- 
liament in favour of Peace. XX fX. Malignity of ihe Tories — Murder of 

. Captain Huddv. XXX. Cessation of Hostilities — ^Troaty of Peace. 

. XX XL Disbanding of the Army. XXX 11. Public Entry of Washington 
to New York — takes leave of his Offieers — Surrenders his Commission to 
Congress . . ....... 394 



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Xll CONTENTS. 



CHAPTER XVIII. 



Peculiar sufferinffs of the State of New Jeriey from the War. II. Laws in 
New leney relative to the Militia. III. Council of Safety. IV. Bilili- 
tary efforts of New Jersey. V. State Representatives in Congress. VI. 
Establishment of the New Jersey €razette. VII. Unhappy Condition of 
the States afler the return of Peace. VIII. Inefficiency or the Articles of 
Confederation — Part of New Jersey in their Adoption. IX. Measures pro- 
posed in Congress for maintaining Public Cremt — Effi>rts of N#w Jersey 
upon this subject. X. She resorts to Paper Currency and Loan Office for 
Relief. XI. Difficulties with Great Britain relative to the Execution of 
the Treaty. XII. Measures for regulating the Trade of the Union — Re- 
sult in a rropositioB for Revision of the Articles of Confederation. XIII. 
Adoption of the New Constitution — Ratified by New Jersey 380 



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TBM 



HISTORY OF X£W JERSEY. 



CHAPTER I. 

Comprising EyenU from the Discovery bj Eaiopeaiis, to the Gfont from Charles I. 
to James Dakd of Tork.^^I. Ancient aod Modern Principles of Colonization. — 
II. ' Voy4k es oflhe Spanhirds And Portuguese upon the Ea^t Coast of North Ame- 
rica.— IlT. Voyages of the Italians, Verrazano and the Oalwrts.— IV. First Eng- 
lish Attempts at Discovery.— V. Effbrts of lUIeigh to establish a Colouy.^Vl. 
Gosnold opens a new Road — London arid Plymouth Companies created. — VII. 
Voyages and Discoveries, of Hudson.— VDI. Intercourse of the Dutch East In- 
dia (Smipany witii America, and Formati^in of the Amsterdam Licensed Trading 
West India Company .—I^ SetUemant of th^ PoriUns at Plymouth.— X. For- 
mation of tbs Gi^at Wfest India Cbim>any in Hol^nd.— XI. Voyage and Pro- 
ceedings 'of Cornelius Jacobse Mey. — Xll. Measures of th» Company to promot* 
Emigralaon ; Purchases of large Tracts of Land from the Indians. — XIU. Voy- 
ages of De yriee ; Colony plantad — The Delaware abandoned by the Dutch.— 
XlV. Miobink SettlemetUs on th^ Delaware.— XV. Settlements of the SVedes 
on the Delaware — first Project of a Colony — ftrst Colony — increase of Settlers^ — 
XVI. Colonial Gorernment established— Colonel Prints first Governor.— XVII. 
English SetUementa upon the Delaware-^prostrated by a united Force of Dutch 
and Swedes.^— XVlil. Swedish Government under Printz and hie Successors. — 
XIX. Swedish Colony subjected by thft Dutch.^XX. Dutch Colonial Govern- 
ment on the Delaware— Possessions on the Eas^ of Now Jersey. — XXI. Accooat 
of the English Settlements upon the Delaware previous to &64 — under Patent 
&oih Lord Bakinmre— under. Grant IjO Sir ^dward Ploeyden— by Traders from 
New Haveik—XXIL, Plans of New England Settlers fyt Conquest of the Dutch 
Colonies. — XXIII. Duke of Ifork's Charter from the Crown and Grant to Berkeley 
and Carteret— XXIV. Conquest of New ffetherMds, by Colonel NichoBs.— 
XXV. English Government ertablished qti the Delaware.— XXVI. Condition of 
New Netherlandts at the time ofHhe Surrender. ^ ' 

I. A distiQctio& has iVequently been tak^ between ancient and modem 
colonization; asqribing the foimer to military, and the kfter to commercial 
principles. But this classffication does not embrace the various species of 
colonies, in present, or past tkne. A more happy division of the subject 
would seem to be, into colonies founded by individuals^ in their search of 
happiness; and colonies planted by states, with a view to military or com. 
mercial purposes. By th^ first, our race, was originaUy spr^d Over the face 
of the globe. It has prevailsd at all times, as well among the Egyptians, 
Athenians, and other ancient people, as among the moderns, who instituted 
the communities of the North Ammcan confederacy. The' early 'Greek 
colonies, generally, sprung frpih the desire of the citizens to ameliorate their 
condition; and the hnmediateimpulse was, excess of population, the ambition 
of chiefs, the love of liberty, or contagious and firequent maladies. The 
bonds of filiation connected the colony with the parent state ; and the en- 
dearing names of daughter, sister and mother, sanctioned and preserved the 
alliances between them. But in the (Jrecian colonies of latter date, we trace 
commercial and political views. The Carthaginians, also, seem to have 
fflifablished colonies upon commercial principles; and two treaties, recorded 
A 



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2 fflSTORY OF NEW JERSEY. 

by Polybius,* between them and the RoniaB99 aie in the true spirit <^ mo- 
dern colonial policy. On the other hand, the Roman colonies were military 
establishment^) designed to maintain or extend their conquests; a^d their 
agrarian allotments, to disbanded veterans and discontented and damorous 
citizens, partook of the same character. Commercial motives seem rarely 
to have bler^ded with the policy of these haughty conquerors* Such, also, 
in more recent days were the coloiues of the Normans, in England, Fraiicq, 
and the south of Europe; of the EQgli9hj in Ireland and Indostan; of the 
Portuguese and Dutch in either India; and of a portion of the Spanish sMe* 
ments in the New World. , 

In general, the civil colonies of the ancients were independent of the au- 
thority of the parent slate ^ though, necessarily, influenced by the ties of cha- 
rity which connected them with her. But, modem history, we believe, 
furnishes no instance of a cobny independent in its inception; 'unless the 
short-hved religious communities of the Jesuits, in America, and of the Mo- 
ravians in the northern parts of Both continents, be so considered. T)ie co- 
lonies of the western hemisphere were, generally, commenced under the sanc- 
tion of, and in dependence upon, some European state. Even the ascetic 
Browqists, in their torpid settlement of New Plymouth, began their labours 
under the auspices of James L of England: and though for some years, 
they were unnoticed by the ci*own, they claimed and enjoyed the protection 
due to English subjects. 

The colonization of America was prompted and direct^ by various pas- 
sions. The Spaniards and Portuguese were inspired by visions (ff sudden 
wealth, by the love of that fame which chivalric adventure gave, and by an 
apostolic desire of spr^ding their religious faith among the heathen. The 
founders of states in the northern continent, were actuated by more 9obert 
but not dissimilar views. Raleigh and his associates sought wealth and 
reputation, by extending the power and fame of their mistress -and their 
country; and the provincial prq)rietaries, holders of large grants from the 
crown, were excited by ambi^on and fivarice ; which in Calvert and Penn^ 
at least, were blended wUh a noble ^ philanthropy, delighting to assure reli- 
gious and civil liberty to their associates and their successors. The sub- 
grantees and settlers who subdued ftie wilderness, came with greiat diversity, 
of purpose. Many fled from religious, some, from political persecution; but, 
the larger portion was induced by that well founded hope of ameliorating the 
condition of themselves and their 4>osterity, which flow^ from the unrestrict- 
ed possession of a rich and virgin soil, in whose fruits they were prot^ted, 
against lawful and lawless violence. The religipus Instruction of the savage 
is a c6nditioa. of every royal grant; and afforcfed to the grantor, doubtless, a 
full extenuation of the injustice of invasion. The extensive grant of Charies 
II. to his brother, of York, was moved by political causes, and designed, 
probably, also, to reward the services of others,^ which he could not, in a 
diiferent manner, acknowledge. The immediate grantees of the Duke, were 
wise enough to see, that their interest lay in the adoption of the most libe- 
ral principles of political association, which circumstances would permit; and 
these circumstances were most favorable, to civil and religious liberty. 

The period in which the foundations of the Anglo-American colonies were 
laid, was rife with events, which sowed the indestructible seeds, an4 reared 
into strength the scions of human liberty. The integrity and infallibility of 
clerical power, had been shaken to pieces by Luth^ and Calvin; and the 
divinity of kings had expired with the unhappy Ch«urles. The religious 
contests, and the transition of power from one, religious sect to another, 

• lib. iU. c. 22. ^ 



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fflSTORY OF NEW JERSEY- 8 

had taught to Cathdic and Protestant, the advantage, if not the necessity, 
of rdigioas toleration. Letters, the cause and power of religious freedom, 
had been equally serviceable to civil Hberty ; and the great tmth which, for 
ages, had laid buried in the ruins of civilization,, beneath sacerdotal palaces 
and prisons, and the gothic gorgeousness of the feudal system, — the grc^t 
truth, that political power belonged to, and was made for, the people, 
had been rediscovered-^— was proclatrbed abroad, and had become generally 
understood among • mep-r— among Englishmen. That truth had wrenched 
the sceptre from the grasp of an obstinate and bigoted despot, .^d borne 
him to the block— had overthrown a monarchy^ anc( created a republic; and 
because of the abuse of republican forms, had again established a throne. 
Religious and political freedom were in England terms as familiar as house- 
hold wor(fe, and enforced, even from the hate of her princes, the most pro- 
^Hind respect. 

It was vain, therefore, t<T thmk of the formation of new political societies, 
without adverting to, and securing these great essentials. Kings and pro- 
prietkiies, who would establish colonies, were compelled to stipulate for 
religious toleration, and legislative power in the people. Hence, the first 
Charles, who abominated a parliament,, xequijped the proprietary, Calvert, 
* to obtain all subsidies, by the assfent of the people — hence, the second 
Charles introduced the same principle, m the grant of Pennsylvania — hence, 
they, and the Garferets, and the Berkeleys, and the minor Proprietaries, were 
compelled to their liberal charters. All were results of improvement in 
the moral condition of 6ur species, which individuals might promote, but 
could scarce retard. We are guilty, therefore, of the worst sp^ies of idola- 
try — of man-worship, when we give to individuals the praise of creating 
measures, of whifeh they could only be the servants. Our plaudits for their 
6oncurrcjice in the gOod.worit, are, however, due; and should be frankly and 
fully paid, as the just incentive to virtuous actions. 

In thia spirit, we adopt the expressions of a late writer upon coloiaal 
history; — ^** A North 'American may ffeel gratefol exultation jn avowing 
hims^ tbp native of no ignoble land — ^but of a land which has yielded as 
great an. increase of glory to God, and happin^s to man, as ^ny other por- 
tion of the worid, s^ince the first syllable of recorded time, has had the 
honour of producing. A nobler model of human character could hardly be 
proposed to the inhabitants of the North American States, than that which 
their own earlv history supplies. It is, at once, their interest and their honour, 
to preserve with sacred care, a model so richly fraught, with the instructions 
of wisdom and the incitements of duty.*"* 

No portion of the history of this great country is more filled with cause 
for this ** grateful exultation," than the State of New Jersey — none can 
boast greater purity in its origin — ^aone more wisdom^ more happiness 
in its growth. To develope her unpretending, but instructive story, is the 
6bject of the following pages ; in which, however, we tnust, necessarily, blend 
a porti<Mi of that of the adjacent states, which for half a century were identi- 
fied with her. 

II. Soon after the discovery of America, by Columbus, the Spaniards and 
Portuguese explored the northern Atlantic coast, as high as Labrador; to 
which, the latter gave its present name.^ As they approached by the West 
Indies, they may have visited the shores of the Delaware and Hudson rivers; 
but possessed of the fine climates, and richer countries of the south, they had 
no inducement to make permanent settlements in regions less attractive. 
Florida was occupied by the Spaniards, in 1512; and its boundaries, as 

* GnbaiM's Hiitory of tha American Cobnies. 

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4 HISTORY OF NEW JERSEY. 

given by the charter of Philip II. to Menendez, extended from Newfoundland 
to the 22d degree of northern l€ititude» 

III. To the genius of the Italian navigators, the world is deeply indebted, 
as well for the early exploration, €is for the discovery, of America. John de 
Verrazano, and the enterprising and skilful Cabbts, were the worthy success 
sors of Columbus and Americus Vespucius. Verrazano, whilst in the ser- 
vice of Francis I. of France, visited, it is supposed, the bay of New York-* 
It is certain, that, in 1523, he coasted the American continent, from the SDth 
to the 50th degree of north latitude, landing and communicating with the 
natives in several places ; and that by virtue of discoveries made by him, 
and some French navigators, Henry IV. gave to Des Monts, the landd lying 
between the 40th and 46th degrees of north ktitude^f The loss of Vertra- 
zano, with his vessel and crew, on a subsequent voyage, (1624) procrasti- 
nated, for ten years,, the efforts of the French to establish colonies in Ame- 
rica. The voyages and discoveries of Quartier, m ldd5, directed their atten- 
tion, particularly, to the shores of the bay and river o£ St. Lawrence. 

IV. Under the patrt)nage of Henry VII. of England, Sebastian Cabot dis- 
covered the islands of Newfoundland and St. Johns, and explored the coast 
of the continent, from the 38th to the 67th degree of north latitude.^ But no 
fruit was, immediately, derived from his labours. During the reigns of the 
voluptuary, Henry VIII., of his son, Edward VL,.and daughter, the bigoted 
Mary, no effort was mode to prosecute these interesting discoveries. It was 
reserved for the maiitime enterprise of Elizabeth's reign, to give to the 
English nation a fuller knowledge of the new world, and a proper %sense <^ 
the advantages which might be drawn from it. Encouraged by the Earl of 
Warwick, Martin Frolwsher, in three successive voyages, visit^ the shores 
of Labrador and Gr6enland.§ Sir Humphrey Gilbert^ in 1560, made two 
unsuccessful attempts to establish a colony in North America, in the last of 
which, he perished. 

V. But the fate of Gilbert did not deter his half-brother. Sir Walter 
Raleigh, alike distinguished for hia genius and courage, from pursuing the 
same object ; which, indeed, had taken strong hold ^ t;he afiSbctions of the 
principal men of the kingdom. He formed a company, under a charter, 
obtained from the queen,|] granting them all the lands tney should discover 
between the 33d and 40th degrees of north latitude. Two vessels deMwitch- 
ed by themi under captains Armidas and Barlow,** visited Pamptico Sound, 
and Roanoke Bay; and on their return, reported so favourably of th? -beauty 
and fertility of the country, that the company were Excited to new exertional 
and Elizabeth gave, to the newly discovered region,,the name of Vurgima^ as 
a memorial that it was discovered in the reign of a virgin queen. But the 
subsequent efforts of this company proved abortive. A cotony was, indeed, 
planted at Roanoke, in 1685; but, having been reduced to distress by the 
delay of supplies, they returned to Europe, in the following year, with Sir 
Francis Drake ; who touched at their island on his way home, fipom a suo» 
cessful cruise against the Spaniards. Undiscouraged by this ill (Success, 
Raleigh despatched another colony to the same place, undbr the direction of 
captain John White,tt which perished by famine, or the sword of the nathres; 
having been deprived, by the preparations of the Spaniards^ €ar invading 
England, of the succour which White had returned to seek. 

• Dr. MiUer*B Discourte, 1 vol.— N. Y. Historical Collection. 

f 2 Hackluyt*8, 1. N. T. Historical Colleetiod. yt^iUiamson's History of North 
Carolina, vol. i. 15. Mbaltoii's History of New York, vol. i. 134. 

X 1498. A Mr.' Hare b said to have followed Cabot, and to have hrougfat to Henry 
VlII, opme Indians from North America. 

S Itv 1576, 1577, 1578. || 96th March, 1584. - Sailed, 27th AprU, retomed, 
15th September, 1584. ft March, 1590. 



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HISTORY OF NEW JERSEY. 6 

VL Between the ^ears 1500 and 1^3, the English do not appear to have 
made any voyage for the purpose of settlement* In the latter year, Bartho- 
lomew Gosndd, abtodoning the circuitous route hitherto pursued by all navi- 
gators, discovered, by steering due west, a more direct cqurse to the northern 
continent. He visited,, and gave names to Cape Ckxl, and the islands of 
Elizabeth, and Martha's Vineyard; and taught his countrymen, that there 
w^re many attractions,* far noxth of the lands they had attempted to colonize. 
His &voi(rable reports, at first disbelieved, ^were confirmed by persons who 
sailed, thither, in the service of some merchants of Bristol, the Earl of South- 
ampton, and Lord'Anmdel, of Wardour.- By the zeal of Richard tiackluyt, 
prebendary of Westmin^ervto whom England was more indebted than to 
any man of his age, for her American possessions, ap .^eussociation, em- 
bracing, men of rtok and men of business, was formed, with a view to 
oolcmization.* 

To ^this company, James L, on the 10th of April, 1606, granted letters 
patent, dividing that portion of the c(Hitinent which stretches from the 34th 
to the 46th degrees of north latitude, into two, nearly equal, districts. The 
one, called the Urst, or south coloily of Virginia, was allotted to Sir Thomas 
Oiates, Richard I}ackluyt, and tl^ir associates, mostly residents of London ; 
the other,' to sundry knights, gentlemen and merchants, of Bristol, Plymouth, 
and other parts of tha west of EnglatkL Each company was Empowered to 
appropriate to itself, My miles each way, along the coast, from the point of 
its setdemeot, and one hundred miles of interior 63rtent% Froi^ tho places at 
which the colonial councils were respectively e^ablish^ were derived the 
titles of the Liondon ^ Ply^K)uth €olociies.t 

Under this and another charter, to the Plymouth conqiany, given in 1620, 
whose provisions were not the most friendly to political freedom, nor the 
best adapted to promote the objects for which they were deagned, the per- 
manent settlement of Virginia and New England was coounenoed and pit)- 
secuted. - It forms, however^ no part of our present plan, to trace the various 
fiurtune whic^^ttended their growthy from weak and sickly plants, to deep- 
Hoofed and ^^^^ecttLtrees. 

VII. Th^^Bo^^pvering a north-west passage from Europe to Asia, 
Which no disl^^n^^Vseems to have power to j^tinguish^ was the motive 
of several voyages mi^by Heni^ Hudson, a distinguished English mariner. 
In his third voyage, failing to open a northern roCHe, he exploit the easteien 
coast of America, with the view, of determining, whether a passage, to the 
Pacific Ocean, might not be found through the continent, j: He ran down the 
coast, from Newfoundland, to d5^ 41', ncMthem latitude; and returning by 
the same course, entered the Delaware bay, on the 28th of August, 1609, — 
but finding the water -shoal, and the channel impeded by bars of sand, he 
did not venture to exptore it. Following the eastern shore of New Jersey, 
he anchored hid ship, the Half-Moon^ cm the 9d of Septemiber, within Sandy 
Hook. He spent a week in' examining the neighbouring shores, and m 
> comnmnication with the natives ; during which, one of his seamen, named 
John Coleman, was- killed, The boat in which .he and several others had 
passed the Kills, between Bergen Neck and Staten Island, bemg attacked by 
two canoes, carrying twenty-six Indians, the unibttunate sailor was shot, by 
an arrow, through tibe throat Thus it ^ould seem, that in the intercourse 

* 2 P.urohas, 5. Belknap's Amerioc^ Biegnphy.'-N. A. R., (new eeiieB) vol. ti. 
p. 30. 

f Modem Univenal Hiitafy, vol. xzz. Hazard's St»te Papers, 1. Stith, Beverly, 
Robertson. 

t Voyaires undertakMi by the Datch East India Company. Hudson's Jenniil. 
Pnrchas, I— N. T. Hist. Col 81, 162. ^ 



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6 HISTORY OF NEW JERSEY- 

between the Eurq)ean and Indian, in tins pert of America, the Indiaii 
committed the first homicide. The shoces of the Delaware and Raritan 
bays were, probably, the first lands oi* the middle States tAdden by Eki- 
ropean feet; 

On the 12th of September, Hudson entered NewT<H-k Bay, through the 
Narrows. He spent the time between that day and the 19&i of Uje same 
month, in exploring the North river^* He ascended, with his ship, as high 
as the spot where the city of Albany now stands; and his boat proceeded to 
the sites c^ Waterford and Lansingburg. The decreasing vohjme of the 
stream, and the shoals which obstructed his further way, depriving him of 
all hope of reaching the Pacific Ocean by this route, he prepared to retrace 
his steps. Commencing his return on the 22d of September, he slowty de* 
scended the river, and on the 4th day of October, put to sea. He reached 
England on the 7th of Novembeu, 1609. His vessel, and part of the crew, 
returned to Holland; but the jealousy of the king, James tho'First, forbade 
him, and his English sailors, to revisit that country.f 

In the following year, Hudson Wintered the service of the London com- 
pany, in which he had made his two first northern voyagess; designing to 
fleek again, a north-west passage, through Davis' Straits; but his crew 
mutinied, and abandoned himj his only son, and" some half-doz^n of his 
men, who continued faithfiil, to perish amid the fields of ice, in the vicinity (^ 
the bay which bears his name.f 

Whilst in the North river, Hudson had much intercourse wkh the natives. 
Near the coast, they were fierce and inimical— at ^ distance from the sea, 
mild and hospitable. But the suj>erior power of the Euix)peans was exer- 
daed upon fr^d aad foe without mercy« Of the fonner, one was shot to 
death, for a petty theft — and of the latter, nine were more deservedly slain, 
in an attack which they made upon the vessd. The first- visit of the white 
man, therefore, to the shores of the Hudson, was signalized by the vident 
death often of the aboHginal inhabitants. 

YIII. The Dutch £W India Company, although dis^^ted in the 
main design of Hudscm's voyage, found irk the fur Mde l^^^ppened, suf- 
ficient inducement to cherish commercial intercoj^^^i^^V Americans. 
A second voyage, under their authority, in 161€^^Kn^^iccessful, was 
repeated; but the competition of private adventure^^educing their profitsr, 
they endeavoured to monopolize the trade, by a decree of the States-Gene- 
ral, granting to all persons who had discovered, or might discover, any bays, 
rivers, harbours, or countries before unknown, the right, beside other ad- 
vantages, to the exclusive trade thejf^in, for four successive voyages^ Udder 
this ^ct the Amsterdam Licensed Trading West India Company was 
formed ; proposing to maintain the acqinsitions on the Hudson and to expk>r8 
the circumjacent country. 

In the service of this company, Adrian Blok and Kfendrick Christianse 
sailed in the year. 1614. Blok arrived first at Mannahattan, where, his ship 
having been accidentally burned, he built a small vessel, ^th which he * 
passed into Long Island Sound. He fell in with Christianse near Cape Cod. 
Together, they discovered Rhode Island and Conneteticut river; and proceed- 
ing to Mannahattan Bay, they erected a fort on Castle Island, and four dwell- 
ings on the Greater Island. In the preceding year, a small trading house 
was built upon an island below Albany; and in the following, a redoubt was 
thrown up on the right bank of the river, probably, at the preset Jersey City 

* Hudson's Journal. See Note (A.)— Appendix. ' 

f Lambrechsten, Moulton, Ebelmff. X Junib 91, 1611. 

i De Lset, March 87, 1614; or asit is said 1611« 1612. Moulton, 840. 



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HISTORY OF NEW JERSEY. 7 

\^ 

Point** The most impcHrtant e^^ent of thb period, however, was the alliance 
by formal treaty, between the Dutdi and the Five Nation confederacy of In- 
dians ; at the Cix^cution of which, it is supposed, the Lenape tribes were also 
present, and by the united instances of the Dutch -and Iroquois, consented to 
the fatal assunoption of the 6hara,cter of the woman, ih the manner we shall 
narrate hereafter-f 

. The Hollanders, directhig their efforts at colonization, to their^ Asiatic, 
African: and South Aitierican, possessions, and restraii^, perhaps, by the 
claim of the English, to the greater part of North America, had hitherto.made 
Uttle eiSbrt to people the shores of the Hudson. It has been asserted, how- 
ever, that between the years 1'617 and 1620, settlements were made at Ber- 
getky in New ^r^ey, in the vidnage of the Esopus Indians, and at Sdiei^c- 
tady ; and it would seem, that Sir Thomas Dale and Sir Samuel Argal, 
in the year 1614, returodng from 'an expedition against the French at 
Acadie, visited Mannahattan, and compelled the Dutch to acknowledge the 
English litlej and tb contribute to the. payment of the expenses of their 
voyage. It would further seem, from the authorities cited m the margin, 
but which should be i^eceiVed with some allowance, that in 1620, the Dutch 
West Indian Company, upon application to James the First, of England, 
obtained leave to build some cottages upon the Hudson river, for the con- 
venienee of the ships, touching there ibr Fresh- water and provisions, in 
their voyage to Brazil; under colour of which license, the coftnpany esta- 
blished a colony ; and that, upon complaint to Charles J. of these proceed- 
ingsj, he remonstrated with the States-General, who disowned the acts of the 
company.^:, 

I A. But, although the Dutch did not immediately, themselves, colonize the 
New Netherlands, (the name given- to the coimtry from the Delaware Bay to 
Cape Coct,) they were well disposed to aid others in such design ; encouraging 
the Puritans, who, under the care of the Rev. John Robihson, had 6ed to the 
low countries fron) England, to seek a sale and more commodious asylum in 
the New World ; notwithstianding these -sectarians avowed an intention to 
preserve theiji^n^onal character, and to hold the title for the lands they 
should inhabit jadepen^Bnoe 6n the English government. This serm of 
the Plymouth cotonyv p^itflted in 1620y was designed for the country between 
New York Bay and the western line of Connecticut. But the season at 
which th% adventurers arrived on the coast, adverse winds and currents, with 
the discovery of a portion of the country, whence the ab(»rigines had been 
lately swept, providentially, as the pilgrims supposed, by pestilence, induced . 
them t© land at a plaoe^ they termed Plynjouth.^ The all^tion, therefore, 
that Capt. Jones, with whom they sailed, had faithlessly, in consequence of 
a bribe' from the Dutch, landed them at a distance from the Hudson, is not 
entitled to crodence. 

X. In 1621 the great West India Company was formed in Holland, and 
endowed with the wealth and power of the States-General. The Licensed 
Trading Company which had hitherto Conducted commercial operations in 
the Hudson, confining themselves to one river and a small portion of the 
coast,. was mei^ed* in the new company, t<5 whom we may properly ascribe 
the first eflbrf s of the Dutch to plant colc«ies in North America.l| 

They immediately despatched a number of settlers duly provided with the 
means of subsistence, trade^ and defence, under the comniand of Cornelius 

* De Laet, Moolton. ^ t Heckewelder. 

X Beaacbamp PkntaffeaefB desoription of New Albion — Moulton— Britiah Empire 
in America— Ogilby'i America— Elizabethtown Bill in Chancery. 

i Robertson: Dudley's tetter. Moulton. 
See charter of thii company in Hasard's Col. 



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8 fflSTORY OF NfiW JERSEY. 

Jacobse Mey ; who, with more enteiprise and industry than his predecessors, 
visited the coast from Cape Cod to the Delaware river, where he proposed to 
establish his own residence. He called the bay of New York, Port May; 
that of the Delaware, New Port Kay ; its northern cape, Cape May ; and ita 
southern. Cape Cornelius. He built Fort Nassau at Techaachoy upon Sas' 
sackon, now "nmber Creek, which enipties^ into the Delaware, a few miles 
below the city of C&mden. During the same year the forte New Anuterdtum 
and Orange, were also elrected upon th<5 sites, of the now great cities, of New^ 
York and Albany. 

The administration of the affidrs of New Netherlands, was committed to 
Peter Minuit; with whom came a colony of Walloons, who settled, 1624-5, 
at the Walbooht, a bend of the Long Island shore, opposite to New Amster- 
dam. In 1626, Minuit opened a friendly and commercial intercourse with 
the Pl)rmouth pilgrims ; and prosecuted the fur trade with great advantage 
to the compemy. . , 

XII. In 1629 the West Indiar Company encteavoured to excite individual 
enterprise, to colonize the country ; granting by charter to the pcUroon or 
founder of a settlement, exclusive property, in large tracts of land, with ex^ 
tensive manorial and seignorial rights.* Thus encouraged, several of the 
dir^tors, for whose use, probably, the charter was designed, among whoni 
Goodyn, Bloemart, Pauuw atid van Renselaer were most distinguished, 
resolved to make large territorial acquisitions; and they sent out Wooter Van 
Twiller, of Niewer Kerck, a derk of the Amsterdam department, of the com- 
pany, to assume the mcuiagenfient of its public afiairs, and to select lands for 
the individual directors. 

One of the three ships which came over in 1629, visited an Indian village 
on the south-west corner of Delaware Bay; and the agents on board, pur- 
chased from the three chiefs of the' resident tribe, in behalf of the Herr 
Good3m, a tract of land, "extending from Cape Aenloopy in length thirty- 
two, and breadth two, English miles. In the succeeding year, several other 
extensive tracts were purchased; for Goodyn and Bloemart, of nine Indian 
chiefs, sixteen miles square, on the peninsula of Cape May ; for the director 
Pauuw, Staten Island, and a' large plat on the weB^rn side of the Hudson, 
in the neighbourhood of Hoboken ; and for Van Renselaer, a considerable 
territory, along the Hudson, in the vicinity of Fort Orange.^ The impc^y 
of these grfeat and exclusive appropriations was, subs^uently, discovered 
and oondemned; and their ratification seems to have been obtained, only, by 
admitting other directors to participate in them. 

XII!. In prosecution of their plans, these directors formed an association, 
to which they admitted, on equal terms, David Pieterson de Vries, an expe- 
rieoced and enterpri^ing navigator- Their immediate object was to colonize 
the Delaware river, to plant tobacco and grain, and to establish a whale and 
seal fishery. The command of the vessel appointed to carry out Ae colo- 
nists was given to tie Vries; who M the Texel on the 12th Dec 163Q, and 
arrived in tl^e Delaware bay in the course of the winter. The coimtry was 
deserted by the Europeans, who had preceded him. Fort Nassau was in 
possession of the Indians 5 Captain Mey having lefl it, bearing with him the 
affectionate regrets of the natives, who long -cherished his memory. D6 
Vries selected a spot for his settlement, on Lewis Creek, called by the Dutch, 
on account of the prostitution of the Indian women here, Hoornekill; where, 
unimpeded hy the season, which was uncommonly mild, he erected a trading 

* See the charter in Moulton's History of New York. 

t See Moulton's History of New York. The territory of (roodyn was denominated 
8w«Bwendael ; that of Pauuw, Favonia; and that of van Renselaer, Renselaerwick. 



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HISTORY OF NEW JERSEY. « 

house and fort, givii^ it the name of Oplandt. The whole plantation, within 
Goodyn's purchase, extended to the Little Tree Corner or Boompjes* Hoek,* 

Returning to Holland, he continitted his iafent colony to the care of one 
Giles Osset; who, in evidence of the claim and possession of the Dutch, set 
up the arms of the States^General, painted on tin, upon a column, in some 
conspicuous station. An Indian, ignoi^t of the object of this exhibiticm, 
appropriated the honoured symbol tp his own use. The folly of the com- 
mandant construed the trespass into a grievous national insok, 'and he be- 
came so importunate for redress, that the harassed and perplexed tribe 
brought him the head of the offender. This was a result which Osset had 
neither wished nor foreseen, and. he should justly Ik^ve dreaded its conse- 
quences. In vain he reprehended the severity of the Indians, and assurekl 
them that had they brought the delinquent to him, be would have suffered a 
reprimand only. Though the death of the culprij had been doomed and 
exe<iuted by hiis own, tribe, they beheld its cause in the exaction of the 
strangers, and with the vindictiveness q{ their character, sought a dire retri- 
bution. At. a season when the greater part of the garrison was engaged in 
field labour, distant from the fort, the Indians entered it, under the pretence 
of trade, and murdered the unsuspicious Osset with the single sentinel who 
attended him. Thence, proceeding to the fields, they massacred every other 
colonist, -whilst tendering to them the usual friendly ^lutations. Tms con- 
duct, with its extenuating circumstances, as related by the atjorigines them- 
selves to De Vries, is sufficiently atrocious ; but it is highly probable, that 
the desfa^ of the white riian's wealth was as powerful a stimulant to violence 
as the thirst for vengeance. 

In December, 1632, De Vries returned from Holland, to mourn oyer the 
unburied bodies of his friends, and the ashes of their dwellij]^. Attracted by 
the firing of cannon, the savages approached his vessel with guilty hesitation; 
but at length, summoned courage to venture on board, and to detail the cir- 
cumstances we have narrated. , The object which De Vries had in view, led 
him to seek reconciliation ; and he was compelled to pardon, where he could 
not sfifely punish. He formed a new treaty with the Indians ; and in order 
to obtaip provisions, ascended the river above Fort Nassau, where he liar- 
rowiy escaped from the perfidy of the natives. Pretending to comply with 
his request, they directed him to enter Timmerkill or Cooper's Creek, which 
fiimished a convenient place for a^ack ; but, the interposition of an Indian 
woman, so oflen recorded in favour of the whites, saved him horn destnu> 
tion. She warned him of the design of her countr3Tnen, and that a crew of 
a vessel (supposed from Virgmia) had been there murdered. In the mean 
time, Fort Nassau was filled with savages, and on the return of De Vries, 
forty boarded his vessel, whom he cornpelled to retreat ; declaring that the 
Manitou or Great Spirit, had revealed their wickedness. But, subsequently, 
with the humane and pacific policy which distinguished him, he consented to 
their wishes of forpiing a treaty of amity ; which th^y confirmed with cus- 
tomary presents, declining his gifts, however, saying, that they did not now 
give with the view of a return.f Disappointed in obtaining provisions, De 
Vries, leaving part of his crew in the bay, proceeded to Virginia; where, as 
the first visiter from New Netherlands, he was kindly received and his wants 
supplied. Upon his return to the Delaware, finding the whale fishery un- 
successful, he hastened his departure, and with the other colonists proceeded 
to Holland, by the way of Fort Amsterdam. Thus, at the expiration of 



* Corrupted into Bombay Hook. De Vries, Moulton. 
t Pe Viiei* Journal. Aloolton. 

B 

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10 HISTORY OF NEW JERSEY. 

twenty-five years from the discorery of the Delaware Bay» by Hudson, not 
a single European remained upon its shores. 

XIV. It is possible^ however, that the Minisink settlements on the river, 
above the Blue Mountain, were made at or near this period. They extend 
forty miles on both sides of the river, and the tradition, as rendered by- 
Nicholas Depuis, a descendant of an original settler is; " That, in some fbr- 
** mer age, there came a company of miners from Holland, supposed to have 
" been rich and great people, from the labour they bestowed in opening two 
^ mines — one on the Delaware, where the mountain nearly approaches the 
" lower point of Pahaquarry Flat, the other, at the north foot of some moun- 
" tain, half-way between Delaware and Esopus ; and in making the mine 
** road from Delaware to Esopus, a distance of one hundred miles : That 
" large quantities of ore had been drawn upon this road, but of what meted, 
'< was unknown to the present inhabitants: That, subsequently, settlers 
" came to the Minisinks from Holland, to seek an ^ylum from re%ious per- 
" secution, being Arminians: That they followed the mine road to the large 
" flats, on the Delaware, where the smooth cleared land, and abundance rf 
" large apple treesy suited. their views, and they purchased the improvements 
" of the Indians, most of whom, then, removed to the Susquehanna : And thet 
" the new settlers maintained peace and friendship with such as remained, 
" until the year 1.755."* These settlements at the Minisinks were unknown 
to the government of Pennsylvania until 1729. 

XV. It has been €iffirmed that the Swedes established a colony on the 
Delaware, in the year 1627, or 1631. This is an error, arising from the 
historian having mistaken the will for the deed; inferring that a colony had 
been establish^, immediately afler the proposition for ferming it, had been 
published in Sweden. The design had, indeed, been fondly encouraged by 
Gustavus Adolphus, but was not effected during his life. This prince fell at 
Lutzcn, in 1632 ; and several years dapsed, before the ministers of his 
daughter, Christina, gave encouragement to the enterprise. The success of 
the Dutch West India Company had excited the Swedes to form a similar 
association, ^hose operations should extend to Asia, Africa, and America;—, 
and William Usselinx, or Usseling, a Hollander, who had b^en connected 
with the Dutch company, obtained the consent of Gustavus, to this measure.^ 
Designing to plant a colony on the Delaware, he prepared and published 
articles of Association for that purpose, accompanied with a descripticm of 
the fertility of the soil, and the commercial advantages of the country. The 
king, by proclamation, exhorted his subjects ]to unite with the company,^ 
and recommended its plan to a diet of the States, by whom it was confirmed.^ 
Persons of every rank, from the king to the hind, engaged, in the. scheme. 
An, admiral, vice admiral, merchants, assistants, commissaries, and a mili- 
tary force, were appointed, and the association received the name of the 
South Company; — ^but the intervention of a German war, suspended its 
operations. II ^ 

From 1638 to 1637, no effort was made by any European p6wer, to peo- 
ple the banks of the Delaware, unless during this period, Sir Edward Ploey- 
den, commenced his ephemeral palatinate pf New Albion. It is probable, 
however, that the Dutch visited the river, with a view to trade, and, occa- 
sionally, spent some time at Fort Nassau. That, they vigilantly observed 
the approach of other nations to these shores, is obvious, from the prompti- 

* Letters of Samuel Prevton, of Stockport, June 6th, and 14th, 1808, published in 
the Register of Pennsylvania^ Vol. i. No. 28,— July 12, 1828. 

t 21si Deotmber, idM. I July, 1626. § 1627. H Campanius, AureUns, 
Molton. 



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HISTORY OF NEW JERSB^. 11 

tiide of their nmoostranoes agadx^ the subsequent attempts of the English 
and Swedes. 

The Swedish project, so far as it relates to colonization on the Delaware, 
was, at length, revived by the Dutch ex-governor, Minuit, (who had been 
superseded by Vouter van Twiller,) und^r the immediate authority of the 
Swedish goyermpent. In 1037 or i6j88, ^ expedition, consisting of the 
Key of Caiman, a ship of war, and a transport named the Bird- Grip, 
(Gryphen) <^rr3ring a clergyman^ an engbeer, and many settlers, with 
neoessanr provisions, and merchandise for trade with the Indians, sailed 
under MinuitV dommaBd.* The emigrants landed at Inlopen, the inner 
cape on the western ^ore of the Delaware bay, to which they gave the name 
of l^radise Poiht — mor^, we must conjecture, from the pleasant emotions 
caused by the sight of any land, after a long sea-voyage, than from the 
beauty or fertility of the spot. They opened communications with the 
natives, on the hay and river, and purcnased the soil, on the western 
•shore, from the capes, to the fhlls at Sanhikanty below the present city of 
TrenKm. 

Soon after, in 1688, they laid the foundation of the town and fort of 
Christina, on a site called by the natives jHapoAoeeon, north of the Minqudiy 
or Suiipeeough creek, and a short distance above its mouth, f Not a ves- 
tige of this fort or town remains ; but a plan of both, dra^^ by the oigineer, 
LindstKmi) has been preserved by Campanius. In 1747, during the war of 
England against Franee and Spain; a redoubt was thrown up at this spot; 
aod at the distance d* three feet below the surface, a Swedish coin of Chris- 
tina was found, ank)ng axes, shovels, and other implenaents.:^ 

The author of Be^crymnge wm Netherlands^ asserts^ that Minuit entered 
the Delftwaie^ under pretence of proCurihg refreshment, on his way to the 
West Indies, but tetrayed the deception, by. erecting this fort. The Dutch 
soon discovered the intruoon ; and Kieft, who^ about this time had succeeded 
Van Twiller, AS' governor of New York, remonstrated with Mmuit, by letter, 
elated. May 0th, 1688,; asserting, that the whole South- river o^ New Nether*- 
knds^ had beep in possession of the Dutch, for many years, above and below 
Christina — haA been studded by Ibfrts, and sealed with their blood. This 
remonstrance was unreasonable and unwarrantable, if, as Campanius asserts, 
the Swedes had, ih 1631, pun^hased the right of the Dutchr < The allegation 
of purchase, may have iiuiuoed forbearance on the part of the Dutdi au- 
thorities, but did not <kter them from erecting a fort soon after, at the 
Hoarkllls. 

During the year 1640, several amipanies of emigrants departed fipom 
Sweden, for the new world. Among the documents ob^tined from the 
Swedish records, by Mr. Russel, minister from the United States, at Stock- 
hohn, we find, dated, January 34th, 1640, a passport to caj^ain Jacob Pow- 
^son, for a vessel under his command, named Fredenburg, laden with men, 
cattle, and other thhogs, 'necessary for the cultivation of the country, depart- 
ing from Holland to America, or the West Indies, and theie establishing 
himself in the country called New Sweden. Two others were issued in 
blank, for other captains snA their vessels. We learn, also, from a letter of 
the saine date, addressed by the Swedish ministers to the commandant^ or 
coramiflsary, and other inhabitants of Fort Christina, in New Sweden, that 
permisooii Jiad been granted to Gothbert de Rehden, William de Horst, 
and Fenland,^and those interested with them, to send out and establish a 

* BeflciTvinffe van Virginie, De Laet^ Aoreliufl. 

t Swedish H88. Records, conimimicattd by the Rev.'Kichohui Cdlin. 

t Kalm's Tnrrek. 



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12 fflSTORY OF NEW JERSEY. 

colony on the north side of the South river. In a charter, <»* grant and 
privilege, as it is termed, of the same date, to this company, the name of 
Henry Hochhanmer, is substituted for that of Lieutenant Horst. From this 
instrument we derive the Swedish principles of colonization. An indefinite 
quantity of land is given to the company-^-at least four German miks^ 
(about 15 English) from Fort Christina, in allodial and hereditary property; 
they paying to the crown of Sweden, three florins of the empire, for each 
family established upon their territory. The comply is empowered to 
exercise, within their district, high and low justice ; to ibund cities and vil- 
kges, and communities, with a certain police, statutes and ordinances — to 
appcHnt magistrates and officers, and to take the title and arms of a provinoe 
or c(Aony ; conforming themselves, in the use of these rights, to the principles 
directing the ordinary justice of fiefs. Reservation is made of fiiU sove- 
reignty to the crown; and, especially, of appeals to it, and the governors 
establiished by it, whose approbation was necessary to all statutes and ordi- 
nances. Besides the Augsburg confession of faith, the exercise of the "pre- 
tended rdhrmed*^ religion was penhitted, in such manner, however, that those 
who pro&ssed either, should live in peac6, abstaining from every usdeas 
dispute, from all scandal, and from all abuse. But the patrons of the colony 
were obliged, at all times, to maintain as many ministers and scHooUnasUrs 
as the number of i)a^habitants should require; and to choose for this'purpose, 
persons who had at heart, the conversion of the pagan inhabitants, to Chris- 
tianity. 

Permission was given to the colonists to engage in ev^ry species of mano- 
factare and commerce, in and out of the country ; in vessels, however, which 
shoi^ld be built in New Sweden. Gottenburg was made the depot for all 
merchandise transported to Europe; but merchants were not required to 
pass the Soundj when destined to some other part of Sweden. Entrance to 
foreign ports, however, was prohibited, unless m -case of necessity ; and evetii 
in such case, merchants were required to repair to G6ttenburg, to account 
for such entry, and to pay duty on merchandise, they might have sold else- 
where; and to equip their vejssels anew. The colcMusts were exempted, for 
ten successive years, frotn every species of impost; but, after th^ period, 
were required to pay, in New Sweden, a duty of five per cent, on all im- 
ports, and exports, and such fiirther charges as the expeiises of govemmaK, 
there, might require. The discovered of minerals, precious stones, coral* 
crystal, marble, a pearl fishery, means for making salt, or other like things, 
was permitted the unrestricted use thereof, for ten years, and to enjoy, sub- 
sequently, a preferable right to possession, under an annual rent. Pro- 
tection was promised to the colonies, in consideration whereof, fealty and 
allegiance were exacted* But the government expressed the desire, that the 
colonists and their posterity might be always exempt from enrolments and 
compulsory military service. Confiscation of property was prohibited: and 
fines, whatever might be the ofifence, were limited to forty rix-dollars; every 
other spedes of punishment, according to the quality of the ofilence, was Ire- 
served to the. crown. And as the patrons of the colony designed, in a few 
3rears, to trani^rt other and more considerable cdonies, Uberty wa6 given to 
ship, directly from Holland, whatever they mi^t require. 

Whilst the arrangements for this colony were in progress, due care was 
had, by the ministry of Sweden, for the scion they bad already planted. One 
Jost de Bogardt wa^ nominated, rc^her as an- agent and superintendent of 
the colony of Christina, than as governor. He engaged, by an obligation, 
called the counterpart of his commission, to be faithful and subject to her 
majesty; " and notitoly to aid, by his counsel tmd actions, the persons who 
are at Fort Christina, and those, who may be afterwards sent there firom 



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HISTORY OF NEW JERSEY. 13 

Swed^i, but to employ hi9 exertioDs to procure, as occasion may present^ 
whatever will be most advantageous to her Majesty and the crown of Swe- 
den ; and, moreover, not to su^r an opportunity to pass of sending infor- 
tnation toi Sweden,* which may be useful to her Majesty and the crown." 
The reward of these services was stipulated to be two hundred rix-dollars 
per annum. 

XVL The country, which had been settled, appear* to have been pur- 
chased, chiefly, by an association called the Navigation Company, who, en- 
joying the soil, submitted to the political direction of the crown. John Printz, 
a colonel of cavalry in the Swedish service, was Appointed governor. His 
commission bears date August 16, 1646. His instructions charge him to 
preserve amity, good neighbourhood, and correspondence with foreigners, 
with those who depend on his government, ajwi widi the natives of the coun- 
try ; to render justice withbut distinction, so that there shall be injury to no 
one; and if any person behave himself grossly, to punish him in a conve- 
nient manner ; and as regards the cultivation of the country, in a liberal 
manner to regulate and continue it, so that the inhabiteints may derive from 
it, their honest support, and even, that, commerce may recdve from it a sen- 
sible increase. . As to himself, he was required so to conduct in his govern- 
ment, as to be wilUng and able, faithfully, to Answer for it before Grod, be- 
fore the Queen and every brave Swede, regulating himself by the instruc- 
tions given to him. These instructions, remarkable for their simplicity, re- 
miod us of the patriarchal era, to which the state of New Sweden, had some 
resemblance. The salary assured to the governor, Was 1200 rix-dollaro 
per annum; a portion of which, at least, was imposed on the colony m 
a tariff of compensations, which gave to the governor 8d0 rix-dollars; 
(hoU firom excise and half in silver;) to a lieutenant governor, sixteen 
dollars per month; a sergeant major ten, a corporal six, a gunner eight, 
trumpeter six, drummer five ; to 24 soldiers, four, each ; to a paymaster ten, a 
secretary eight, a barber ten, and a provost six. We must not infer from 
comparison of the wages of the secretary and barber, that the latter was the 
most valued though the most appreciated. The first had, doubtless, the most 
honour, though the second, had a greater compensation in base lucre. 

Onihe 16th Febniary, 1642-3, Printz, aocompcmied by John Campaniusr, 
a clergyman and subeecjuedt historian of New Sweden j with many emi- 
grants, on board the ship Fame and Transport Swan, arrived in the Delf^- 
ware. The governor established himself on the island of Tennekangj cor- 
rupted into, Tirdcum; which, in Nov. 1648, w^ granted him by the Queen 
Christina, in fee; where he built a fort called New Gottenburg, a convenient 
dwelling for himself, denominated Printz Hoff or Printz Hall, and a church, 
which was consecrated in 1646. Around this nucleus, the principal settlers 
reared their habitations. Pursuant to his instructions, he recognised the 
right of the aborigines to the soil, confirmed the contract made wi£ them by 
Aunuit, for land fronting^the river, from the Cape to the Falls, and extending 
inland, flO fiir^ as the necessities of the settlers should require. He refrained 
fi!om every species of injury to the natives; cultivated their favour by a just 
and reciprocal commerce, suppl3ang them with articles suitable to their 
wants, and employed all firiendly means to win them to the Christian iaith. 

The result of these measures was such as they should have produced. The 
savaee was disarmed by respect and gratitude; for, when the prints from 
the Swedear were discontinue, and councils were holden by the discontented, 
to weigh the fate of the strangers, the old and wise expatiated on their bene- 
volence and justice, and assured the yoimg and violent, that no easy con- 
quest, would be made, of men, who, whilst cherishing tH^arts of peace, were 
armed with sworcb and muskets, and guarded by vigilance and courage* 



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14 HISTORY OF NEW JERSEY. 

The ire. of the Indians on one occaskMi^ it seems, was particularly directed 
against the pastor, who speaking alone, during diyine service, was supposed 
to exhort his audience to hostility against them.* 

XVII. Before Printz lefl Sweden, it was known that an English colony 
had alighted on the eastern shore of the Delaware; sixty persons having 
settled near Qijtsessingy Assamohocking, Hog or Salem Creek, at the cloee 
of the year 1640, or commencement of 1741, who were, probably, pioneers 
of Sir Eklmund Pioeyden, or squatters from the colony of New Haven. The 
Swedes purchased all the lands from Cape May to Narriticcn or Raccoon 
Creek, for the purpose of bringing the English under their dominion ; and 
Printz was instructed, either to attach them to the Swedish interests, or to 
procure their removal without violenccf He disregarded his instructions 
on this occasion, since, we are told, thcit the Dutch and Swedes united to 
expel the English ,* and that the latter, assuming the task of keeping out the 
intruders, seized their pbssessioKis, and erected a fort ; which they called E^lfts- 
burg or Elsinborg4 But, Acrelius assures us, that this fort was reared in 
1651, as a counterpoise to the Dutch power, acquired by the erection of 
Fort Casimer; and that, the guns of EUinborg, compelling the Hollanders 
to strike the flag from their vessels' mast, gave mortal ofience, and was the 
cause of their subsequent wrath, so fatal to the dominion of the Swedes. Be 
this as it may, all authors 4gree, that the Swedes ilvere driven out by an in- 
vincible, and sometimes invisible, foe,' — that the moschettoes, in oountless 
hosts, alike incomparable for activity and perseverance, obtained exclusive 
possession of the fort, and that the discomfited Swedes, bathed even m the 
ill-gotten blood of their enemies, were cbmpetled to abandon the posty which, 
in honour of the victors, received the name of Motchettoesfntrg^ 

The Salem settlers were not the only Englishmen who endeavoured, at 
this time, to establish themselves in the vicinity of the Delaware. A colony 
seated under the patent of Lord Baltimore, was discovered on the Schuylkill, 
whence they were driven by the watchful Kiefl, governor of New Nether- 
lands, without difficulty. His instructions, dated 22d May, 1642, to Jan 
Jansen Alpendam, comnia]|[idant of the expedition, strongly assert the right 
of the Dutch to the soil and trade there. 

XVIII. The Swedish government anticipated, that, resistance might be 
made to their plans of colonization, by the Putch West India Company, of 
whoeo pretensions to the shores of the Delaware, they were well instructed* 
Yet, Printz was authorized to protest against their claims, supported as they 
were, by the actual possession of Fort Nassau, now garrisoned by twenty 
men ; and in case of hostile effi)rts on their part, to contend to the uttermost. 

Printz conducted the affairs of New Sweden with due discretion, receiving 
the thanks and commendations of his sovereign, whose permission he soli- 
cited, in 1647, to return to Europe. He remained in America, however, 
until 1654, when he was succeeded in the government by John Papegoya, 
his son-in-law. Papegoya had come to the Delaware with the earliest Swe- 
dish settlers, probably in 1688,' but. had rettimed to Sweden about the time 
of Printz's departure. In 1643 he revisited New Sweden, bearing letters 
recommendatory, from the Queen« to the governor, whose daughter he subse- 
quently married. He remained in the government two years ; when embark- 
ing for Europe, he devolved the administration bn John Risingh, who came 
out, a short time before this period, clothed with the authority of commissary 

* ^'The Indians fornQtimea attended the religiouc ufMmbliet of the Swedes; bat 
with eo little edification, that they expressed their amazement that one man sboul'd 
detain his tribe with such lengthened nairanffues, without offering to entertain them 
with brandy."— CffoAAiw'* Cd. Hist. 2 vol. aW. 

t Ainreluis. t Beschipriiige van Virginia. Smith's New Jene/' 



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HISTOKY OF NEW JERSEY. 15 

and oouQsellor) and continued to preside over the Swedes until they were 
subjected by the Dutch. He renewed the treaties with the Indians ; and at 
a convention held in 16^4, hoth parties engaged to preserve and brighten the 
friendly chain. The engineer Lindstrom, who accompanied Risingh, mi- 
nutely explored several portiops of the country,, con9tructed plans for some 
fort$, aided in the fortification of others, and framed a map of the bay, river, 
and adjacent territory, remarkable for its correctnesss, and curious, as giv- 
ing the Indian^names of Uie streams. A descriptive memoir, highly interest- 
ing, accompanied the map.* . 

The country on the Delaware was, for some years, holden by the Swedes 
and Dutch, in common* To the forts at Nassau and the Hoarkitls, the lat- 
ter, in 1651, added Fort Casimer, at Sandhocken, the present site of New- 
castle.! This near approach to the primitive sfeat of their American domain, 
became intolerable to the Swedes. Printz remonstrated, and Risingh for- 
mally demanded, that Fort Casimer should be surrendered to him. This 
having been refused, he manfully resolved to seize it by force or fraud. He 
approached it in seeming amity, and after firing two complimentary salutes, 
landed thirty men, whom the garrison, unsuspectingly, admitted within their 
gates. The Swedes suddenly mastered the place, seized the effects of the 
West India Company, and even compelled some of the conquered soldiers to 
swear allegiance to Queen Christina. Not even Dutch phlegm would lie 
quiet under this grievous insult. The redoubted Stuy veaant, then governor 
of N6w York, though busily engaged in restraining the encroachmenta of 
his restless mercurial, neighbours of Connecticut, resolved on instant and 
direful vengeance. 

XIX. On the 9th September, 1654, he appeared in the Delaware, with seven 
vessels, cari7ing between six and seven hundred men. He descended first 
upon Elsinborg, where the patriotism of the Swedes had again led them, in 
despite of the moschettoes, apd where it was their fate to become prisoners to 
the invaders. Next, he asailed the fort of the Holy Trinity, and having 
landed and intrenched his force, demanded its surrender, threatening, in case 
of refusal, the utmost extreme of military severity. Whether the fort were 
taken by storm, or surrendered upon cajntulation, history has, with repre- 
bensive carelessness, omitted to state : but certain it is, that the Dutch, also, 
became masters of the Holy Trinity, and striking the Swedish colours, gave 
from the towerinjg flag-staff, those of the States-General, to the breeze. Qn 
the 16th, the fleet anchored in front of Fort Casimer, then commanded by 
Sven Scutz, or SchUte, who, in reply to the sununons, asked leave to con- 
sult his superior, Risingh ; which beinc denied him, he yielded, upon most ho- 
nourable terms ; marching forth in military pomp, and retaining, not only the 
arms of his troops, but the battery of the fort. The stronger fortress of 
Christina was held by Risingh, in person; but even he, unable to resist. the 
invincible Stuyvesant, submitted on the 25th of September; and the fall of 
New Gottenburg, with its fort, Trintxhoffy and church, soon followed. 
Thus perished, never to be revived, the provincial power of New Sweden.:]; 

Stuyvesant issued a proclamation favourable to such of the Swedes as 
chose to remain under his government. Abo«t twenty sWore fealty to the 
<* States-General, the Lords, Directors of the West India Compcmy, their 
subalterns of the province of New Netherlands, and the Director-General, 
then, and thereafler to be, est^lished^" Risingh and one Eifyth, a noted 
trader, were ordered to Gottenbiu-g.^ Among those, who remained, was the 
wife of Papegoya, to whom Tennekong had descended ; and wlio, subse- 

* MSS. Lib. of Am. Phil. 8oc. f Campanios, Acrelias. 

X AcreHut; Smitbi N. T.; Smilfa*t N. J.; Dtftch Records. § Smith's N. T. 



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16 , HISTORY OF NEW JERSEY. 

quently, sold it to Captain Carr, the English governor, from whom the pur- 
chase money, 300 guilders was recovered, by execution from the council at 
New York.* In March, 1656, the Swedish resident at the Hague, remon- 
strated against the conduct of the West India Company ; but the United Pro- 
vinces never gave redress. These wars of the Dutch and Swedes have been 
more minutely and worthily chronicled by the facetious and veracious 
Knickerbocker. We will add, only, that they appear to have been wholly 
unstained by blood, and admirably adapted to a country whe^e restraint oti 
population was not needed. 

During the goveyrnment of the Swedes, several vessels, other than we 
have mentioned, arrived from Sweden with adventurers, who devoted theoi- 
selves to agriculture. The last ship, thus freighted^ through the unskilful- 
ness of her officers, entered the RariCan, instead of the Delaware, river, and 
was seized by Stuyvesant, then preparing for his campaign against Risingh. 
Many improvements were mAde by this industrious and temperate people, 
from Cape Henlopen to the falls of Alumningh, or Sanhikans. Beside the 
places we have already named, they founded Upland the present Chester, at 
Mocoponaca; Korskolm at Passaiung; Fort Manaiung at the mouth of the 
river, called by the Indians Manaiung ^ Mana\junk, Manqjaske, Nitabo' 
cang, or Matinacong; by the Dutch, Schuylkill, and by the Swedes, Skiar^ 
kitten and Landskillen; marked the sites of Nya Wasa and Gripsholtny 
somewhere near the confluence of the Delaware and Schuylkill rivers, 
.Strawfwijk and Nieu Cauaeland or ClauseJund; (the present Newcastle) 
and established forts, also, at Kinsessing, Wtca/ioai (Southwark) FtrCSLlaniy 
Meulandael, and Lapananel. Oh the eastern shore of the Delaware, they 
had settlements at Swedesborough, at the site of the present city of Burling- 
ton, and other places. Most of these stations are marked on the maps of 
Campanius and Lindstrom, and were, probably, little else than dwellings of 
farmers, with such slight defences, as might protect them from a sudden in* 
cursion of the natives. Gold and silver mines are said to have been disco- 
vered by the Swedes; and the latter are mentioned by Master Evelyn, in his 
description of the country, reported by Plantagenet, in his memoir on New 
Albion. The ores were probably pyrites, which have so often proven de- 
ceptive.f . 

* Now York Records. 

t We are assured by Lindstrom^ that a silver mine existed on the eaatern shore of 
the Delaware, in the vicinity of the falls; and that ^old was found in considerable 
quantities higher up the river, on the Jersey side. *^ The shore before the mounU^ 
is covered with pyrites. When the roundest are broken, kernels are found as large as 
small peas, containing virgin silver. I have broken more than a hundred. A savage 
Unapois beholding a gold ring of the wife of ^vernor Printz, demanded, why she 
carried such a trifle. The governor replied, * if you will procure me such trifles, I 
will reward you with other things suitable for you.' * I know/ said the Indian, a 
mountain filled with such metal.' ' Behold,' rejoined the governor, ' what I will 
sive you for a specimen ;* presenting to him at the same time, a fathom of red and a 
fathom of blue nize, some white lead, looking-glasses, bodkins, and needles, declaring 
that he would cause him to be accompanied by two of his soldiers. But the Indian, 
refusing this escort, said, that he would first go for a specimen, and, if it gave satis- 
faction, he might be sent back nith some of the governor's people. He promised to 
give a specimen, kept the presents and went away ; and, aftsr some days, returned 
with a lump of ore as large as his doubled fist, of which the governor made proof, 
found it of good quality, and extracted &om it a considerable quantity of gold, which 
ho manufactured into rings and bracelets. He promised the Indian further presents 
if he wouljl discover the situation of this mountain. The Indian consented, but de- 
manded a delay of a few days, when he could spare more time. Content with this, 
Printz ^ve him more presents. The savage, having returned to his nation, boasted 
of hit gifts, and declared the reason of their presentation. But he was assassinated by 
the sachem and his companions, lest he should betray the situation of this ffold mine ; 
they fearing its ruin if it were discovered by us. It is still unknown. ' — Estraa 
from Ltndstrom's MS. Journal. Am. Phil. Sac. 



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HISTORY OP NEW JERSEY. 17 

JpL The Dutch governed the newly recovered conntry on the Delaware^ 
by lieutenants, subject to the Director-General at New Anisteirdam. Jo- 
banncttf Paql Jaquet.was the first Vice-Director. His successors were Peter 
Abridcs, Hinojossa, and .William Beekman. These ofiicen were, empowered 
to grant lan<^; and their pat^ts make part of the titles x>f the present pos 
sessors. AlrkJc^s commission^ pf 12th of April, 1657, incJicatQs the extent 
of the. Dutch claim, on the west of the Delaware. . It constitute him '* Di- 
teotor-General, of the Colony of South river, of New N^herlands, and the 
fortress of Caskner, now called Niewer Amstel^ with all the lands dependent 
thereon, according to the first purchase^ and deed of release, from the na- 
tives, dated, July the 19th, 1651 ; h^inning at the we^t side of the Minqua^ 
or Christina Kill, in the Indian language named, Sutpecoughy to the mouth 
of the hay or river called Boompt Hook, in the Indian language, Catmartsiy 
and so fkr inland, as the bounds and limits x>f the Minquas land, with all the 
streams, appurtenances and dependencies." Of the country north of the 
Kill, or south of Boompt Hook, no' notice is takem In 1658, Beekman 
was directed to purchase Cape Henlopen, which, for want of goods, was not 
done, until the suceeeding yeAr.* FVom the order a!nd purchase of 1658, it 
wovild seem, that no regard Was had, either by the Indians or Dutch, to the 
contracts made for Goodyn,^ in 1629, or by the Swedish governors. 

Upon the eastern side of the present State of New Jersey, the Dutch had, 
at tnb period, acquired several tracts of country. Beside^ the purchase of 
Staten Island^ for the Heer Pauw,t. Augustine Herman puithased an exten- 
sive plcrt, stretching from Newark Bay, west of the present site of Elizabeth*^ 
town 4 and the Lord Director-General and Council, a laige tract, called 
Bergen^ And we may, justly, suppose that, the road between the colonies, 
on the Hudson and Delaware, was not ^holly uninhabited. 

XXI. Although, for fifty years, these extensive possessicms of the Dutch, 
-were not disputed by the English government, still the claim of the English 
nation, founded on the discoveries by Cabot, Hudson, and other navigators, 
was neither abandoned nor unimproved. The Puritans were making con- 
tinned pretensions and encroachments upon the east, and emigrants firom 
New Haven settled on the left shores of the Delaware, so early as 164&-* 
some of whose descendants may^robably, yet be found, in Salem, Cumber^ 
land, and Cape May, counties. Ttie adventurers of Maryland had penetrated 
to the Schuylkill, and the agents or grantees ot Sir Edward Tloeyden, had 
attempted to people his pi^tinate. Of these efforts it is proper that w^ should 
speak more particularly. r 

In 164^, as we have seen, the .Dutch expelled the English, from the 
Schuylkill, as intruders, on rights too notorious to be disputed. But in 1654, 
Colonel Nathaniel Utie, commissioner of Fendal, governor of Maryland, de- 
manded possession of the shores of the Delaware, by virtue of the patent 
from the English crown, to Lord Baltimore; visfted Nfew Castle to protest 
against the occupation of the Dutch^ to threaten the assertion of Baltimore's 
right by force, and to offer his protection to the inhabitants, upon terms 
sitnilar to those given to other emigrants. Beekman proposed to refer the 
controversy to the republics of England and Holland; and Stuyvesant, By 
commissioners, at Annapolis, repeated 4he proposition ; asserting, however, 
the title of the India Company, by prior occupancy, and assent of the English 
nation; and protesting against the conduct of Fendal, as in breach of the 

• Smith'. New T6rk. 

t Deed, dated, lOth Augitst. 1636. Eliasbethtowii BUI in Ohancdry. 

t Deed, 6tli December, 1651. 

§ Deed, 30th Jumary, 1^. 

C 

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18 HISTORY OF NEW JERSEY. 

treaties between the two natione. In the jfollowiag year. Lord Baltunore 
applied, through his agent, captain Neale, to the Du^ Company, for orders 
to the colonists on the Delaware, to submit ^ his authority. A peren(iptcHry 
refusal was instantly given; and a petty. war in the colonies was prevented* 
by the weakness of Maryland, and the hopes of redresafrom measures then 
ccmtanplated by the Epglifiii government against all the Dutch possessions 
in America.* 

We learn, from a pamphlet, published in 1^48, that a ^nint had been 
made by Jam^ the Firsts to Sir Edwcgrd Ploeyden, of the greater part of tbe 
country between Afaryland and New England, Y(ldch was erecied into a 
province and pounty palatine, with very comprehensive, if not preciae 
boundaries-t 

The rights derived from this patent were unexercised during the reigns of 
James, and the first Charles — ^but were acted on, during the revolutioiu 
Before 1648,* a compa/iy was formed, under Sir Edward Ploeyden, for 
planting this province, in aid of which^ our author wrote his descripticA of 
New Albion. This little work compares New Albion with other countries 
of the new world, giving all preference to the former, and contains a learned 
exposition and defence of the rights of an earl palatine, who, among other 
royalties, havhig power to create barons, baronets, and knights, of hi^ 
palatinate, had bestowed a baronage upon our author, and others, a^ well as 
upon each- of his own children. Thus, there were,, the son and heir ap- 
parent, and Govempr, Francis^ Iiord Ploeyden,' Baron of Mount Royal, an 
extensive manor, on Elk river; and Thomas, Lord Ploeyden,, High Admiral, 
Baron of Roymount, a manor on the Delaware bay, in the vicinity of Lewis- 
town; and the Lady Winifrid, Baroness of Uvedaie, in Webb's Neck, de- 
riving its name from its abundance of grapes, producing the Thouloaae» 
Muscat, and others. , 

From drcurastances, it is probable, that this New Albioa Company sent 
out agents, who visited diffei:ent parts of the province, scime of whom esta- 
blished themselves there; that the Palatine and some friends, of whom was 
Plantagenet, sought temporary cover from tbe storms of civil war in England, 
amid the American wilds ,' — that a fort named Erewomec was erected at the 
mouth of Pensaukin Creek, on the Jersey shore; and that, there was a ccm- 
siderable settlement at WcUcessi or Oijtaessingy ihe present site of Salem, 
which was probably broken up, or reduced, by the i;^ted foree of the Dutch 
and Swedes. No known veiiige of these settlements remains ; and ail our 
knowledge in relation to their fate is conjectural.:^ 

XXII. In 1640, as stated by Trumbull, some persons at New Haven, by 
Captain Nathaniel Turner, their agent, purchased for thirty pounds sterUng^ a 
largQ tract of land, for plantations, on both wdes of the Delaware river ; erected 
trading houses, and sent out near fifly. families to settle them.§ It is proba- 
ble, that this number is over-rated. But we gather fix)ra the complaints of 

* New York Records.* N^iw York Hiat. Col. vol. iii. p. 368. Smith's New York. 

t This pamphlet U iiddrened by BeaUphamp Planta^net, ** To the Ri^t Hononr- 
ableao^ mighty Lord Edmund, by DiTine Providence, Xord Proprietor) Earl Palatine, 
Groyemor, and Captain-General of the province of New Albion; and to the Right 
Honourable, the Lord Viscount Monson, of Castlemain; the Lord Sherard, Baron of 
Leitrim, and to fdi other, the Viscounts, Barons, Baronets, Knights, and ffehUemen, 
merchants, adventurers, dnd planten, of the hopeful company of New Albion, in all 
forty-four undertakers, and subscribers, bound by indenture, to bring and settle 3000 
able, trained men^jn our several plantations, to the said province." 

t New Albion. Smith's N.J. Bescryvinge van Virginie, NewjNethetlafidts. Penn. 
Register^ 1828, vol. iv. See, for a further account of New Albion, Appendix, note 
B, and Philadelphia Library, No. 10X9, Oct. 

§ Trumbull's Conn. 



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ffiSTORY OF NEW JKtSEt- 19 

tfie' Connecticut tnulers^" that^ th^ Tinted the Del^wfu^ for the porpose of 
barter, and were driven thence by the Swiedes and Dutch, lind^ Kiefl, in 
1642; that, their trading hous^ waa destroyed, their goods confiscated, and 
their pex«on» imprisoned. TheuocHnmissktfiers of the United Colonies of New 
Bngland, Cfpon aninvestigation of the facts, (Greeted goverhot Winthrop to 
i^monstrate with the Swedish governor, and to claim indemnity for the losses 
sustained, amounting to one thousand pounds* , Winthrop addressed letters 
to Kiefl and Printz, but received no sdtisfaokory answer. 

At an extiraordinary meeting of the e(»nmissiQner8, in 1649, the c^rt of 
New Haven, proposed th^ ^leedy plantii^ of Delaware Bay. But tMs, as a 
general measure, was deemed inexpedient, and thp New Haven merchants 
were left to improve or sell their lairas as they Should, see cause. The treat- 
ment of these meijchants, by the Dutoh, fbrpied part of the grievioncea sob* 
nutted to 'the ddegates appointed by Stoyvesant, and ihe Unlied Colonies, in 
1650; w^en ihe latter claimed a right to the Delaware under their patents, as 
well as by purchase from the Indians. Th^se delegates, from want of suffi-* 
dent light to determine the question^ concluded to leave both parties at liber* 
ty to imprdVe their interests upon^hat river. 

Encouraged by this declaration, the inhabitants of New Haven and its 
vicinity, in the following year* fitted out a vessel with fifty adventurers, who 
proposed to establish themselves on the disputed tands* They put into 
New Yorjc; and>the object of their voyage bemg made known, Stuyvesant, 
who was wa^ting^ neither in ability^ nor resdution, iikmediately seized the 
vessel, hefpapers, an^d crew, and eiiitorted a^ promise from the last, to return 
to Iheir homes ; which they more readily gave as the Dutch governor thr^t- 
eiied, that he would §end to Holland, any of them whom he shouid find aa 
the Delaware, and Would resist theit encroachments, in that quarter, even 
unto blood. 

But, the colony of Kew Haven, With its characteristic pertiiiacity, was not 
disposed thus to abandop her pretensions* She brought the sul^ject agam 
be^re the con^nissioners of the United Colonies, in 1654^ who addressed^^ 
missive to Stuyvesant, in which, the rights alleged by the Dutch, are very 
summarily dispo^ of, ais " their own mistake, or at least, the error c^them 
thatin£brtned them ;'* whflst, the claims of the people of New Haven, appeared 
^ so clear, that they could not but assert their just title to their lands, and de^ 
idre that they might peaceably enjoy |he same." No eflfect was produced by 
ftis letter, and tmf colony of New Haven would have resorted to hostilitieB, 
codd she have been assured of the protection of her sisters. But, they were 
deaf to her appjeab, and the Plymouth colony shortly relied, "that they did 
not think it meet^ to answer dieiir desire in that behidf,and that they would have 
no hand in any such controversy^** Tbus deprived of all hope of efl^ual as- 
sistance, from thmr neighbours^ the traders of New Haven were' compelled to 
lemain at peace. ThB country was sqoa after granted* to the Ihike of YoHe, 
and their clain^s were too feebly sustained by justice, to brave the Duke's power. 
But thi^, with oth^ causes of dispute, had implanted in the colonists of 
New England, such animosity against thdr Dutch nei^bours, that, in 1658, 
they formed the design, to drive them from the c^ortinent, and applied to 
Oliver Crcmiwell ibr assistance* Ife, being then engaged in the two years' 
war with Holland, which the P&)rliament haid oommenc^, pr<»nptly acceded 
to. their request, by despatching a squadron to aid the cdonial troops. The 
design was, howev^, arrested, by inteUigence of the peace that had been 
coMuded betweoi the Protector and the States-General.* And it is remark* 

* Oldmlzon i. 119. CShalmen 574. IWiiball i. 168. Banurd's Col. vol. ii. Qt^ 
hnam' CoL Hist, of North Ameriea. 

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2D HISTORY OF NEW JERSEY- 

able, that the tree^ haa no diiect refereBoe to the posseesioas of either party 
in North America; but, stipulating for the restoration of peace, between the 
dominions of the ^wo countries in every part of the world, and the Englmii 
expedition being countermanded thereon, tbe validity of the Dutch chtint to 
the country, it is supposed, was manife^ly- implied and practically acknow- 
ledged.* Yet, the New England men, succeeded in impressing different 
views upon Richard Cromwell; who, during his short protectorate, ad- 
dressed instructions to his ccmimaiMlers, for the invasion of New N^faer^ 
lands, and directed the- concurr^ioe of the forces of the English colonial 
governments, in the enterprise ; but the subversion of his Ephemeral power, 
prevented the execution of his orders. t 

Charles II., however, from ^fmity -to the St£|tes-General, <;ertaihly-not 
from love qf his transatlantic subjects, entered into their designs. His senti- 
ments were enforced by the interest of the Duke of York, who had placed 
himself at the head of a new African company, with the view of extending- 
and appropriating the slave trade,, and which ibund its commerce impeded 
by the more successful traffic- of the Dutch. Like the other courtiers, the 
Duke had cast his eyes, on the American feenritorities, which his brother 
was about to distribute wit^ -a liberal haAd ; and to other reasons, which he 
employed to promote a rupture with the Dutch, he solicited a grant of theic 
North American possessions, on. the prevailing plea, that th^y had been ori- 
mnally usurped from the territory, prc^terly^ belonging to Britain^^ The in- 
fluence of these motives on the mind of the King, may have been aided by 
the desire to strike a Uow that would ^enfbrce the arbitrary commissicm, h^ 
was preparing to send to New England, and tb teach the Puritan colonists 
there, that he had power to subdue his enemies in Arnica. 

XXQI. Charles having failed in repeated attempts >to provoke the resent- 
ment of the States-<3eneral, resolved to embrace the suggestion of his right 
to the province of New Netherlands. In pursuance of tWs purpose, a roy^l 
charter, dated 20th March, 1664, was executed in favour of the Duke of 
York, containing a grant of the whole region, extending from the western 
bank of the Connecticut river, to the eastern shore of the Delaware, together 
with the adjacency of Long Island, and conferring on his royal highnc^, all 
the powers of government, civil and military, wit&n these ample boundaries. 
Tins grant disregarded alike, the possession of the- Dutch and the recent 
charter of Connecticut, which, from iterance or carelessness in the defmi- 
tion of boundaries, it wholly, but tackly superseded. 

As soon as the Duke had obtained this grant, and before investiture, he 
proceeded to exercise his^-propdetary powers in their^Uest extent, by con- 
veying to Lord Berkeley and Sir George Carteret, all Uiat portion of the ter- 
ritory, which forms the present state ef New Jersey. A military force, 
however, had been prq)ared to compel possession; and with some secrecy 
too, although this was scarce necessary, since the Datclv to ftr from appfe- 
h^iding an attack, had, but a few months before, sent to their colony, a 
vessel laden with planters and the implements of husbandry. 

XXIV. The command of the English troops in the expedition, and the 
mvemment of the province against which it was diitacted, were given to. 
Colonel Nicholls, who had studied the art of war imder Marshal Turenne, 
and who, with Geoi^ Cartwright, Sir Robert Carr, and Samu^ Maverick, . 
abo, had a commission to visit the coUNoies of New England, and investigate 

• Oldmixon i. 119. Chtlmeni 574. Trumbull i. 166. . Hasard'i Col. vol ii. Gra- 
hame't Col. History of North America. 

t lb, ib. Thurloe'8 CoUec. i. 721. 

t Sir J. Dalrjrmple'f Mem. ii. 4. Hame*t England. Chalmers. Grahame, vol. 
ii. 214. 



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HISTORY OP NE^ JBRfflEY. 21 

9iid deUBnoiiiidy aooordiiig U> their didcn^km, aH (fitpute and controver- 
aies within the yanous ooionial jurisdictions. JiAer touching at Boston, 
wheiB an anned force was <Rderea'to be raised and sent, to join the expedi* 
tkm, the fleet pi^oceeded to the Hudson river, and anchored belbre the capital 
of New Netheriands. l^he requisiticm from. Bostcm was so tardily obeyed, 
thfft the enterprise was over, before the Massac^husetts troops were ready to 
mftich ; >but govenmr Winthrpp of Connecticut, with several of the priacipal 
inhabitants <^ th&t province, inmediately joined the King's standard.* 

The armament; oonsdting of throe ships, with one hundred and thirty 
gulls an4 six buiMked; men, was too formidable to be resisted by a potty 
town, hastily and poorly fortified, and manned by peaoefiil burghers, or 
oi^re plpdding plai^ra. Yet the sjmited governor was exceeding loth to 
nirr^fider without, at least, having attempted its ^fenoe ; although tlw favour- 
able terms ofl^red to the iahalHtsuits disposed them to unmedlate capitulation. 
AAer a few days of fruitless negotiation, during which, Stuyvesant pleaded, 
in vain, the justice of the title o£ the States*General, and the peace existing 
between thorn and the English nation, (he province was surrendered up<Hi 
the most honourable tentis to thQ vanquished, who presepred th^ arms, am- 
munition, and public stores, with leave to transport them, within • twelve 
months, to Hollands the inhabitants wereiree to sell their estates and return 
to £urq)e, or retain them and reside in die province; such as remained, 
were to enjoy their ancient laws relative to the deapent of property, liberty 
of eonscienoe in divine worship, and church cnrder, and perpetual exemption 
from military service ; and what was yet more extraordinary, all Dutchmen 
continuing in the protinco, or afierwards resorting to it, were allowediree trade 
with Holland rt* but this privilege bemg repugnant to the iiavigatidn act, was 
soon ailerwa^ revoked. Notwithstanding these very advantageous condi- 
— lions, the mortified commandant could not be brought to ratify thcm^ for two 
days, after they had been signed by the commissioners.^ Immediateiy after- 
wards. Fort Orange also surrendered. In honour of the Duke, thecity of New 
Amsterdam received the naro^.of New Yoric, afterwards extended to the 
porovinee, and Fort brange, that .of Albany. The greater part of the inhabit 
tants sutmiitted, cheerfully, to the new ffovermnent; aqd goremor Stuyvesant 
retaiiiHdd his property anq closed his lite, in his beloved city. 

XXV. Sir Robert Carl*, with two firigates, and the troops not reqinred at ' 
New York, was sent to compel the submission of Ui6 colony on the Delaware ; 
which he Elected with the expenditure of two barrels of powder and twenty 
shot. By articles of agreement^ ei^[ied Garret 8aunders» VautieTl, Hans 
Block, Lucas Peterson, and Henry Cousturier, it was stipulated, <«that th6 
burgesses and planters submitting themselves to bb Majesty, should be jnto- 
tected in peiison and estate; that, the^resent magistrates should continue in 
office; that permission should be given to depart the country, within six 
months, to any one; that all shoidd (Hijoy liberty of cotiscienoe in church 
disi^ipHne, as formerly; and that any person taking the o^th of allegianoe, 
should beccnne a free denizen, and enjoy the pnvilege of trade in his Ma- 
jesty's dominions, as freely as aiiy Engli^man.'^^ From this separate con- 
vention, it wmild seem, that the Capitulation of New York w^ not deemed 
omclusive upon the pdaware settlements; whose, afikirs were hoiceforth 
codducted* until 1768, by their ancient ma^rates, under the supervision of 
Captain John Carr, aided by a council consisting of Haas Block, Israel 
Hokne, Peter Rambo, Peter Cock, and Peter Aldnok, from whom an appeal 
lay to the governor and council of New York.|| 

• Trambnll 1. 966. t Smith's N. J. Ghrahame't Col.Hist. 

t Aogtist 27^ 1664. $ l«t October. || New York Records. 



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22 HISTORY OF NEW JERSEY. 

XXVI. Thii$^ by an act of ilagrant mjustice and tyfaiiical uaorpatioo^ 
was overthrown the Dutch donuoion in North America, after it had sabninf' 
ed for more than half a century. The actual condition of their pooflcxmions 
was depreciated by Cd. Nichols, in his letters to the Duke, from the humane 
view, it is supposed, of deterring his master from burdening or irritating the 
people, by fiscal impositions. Early travellers and writers unite ki describe 
wg the Dutch colonial metropc^, so admirably chosen, as a handsome Dveii 
buih town ; and Josselyn declares that the meanest house in it, was worth 
£100.* Indeed, the various provisions introduced into the articles of sur- 
lender, to preservis the comforts of the inhabitants, attest the orderly conditioa 
and plentiful estate they had acquired, and explain the causes of their unwar^ 
like spirit. If their manners corresponded with those of their countrymen in 
the parent atate, they were probably superior to those of their conquerors. 
Of the colonists, who had latterly resorted to the province, some had enjoyed 
affluence and respectability ia Holland, and had imported with them, and dis- 
played in their houses, costly services of family plate, apd well selected pro- 
ductions of the Dutch school of painting.f No account has been preserved 
of the total population of the province and its dependencies; but the metro- 
polis, at this time, is said to have contained about 3000 persons, of whcMii, 
one half returned to Holland. Their habitations, however, were soon oocu- 
pied by emigrants, partly from Britain, but chiefly frx>m New England* 
Upon the North river, throughout the present county of Bergen, Dutch set- 
tlers were numerous, and both shores of the Delaware were studded with 
plantations of Dutch and Swedes. Three Dutch families were settled at 
La2y Point, opposite Mattinicunk Island, the site of BurMngton, and four 
years later, one Peter Jegow, in 1668, (such was the intercourse between die 
two rivers) received license for, and kept a house of entertainment, for 
accommodation of pass^igers, travellers, and strangers, on this point of the 
Delaware.:f 

The capture of New York and its dependencies, led to an European war, 
between Great Britain and Holland, ending m the treaty of Breda, of July, 
.1667. Happily, for the prosperity of the colony, which Nicholls, with the 
aid of the other English provinces, would have defended to the last extremity, 
neither the States-General, nor the Dutch West Itidia Company, made any 
attempt to possess themselves of New York during this war; and at the 
peace, it was ceded to England, in exchange for her colony of Surinam, 
which had been conquered by the Dutch. This e^cchange was no otherwbe 
expressed, than by a general stipulation in the treaty, that each nation should 
retain what it had acquired by arms, since the commencement of hostilities. 
The Dutch had no reason to regret this result, smce they could not long have 
preserved New York against the increasing strength and rivahy of the inha- 
bitants of New England, Maryland, and Virginia.^ 

Colonel Nicholls governed the province, for nearly three years, with great 
justice and good sense. He settled the boundaries with Connecticut; which, 
yielding all daim to Long Island, obtained great advantages on the main, 
pushing itd line to Mamoromeck river, about thirty miles from New York — 
prescribed the mode of purchasing lands from the Indians, leaking the con- 
sent of the governor, and public registry, requisite to the validity of all coo* 
tracts with them for the soil — and incorporated the city of New York, under 
a mayor, five aldermen, and a sherifi"; and although he reserved to himself 
all judicial authority, his administration was so wise and impartial, that it 
enforced universalpraise. 

• JoflMlyn't Second Voyage, p. 154. Oldmxzon i. 119. 

t Grant's Memoirs of an American Lady, &c. vol. L p. 11. Orahame's Col. Hilt 
vol u. ^. t Ellzabethtown Bill in Chancery. New Jersey Recordi. 

i Grahame's Cd. Hist. vol. u 9S1. 



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HISrORY OP NEW JBBSEY. 88 



CHAPTER II. 

Comprising' Events "firora the Gimift to the Duke of Ttyrk, to the Di^bion of the 
Cdoay, into Eastiuad West Jersey. I. Natore of the Estate acquired by the 
Duke of York, by the Grant from Charles I.— 11. Motives and Nature of the 
Grant from the Duke of York, to Berkeley and Carteret.— III. Bounds of 
the Country ceded. — IV. Proceedings of the rroprietariei, to settle their Pro- 
▼inoe of New Jersey, Ac. — their ** G)ncession8.**-^V. Remarki on the Constitu- 
tien.—VL Assumption of G<]iTerttfflent by Colonel Nieholls— Indian- Grants.— 
VIl. Philip Caiieret appointed Goyemor— His Efforts fhr Colonization— Ad- 
vantages enjoyed by ^e 'New Colonists. — VIII. Unhapn)r Effects of the. De- 
mand of Proprietary Quit Rents. — IX. Recapture of New Nc^herlahde by Holland 
— and Restoration to the English. — X. Re-ffrant of the Province to thd Duke— 
' Re-grant to Berkeley and Carteret.— XI. Aetum of Philip Carteret to the 
. Grovemmen)— Modification of Che Constitution.— XU. Oppressive Conduct a^ 
Andxosa, Governor of New York. — Xllt. Division of the rrovince into East and 
West Jersey. 

I. We have seen, in the precediing Chapter, that James, Duke of York, 
even before he had obtained seizin of hh newly granted fief, had conveyed 
a considerable portion of it to Lord Berkeley and Sir. George Carteret. The 
charter to the tkike, though less ample in its endowments than those previ- 
ously granted tp the proprietaries of Mary land, and Carolina, resembled them 
by conferring the powers of gofoemment on the grantee and his CMigns. 
And thus, even with the light which had been stricken forth by the extraor- 
dinary political concussions of the passing century, the allegiance and obe- 
dience of freemen^ were made transferable as if they were serS attached to the 
soil. Nor was this proprietary right merely potential. — Instances in the his- 
tory of the Carolinas, New Jersey, and Pennsylvania, demonstrate, that the pro- 
prietaries regarded their functions less as a trust, than as an absolute property; 
subject to every act of ownership, and in particular, to mortgage and aliena- 
tion. It was not until after the British revolution of 1688, that the legality 
of this power was disputed ; when the ministers of William III. maintained 
its repugnance to the* laws of England, which recognised (an absurdity not 
less) a hereditary, but not a commercial transmission of office and power. 
The point was never determined by any formal adjudication; but, the evil 
in process of time, produced its own remedy. The succession and multipli- 
cation of proprietaries became so mccmvenient to themselves, that, they 
found relief, in surrendering their functions to the crown.. In Carolina and 
New Jersey the exercise of the right of assignation, jnaterially, contributed 
to shorten the duration of the proprietary government.* 

II. Bericeley and Carteret were already proprietaries of Carolina. Not 
satisfied with this ample investiture, nor yet certified by experience, of the 
tardy returns from colonial possessions, they had been induced, by the re- 
presentations of a projector acquainted with the domain assigned to the Duke 
of York, to believe, that a particular portion of it, would form a valuable 
acQuisition to themselves. This person, we are assured by Colonel Nicholls, 
had been an unsuccessful applicant for the patent which the Duke had ob- 
tained, and revenged his disappointment by, instigating these courtiers to 

* Graharoe'i Col. Htti. vol. i. 315. 



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24 HISTORY OF NEW JERSEY. 

strip him of a most desirable portion of his territory.* But the daiini yiMkk 
the ^rnmtees of the duke had upon the royal fiuniiyy together with the poUtaoal 
motives of colonization, may have been sufficient reasons for the grant of a 
newly acquired, and ahnost unexplored wilderness in America; and we in* 
cline to the opinion, which we think is confirmed by the promptitude wkh 
whkrh it was made, afler the title of the Duke had .accrued, that, the transfer 
to Berkeley and Carteret was an understood consideration of the grant to the 
Duke. Both were favoured courtiers;— Berkley was of th^ Privy Coaocil, 
and Carteret, Trea^surer of the Navy, and Vice Chamberlain of t|*e royal 
household.^ 

III. The o^on from the. Duke was made by deeds of lease and releaae, 
dated, respectively, 2dd and 24th June, 1664, and conveyed to the grantees, 
their heirs and assigns, in consideration of a competent sum, ^* That tract of 
'* land adjac^ to New England, lying westward of Lon^ Island, and Man- 
" hattan Island ; and bounded on tiie east, part by the mean sea, and part by 
'* Hudson's river; and hath upon the west, Delaware Bay, or river; aad 
" extendelh southward to the main ocean, as far as Cape May, at the mouth of 
'^ Delawace Bay; and to the northward as far as the northernmost branch of 
** the said bay, or river Delaware, which is in 41° 40* of latitude ; and 
" crosses over, thrice, in a straight line, to Hudson's river, in 41 degrees of 
*< latitude; which. said tract of liuid is bereader to be called Nova C^Morim 
" or New Jersey." The name was given in compliment to Carteret, who 
had defended the island of Jersey against the long Parliament, in the civil 
war. But the powers of government, which had been expressly granted 
to the Duke, were not in terras conveyed, though it would seem, that both 
parties deemed them to have passed by the grant. 

IV. The first care of the proprietaries was to invite inhabitants to their 
province; and their exertions for this purpose, though pursued with more 
eagerness than perseverance, were marked by political sagacity, and hdd 
forth those assurances of civil and religious rights which had proven so at- 
tractive in New England. They prepared a constitution which they pub- 
lished under the title of " The concessions and agreement of the Lords P^ 
prietors of New Jersey, to and with all and every of the adventurers, and all 
such as shall settle and, plant there."J We deem it our duty to give much 
in detail, the provisions of this instrument; sinoe from it, have sprung, many 
of the existing institutions of the state. 

It provided; 1. That the governor of the province should have power, 
when occasion required, to appoint a substitute, and to nominate a council, in 
number, not less than six, nor mor^ than twelve, by whose advice he should 
govern i' — 2. That the proprietaries or governor should nominate a secretary 
or register, to record all public affairs, and all grants or leases for more than 
one year, of land, from the proprietor, or from man to man ; the execution 
of which, should be acknowledged before the governor or a judge; and 
giving to such recorded grants, preference to other conveyances:^ — 3. That 

* The name of fhit indiyidual was Scot. Whether it was he, or another with the 
same name, who afterwards published an account of East New Jersey, we are uncer- 
tain. Colonel Nichols acquits Berkeley and Carteret of a design to defVaud the Duke. 
' Bat Carteret did not always enj<iy an unspotted reputation.- li^ 1669 he was expelled 
the House of Common^ for antfnsed accounts as chamberlain. — Orahaime's Col. Hist* 
Smith's J^ew Jersey. 
t Clarendon. 

t The date of this instrument, as given in Scdf s model of the jpnmnce d East 
New Jersey, in Smith's History of New Jersey, and in beaming and Spicer's Collec- 
tion of State Papers, is 10th Febnuury, 1664. This date precedes not onlv that of the 
Sant to Berkeley and Carteret, but, also, that o£ the ^rant to the Duke of Tork. The 
te is, therefore, erroneous, unless we suppose the instnunent was prepared befott 
the charter from the kin|f 



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fflSTORY OF NEW JERSEY. 25 

a 49U7V^or-^enefal, appointed in the 'same manner as the secretary, should 
aurvey the lands granted by the proprietary, and those of individuals when 
requested; certifjring the same for record, to the register:— 4. That all 
officers should swear (and record their oaths) to bear allegiance to the King, 
to be faithful to the proprietaries, and duly to discharge their respective 
trusts; persons subscribing a declaration to Hke effect without oaik^ being 
Bubject to the same punishment, as if they had sworn and broken their 
oaths : — 6. That all subjects of the King of England, swearing allegiance to 
the King and faithfulness to the Lords, might become freemen of the pro- 
vince :— -6. That no person so qualified, should, at any time, be in any way 
molested, punished, disquieted^ or called in question for culy difierence in 
<^inion or practice, in matters of religious concernment, who do not actually 
disturb the civil peace of the said province; but that all persons may freely 
and fully have and enjoy his and their judgments and consciences in matters 
of religion, they behaving themselves peaceably and quietly, and not using 
this liberty to licentiousness, nor to the civil injury or outward disturbance 
of others ; any law, statute, or cliiuse contained, or to be contained, usage 
or custom of the realm of England, to the contrary thereof, in anywise not- 
withstanding: — 1. As a restraint upon the right of advowson, claimed by 
the proprietaries, under their grant, that the Assembly should have power to 
constitute and appoint such and so many ministers or preachers as they 
shall think fit, and to establish their mamtenancc, givmg liberty beside, to 
any person or persons to keep and maintain what preachers or ministers 
diey please. 

The concessions further provided — 8. That, the inhabitants being free- 
men, or chief agents to others, should immediately choose twelve repre- 
sentatives, to unite with th^ governor and council in making laws ; but, so 
soon as the pro^r territorial divisions should be made, that the inhabitants or 
freeholders thereof, respectively, should, annually, elect representatives who, 
with the governor and council, should form the General Assembly of the 
province; the governor or his deputy being present, unless he refused, when 
the Assembly might appoint a president The Assembly was to have power 
to meet and adjourn at pleasure, and to fix their quorum at not less than one* 
third of their number : to enact all necessary laws, as near as may be, con- 
veniently agreeable to the laws and customs of England, and not against 
the interest of the Lords Proprietors, nor against these concessions, and 
particularly, not repugnant to the article for liberty of conscience; such 
laws to be in force for one year, unless contradicted by the Lords Proprie- 
tors ; within which time to be presented to them for ratification, and being 
confirmed, to remain in force until expired by their own limitation, or be 
repealed : to constitute courts, and all that shall pertain to them : to levy 
tax^ on goods or lands,' except such of the latter as were unsettled, belong- 
ing to the Lords Proprietors : to erect manors, with their courts and juris- 
dictions, and to divide the province into such districts as they might think 
proper: to create ports, and harbours; build castles, incorporate cities, 
towns, and boroughs; create a military force; naturalize foreigners; and 
prescribe the quantity of land to be allotted, from time to time, to every head, 
free or servant, within the proportions granted by the " concessions :" to 
provide for the maintenance and support of the governor, the necessary 
charges of government, and the collection of the Lords' rents ; and Itistly, 
to enact ajl such other laws, as may be necessary for the prosperity and 
settlement of the province, conforming to the limitations expressed in the 
" concessions.** 

The governor and council were empowered — 9. To see that all courts 
and officers performed their duties, and to punish infraction of the laws : 

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36 HISTORY OF NEW JERSEY. 

to nomiiuUe and oomroission the judges and other officers, aocordmg to ikm 
constitution of the General Assembly, appointing none but freeholders, ex- 
cept by assent of Assembly, and their commissions to revoke at pleasure : 
to have charge of all places of defence, and direction and officering of the 
military force, appointing none but freeholders without assent of the Assem- 
bly : to reprieve criminals until the pleasure of the Liords, who reserved the 
power to pardon, was known : to issue writs for supplying vacancies in the 
Assembly ; and to grant warrants for laud. They were required, not to Urn- 
pose, nor suffer to be imposed, any tax upon the province or inhaJntants^ 
other than that imposed by the General Assembly : to take care, that lands 
quietly held, seven years after survey by the surveyor-general, shodd not 
be subject to review by the proprietaries, or their agents. 

And that the planting of the province might be the more speedily promoted, 
it was further provided — 10. That, there should be granted to all persons 
who had already adventured, or should transport themselves or servants, 
before the 1st ^n. 1665, lands in the following proportions, viz. to every 
freeman, going with the first governor, armed with musket, ten pounds of 
powder and twenty pounds of bullets, with bandeliers and matches conve- 
nient, and with six months' provision, for his own person, arriving tliere, 
one hundred and fifty acres ; and like quantity, for every able bodied ser- 
vant, so armed, whether taken by the master, or sent thither, by him; and 
for every weaker servant, or slave, male or female, oxc^ing fourteen years, 
which any one should send or carry, arriving there, seventy-five acres; 
and to every Christian servant, exceeding such age, seventy-five ac^es, 
for his own use: to the master or mistress going before 1st January, 1665, 
one hundred and twenty acres, and like quantity for an able bodied male 
servant, taken with, or by, them; and for other servants or slaves, as 
above, sixty acres, with sixty acres for the servant's own use, when able, and 
forty-five acres when of the weaker class. Where the party emigrating 
arrived, from January 1666 to January 1667, armed and provided as afore- 
said, he became entitled, for self and able servant, to sixty acres of land for 
each, and such servant to like quantity, and weaker servants or slaves, thirty 
acres each. All lands were to be taiten up by warrant, from the governor, 
and confirmed, after survey, by the governor and council, under a seal to bo 
provided for that purpose. AU lands were to be divided by general lot, none 
less than two thousand one hundred, nor more than twenty-one thousand|, 
acres, except cities, towns, &c., and the near lots of townships; and of such 
lots, towns, &c., one seventh, was reserved, by lot, for the proprietaries. 
Convenient portions of land were to be given, for highways and streets, not 
exceeding one hundred feet in breadth, in cities, towns and villages; for 
churches, forts, wharves, keys and harbours, and for public houses; and to 
each parish for the use of their minister, two hundred acres, in such place 
as the General Assembly might appoint. A penny, or halfpenny, per acre, 
according to the quality of the land, was reserveii to the proprietaries, an- 
nually, as quit rent. 

V. Such was the first constitution of New Jersey, almost as democratic as 
the one she enjoys; and certainly a greater safeguard- of her liberties, since 
this was, truly, a constitution, an unalterable paramount law, prescribing and 
regulating the duties and powers, of the agents of the govemnfient, whether 
legislative, executive, or judicial ; whilst all the provisions of the instrument 
of 1776, save three, are placed at the will of the legislature. What more 
was necessary, save the perpetuity of the laws, to assure to the people, all 
the blessings of political union? No laws were in foroe, save for one year, 
without the assent of the Lords Proprietors. But, laws which did not in- 
fringe their interests^ would, commonly, receive their assent; and when it 



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HISTORY OF NEW JERSEY. 27 

was refiised, at tlie worst, the Assembly was compelled to re-enact such 
laws, annaally. It was, indeed, a singular competition, which these pro- 
prietary governments produced, in which despotic sovereigns, and specula- 
tive legislators, were compelled, by interest, to vie with each other, in the 
production of models of liberty, and in offering to their subjects, the most 
effectual securities against arbitrary government. The competition was, 
the noble, though compulsory sacrifice tp the great and divine principle, 
that man, in the aggregate, is competent to promote his own happiness. 

VI. Upon the conquest of New Netherlands, Col. Nicholls assumed the 
administration of the whole territory, as governor for the Duke of York. 
While yet unacquainted with the grant to Berkeley and Carteret, he formed 
the design of colonizing tjie district whiph they had acquired; and for this 
purpose, granted licenses to various persons, to make purchases of lands 
from the aboriginal inhabitants ; a measure, however wise in its conception, 
fitiu^ht^ ultimately, with perplexing consequences to the Duke's grantees, 
by the creation of a pretence for an adverse title. Three small townships 
were speedily formed, in the eastern part of the territory, by emigrants, 
chiefly, from Long Island, who laid the foundation of Eliza bethtown. Wood- 
bridge, and Piscataway; and Nicholls, who entertained a very favourable 
opinion of this region, bestowed on it the name of Albania, in commemora- 
tion of one of the titles of his master.* It is uncertain, whether Middletown 
and Shrewsbury ha^ hot been previously settled by Dutch and English. 
About this time, however, many respectable farmers, comprising almost all 
the inhabitants from the west end of Long Island, removed to the neighbour- 
hood of Middletown ; and to Shrewsbury, there came many families from 
New England.f 

* Smith^B N. J. Grahune*fl Col. Hiit 

t The petitioners for the EUzabethtown tract, 2Gth Sept. 1664, were John Bailey, 
Daniel Denton, Thomas Benjdick, Nathaniel Denton. John Foster, and Luke Watson. 
The parties to the deed, from the IndiaJiS) dated 28th Octv 1664, are MattanOj Mana- 
wame, and Conascomon, bf Staten Island, and John Bailey, Daniel Denton, and Luke 
Watson: — the tract i^onveyed, is described, as " one parcel of land, bounded on the 
south, by a river, commonly called the Raritan, and on the east, by the river which 
parts Staten Island and the main, and to run northward up Arthur Cull Bay, till we 
come to the first river, which sets westward out of the river aforesaid ; and to run 
westward, isto the country, twice the length that it is broad, from the north to the 
south, of the aforementbned bounds." The consideration given for this broad tract, 
was twenty fathom of trading cloth, iwo made coats, two guns, two kettles, ten bars 
of lead, twenty handfuls of powder, and four hundred fathoms of white, or two hun- 
dred of black, wampum, payable in one year from the day of entry, by the grantees, 
upon the lands. The whole valued at thirty-six pounds and fourteen shillings sterling. 
(>ne of the grantors attests the conveyance, pernaps the first Indian grant made wiu 
technical form, by a mark opposite to his name. This, subsec^uently, became the 
common mode of signature ; and the illiterate sons of the American forest, like the 
unlettered noble of me European feudid states, adopted as a sign manual, occasionally, 
the picture of a bird, or other object, that captivated his fancy. Mattano was the 
only grantor who signed, and his mark was w^w^v^ or waved Hue; and, unfortu- 
nately for his business character, be had executed a deed, for the earae lands, to Au- 
gustus Herman, already mentioned. The grant, however, is duly confirmed, probably, 
in entire ignorance of preceding events, by governor Nicholls.t The wahipum was 
the current mdtoey of the Indian tribes, the precious material of which their omt^ 
ments were made, and the sacred sanction of tneir contracts, public and private. The 
name is derived from an Indian word, meaning muscle. It was called by the Dutch, 
geumnt. It was worked firom shells into the £rm of beads, and perforated, to string 
on leather. Six beads were formerly valued at a stiver, twenty stivers made a guilder, 
6d. correney, or 4d. sterling. The white was fiibricated from the inside of the great 
conchs, the black or purple, fVom the clam or muscle shell. Several strings, increased 
m number with the importance of the occasion, formed the belt of wampum. Before 

I See Elizabethtown Bill in Chancery. 

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28 fflSTORY OF NEW JERSEY. 

But the hope, which Nicholls hcid ccmoeived, of rendering the district a 
raluable appendage of the Duke's possessions, was destroyed by intelligeiioe 
of the grant to its now proprietaries. He remonstrated, with his master, on 
the impolicy of thus multiplying statistical divisions, and disjointing, from 
his own province, a portion distinguished, for the fertility of its soil, the oom« 
modiousness of its rivers, and the richness of its minerals : and while he 
urged the Duke, to revoke a grant, so prejudicial to his interests, he pre- 
dicted, truly, that the attempt of his grantees, to colonize the Vacant terri* 
tory, would disappoint their expectations of profit, and involve them in 
expenses, of which their remote posterity, only, could hope to gather the 
fruits.* 

VII. Whatever eflect this remonstrance may have had upon the Duke, it 
was too late to revoke the grant ; and Nicholls was compelled to surrender 
the government of New Jersey, to Philip Carteret, who arrived with a com- 
pany of thirty settlers, from EIngland, and established themselves at Eliza- 
bethtown,t 'regarded as the capital of the infant province. At this period, 
however, there were only four houses here, and the name was given by him 
in honour of Lady Elizabeth Carteret.^ Soon after his arrival, he despatch- 
ed emissaries to Wew England, and other adjacent colonies, to make known 
the proprietaries' "concessions," and to invite settlers; whose efforts were 
attended with extraordinary success. Amons those who came on this in- 
vitation, were the founders of Newark, who, m consequence of the inability 
of the governor, to pay the consideration required by the Indians, took, by 
his license, an Indian title, which was afterwards yexatipusly set up against 
that of the proprietaries. 

It was the happy peculiarity in the tot of these colonists, that establishing 
themselves in the vicinity of countries already cultivated, they escaped the 
disasters and privations which had afflicted so severely, the first inhabitants 
of most of the other provinces. Their neighbourhood to the commerce of 
New York was considered highly advantageous during the infancy of their 
settlement ; though, in process of time, *it 'was less favourably regarded, as 
preventing the rise of a domestic mart, which might give more efiectual 
enc^ragement to their trade. Like the other colonists of North America, 
they enjoyed the advantage of transportmg the arts, and habits of industry, 
from an old country, whore they had been carried to high perfection, into a 
new land, which afforded them more liberal encouragement, and^ore unre- 
stricted scope. Their exertion^ for raising cattle and grain were speedily 
and amply rewarded, by a grateful soil; and their friendly relations with 
the Indians enabled them to prosecute their labours, in undisturbed tranquil- 
lity, and to add to them a beneficial traffic, in peltry, with the roving tribes, 
by which the adjacent forests were inhabited. Their connexion with New 
York, also, gave them the advantage of the alliance, which subsisted between 
that colony, and the powerful confederacy of the Five Nations, whose influ- 
ence extending to all the tribes of the new settlement, procured its inhabi- 
tants entire exemption from Indian war. Recommended by the salubrity of 
the climate, as by its many dther advantages, it is not surprising that New 
Jersey wtfs soon celebrated by the early writers, with higher conMnendadons 

^ 

tlie advent of the Europeans, the Indiana made their ninnp and belts, of small pieces 
of wood, stoned black or white. For want of proper tools, few were made of sheik, 
thouffh highly valued. But the Europeans soon maaufkctured them of the latter ma^ 
terial, neatly and abundantly. The value of this Indian money, was raised by pro* 
clamation, in. 1673, from the governor and council of New York, commanding tJiaty 
'' instead of eight white and tour black, six white and three black, should pass for a 
stiver, and three times so much, the value in silver.— Aho York Records. 

* Grahame's Col. Hist. t August, 1665. t Elizabethtown BUI. 



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HISTOBY.OF NEW JERSEY. 29 

tfaan any otber of the oolonies. The |>rq>netarieB, stunulated by the hope of 
1^ rich revenue^ industriously proclaimed its advantages in Europe and Ame* 
rica, and, from time to time, despatched from England, vessieJs freighted 
with settlers', and stores, to reinforce the numbers, and supply the wants of 
their people. - 

\UU But the period to which they Jiad looked, for the fruition^ of their 
hopes, demonstrated th^ fellacy ; and the peace of the province was un- 
hapiniy interrupted by the arrival of the day fixed for the payment of the 
pr^rietary quit rents. The first demand of this tribute excited universal , 
disgust among the colonists, who expressed greater unwillingness, than in* 
ab£ty, to comply with it. A party among them, including the few, settlers 
who had seated themselves under the authority of Colonel Nicholls, refused 
' to acknowledge the title of the proprietaries, and in opposition to it, set up 
the Indian tide, which we have, already noticed, and also, the right of 
government within the tract, thus conveyed to them. And the better to sup- 
port this pretence, they prevailed on James Carter^ a weak and dissolute 
-^ natural son of Sir George, to assiune the government, as by their election, 
and under an alleged proprietary title, which, he asserted,-^ was not obliged 
to show*^ For two years, the governor, Philip Carteret, maintained an in- 
efl^tual struggle, to enforce the claims of his employers ; until, at length, 
the popular discontent broke forth into insurrection — his officers were im- 
pnscMied, their estates OHifisGated — and he was compelled to fly from the 
province, and to seek redress in England, leaving John Beny, as deputy 
Governor, and James Bollen, Secretary of the Provinccf His return, with 
strengthened authority, was retarded by the unexpected events of the follow- 
ing year, when New York, being reccmqu^red by Holland, New Jersey was 
again united to the province of N^w Netherlands. 

IX. The second war with Holland, most wantonly and unjustly provoked ' 
by the dissolute Charles, in subserviency to th^ ambition of Louis XIY., was 
declared, March 17th, 1672. A small squadron despatched from Holland, 
imder the command of'Binkes and Everfzen, to destroy the •commerce of tho 
English colonies, having performed that service, with great e&ci on the 
Virgiida coast, was indiKsed to attempt a more important enterprise, by in- 
tel^gence of the negligent security of the Grovernor of New York. The 
thitch had the good fortune to. arrive before this, their ancient seat, while 
Lovelace, the Governor, was absent, and; the command was exercised by 
Captain Manning, who, by his own subsequent avowal, and the more credibb 
testimony of his conduct, was a traitor and a coward. Now was reversed 
the scene, which had been presented on the invasion by NichoUs. The 
En^h inhabitants prepared to defend themselves, and offered their assist- 
ance to Manning; but he obstructed their pTq)arations, rejected their aid^ 
and on the first intelligence of the enemy's approach, struck his flag, even 
before their vessels were in sight* As the fleet advanced, the garrison de- 
monstrated their readiness to fight, but in a transport of foar, he forbade a 
gun to be fired, under pain of death, and surrendered the place, uncondition* 
ally, to the invaders. Aibse this extraordinary and unaccountable conduct, 
Manning had the impudence to repair to England, whence, he returned, in 
the folfowtng year, afler the province hjad been given up, by the Dutch. He 
was tried, by a court martial, on a charge of treachery and cowardice, ex- 
pressed in the most revolting terms; which, confessing to be true, he re* 
coived a sentence ahnost as extra^dinary as his conduct;— ^^that, though 
he deserved death, yet, because he had, since the surrender, been in England, 
and Men the Ehtg and the Duke^ it was adjudged that his sword should be 



jeTO. f 1678. 



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90 HISTORY OF NEW. JERSEY. 

broken over his head, in puhlic, before the city hall; and Mmadf rendered 
incapable of wearhig a sword, and of serving his majesty for the future. In 
any public trust."* The old maxim, that, grace was dispensed by the rnere 
look of a king, was respected on this occasion. The Dutch commanders, in 
their triumph, imitated the moderation and prudence of Nicbolls; and assur- 
ing the citizens-of their rights and possessions, gratified the Dutch colonists^ 
and lefl the English cause of complaint, only against their pusillanimoas 
commander. Like moderation being tendered to the other districts of tbe 
province, on condition of sending deputies, to swear allegiance to tbe 
States-General, induced the whole to submitf The Dutch dominion was 
restored more suddenly than it had been overthrown, and the naxno of 
New Netherlands was once more revived — but was not destined to long 
endurance. 

Great consternation prevailed in the adjoining English colonies. The 
government of Connecticut, with apparent simplicity, that ludicrously con- 
trasts with the ordinary astutia of her people, sent a deputation to the Dutch 
admirals, to remonstrate against their usurpation of dominion, over the terri- 
tory of England, and the property of her subjects; to d^ire them to explain 
the meaning of their conduct, and their further intentions, and to warn tkena, 
that the united colonies of New England, entrusted with the defence of their 
sovereign dominions, in America^ would be' faithful to their trust. The 
Dutch commanders, as they well might, expressed surprise at the terms of 
this message, but declared, that commissioned by their country, to assail her 
enetnies, whilst they applauded the fidelity of the English, to their sovereign* 
they would imitate the good example, and endeavour to prove equally faith- 
ful to the States-General. Active preparations for war, were, forthwith, 
made by Connecticut, fmd the confedemte colonies; but, as each party 
stood on die defensive, only a few insignificant skirmishes took plaee, 
before winter suspended military operations. Early in the following spring, 
the controversy was terminal^, without further bloodshed, by the treaty 
of peace, concluded at London, and the restoration of New York, to the 
English.^ 

X. Doubts had been raised, as to the validity of the Duke of Yoric's title, 
because granted whilst the Dutch were in full and peaceful possession of the 
country ; and which, though originally good, seemed to have been impaired 
by the subsequent conquest. The Duke deemed it prudent to remedy this 
defect, and to signalize the resumption of his proprietary functions, by a new 
patent. Another cause, however, may have contributed to this measure. — 
He probably, supposed, that it would afibrd him an opportunity of dispensing 
with his grant, 4o Berkeley and Carteret. It was pretended, that the Dutch 
conquest, had extinguished the proprietary rights, and that the country had 
been acquired, de ruwoj to the crown. A ne^w charter recited the (orvQer 
grant, and confirmed to him the whole which that had covered. The mis- 
fortune, and evident incapacity of Lovelace, precluded his re-appointment to 
the office of governor, which was conferred on Edmund Andiposs, who dis- 
graced his superior talents, by the unprincipled zeal and activity, with which 
he devoted them to the arUtrary designs of his master. 

In him, and his council, were vested all the functions of government, 
I^islative and executive, and their power was extended over New Jersey. 
It seems, however, that the Duke wanted either resolution or authority, to 
effectuate his iniquitous intentions; for, on the application of Sir George Car- 
teret, he promised the renewal of his oharter, which, after some delay and 
hesitation, he performed. Previous to this second grant, it would seem, that 

• Smith's New York. t July, i©?3. t SSth Febmaiy, 1C74. 

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fflSTORY OF NEW JERSEY. 31 

Lord Berkeley and Sir George Carteret, hiul agreed upon a partiti<»i of the 
province, dnce the country described therein, wetis bounded, on the south- 
west, by a line drawn from Barnagat Creek to the Rancocus. But, though 
he finally ccmsented to restore New Jersey, he endeavoured to evade the 
full performance of his engagement, pretending to have reserved certain 
rights of sovereignty over it, which Andross seized every opportunity of 
asserting. 

XI. In the commencement of the year 1676, Philip Carteret returned to 
New Jersey, and resumed the government of the settlements, in the eastern 
part of the province. The inhabitants, who had experienced the rigours of 
conquest, and the arbitrary rule of Andross, readily received him; and as 
he postponed the payment of their quit rents, to a future day, and published 
a new set of " concessions,^^ by Sir George Carteret, a peaceable subordina- 
tion was once more established in the colony. • These new " concessions,** 
however, restricted the broad grant of political freedom, origincdly framed, 
bjr giving to the governor and council, the power of naturalization, the right 
to approve such ministers as might be chosen by the several corporations, 
and to establish tl^pir ipaintenance ; granting liberty, however, to all per- 
sons, to keep and maintain what preachers they pleased. They authorized 
the governor, also, to appoint the times and places of meeting of the General 
Assembly, and to adjourn them at pleasure, and to separate the counsellors 
and delegates into two chambers.* 

XII.. Yet, the only disquiet, during several years, arose from the eflbrts 
of Andross, from time to time, to enforce the unjust pretensions of the Duke. 
Governor Carteret, in hope of procuring to his people, a share of the advan- 
tages, which the neighbouring colony derived from her commerce, attempted 
to establish a direct trade between England and New Jersey. But Andross 
earnestly opposed this proper measure, as one injurious to New York ; and 
by confiscating vessels engaged in such trade, extinguished the New Jersey 
commercial enterprise in its infancy. In addition to this outrage, he endea- 
voured, by various exeu:tions, to render the colonists tributary to his govern- 
ment; and even had the insolence, by a force despatphed to Elizabethtown, 
to arrest governor Carteret, and convey him prisoner to New York. When 
complaints of these proceedings were made to the Duke, he evinced the same 
indecision and duplipity, that had characterized all his recent conduct. He 
could not, he said, consent to depart from a prerogative which had always 
belonged to him; yet, he directed the relaxation of its exercise, as a matter 
of favour to his friend, Sir George Carteret-f But the province had now 
been divided into two proprietary jurisdictions; and it was in the western, 
part, where Carteret had ceased to have an interest, that the Duke most exer- 
cised his prerogative. The circumstances which attended this partition, 
are not the least interesting of the provincial history of the state. 

* Learning and Spicer'B Col. 

f Douglas ii. 272. S. Smith 68, 77. Chahnora, 616, 618. Smith'a N. T. 45. 
CMuune^a Col. Hiit 



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88 HISTORY OF NEW JERSEY. 



CHAPTER ni. 

From the Divinon of the Province^ into East and West Jertey^ to the 
Purchase of East Jersey^ by QuaJcers. 

•I. Motive! of the Quakers for Emigration. — II. Bale of Lord Berkeley, to BylUngts 
and Fenwicke.' — III. Assignment of West Jersey to William Penn, ana otheia 
in Trust, for the Creditors of Bylltnge.— IV. " Concessions/' Or Constitution rf 
West Jersey.— V. 'Measures of the rroprietaries to promote Colonisation. — VI. 
Commissioners appointed to Administer the Government of West Jersey — their 
Proceedings. — VIi. Increase of Emigrants — Suocess of their Efforts. — VITL 
Death of 8ir Oeofge Carteret — Successful Efforts of the Colonists, to procure 
Relief, fh>m the Jurisdiction of New York. — IX> Extraordinary Pretensions of 
Byllinge. — X. Resisted by the Proprietaries, in General Assembly — Saxnue] 
JenninM elected Governor — Proceeds to England, as Deputy of tke Assean- 
bly — The Right of Government, purchased by Doctor Daniel Coxe, and subse- 
quently transferred to the West Jersey Society.— XII. Meeting of the First 
Assembly-^Proceedings. — XIII. Modification of the Law,<l-elating to ReligkNU 
Faith.— XIV. Death of Carteret— his Disposition of East Jersey.— XV. Trouble* 
at the Close of the Administration of (^hilip Carteret.— XVl. Review of the 
Policy of the Proprietary Governments. — XVtl. Comparison between the Laws 
of East and West Jersey. 

I. Soon after the restoration of Charles II., the Quakers beeame objects 
of suspicion and dread, to his government, from a mistaken supposition, 
that, like the Fifth Monarchy men, or MiUenarianSy they held themselves 
entitled to overthrow, even by force, every temporal authority, which ob- 
structed the advent of their cherished spiritual dominion. This suspicfon 
was increased by the insurrection of the Millenarians, b the fitst year of the 
restored monarchy; and the refusal of the Quakers to give assurance of 
fidelity to the king, by taking the oath of allegiance. In consequence of this 
error, they were assailed with a rigour and reality of persecution, which 
hitherto they had never experienced, in England. They were, first, in- 
duded with the Millenarians, in a royal prodamation, forbidding either, to 
assemble under pretence of worship, elsewhere, than in the parochial church- 
es ; but were soon afterwards, distinguished by the provisions of an act of 
parliament, that applied exclusively to themselves.* This statute enacted, 
that all Quakers refusing to take the oath of allegiance, and assembling to 
the number of five persons, above sixteen years of age, should, for the first 
and second oflfences, incur the penalty of fine, and imprisonment ; and for 
the third, skould either abjure the realm, or be transported beyond it. Nay, 
so cordial was the dislike entertained by the court, against th6m, that, in- 
stead of using their complaints as cause of quarrel, with the obnoxious pro- 
vince of Massachusetts, the enmity in this province against the Quakers, 
was sustained: and the authorities there, were invited to a repetition of the 
severities, which had been, at one time, prohibited. " We cannot be under* 
stood," said the king's letter of 1662, after urging general toleration, " hereby, 
to direct or wish, that any indulgence should be granted to Quakers, whose 
principles, being inconsistent with any kind of government, we have found it 
necessary, with the advice of our parliament here, to make a sharp law 
against them ; and are well content, that you do the like, there." 

These unfavourable and erroneous sentiments, it is true, were shortly 
after exchanged by the king, for a more just estimate of Quaker principles. 
But^ the alteration in his sentiments, produced no relaxation of the legal 

* Grahame's Col. Hiat. vol. ii. p. 333. 

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HISTORY OF NEW JERSEY. 83 

seveiitieB to which the Quakers were subjected ; and was attended with no 
other consequence, than a familiar and apparently confidential intercourse, 
betw^n hino, and some of their more eminent leaders, together with many 
ezpres^ons of regard cmd good will, oa his pcurt, which he was unwilling or 
unable to siibstantiate. In the persecution, now commenced against all 
classes of dissenters, the Quakers were exposed to a more than equal share 
of severity, from the unbending zeal^ with which they refused to conform, 
even in appearance, to any one of the obnoxious reqpisitions, and the eager- 
ness with which they seiased every opportunity of manifesting their forbidden 
practices, and signifying their peculiar gifls of |!>atient suffering, and untiring 
perseverance. In every part of England, they were harassed with fine and 
imprisomnent, and great numbers were transported to Barbadoes, and' to the 
American settlements;* where, they formed a valuable additian to the 
English population, and auickly discovered, that their persecutors, in expell- 
ing them from their native land, had, unconsciously, contributed to ame- 
liorate th«r condition. Instead , of the wild enthusiasts who had rushed 
with headlong zeal to New Eilgland, in quest of persecution, there was now 
introduced into America, a numerous body, of wiser and milder, professors 
of QuakerJ^m,'who0e views were cohfuied to the enjoyment of that liberty of 
worship, for the sake of which, they had been driven into exile. 

In several of the American province^, as in the island of Barbadoes, they 
experienced full toleration, and friendly reception from the governments, 
and inhabitants; andr even in those provinces, where they were still objects 
of suspicion and severity, they rendered their principles less unpoptdar, by 
demonstrating with what useful industry, and peacefbl virtue, they might be 
combined. Contented with the toleration of their worship, and diligently 
improving the advanta^ of their new lot, many of the exiles obtained, 
in a few years, to plentiful and {iroeperous estates : and so willing were they 
to reconcile their tenets, with existing institutions of the countries, in which 
they were established, that they unitwi in the purchase and employmeni of 
negro Blaves4 Perhaps, the deceitfuhiess of the human heart, was never 
more strikingly exhibited, than in this monstrous association of the charac- 
ters of exiles, for conscience sake, and the principles of universal peace and 
philanthropy, with the condition of slave owners and the exercise of arbi- 
trary power. Yet, in process of time, much good was educed kom this 
evil ; and the inconsistency of one generation of Quakers, enabled their suc- 
cessors, to exhibit to the world, a me^iomble example of disinterested re- 
gard, for the rights of human nature,^ and a magnanimous sacrifice to the 
requirements of piety and justice.f 

The princi^s of the sect continued, meanwhile, to propagate themselves, 
in Britain, to an extent, that more than supplied the losses occasioned by the 
banishment of their professors. Almost all the other sects had sufi^red an 
abatement of piety and reputation, from the furious disputes, and vindictive 
stru^les, that attended the civil wars; and while the Quakers were exempted 
from this reptoach, they were no less advantageously distinguished, by a 
severity of persecution, which enabled them to display, in an eminent de- 
grte, the primitive graces of Christian character. It was, now, that their 
cause was espoused, and their doctrines defended, by writers, who yielded 
to none of their contemporaries, in learning, eloquence, or ingenuity, and 
who have not been equalled, nor even approached, by any succeeding 
Quaker authors. The . doctrines that had fkMited, loosely, through the 

* In one veMel alone, which was deipatch^ from En|^land, in March, 1664, sixty 
Quaker conTicU, were ehipped, for Amenc^^WUUtm$on*s J^orth Gsroim*, i. 8d. 
t Grahame'B Col. Hist 
• E 



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34 HISTORY OF NEW JERSEY. 

Quaker society^ were collected and reduced to an orderly syistem; the disci- 
pline necessary to preserve fron) anarchy, and restrain the fantastic sallies, 
which ^he genuine principle of Quakerism, is peculiarly apt to beget, w^as 
explained and enforced ;* and in tha midst of a persecution that drove many 
of the Presbyterians of Scotland to de&pair and rebellion, the Quakers b^^an 
to add to their zeal and resolution, that mildness of address and tranquil 
propriety of thought, by which they are universally characterized. Y^, 
it was long before the wild and enthusiastic spirit, which had disdnguished 
the rise of the society, was banished entirely from its bosom ; and white it 
continued, a considerable diversity of sentiment and language, prevailed 
among the brethren. This diversity was manifest, particularly, in the senti- 
ments entertained relative to the duty of confronting persecution. While aH 
considered it unlawful to forsake thdr ordinances, on account of the prohi- 
bition of their oppressors, many held it, a dereliction of duty, to abandon 
their counti*y, for the stike of their enjoyment in a foreign land. Consider- 
ing Quakerism as a revival of primitive ChristiaJiity, and themselves as fated 
to repeat the fortunes of the first Christians, and to gain the victory over the 
world, by evincing the fortitude of martyrs, they had associated the success 
of their cause with the infliction and endurance of persecution, and deemed 
retreat, to be flight from the contest between truth and error. The ptomlil- 
gation, rather than the toleraticm, of their principles, seemed their great 
object ; and their success W€W incomplete, without the downfall of the esta- 
blished hierarchy. But others of more moderate temper, though willing to 
sustain the charhcter of the primitive Christian, believed it not inoonsistent 
with the exercise of that liberty, expressly given to the apostles, when per- 
secuted in one city; fo flee to another. Disturbed in their religious assem- 
blies, harassed and impoverished by fines and imprisonments, and withal* 
continually exposed to violent removal from their native land, they wer^ led 
to meditate the advahtages of voluntary expatriation with their families and 
substance; and, naturally, to cast their eyes on that country, which, not- 
withstanding the severities once inflicted on their brethren, in some of its 
provinces, had always presented an asylum to the victims of persecution. 
Their regards were further dh-ected to this quarter, by the number of their 
fellow sectaries, who were now established in sevferal of the North American 
states, and the freedom, comfort, and tranquillity, which they were there ena- 
bled to enjoy.f 

II. Such was the situation of the Quakers when Lord Berkeley, alenrmed 
by the insubordination of the planters of New Jersey, and dissatisfied with 
the pecuniary prospects of his adventure in colonization, ofibced his share of 
his province for sale^ He soon received the offer of a price, that was satis- 
factory, from two English Quakers, John Fenwicke and Edward Byllinge; 
and on the 18th March, 1673, in consideration of one thousand pounds, con- 
veyed his interest in the province, to the first, in trust for the other. A dis- 
pute arising between these parties, respecting their proportions of interest; to 
avoid the scandal of a law suit, it was submitted to William Penn, who now 
held a conspicuous place in the society of Friends. With some diffi- 
culty, he succeeded in making an award satisfactory to both parties. Fen- 
wicke, in 1675, sailed from London, for the new purchase, in the diip Grif- 

* See Appendix y C. 

t Chmgh and SeweH's History of the Quakers, vol. i. chap. 2. 4, 6^ 7 and 8, vol. ii. 
chap. 4. Neal's History of the Puritans, vol. iv. Orahame's Uol. Hist. From the 
last work I have drawn, principally, the preceding view of the Quaker motives for 
emigration. It has, however^ sufierdd such modification, in my hands, as to render 
me responsible for it 



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fflSTORY OF NEW JERSEY. 35 

fith, with his fiunily and several Quaker associates.* IChis was the first 
English vessel that came to New Jersey with emigrants. After a prospe- 
rous voyage, she landed her freigl)t,-at a rich and pleasant spot on a branch 
of the Delaware, to which Fenwicke, on account, probably, of its peaceable 
aspect, gave the name of Salem. 

III. Further, immediate^ eflforts, at colonization, were prevented by the 
conunercial embarrassments of By llinge, who had sustcdned such losses, in 
trade, as rendered it necessary for him to assign his property for the indem- 
nification of his creditors, with a resulting trust, in whatever balance there 
might be, for himself. Penn, unwillingly, at the solicitation of some of the 
cr^tors, becaipie joint assignee, with Gawn Lawrie and. Nicholas Lucas, 
(Quakers and creditors) of Byllinge's interest, in New Jersey. These trus- 
tees, under the pressure of circumstances, sold a considerable number of 
shares, of the undivided moiety, to diflferent purchasers, who, thereby, be- 
came proprietaries, in common, with them. 

IV. As all men, when, now, enligrating to America, sought, not only re- 
ligious, and civil freedom, but, also, the security which these could receive in 
tb& form of permanent records or constitutions, the proprietaries of West 
New Jersey, published their " concesnonsy^ comprising many of the provi- 
sions of the instrument formed by Berkeley and Carteret, together with others, 
originating with themselves. The management of the estate and affairs of 
the province,, was committed to the commissioners, appointed by the proprie- 
taries, with power to divide and sell the lands, to lay out towns, and, gene- 
rally, to govern ^the province according to the '^concessions,'^ until March, 
1680; at, which time, and thence, annually, ten commissioners were to be 
elected by the people, until a Greneral Assembly should be chosen. 7^e 
territory was to be. divided into one hundred lots, or proprietaries, ten of 
which, to be assigned to Fenwicke, and the remainder to the assignees of 
Byllinge; and the hundred proprietaries were to be divided into ten divi- 
sions or tribes, and the inhabitanU of eeich, were empowered to elect a com- 
missioner ; and, for the avoidance of ** noise and confusion, all elections were 
directed to be by balloe. Lands Were given to settlers upon principles analo- 
gous to those adopted in the concessions of Berkeley and Ceu:teret. 

The instrument then sets forth, the charter or fundamental laws, and de* 
dares, that, they shall be the foundation of the government, not to be altered 
hy the legislative authority: that every member of the Assembly, who shall, 
desiaiedly, wilfully, and maliciously move anything subversive of such con- 
stitution, on proof, by seven honest and reputable persons, shall be proceeded 
against, as a tjcaitor to the government : that, such constitution should be 
recorded, in a^v table, at the Assembly house, and read at the commence- 
ment and dissdKtion of every Assembly, and be, also, written in fair tables 
in every common hall of justice, and read, in solemn manner, four times 
every year, in presence of the people, by the magistrates : that, as no men, 
nor number of men, upon earth, had power to rule ov^r men's consciences, 
no one should, at any time, be called in question, or hurt in person, privilege, 
or estate, for the ss^e of his opinion, judgment, faith, or worship, towards 
God, in matters of rdigion : that, no inhabitant should be deprived of life, 
limb, liberty, privilege, or estate, without due trial and judgment, passed by 
twelve good and lawfiil men of his n^hbourhood ; and in all trials^ the 

* There came ptseengert, with Fenwicke, Edward Cfaa^pnees, Edward Wade, 
Samael Wade, John Smith and wife, Samuel Nichollt , Richard Ouv, Richard Noble, 
Richard Hancpck, John Pledger, H^polite Lefever, and John Matlock. These, and 
othen with them, were masters ef ramUies. Among the servants of Fenwicke, were 
John Adams and Samael Hedge, who, subsequently, marrie4 his daughters.— SmifA'i 
JV. J. 79. 



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36 . HISTORY OF NEW JERSEY. 

accased might peremptory challenge thirty-five jurors, and for cause shown, 
the whole array : that, in civil cases, no inhabitant of the province should 
be arrested, until ailer summons and default of appearance; and imprison- 
ment for debt, on surrender of the property of the debtor was prolubited z 
that, every court should consist of^hree justices or commissi<»iers, who, 
sitting with the jury, should' assist them in matters of law, but should pro*- 
nounce such judgment, only, as the jury should give; to whom, only, the 
right of judgment belonged, in all causes civil dnd criminal ; and should the 
commissioners refuse, then judgment to be pronounced by one of the jury : that, 
in all causes, civil and criminal, proof should be made by " the solemn and 
plain averment'* ofi at least, two hc«estand reputable pejrsons; and perjury, in 
civil causes, was punishable by the penalty the one witnessed against might 
sufier, and in criminal cases, by fine, disqualificatidn from giving evidence, 
and from holding office : that, in criminal cases, not felonious, the injured 
party might compound the ofience before, or remit the penalty afler, j«dg- 
ment : that, thefl -should be punished, by twofold restitution, and for lack of 
means, by the labour of the o^nder, until such restitution should be made, 
or as twelve men of the neighbourhood should determine, not extending to 
life or Ihnb ; and that breach of the peace, should be punished according to 
the nature of the offence, at the discretion of twelve men of the neighbcAir- 
hood, appointed by the commissioners- 
Much providence was displayed in the care of the estates of decedents^ 
Wills were to be registered, and inventories filed, and security given, by 
executors, before administration. In case of intestacy, like provisi(Mi was 
made in regard to administrators; and to secure two parts of the estate, 
for the chiWren, and one-third to the wife; and if there were no child, half 
to the next of kin, and half to the wife : and guardians were appointed, of 
the persons and estates, by the coinmissioners. Where parents di^, leaving 
children and no estates, the commissioners were to "appoint persons to 
take care for the children, to bring them up at the charge of the public stock 
of the province, or a tax to be levied by twelve men of the neighbourhood.' 
No forfeiture was incurred, by suicide, or by way of deodand^ and in cases 
of murder and treason, the sentence, and way of execution thereof, was left 
to the General Assembly to determine, as they, in the wisdom of the Lord, 
should judge meet. - 

As soon as the divisions or tribes, or such like distinctions should be 
made, the inhabitants, on the first of October, yearly, were to elect ona pro- 
prietor or freeholder, for each proprietary, *'to be deputies, trustees, or 
representatives, for the benefit, service, and behoof of the pe^e ; and whose 
number was a hundred, corresponding to the number of ^J proprietaries. 
Provision was made for the purity of elections, which were not to be deter- 
mined by the commoi;i and confused way of (a^ies and voices; but by putting 
balls in balloting boxes, for the prevention of all partiality, and whereby 
every man might freely choos^; according to his own judgment and honest 
intention. This supreme legislature was empowered, to meet and adjourn 
within the year, at pleasure ; to fix the quorum for business, at not less than 
one-half of the whole^ wad the votes of two-thirds of the quorum were re- 
quired for determination. The question frequently agitated, relative to the 
obligation of the representative, to obey the instructions of his constituents, 
was, here, fully decided. He was holden, justly, to be their deputy or agent ; 
and they were required, at his election, to give him their instructions at large, 
and he, to enter into indenture, under hand and seal, covenanting and oblig- 
ing himself, in that capacity, to do nothing, but what should tend to the nt 
service and behoof of those that sent and employed fakn; and on failure of 
trust, or breach cf covenant, he might be questioned in that or the next 



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fflSTORY OF NEW JERSEY. 37 

AoKmUy^ by any of his electors: And further,. ^ach member nfsa allowed 
one shilling, per day^ payable by his.consU^tuents, not in compensation of his 
services, but that he might be known, as the servant of the people. The , 
Assembly was, also, authorized, to constitute and appoint, ten commissi<mers 
of estate, for managing the affairs of the province, during the adjournments^ 
and dissolution of the General Assembly : Tq enact all laws for the well- 
government of the provmce : To constitute all courts, together with the limits, 
power and jurisdiction thereof; To appoint the judges for such time as they 
may deem meet, tiot more than two years, their salaries, fees, and appella- 
tions: To appoint commissioners of the public seals, treasurers, and clnef^ 
justices, embassadbfs, and collectors. But the justices of the peace, and 
constaUes, were to be chosen by the people.* 

The faults of this system of government are radical and glaring. A 
many-headed executive, possessing a temporary, and reflected portion only, 
of political power> necessarily engendered jealousy, division and favouritism; 
and distracted councils, produced contempt and d^bedienoe. The l^psla- 
ture,. composed of onejiou^ was exposed to the evils of precipitation: and 
choosing from itself the execudvje, and the greater propordon of the officens 
of the commonwealth, to intrigue and corruption. Courts, without perma- 
nent judges-!^with juries, determining, in all cases, the law, as well as the 
fact, would disregard the established rules of jurisprudence, and produce 
uncertainty in tl^ administration of justice; whilst the limited tenure of 
o&cej made incumbents unskilful and rapacious. Yet, this instrument coi^ 
tained many excellencies, and revealed principles of political science, which 
the eidight^oed philosophy of the present age, has not yet fully developed* 
Thus, the most entire liberty Of conscience, was established ; and the politi- 
cal power was emphatically in the people, who were absolutely free to pursue 
their own happiness; — the right of suffrage was universal — the personal 
liberty of the citizen was c^rished, and the barbarism of imprisonment for 
debt, whether upon initiatory or fined process, was abolished. The punish- 
ment of crimes, had in view, the reparation of injury, rather than the inflic* 
ttcm of vengeance; and in no instance, did it extend to the loss of life or limb* 
The evidences of property were secured by roistering offices ; — and rules 
for the treatment of the aborigines, wer^ fram^ upon principles of justice 
and humanity. The love of the proprietaries, for ohnl and reUgious freedom, 
and democratic rule so thorpughly established in the Quaker societies, .was , 
certainly conspicuous in their concessions, and had they poesesasd as muc\k 
experience, as zeal, they would, probably, have framed a finished system. 

V. Wkh the j^lication of this instrument, the proprietaries gave a spen 
cial recommen^Bn of the province, to the members of their own religious 
fraternity, wfaicnproduoed an immediate display of that diversity of senti- 
ment, which had begun to prevail in the society. Many, with lively expec- 
tations of future happiness, prepared to embark for the New Utopia; whilst 
others regarded with jealousy, and vehemently opposed, a secession, which 
they deemed pusillapimous^ To moderate the expectations of the one, and 
appease the jealousy of the other, of these parties, William Penn, and his 
colleagues, addressed a circular letter, to "Friends," solemnly cautioning 
them, against leaving their country, from a timid reluctance to bear testi- 
mony to their principles, from an impatient, unsettled temper^ or from any 
motive inferior, to a deliberate conviction, that the Grod of all the earth, 
opened their way, and sanctioned their removal. ' And admonishing them, 
to remember, that, although Quaker principles were established, in the pro- 
vince, only Quaker safeguards could be interposed for their protection; and 

* See Appendix, D. 

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38 HISTORY OF NEW JERSEY. 

that, religtous toteration must depend for its continuance, on the aid of tlie 
Bein^) with whose will they believe it to concur, and could never be defeocl- 
, ed by force, against the arm of the oppressor. To this admonitory l^tex, 
there was annexed, " A Description of West New Jersey," correcting scene 
trivial exa^erations, which had been bruited abroad, of the excdlence of ttie 
soil,- and climate ; but conveyii^, in the main, a most inviting .representation 
of the country. This neither did, nor was intended, to repress the ardour 
of Quaker emigraticm. Numerous purchases of colonial land, were macie^ 
by Quakei^, in varbus parts of England ; and in the course of the year 
1677, upwards of four hundred persons of this persuasion, transported them- 
sdves to West New Jersey ; many of whom, were persons of property and 
respectability, who earned with them, their children ipid servants. 

The first care of the assignees of Byllinge, was to make a partition of the 
province, between them and Sir George Carteret, which was effected by a 
deed, quintipartite,* comprehending, Sir George, William Penn, Gawn 
Lawrie, of London, merchant, Nicholas Lucas, of Hertford, malster, and 
Edward Byllinge, ot Westminster; directing a straight line to be drawn 
through the province, from north to south, from the most southerly point of 
the ea^t side of Little Egg Harbour, to the mo^ northerly point, or boundary 
on the Delaware. To the portions thus separated, were giv^i the names of 
East and West Jersey, respectively.f 

3oon afler,J letters were addressed by the West Jfersfey proprietaries, P^in, 
Lawrie, Lucas, Byllinge, (who had still an equitable interest,) and John 
Eldridge, and Edmond Warner, who had become the assignees of Fenwieke's 
portion, to Richard Hartshome, Richard Guy, and James Wasse. The 
two first were Quakers, resident in East Jersey, and the last, an agent, sent 
out spedally, from Europe. They were instructed to resist and control 
some irregular proceedings of Fenwicke, in the disposition of lands, to pre- 
pare for the many emigrants about to depart for the tolony, to purchase 
lands from the natives, and to. select a site for, and lay out a town of four or 
five thousand acres.§ Among the purchasers of West New Jersey, were 
two companies, one, of Friends from Yorkshire, and the other o^Fritnd* 
firom London, who coBtracted for very considerable shares, for which they 
received patents.|j 

VI. In 1677, the promised comitiissioliers were sent out, by the proprieta- 
ries, to administer the government, pursusuit to the concessions.** They 
embarked on board the Kent, Gregory Marlow, master, the second ship 
from London, to West Jersey* Whilst on the Thafnes, Charles II., in his 
pleasuring barge, came along side, and observing the number of passengers, 
and learning whither they were bound, a^ed if they were all Quakers, and 
gave them his blessing. After a tedious passage, they arrived at New 
Castle, on the 16th of August; and soon afler, two hundred and thirty, land- 
ed At the Tnouth of Raccoon creek, where the Swedes had some habitations. 
Notwithstanding their number, the greatest inconvenience wh»h they suflfer- 
ed, was want of room for lodgings ; and some terror, from the abundance of 

* Dated Ist July, 1676. 

t Learning iuid Spieer't Coltectkm. 

X 26th August, 1676. 

i The ffuryeyorjpropoied for this duty, was a certain Augustio, of Maryland, or 
William Elliot, of Y ork river, Virginia. 

II See Appendix, E. 

^ These commissioners were iThomas Olive, Daniel Wills, John KinseV) John 
Penford, Joseph Helmsley, Robert "Stacy, Benjamin Scott, Richard Guy, and Tliomas 
Fonlke. Richard Guy came in the first ship. John Kin^j <lie<] &t Shackamazon, 
Kensington, soon after his landing; his remains were interred at Burlington, in 
ground appropriated fiur a burial grOun^, but now a street.— $inttik*# JVeto Jersey. 



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HISTORY OF NEW JERSEY. 39 

snakes, which were occasionaUy seen in their chambers, or crawling over 
the low roofs of their dwellings.* The vessel on the passage had dropped 
anchor at Sandy Hook, whilst the commissioners proceeded to New York, 
to exhibit their commission to Andross. He treated them civilly, but demand- 
ed, if they had any communication from the Duke, his master. This mea* 
sure, obviously requisite, the comixiissioner& had strangely n^lected, and 
when Andross declined to recosnise their authority, instead of e^tenui^ing 
thdr imprudence, they strenuously insisted upon their rights, under the assign- 
ment of Lord Berkeley. Andross cut short the controversy, by pointing to 
his sword; and as this was an argument^ which they could not retort,, they 
submitted to his jurisdiction, until they could obtain redress from England; 
taking magistrate's commissions from him, and conducting the land affiiirs 
according to their instructions. Fenwicke^ who neglected to take a like pre* 
caution, in relation to his tenth, was twice seized, and detained, some time, 
prisoner, in New York. 

Upon their arrival in the Delaware, the commissioners obtained, from the 
Swedes, interprj^ters, by whose ajgency they conducted their n^otiations 
with the Indians, and purdiased the lands from Timber Creek to ^emcocus, 
from Oldman's Creek to Timber Creek, and from Rancocus to the Assiin* 
pink, by three several conveyances^f .Not having sufficient goods to make 
payment for the land last purchased, they covenanted not to settle any por- 
tion of it, until full payment should have been made. Afler e^^amination of 
the country, the Yorkshire commissioners, Helmesly, Emley, and Stacy, oa 
behalf of their constituents, chose the tract between Rancocus> and the Falls, 
which hence was called the first tenth; whilsfthe London commissioners, 
Penford, Clive,. Wills and Scott, selected that bek>w Timber creek, which 
waa' called the second tenth; Disastisfied^ however, with this* separation, 
the Yorkshire men proposed to the Londoners, that, if they woold unite in 
establishing a town, the latter should have the larger proportion, in conside- 
ration, that the Yorkshire men had the better land in the woods. These 
terms were embraced, 6uid one Noble, a surveyor who came in the first 
ship, was ^:Aployed to. lay out the town plot, running tb& main street and 
dividing the land on either side, into lots, giving those on the east, to the 
Yoricshire, and those on the west, to the London, proprietors. The town 
thus founded, was fir^t called New Beverly, afler Bridlington, but the name 
was soon changed to Burlington, whichjt now bears.§ 

These pioneers having arrived late in the autumn, the winter was much 
spent, before they could erect permanent dwellings. Ihthe mean time, they 
lived in wigwam% built afler the manner of* the Indians, and subsisted chiefly 
on Indian corn tM venison, supplied by the natives. These simple people, 
less corrupted, than they afterwards became, from the use of ardent spirits, 
were kind to their guests, notwithstanding some malicious insinuations, that 
the strangers had sold to them the small pox in their match coats; that 
distemper having attacked them at this period. 

Vn. Ih the same year arrived two other vessels. The Willing Mindy 
John Newcomb, commander, with about seventy passengers, dropped anchor, 
at Elsinburg, in November. She was soon afler followed, by the fly boat, 
Marthtty of Burlington, Yorkshire, with one huddred and fourteen. On the 
10th December, IJ^S* came The Shield, from HuH, Daniel Townes, com- 
mander. When passing Coaquanock, the site of the present dty of Phila- 
delphia, she ran so dose to the shore, that in tacking, her spars struck the 

• Smith'i N. J. 

t Dated, refpectively, 10th September, 27th September, and 10th October, 1677. 

I Smith'i N. J. § See Appendix, F. 



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40 fflSTORY OF NEW JERSEY. 

trees^ and Bome one on board remariced, how fine a spot thia was ffxt a toi 
A firesh gale brought her to Burlington, being the first vessel that came- 
far up tl^ Delaware. She moored to a tree, and the next morning the 
sengers came ashore on the ioe« About the s&me period, another alHp 
arrived from London, fireighted with passenfi;ers*^ 

Aithou^ compelled to endure the hardships inseparable from the occt^Mi- 
ti(» of a desert land, these were quickly surmounted, by the industry aod 
pati^ice of the emigrants. Their town soon assumed a thriving appearaaoe, 
and was rapidly enlarged by ifvcreasing members. In this, as in other, in&nt 
settlements of Amenca, the success of the colonist was commonly piopor- 
ticmed to the original humility of his condition ; and he, who emigrated as m. 
servant, Was finequently more prosperous than his master. Persevering in- 
dustry, temperance, and self-reliance, always reaped a full reward, whilst 
self-indulgence, and dependence upon hirelings, terminated in poverty. 

VIII. Sir George Carteret, proprietary of East Jersey, died in 1679; 
having derived so Uttle benefit from his American territory, that he found it 
necessary to bequeetb it to trustees, to be sold for the Wiefit of his creditors. 
The exemption, this- district enjoyed, from the jurisdiction of the Duke o* 
Yoric, had not contributed to moderate the discontent of the inhabitaDts ot 
Wert Nev Jersey, with his assumed illegal authority. They, incessantly, 
nnporttmed him for redress, and were, at length, provoked by a tax of five 
per cent., which Andross imposed, on the importation of European merchan- 
dise, to additional vehemence of complaint, and urgency of solicitation. 
Wearied, at length, with the importunity of these miitors, rather than moved 
by the justice of their compllint, the Duke referred the subject to commis- 
sioners, by whom, it was finally submitted to Siir William Jones.t 

The argument, in behalf of the colopists, on this occasion, prqiu^ 
by William Penn, George Hutchinson, and others, chiefly Qnidctts, 
breathes a firm, undaunted spirit of liberty, worthy the founders of a North 
American commonwealth; and contains traoeii of those principles, which, 
subsequently, led the colonies to full emancipation.^ " Thus then," they say, 
after a deduction of their title, " we came to buy that^ moiety, which belonged 
to Lord Berkeley, for a valuable consideration; and in the conveyance he 
made us, powers of government are expressly granted; for that, only, cooM 
have induced us to buy it : and the reason is plain, because to all prudent 
men, the government of a place is more inviting than the soil. For what is 
good land without good laws ?— the better the wor^. And if we could not 
assure people, of an easy, and firee, and safe government, both 'with respect 
to their spiritual and woridly property, — ^that is, an uninterrupted liberty of 
conscience, and an inviolable possession of their civil rights and freedomsy 
by a just and wise government, — a mere wilderness would be no encourage- 
ment ; for it were madness to leave a free, good, and improved country, to 
plant in a wilderness, and th6re adventure many thousands of pounds, to 
^ve an absolute title to another person, to tax us at will and pleasure.** 
Stating the lax imposed "by Andross, they proceed > •* This is one grievance; 
and for this, we make our application to have speedy redress, not as a burden 
otily, with respect t0 the quantum or the way of fevying it, or any circum- 
stance made hard by the irregularity of the oflicers, but as a wrong; fi>r 

* See Appendix, G. , f Grahame's Col. Hist. vol. ii. 344. 

X This doeument. found ^n Smith's History, is unnoti<;ed by Chalmers ; and if Im- 
perfectly abridged bv Winterbothun (vol. ii. p. ^87>. Grahame (vol. ii. p. 346) admits 
that Penn concurrea in its presentattoh, and, probabl;^, assisted in its composition ; 
bat denies that he was the sole author, as some of his biographers have insisted; sap- 
posing this preien^on to be reAited, by the style of the document; in which, not too 
jiU|^test resemblance is discernible, to any (^ nis acknowledged productions. 



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BISTORT OF NEW JERSEY. 41 

W9 coinpl8i& of aiNrrong, done va^ and ask, yet, with modesfy, quo jure? 
Tell us the title, by what right or law, are we thus uded, that may a little 
mit^te our pain? Your answer, hitherto, hath been thid. That it was a 
conquered country; and that the King, being the conqueror, has power to 
make laws, raise money ^ &c; and that this power /tire regale ^ the King 
bath vested in the Duke ; and by that rig^ and sovereignty, the Duke de- 
mands that custom we complain of. Natural right and humane prudence, 
Of^oae such doctrine all the worid over ; for what b it, but to say, that peo- 
ple, finee by law, under their prince at home, are at his mercy in the planta- 
tk>ns abrc«d; and why? because he is a conqueror there, but stiU at the 
hazard of the lives of his own people, and at the cost and charge of the 
public We would say more, but choose to let it drop. But our case is 
better yet; fpr the King's grant, to the Duke of York, is plainly restrictive 
to the laws and government of England. Now the constitution and go- 
vernment of England, as we humbly conceive, are so far from countenancmg 
such authority, that it is^ made a fundamental in our constitution, that the 
King of England cannot, justly, take his subject's goods without their con- 
sent. This needs no more to be proved than a principle ; .'tis/ii« indigene^ 
an home-bom rights declared to be law by divers statutes." — ^** To give up 
the power of maMng laws, is to chainge the goveHmient, to sell, or rather, to 
resign, ourselves to the will of another^ and^that for nothing. For, under 
&vour, we buy nothing of the Duke, if net the right of an undisturbed co- 
lonizing, and that, as Englishmen, with no diminution, but expectation of 
some increase of those fireedoms and privileges enjoyed in our own country; 
for the soil is none of his ; 'tis the natives, by tfae.;ii« genHum, the law of na- 
tions; and it would be an ill ailment to OHivert them to Christianity, to 
Qxpd, instead of purchasing them, out of those coimtries. If then, the coun- ' 
try be theirs, it is not the Duke's: he cannot sell it; then what have we 
bought?" — "To conclude this point, we humbly say, that we have not lost 
any part of our liberty, by leaving our country; for we leave not our Kong, 
nor our government by quitting our soil ; but we transmit to a place given 
by the same King, with ^ress limitation to erect no polity contrary to the 
same estabhshed government, but a^ near as may be to it; and Ais varia- 
tion is allowed^ but for the sake of emergbncies, and that latitude, bounded 
by these words, for* the good of the adventurer and planter." Afler this, as 
they term it, the " point of law" of the case, they proceed to insist upon the 
equity of it; protesting, that the "tax is not to be found in'the Duke's con- 
veyances; that it was an after business, a very surprise to the planter."*—' 
" This, in plain English, is under another name, paying for the same thing 
. twice over." — ^"Custom, in all governments in the worM, is laid upon trade; 
but this, upon planting, is unprecedented. Had we brought conmiodities to 
these parts to sell, made profit out of them, and returned to the advantage 
of traders, there had been some colour or pretence for this exaction ; but to 
require and force a custom, from persons, for coming to their property, their 
own terra frfML^ their habitations ; in short, for coming home, is without a 
parallel. This is paying custom, not for trading, but for landing; not for 
merchandising, but plantmg." — ^*' Besides there is no &dA of this power; for 
since we are, by this prec^lent, assessed without any law, and hereby ex- 
cluded our English right of common assent to taxes; what security have we> 
of any thing we possess? We can call nothing our own, but are tenants at 
will, not only for the soil, but for all our personal estates. We endure 
penury, and the sweat of our brows, to improve them, at our own hazard, 
only. This is to transplant, not from good to better, but from good to bad. 
This sort of conduct has destroyed government, but never nused one to any 
true greatness; nor ever will, in the Dulse's territories, whilst so many coun- 
F 

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4S HISTORY OF NEW JERSEY. 

triee, equallr good, in soil and air, surround, with greater freedom and 
security. La^ly, the Duke's circumstances, and the people's jealousies, 
considered, we humbly submit it, if there can be, in their opinion, a greater 
evidence of a design, to introduce an unlimited govemm^t, than both to 
exact such unterminated tax from English planters, and to continue it, afl^r 
so many repeated complaints. And on the contrary, if there be anything 
so happy to the Duke's present afiairs, as the opportunity he has to £ree that 
country with his own hands, and to make us all owete of our liberty, to his 
favour and justice : So will -Englishmen, here, know what to hope for, by 
the justice and kindness he shows to Englishmen there ; and all men, to see 
the just model of his government in New York, to be the scheme and draugirt 
in little, of his administration in Old England, at lai^, if the crown should 
ever devolve upon his head." 

Unpalatable as this argument must have been to the British court, and the 
counsellors of the Duke, at this period, it was triumphant. The commis- 
sioners were constrained to pronounce judgment, in conformity with the 
opinion of Jones, ♦* that as the grant to Berkeley and Carteret, had reserved 
no profit or jurisdiction, the l^ality of the tax could not be deifended." The 
Duke, therefore, without furth^ delay, abandoned all claims on West Jersey, 
confirming the territory, or soil of the province, in the fullest terms, to Wil- 
liam Penn, Gawn Lawry, and Nicholas Lucas, trustees for Byllinge, and to 
John EldridgjB, and Edmund Warner, assignees of Fenwicke, accoi^ng to 
their several interests, whilst he conveyed, expressly, the government to Ed- 
ward Byllinge, his heirs and assigns.* And soon after, he made a Kke 
confirmation, in favour of the representatives of his friend, Sir George 
Carteret-t 

The forcible and spirited pleading, we have noticed, derives special inte- 
rest, from the recollection of the conflict, then waging between the advocates 
of liberty, and the abettors of arbitrary power. Probably, none of the 
writings of which that period was, abundantly, prolific, was characterized by 
a more magnanimous efl^ort, for the preservation of liberty, than this first 
successfiil vindication, of the rights of New Jersey. Its most remarkable 
feature, is the strong and deliberate assertion, that no tax could be jusdy 
imposed upon them, without their consent. The report of the commissions^, 
and the relief that followed, was a virtual concession of this principle, which 
subsequently triumphed more signally, in the independence of the United 
States.^ 

* Indenture, dated 6th August, 1680. 

t 14th March, 1682. Learning and Spicer*8 Collection. 

X The case between the propnetariee and the Duke, relative to the gOTerament, ic 
of Bome complexity ; and from in^>ection of the documents alono, his pretemnons 
have better grounds than his advocates appear to have assumed for him. The char- 
ters of Charles II., to him, in addition to a full fee simple estate, in land, contain an 
express grant 6f the powers of government; whilst the deeds from the Duke to 
Berkeley and Carteret, convey a " trad of Und,'* specifically bounded, as in the 
transfer of a private estate. There is not the slightest allusion to the powers of 
government in them; and the special care taken to give such powers, in the one 
case, and to omit them in the other, would be a strong argument, that they were 
not d^si^ed to be granted) if such argument were needed, in the total absence of a 
grant. It certainly never can be maintained, that, a fee nraple, in land, carried with 
It a political power of government. In all cases where this power was intended to be 
conveyed, art words were employed, as in the grants to the Duke of York, to Balti- 
more, and renn. Berkeley could convey no other right than he possessed, nor did 
he attemot it, since that is not asserted ip the plea of the New Jersey proprietaries. — 
Nor in the deed, quintipartite of partition, between Carteret, ancF the grantees of 
Berkeley, is there any reference to the powers of government. So far, then, the case 
would teem to be clearly, that the Duke had retained the integrity of his political 
powers, as ^fruited him oy the crown. But against this paper case, there is strong 
ciicumitantial •vidence. 1. The assumption, and ondisputed exercise of politioiu 



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HISTORY OF NEW JERSEY. 4S 

IX. Bat, if we condemn, se^cirely, the tenacious hold of power, on the 
part of the Duke, how shall We characterize the pretensions of Byllinge, 
subsequent to the exclusive-grant of the government to him ? His conduct 
affords an additional instance of the corrupting force of power, and of human 
inconsistency. He asserts, as grantee of Berkeley, that he became the par- 
ticipant of political power, even by a deed fbr lands only ; but, when that 
power was expressly and unequivocally conveyed to himself, he denies the 
grant of similar power, to his assigns, though he is a party to the '^ conces- 
sions," by which it was clearly conveyed; under the pretence, it would 
aeem, that as such power was not then with him, he could not grant it, and 
though he had himself, taken the office of governor, by the election of the 
proprietaries. That his exclusive gubernatorial poWer might be known and 
felt, be proposed to r^nove Jennings, whom he had appointed his deputy, 
under his delegated powers, in 1479. 

X. The proprietaries, in General Assembly of the province, in June, 1689, 
eoet this pretension with due firmness and spirit ; resolving, that they had 
purchased the land and government together; that, in their deeds, Byllinge, 
the grantor, had covenanted, within seven years, to make further assura^ice 
of title, and was now bound, as they were, to fulfil his contracts ; that the 
^^ concessions" were adopted by proprietaries and people, as the foundation 
of the goyenu;nent of West New Jersey, by which they were resolved to 
stand; and that ^^ an instrument be drawn up and sent to some trusty friends 
in If<Hidon, for Edward Byllinge to sign and seal ; Vheoeby, to confirm his 
first bargain and sale, he made to the freeholders of this province, of land 
and government togethejc." They fiurther resolved, that upon such confir- 
mation^ they were willing to testify their gratitude, as their ability would 
permit; and should Byllinge visit the province, to show their free and unani- 
mous acceptance, and acknowledgments of his care and diligence in the 
premises. This subject, it would seem, had been some time under dis- 
cussioB, before the Assembly was vnxHight to these resolutions; and Wil- 
liam Penn had recommended that the people should secure themselves, by 
the elecHon of Jennings, to the office of Governor, and his promise to exe- 
cute the place, with fidelity and diligence, according to the laws, concesmons, 
and constitutions of the province. This expecUent, certainly not flattering to 
Byllinge, the Assembly adopted, and proclaimed Jennings governor, by 
virtue of the power vested in six parts in seven, of their body, to alter their 
constitution; and they bestowed the right to six hundred acres of land, to 
pay the diarges of the office. Upon this occasion, the governor, and all the 
ofikers, und^ the government, signed written engagements, faithfiilly to 
p^form their duty^* 

power, by Berkeley and Orteret, Opealy pronralgatod in their concessions. %. The 
snnender of the goremment, by NiohoUs, the agent of the Duke, to them, after remon- 
strance, against each a measure, by that agent. 8. The re-grant of the soil, and the 
anffi^nce of the resumption of pcJitical power, by the Duke, n^r the conquest, and re- 
conquest, by the Butch; and 4th, the continued and unquestioned exercise of such 
power, by ByUinffe, and his assigns, and by Carteret, after partition made. These 
are facts strangety at variance, with the deeds, and no one caA suppose their exisi- 
pnceyttfainst an adverse claim, on the part of the heir apparent to the crown. And it 
IS not the least singular part of the case, that whilst the Duke claims a i»artial politi- 
cal right, that of faying taxes, he sufiers undisturbed, the exercise of independent 
governments, in East and West Jersey. We mtist, therefore, believe, that there was 
an implied mnt of political power, in the oonveyance of the soil, which was too 
strongly confirmed by more than twenty years enjoyment, to be defeated. Tet, under 
these eiroumstances, the ready acquiescence of the Duke, in the award of the com- 
mipsioners, is extraordinary, when his love of power, and his tyrannical tneasores, 
Against other colonial governments, ar^ considered. 
* 6ee Appendix, H. 



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44 HI8TQRY OP NEW JEBflEY. 

SoboequeoCly, at an AaaemUy, comeped on tlie 30th of March, 1684, 
Governor Jennings, and Thomas Budd, were deputed to negotiate this nutter, 
in England; and two bondced pooads were voted for their expenses, which 
were advanced by governor Peno, then in Philadelphia; for the repayment 
of which, three thousand acres of land, were appropriated, above the falls of 
the Delaware* Upon his departure, Jennings nominated Thomas Olive, his 
deputy, who was duly elected governor, in May, 1684, and May, 1685. 
These measures, on the part of the Assenibly, seem to have been attended 
with the desired eflbct. A new charter, the precise nature of which, we are left 
to conjecture, was given by By Hinge, and deposited by the Assembly, in the 
custody of Olive and Gardiner, their treasurer, and directed to be recorded. 
This instrument, probably, restored the government to the footing of the 
" concessions;^' and John Skeine was- received as the deputy governor, of 
Byllinge, although the Assembly had, before, rejected Welsh, who had been 
appointed to the office. Skeine died in February, 1688.* ' 

XI. Upon the death of Byllinge, in 1607, Dr. Daniel Coxe, of London, 
already a large proprietary, at the instance of other proprietaries, purchased 
the interest of ByUinge's heirs, in the soil and government. Soon after, 
(September 6, 1687) he tuldreaed a letter to the council of proprietors in 
rfew Jersey, communicating this matter, and reviving the repudiated claim 
of Byllinge; declaring, ''that the government of the province was i^lly 
in him, as that of Pennsylvania in Penn, or East Jersey ih the piroprieta- 
ries; and that he was resolved, by the assistance of Almighty God, to exer- 
aae the jurisdiction to him conveyed, with all integrity, faith, fuhiess, 
and diligence, for the benefit and welfare of those, over whom, Divine Pro- 
vidence had constituted him superintendent, or chief overseer. But as he 
confirmed the '' concessions," and thereby, in fact, transferred, as Jennings 
had done, the full right of government, to the proprietors, jointly, his nakeJ 
assertion of exclusive right, appears to have excited no uneasiness in the 
province. Smith informs us, that, Coxe received the appdntment of go ver nor 
firom the proprietaries, and continued in that station until the year 166D; 
that, in the interval, Edward Hunloke was, at one time, his deputy ; and 
that a like commission had been sent to John Tatham, who, being a Jacobite, 
was rejected by the Assembly. In 1691, Dr. Ooxe conveyed the govevnment 
to a company of proprietaries, called the West Jersey Society, in considera- 
tion of nine thousand pounds staling, who, in 1692, appointed Andrew Ha- 
milton governor. This view of the governmental questioai, has carried us 
in advance of other portions of our subject, to whidi we now return. 

XII. West Jersey, now filled apace with inhabitants; the greater portion 
of whom were Quakers. Jennings convened the first Assembly, on 2dth 
November, 1681. This body enacted certain /tnuiamentoZ c<nuiUuH6n$^ 
and many laws. Pursuing the spirit of the <^ oonoessiixis,'' they, in the first, 
provided, for the annual election and meeting of the Assembly; the oUiga- 
tion of the laws by them enacted; the appointment and removal by tl^m, of 
all officers of trust; that no tax or custom should continue longer than one 
year ; and that no one should be incapable of office^ by reason of his &ith 
and worship. They prohibited the governor and council, from enacti^ 
laws, laying any tax, sending ambassadors, or making treaties, and from 
prorogumg or dissolving that house; and declared, that, upon Jennings* 
acceptance of these conditions, they would recognise him as deputy ce* 
vemor. These " constitutions vrere duly signed by Samuel Jenmngs, de- 
puty governor, and Thomas Olive, speaker. It would be diflicult to find 

* The salary of Clive was thirty poonda; of Skeine, thirtj baahela of rye, beside 
his feefli. 



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HISTORY OF NEW JERSEY. 46 

Wfiy instrunient, in lepiesentatiye goYermneiit, more demoerttio, car moie 
Hberal, in matteis of feligiqfos faith. Not even betief in the Deity, was neces- 
sary to human equality, whilst the constitution of tiie tkite of New Jersey, 
exdudes from o&oe ell who do not profess belief in the faith of some Pro- 
testant sect. 

Thirty-six acts embraced, and enforced, most of the provisions of the 
<^ ooBcessicuas*" Among them, however, i^as one authorizing the levy of two 
hundred pounds, *'tn acihj or ^skinSy €r iMney^^^ for defraying public debts 
and other public charges <3i the province. For this great sum, " Thomas 
Budd and TT^nias Gardiner, were appomted receivers-gaieral, with power 
to constitute and af^pc^t all inferior or sub-ooUectors, or otherwise, for the 
best and easiest way of raising the amount, throughout the province of West 
Jersey." Another enacted, that, if any person shall presume to offer afiront 
to the public authority, or any officiating in that capacity, he shall be punish- 
ed and. fined at the discretion of the court — an ofienoe certainly indefinite, 
and a latitude of punishment, whit^h, in some governments, would have been 
very alarming. A third, which was, however, soon after repealed, raised the 
value of the current coin "fifty per -coit.: a fourth, directed the makii^ of a 
highway from Burlington to Salem; and two others, appropriated twenty 
pounds to the governor, and five to the speaker, for their services. But 
among the most meritorious, was that imposing a heavy penalty upcMi the 
sale of strong liquors to the Indians. 

At the next session, holden in May, 1682, the Assonbly authorized each 
of the ten proprietaries, to dispose of five hundred acres of land, within their 
respective tenths, for defraying the public expenses, in such tenth: made the 
half-pence, coined by one Mctrk Newhie, a member o^ council, end caQed 
Patrick's half>peDoe, current coin of the province; with condition, howeyer, 
that no one should be obliged to receive more than five shillings of it, iii one 
payment: established Burlington and Salem as ports: empowered justices to 
soknmize marriages mi fourteen days notice, and conaei^ of parents: direct- 
ed ten bushels of com, necessary apparel, two horses, and one axe, to be 
given, «s fireedom dues, to servants: subjected land to the payment of debts ; 
prohibited the imprisonment of debtors, surrendering their estates; and de- 
dared the town of Burlington, the chief city of the provinoew 

At the neit session, May, 1688, some modification of the fimdam^tal 
laws was made. Hie governor and council, weire empowered to prepare 
bills for laws, promulgating them, twenty days, in the most public place of 
the province, before thie meeting of the General Assembly. The govenKM*^ 
council, and Assembly, met together, were declared the General Assembly; 
who might affirm, or deny, bills so prepared; and of this Assembly, the go- 
vernor was declared speaker, with a double voice. During the recess of uie 
AMsmbly, the government of the state^ was lodged with the governor and 
council. 

We have already noticed the proceedings of the Assembly, in relation to 
the claim of Byllinge; beside which, there were no subjects of interest, in 
the history of the succeeding decade of years. The planters appeared to 
have pursued, undisturbed, the noiseless tenor of prosperity. Some eflTorts, 
however, were made during this period, by the proprietaries of East and 
West Jersey, for running Uie line between their provinces. But of thds 
vexed and sdll unaetded question, we shall tresEt fiilly, in our exposition of 
the lanid system of the state. 

. Xin* In 1693, however, the reli^ous tolerati<Hi, granted by the laws, was 
somewhat restricted by an act, which, though declaring that conscientioufl 
flcroples, against taking oaths, i^iould not incapacitate for office, required from 
the incumbent, a deckuration of fidelity to the King, renunciation of popery 



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46 HISTORY OF NEW JERSEY. 

and the foUowing profession of the ChrisHan faith: /, A B, prcfus faUk 
in God, the Father^ and JEstrs Chsist Ms eternal Son^ the true Gtod, 
and in the Holy Spirit y one Gov blessed for ever more; and do acknom^ 
ledge the Holy Scriptures of the Old and New Testament^ to be given by 
divine inspiration.* 

* Can this be deemed a confession of fahh, by Qaakera? The question derives 
grmtt interest from the wide schism^ at thia time eating in the society of Friendsi in 
which the two parties, alike, claim to hold the orijginal &i\hj one professing that in 
the text — the other, belief in the unity of the Deity, the humanity of Christ, with a 
modified view of divine inspiration in the Scriptures. Upon the true solution of the 
original faith of the Quakers,' much property, and a greater value, (if I may thus ex- 
press mvself,) in sentiment, at this moment depends. It is said, that no formal decla- 
ration of the Quaker faith, is to be found in the records of the society ; and courts of 
justice have been compelled to seek it, in the partial, equivocal, and unsatisfactorv 
declarations of esteemed preachers, and polemiciu writers. The best evidence which 
the nature of the subject admits, is the formal declaration of faith, by the yearly meet- 
ing. But an attempt of this land, was one of the immediate causes of'^the present 
division. The next best evidence, would bo & declaration of faith, by a body of Qua- 
kers, at a period when no division existed, among the sect, and when an attempt to 
force a declaration of faith upon them, would have been resisted, asfirmlVjto say the 
least, as at any time, since the ministry of Fox. Was the Assembly or West New 
Jersey, of the year 1696, such a body ? If it was, their declaration of '' T%e Christian 
Faith f^ is entitled to profound respect and unlimited confidence; having been made 
when the zeal of the church was most lively, during the life of many of its dis- 
tinguished primitive apostles, such as Barclay and Penn, and within seven years after 
the death of its founder, George Fox. This Assembly consisted of about fifW mem- 
bers. It is perhaps impossible, at this day, to declare that everp* member was a Quaker. 
This, however, is probable, since the Quakers composed vastly the greater proportion 
of the population. It is certain, however, that tne majority of the Assembly were 
Friends, and might, therefore, have arrested the promulgation of this creed. That 
they would have done so, cannot be doubted} had it not been their fkith ; for they 
came to the province, th^t they might e^jpy that faith, without molestaticm. Thej 
had purciiased the soil, and the government, that thev might live under laws of their 
own enactment. But this act, had it declared a iaitn different from that, which the 
Quakers professed, would have disqualified them from participating in the govern- 
ment, and would have placed them at the mercy of the very few Swedes and Dutfth, 
who were in the province. We are, therefore, constrained to believe, tiiat this statn- 
tory confession of^faith, was the faith of the Quaker church. — Set Learning and Spicer's 
Couectum^ p. 514.— And see the AtA^ in the AvpendiXy I. 

The confession of faith set forth in the New Jersey act of 1693, is copied iti words, 
from the English toleration act, passed in 1689, (1 William and Mary). The follow- 
ing account of which, is given by George Whitehead. — Works, pdge 635. *' Tet to 
prevent any such (Friends) from bein^ stumbled or ensnared, by some expressions in 
the aforesaid profession or creed, (which appeared unscriptural.) in the said Bill, we, 
instead thereof, did propose and humbly oner, as our own real belief of the Deity of 
the Father^ Son knd Holy Ghost ;"-^e form we have given in the text *^ Which 
declaration," he contlnueS| *' John Vaughton and I, delivered to Sir Thomas Clergis, 
who, with some others, were desirous we should give in such confession, of our Chris- 
tian belief, that we might not lie under the unjust imputation of being ne Christians, 
and thereby be depriv^ of the benefit of the intended law, for our reli^ous lit»erty. 
We were, therefore, of necessitjr, put upon ofiering the said confession, it being, also, 
our known professed principle, sincerely to confess Christ, the Son of the living God, 
his divinity, and that he is the eternal Word, and that the Thfee which bear record in 
heaven, the Father, the Word, and the Holy Ghost, are one; one divine Being, one 
God, blessed forever.'' 

In what sense the words of this confession were accepted, by Friends, it would, per- 
haps, be difficult to say. They were, probably, understood by the fVamers of the 
toleration act, to be equivalent to the beUef in the Trinity, as expressed by the Church 
of England. But this sense, if not denied, is' certainly not conceded by the Quaker 
writers, generally, who, in relation to this naystarious subject, express themselves with 
great mystery, and allege that they take up the doctrine as expressly laid down in 
Uie Scripture, and are not warranted in making deductions, however specious. It 
has been supposed, too, that in framing this confession of faith, an outward con- 
formity to the requisition of Parliament, only, was designed : and that every Friebd 
waff at perfect liberty to construe the words of his confession, in such sense as the 
spirit within him should direct. If so, we have advanced nothing in determining 



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HISTORY OF NEW JERSEY. ' 47 

XIV. By the deed of partiticm of July^ 1676, Sir George Carteret became 
seized of Ba^ New Jersey, in severalty. By hb testament, December Sth, 
1678, he named his wife, Elizabeth, his executrix, and guardian of his heir ; 
and devised the province to trustees, to be sold for payment of his debts.* 
He died in the following year, but his death made no change in the govern* 
ment, which continued to be administered by his brother Philip, until about 
the end of the year 1681, or J[)eginiung of 1682, when he was superseded by 
the transfer of the province to other proprietaries. 

XV. The latter part of his administration, was embittered by the revival 
of the disputes whidi had once rendered him a fugitive from his government, 
and by the unjust and violent assumption of authority, over his province, by 
the profligate AndroBs, governor of New York. The pretension of this ready 
tool of despotism, was sustained by that portion of the inhabitants^ who had 
derived their land titles through governor Nicholls, fVom the Duke, and who 
believed that his Graoe would. render valid their advantageous purchases 
from the Indians. Andross seems, first, formally, to have disputed the right 
of Carteret, in March, 1680, when, by proclamation, he claini<Bd the submis- 
sion of ^he inhabitants for the Duke of York. Threats of invasion followed; 
to resist which, Carteret prepared his military force, amounting to one hun- 
dred and fiAy men. Andross, however, visited Elizabethtown, attended by 
a ^ivil suite, only, where he ostentatiously displayed the Duke's title, and his 
own commission; and. Utterly disregarding his master's double grant to Sir 
George Carteret^ demanded the recognition of his authority. This being re- 
vised, he retired; but soon afler, April 31 , 1680, despatched a party of soldiers, 
who rudely dragged Carteret from his bed, and conveyed him, prisoner, to 
New York, where he was tried, upon the information of the attorney -general, 
with having riotously aiid routously, with force of arms, endeavoured to 
maintain and exercise jurisdiction and government over his Majesty's sub- 
jects, within the bounds of his Majesty's letters patent, granted to his Royal 
Highness* In despite of the effort of Andross, who presided at the trial, the 
jury, though several times sent out by him, magnanimously acquitted the 
prisoner. The court, however, adjudged, that if Carter^ returned to New 
Jersey, he should engage not to assume j&ny authority there. 

Andross met ad Aissembly at Elizabethtown, on the 2d June, 1680, where 
he again exhibited the documents of his authority, together with a copy of 
the laws enacted at New York, which he proposed as the rule of action fbr 
New Jersey. Although the Assembly were indisposed, or dreaded, to ques- 
tion the authority of this Duke, they were npt unregardful of their rights, nor 
backward in proclaiming' them. They replied, " As we are the representa- 
tives of the freeholders of this province, we dare not grant his Majesty's let- 
ters patent, though under the great seal of England, to be oui* rule or joint 
sa&ty; fbr the great charter of England, alias, magna charta^ is the only 
rule, privilege, and joint safety of every free bom Englishman. What we 
have formerly done, we did^in obedience to the authority that was then esta- 
blished in this province, and that being done according to law, they needed 
no confirmation." They declared, also, their expectation, that, the privileges 
mnted them, by virtue of the concessions of Lord Bei'keley and Sir George 
Carteret, would be confinncd to ihefn; and they re-enacted former laws, and 
demanded their approval. 



th« fttth of Friends, since they hare adopted the remainder of the Scriptnrefl, ffiving 
to them, in many casea, a meaning widely diftrent fVom that awgnea bj Orthodox 
Chrietianv. 

* The traateea were John Earl of Sandwich, John Earl of Bath. Bernard Oranvilla, 
pother of the Utter, 8ir Thomas Orew, Sir Thomas Atklne, and his brother, Edward 



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48 HISTORY OF NEW XBRSOT. 

Complaints against the prooeedings of Androes weredespatcbed to Ehig- 
latul with an appeal to the. King. The Duke disavowed the acts of his 
miniony yet no instructions appear to have beea given to rescind them*- For, 
after the departure of Androsst for England, Captain Brochholts, his substi- 
tute, maintained his assumption, refusing .to recognise the authority of Carle- 
ret, until he exhibited a new commission, notwithstanding the Assembly of 
New Jersey had declared the conduct of Andross' illegal. No further forci- 
ble efibrt, however, was made to, octroi the previnee; the Duke having, 
in truth, agreed to confirm his former grants with the right of gpvemm^t^ 
and, so(Hi afler, by release of this cont€»ted poww, terminated tl^ troubles. 

Disgusted by these contentions, and perceiving that they were not likely to 
derive either emolument or.satisfkction, from their province, the trustees and 
executrix of Sir. George Carteret, offered it for sale to the highest bidder.* 

XVI. The sessions of the As^mbly, during the administration of Carteret, 
were commonly holden at Elizabethtown, frequently at Woodbridge, and 
sometimes at Middletown and Piscataway.f Many laws were enacted 
during this period, but most (^ Jihem were local or ephemeral in their cha-» 
racter. Those of a more general nature, provided ; That, contenmers of 
authority should be pumshed by fine, or corporal inaction, at the discretion 
of the court: that males above sixteen, and. under ab^ty, years of age, failing 
to furnish themselves with arms, should be fined, two shillings per week, for 
neglect : that, one guilty of arson, should repair the injury done, and in casQ 
of inability so to do, be, at the mercy of the court, condemned to death or 
other corpcnrai punishment: that, murder, false witness, with design to take 
a^ay life, crimes against nature, witchcrail,.«teaZtii^ away any taankindy 
should be punished by death ; burglary or highway robbery, the first ofienae 
with burning in the hand, tiie second in the foreh^ead, and in both cases, 
with restitution; and the third offence with death: larc^y, the first ofl^ce 
by treble restitution ; and do, the second and third, with such increase of 
punishment^ even unto death, as the cQurt might direct, if the offender were 
incorrigible ; otherwise, and if unable to make restitution, to be sold for 
satisfaction, or to receive corporal punishment: conspiracies or attacks upon 
towns or forts, smiting or cursing t>f parents, unli^ in sdf d^nce, upon 
Complaint of the parent, weare also subjected to th^ pramlty a£ death : rape 
was pimishable with depth, or otherwise, severely, at the disc^retion of the 
court; fornication, with marriage^ fine^ or corporal punishment; adulter}^, 
with divorce, corporal punishment, or banishment, either, or all of them, aa 
circumstances should determine the mind of the judge; night walking and 
revelling, afler nine o'clock, with arrest, and punishment, at the discretion 
of the court: — ^That, the members of Assembly should be chosen on the 
first of January, and their sessions be holden on the first Tuesday in Novem- 
ber, annually, or oflener, if the governor and council should deem necea* 
sary : that, no marriage should be had without the consent of parent, guar- 
dian, or master, as the case might require, unless upon notice, thrice 
published, at some meeting or kirk, near the parties' abode, or set up in 
writing, at some public house, for iburteen days previous; nor then, unless 
solemnked by some approve minister^ justice, pr chief ofiicer, who was 
forbidden, under penalty of twenty pounds, and dismission from ofiioe, to 
marry any, who had not fUlfUled these requisitions. 

XVII. In comparing the laws of East and ^Vest Jersey, we are much 
struck with the difference of the spirit which dictated dienu The genius of 
Calvinism, which rules by terror, and the ever suspended sword, in this and 

* Grahame'fl Col. Hist vol. ii. 350. See Appendix K. 

f The Bnt Aaembly was hoMMi a6th May, 1668, at Elizabethtowii. 



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HISTORY OF NEW JERSEY. 49 

in the fiiture world, is strongly impressed upoti the dne, whilst ci prudent 
reserve in naming crimes, and a humane forbearance in their punishment, 
characterize the other. The ancient lawgivers prescribed no punishment 
for parricide, deeining the cfSeuo^ impossible; — the Quaker legislators, had 
no enactment against arson-^no prescribed punishment for murder or trea- 
son, and other heinous ounces ; and yet, during four-and-lwenty years, of 
their administmtion, no instance of such crimes was known within their 
territodes. . la East Jersey, there were thirteen classes of ofi^ces, against 
which, the penalty of death was deiKnmced ; and amongst these, were sim- 
ple larcenies, and the impossible crime of witchcraft; whilst in West Jersey, 
such punishment.was unknown to the law. The sentence, and mode of its 
eoceotttion, in cases of treason and murder, were by- the *^ Concessions,'* com- 
mitted to the Assembly ; but that body never prescribed a general rule, nor 
had occasion to apply their powers to a special case. The l^slators of 
West Jersey, in injuries of. every kind, sought reparatii3n, and the reclamar 
tion of the ofihader. Thus, the spoiler of property was condemned, in all 
cases, to make a foi^rfold restitution, and to sufier inlprisomnent at labour; 
and the perpetrator of personal injuries, might be pardoned by the^ufierer. 
In all cases, mercy presided over th^ justice-seat. But in East Jersey, the 
gre&t object of the law seems to have been vengeance. Like to Draco^ the 
l^islotor deemed small crimes worthy of death, and ooiild find no severer 
punishment for the greatest. But, though from itho enactments against 
witchcraft,' the progress of intellectual light seemed less in Best, than in West 
Jersey, th^re was an earnest care for the instruction of the people. This 
was particularly evident in an act, of 1608, providing, that, the inhiabitanta of 
any town might, by warrant from a justice, elect three men to establish and 
levy a rate for the maintenance of a schoolmaster, payment of which, might 
be enforced by. distress. Upon the whole, we may remark, that, though the 
legislators of East and West Jersey, drew their principles from the same 
yplume, they were from difierent sources; the first were oppressed, enslaved^ 
by the ven^tful God, who prescribed the Levitical law; the others sought 
and found, a well related freedom, in the mercifUl monitions of a Re- 
deemer. 

In East Jersey there wa? no law for the puUic support of religion; yet, 
every township maintained its church and its minister. The people, fc^ the 
testimony of the first deputy of the Quaker sover^ns, <^ were, generally, 
a sober, professing people, wise in their generation, courteous in their beha* 
viour, and respectful to those in office." And Gawn'Lawrie, the second 
deputy, assures us, '* that there was not, in all the province, a poor body, or 
that wantsi*** Relymg on tliis view, we might impute the dlssentions which 
had prevailed, to the injudicious conduct of the government. But there is 
reason to bdlieve, that, the blame of these, dissentions is chargeable, in a con* 
siderable degree, upon the people. A headstrong -and turbulent disposition 
iq)pears to have prevailed an^ong some classes, at least, of the inhabitants: 
various riots and disturbances broke forth, even under the new government, 
and the utmost patience of the rulers, were necessary to govern them. A 
law, enacted about four years ailer this period, reprobates the frequent oc- 
currence of quarrels and challenges, and interdicts the inhabitants from 
wearing awoixis, pistols, or daggers.! 

* " The sery&ntfl work not lo much," tays Lawrie, ** hj tc third ^ as they do in Enff- 
land, and I think, feed much better ; for they have beef, pprk, bacon, pudding, milk, 
butter, and good beer and cider to drink. When they are out of their tune, they liave 
land for ihemaelves, and generally turn farmers. SerTants' wagea are not under two 
■hillings a day, besides victuals.'* 8. Bpiith, p. 117, ISl. 

t Smith, m». 168, 163, 163, 171, 175, <&c. Grahame's Col Hist. 



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50 fflSTORY OF NEW JERSEY. 



CHAPTER IV. 

From the Purchase pf East Jeney, by the Qiiakera» to (he Soihrender of the two 
ProYlncea to the Crown, 168^1702.^1. ParchaM df Eaat Jersey by Penn and 
his Associates. — They admit others, not Quakers, to participate in tlie Poichase. 
— II. Robert Barclay appointed Governor for Life — Scotch Emigrants — Deputy 
Governors — Foundation of Amboy — Vain Eflfbrts at Commerce.— HI. Efforts of 
James II. to destroy Colonial Charterer-Defeated by the Revolatidn^-lV. Aih 
drew Hamilton, Deputy .Gqyernorr—Death of Robert Barclay — Interregnumr— 
Andrew Hamilton, Governor-in-Chief— Superseded by Jeremiah Basse — Re- 
appointed — Discontent of the Colonists.— V. Attempt of New York to tax thi^ 
Colony. — VI. Proposition from the English Ministers for the Surrender of the 
Proprietary Governments — Negotiations relating thereto. — VII. Final and un- 
conditional Surrender — Lord Cornbury appointed GovQmor — Outline of the new 
Governmeht. — VIH. Stationary Condition of New Jersey — Causes thereof. — 

IX. Condition 6f the Abori^es — Purchases of their Lands — Traditions of their 
Origin — Tribes most noted m New Jersey — ^Treaty at Crosswicks-^at Burlington 
^nd Easton— Final Extinotion of Indian Title to the Soil of New Jersey .-*- 

X. Review of the Title under the Proprietaries of ^ast Jersey. — XI* Review of 
Title' of Proprietaries of West Jersey . — XII. Of the Partition Line between East 
and West Jersey. 

L The success of their experiment in West Jersey, encouraged the Qua- 
kers of Great Britain, to avail themselves 6f the opportunity, that was now 
afforded, in the prq)osition for the sale of East Jersey, of enlarging the 
sphere of their enterprise, by the acquisition of that provibce. In February, 
1682, William Penn, with eleven others of his religious faith,* purchased 
the colony from the devisees of Sir George Carteret. This territory, then, 
contained about five thousand inhabitants, the great majority of whom were 
not Quakers. There were populous settlements at Shrewsbury, Middle- 
town, upon the Raritan and Millstone rivers; at Piscatawtiy, Woodbridge; 
and Elizabethtown ; at Newark, and upon the banks of the Passaic and 
Hackensack rivers; at Bergen, and along the bay and bank of the Hud- 
son. Whether to allay the jealousy, with which, the inhabitatits might 
have regarded a government, wholly composed of men whose principles dif- 
fered greatly from thehr own, or for the purpose of fortifying their interest at 
court, by associating influential men with their enterprise, the twelve pur- 
chasers hastened to assume- twelve other partners, among whom were the 
Earl of Perth, Chancellor of Scotland, and Lord Drummond, of Gilston, 
Secretary of State for that kingdom.f In favour of the twenty-four, the 

Duke of York executed his third and last grant of East Jersey, 14th March, 
. • • - 

• The associates of Penn were Robert West, Thomas Rudyard, Samuel Groome, 
Thomas Hart, Richard Mew, Thomas Wilcox, An^brose Rigg, Hngh Hartshorne, 
Clement Plumstead, Thomas Cooper, and: John Hayward. 

t The names of the additional twelve, were James, Earl of Perth, Sir George 
M'Kenzie, John Drummond, Robert Barclay, David Barclay, Robert Gordon » Robert 
Burnett, Peter Sonmans, James Braine, Gawen Turner, Thomas Nairne, Thomas 
Cox, and William Dockwra. - . 

t From the dedication of Scott's model of East Jersey, it appears ^at Vlseovmt 
Tarbet and Lord M'Leod, two other pow^ul Scotch nobles, became, shortly afi^r, 
proprietaries. Sir George M'Kepzie, Lord Advocate of Scotland, whom his cotem- 
poraries justly denominated, the bloody M'Kenzie, was infamously distinguished afi 
a witness for 'the crown, on the tpal of Lord Russell. — Qraham$*s Coi. Hist. vol. ii. 
p. 351. n. 

t Grahime's Col. Hist. 



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fflSTORY OF NEW JERSEY. 51 

1682, withr fiill powers of govemmeBt. To facflilate the exorcise of their 
dominion, they, also, obtained from the King*, a royal letter, addressed to the 
governor, council, and inhabitants of the province, stating, the title of the 
purchasers to the soil and jurisdiction, and requiring due obedience to their 
government.* 

Among the new proprietaries of East Jersey, was the celebrated Robert 
Barclay, of Urie, a Scottish gentleman, who had been converted to Quaker- 
ism, and, in defence of his adopted principles, had published a series of 
works, which elevated his name, and his cause, in the esteem of all Europe. 
Admired by schdars and philosophers, for the stretch of his learning, and 
the strength and subtlety of his understanding, he was endeared to the mem- 
bers of his religious fraternity, by the liveliness of his zeal, the excellence of 
his character, and the services which his pen had rendered to them. To the 
King and the Duke of York, he was recommended, not less by his distin* 
guished &me, than by the principles of p^issive obedience, professed by the 
sect of which he was leadep; and with the royal brothers, as well as with 
some of the hiost distinguished of their Scottish favourites and ministers, he 
maintained a friendly and confidential intercourse. Inexplicable, as to 
many, such a coalition of uncongenial characters- may appear, it seems, at 
least, as strange a moral phenomenon, to behold Barclay and Penn, the vo- 
taries of univeitel toleration and philanthropy, voluntarily associating, in 
their labours, for th& education and happiliess of an infant community, such 
instruments as Lord Perth, and other abettors of royal tyranny and eccle- 
siastical persecution, in Scotland. f ' 

11. By the unanimous choice of his colleagues, Robert Barclay was ap» 
pointed, for life, first, governor of East Jersey, under the new proprietary 
administration, with dimiiensation from personal residence, and authority to 
nondnate his deputy. The most beneficial event of his presidency, was th6 
emigration of many of his countrymen, the Scotch, to the province ; a mea- 
sure, ejected, it ift said, with much difficulty and importtmity. For, although' 
the great bulk of the nation was sufibing the rigours of tyranny, for their 
resistance to the establishment of prelacy, they were reluctant to seek relief 
in exile from their native land. The influence of Barclay and other Scotch 
Quakei^ however, co-operated with the severities of Lord Perth, and the 
x>tber royal ministers, to induce many^ partieularly, from Aberdeen, the 
^OTremor's native county, to seek this asylum. In order to instruct the 
Scotch, more generally, of the conctition of the colony, and to invite them to 
remove thither, an historical and statistical account of it was |)ubli8hed, with 
a preliminary treatise, combatting the prevailing objection to expatriation. 
This work was, probably, composed, in part, by Barclay ; but was ascribed 
to George Scott, of Pitlochie, and was eminently successful.:}: As a farther 
recommendation of the province, to the favour of the Scotch, Barclay, sub- 
sequently, displaced Lawrie, a Quaker, whom he had appointed deputy, and 
conferred this office on Lord Neil Campbell, imcle of the Marquis of Argyle, 
who resided some time in the province as its lieutenant governor.^ The 

* Learning and Spictr's Col. Grahame, vol. ii. p. 351. 

t Grahame's Col. Hist. voL ii. p. 354. See Appendix, L. 

t It bore the title of The Model of -the Government of the Province of East New 
Jersey, in America, and contains a- minute account of the climate, soil, institutions, 
and settlements of the province. See Appendix, M. 

{ Grahame's Col. Hist. vol. ii. p..350. Oldmixon and Smith concur, in relating 
that Lord Neil CampbeU succeeded Barclay as fovemor. But this seems an error of 
Oldmixon, which Smith has inoautiouslycopied ; fbr, from a document, preserved by 
Smith himself, (p. lOCT) Barolajf, in 1688, as governor of fUist Jersey, subscribed au 
sgrsement <^ partition oetween it and West Jersey. 



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5d HISTC«Y OF NEW JERSEY- 

more wealthy of the Sootch emigrantSy were noted for bringing with them a 
great number of servants, and in some instances, for tran^rting whole 
lunilies of poor labourers, whom they established on their kmcls) for a term 
of years, endowing them with competent stock, and receiving in return, one 
half of the agricultural produce. 

The first Deputy Governor, under Barclay, was Thomas Rudyard, an 
attorney of London, noted for his assistance at the trial of Penn and Mead, 
who arrived at his goverqment, early in 1683. He was superseded^ how- 
ever, at the close of the year, by Gawn Lawrie, also of London, who had 
been one of Byilinge's trustees, for West Jersey. The efforts of Rudyard, 
of Samuel Groome, who was the surveyor of the {m>prietaries, and of Law* 
rie, were strenuously directed to create a city, at Amboy Pcant; a plan for 
which, the proprietaries had published, with an invitation to adventurers. 
They laid the ground out in lots, with out-lots, or smalt fclnns, appendant to 
them, put up houses on account of the proprietaries, in order to entice settlers, 
and proclaimed the advantages of its situation, in England and America. 
The town at first called AmbOy the Indian name for point, received so(»i 
after, the addition of Perth, in honour of the Earl, and was thenceforth 
known, as Perth Amboy. The endeavours of the proprietaries, in this re^ 
spect, were crowned with very partial success; nor were their equally ear- 
nest efibrts to establish foreign trade with their city, nKure happy. New 
York possessed, in her more advantageous position, and greater capital, the 
means of suppressing all rivalry, to which her governors did not hesitate to add 
force; seizing, in the very port of Amboy, vessels engaged ih foreign trade, 
carrying them to New Yorkj for abjudication, upon idleged breach of com- 
mercial regulations. 

The new proprietaries do not appear to have deemed any modification of 
the civil polity of the country necessary. In their descripticm of the pro-' 
vince, they commended the concessions of Berkeley and Carteret, and pro« 
mised to make such additions to them as might be found necessary. Their 
administration for several years seems to have been satisfhctory to the in- 
habitants; and with some inoonsiderable exoeption, d)e discord arising from 
imposing titles, was stilled.. 

III. Put James II., who had npw ascended the throne,* had little respect 
for the engagements of the Duke of York. Nor could his seeming friend- 
ship for Barclay, nor the influence of the Earl of Parth, and the other cour- 
tier proprietors, deter him from involving New Jersey in the design he had 
formed of ann^itipg all the charters,and constitutions of the American colo- 
nies. A real or pretended complaint was preferred to the English court, 
against the inhabitants of the Jerseys, for evasion of eustom'-house duties. 
The ministers, eagerly seizing this pretext, issued writs of quo tDorraniOy 
against both East and West Jersey; and directed the Attomey-General to 
prosecute them with the greatest possible expediti(Hi. The reason assigned 
for this proceeding, was, the necessity of checking the pretended abuses *^ in 
a country, which ought to be more dependent upon his majesty.'' Aroused 
by this blow, the proprietaries of East Jersey presented a remonstrance to 
the King; reminding him, that, they had not received their province as a 
benevolence, but had purchased it, at the price of many thousand pounds, to 
which they had been encouraged, by his assurances of protection; that they 
had already sent thither seveml hundreds of the people from Scotland ; and 
that, if satisfactory, they would propose to the New Jersey Assembly, to 
impose the same taxes there, that were paid by the pec^le of New York, 
"niey entreated, that if any change should be made in the condition of the 

* On the death of Charles II., 6th February, 1686. 

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1 



fflSTOBY OF NEW JERSEY. 88 

prtmooesy it mi^ht be, by tbe union of Eosit and WM Jersey, to beruled by 
a governor^ jselected by the King from the proprietaries. But James was 
inctxorable, and gave to their lemonstrances no other answer, than that he 
had resolved to unite the Jerseys, New York, and the New England colo- 
nies, in otie government, dependent upon the 6rown, and to be a£[nimstered 
by Andross. Unable to divert him from his arbitrary purpose, the proprie- 
iaries of East Jersey, not only abandoned the contest, for the privileges of 
tb(ek peoj^e, but ccmsented to fecilitate the execution of the Kio^s desdgns, 
as the price of respect, for ^heir interest in the soil. They made a formal 
surr^ider of their patent^ which being accepted by the King, th^ proceed- 
ings on the que warratUo were stayed, with regard both to East and West 
Jersey** Seeing no resistance to his will, the King was less intent on ccm- 
summating his acquisition; and while the grant of the soil to the proprieta- 
ries, which was necessary for this purpose, still remained unexecuted, the 
completion of the design was abruptly intercepted by the British revo* 
lution* 

IV. Upon the depaitiure of Lord Neil Campb^, from Jersey, afler a few 
mcMiths residence only,t Andrew Hamilton, Esq., a respectable Scotch gen- 
tleman, became Deputy Grovemor; which office he continued to exercise^ 
until Jmie, 1689, when, by his return to Europe, it was vacated, and so re- 
mained, until hi^ second arrival, in August, 16d24 During this interval, 
there afupears to have bem no r^ular government In New Jersey. The 
peace of^ the country was preserv^ and the prosperity of its inhabitants 
promoted, by their h(»ieaty, sobriety, and industry. In the mean time, 
Kobert Barclay dM;t having retained the government in chief, during his 
life. At his death, this power reverted to the proprietaries; who having, by 
sates and subdivisionB c^ their ri^ts, become too numerous, readily to ex- 
press thdr will, some delay occurred in filling the vacancy. In March, 
1692, Andrew Hamilton, received the commission of Govemor-in-chief; 
which, the propietaries were, nevertheless, compelled, very reluctantly, 
to revoke in March, 1697, in ponsequenoe of a late act of parliament, 
disabling all Scotdim^i, from serving in places of public trust and profit, 
and obliging ^ colonial proprietors to present their respective governors to 
the King,^ for his approbation. In his place, th^ appointed Jer^niah Basse, 
who arrived in the province, in May, 1698 ; but, who^ though inducted by the 
nunisters of the Kmg, had not the royal apprdtxttion in the form prescribed, 
nor it seems, the vdce of a majority of the proprietaries. These circum- 
stances, added to the hostility borne to the proprietary government, by such 
of the settlers, as hdd their lands by adverse title, occasioned disobedience 
to his authority; to en£>roe which, he hnprisoned soDie of the most turbulent 
malcontents. This ooergetic measure served but to increase the public dis- 
satis&ction; to allay yirhich, Colonel Hanulton was reappointed, notwithstand'* 
ing the sitatute, which was now construed, not to ext^d to the provinces, 
and without the royal sanction. A new pretence for .disobedience was 
thus afibrded, which was immediately seized; and a petition and remon- 
strance was sent, by the disaflected, to the King, complaining of their griev- 
ances, and praying redress. This document betrayed the sourcje of these 
commotions to be ^ claims g£ the proprietors to the exclusive possession of 
the soil under the Duke of York's grants, their demand of quit-rentSj and 
repudiation of the title alleged to have been derived from Indian grants and 
the approbatbn of Cokmd NichoUs. The petitioners close their remon- 

* AprU, 1688. Smith, App. 558, ^. Ordiatne's Col. Hist, 
t Twm 10th Oct 1686, to March, 1687. MSS. Reeordi, Seerstvv't Office, Ambov. 
Bmith'B Hirt. App. 558. ' -^ ' ■•™^- 

t 3d October, 1690. 



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64 HBTORY OF NEW JI^SEY: 

strance, with a prayer, that if the rights a[ government be in the proprieta* 
ries, his Majesty would compel them to commission for governor, some one 
qualified by law, who, as an indiffer^t judge, might decide the controver- 
sies, between the proprietanc;s and the inhabitants.* 

V. To these causes of uneasiness, another was at this period superadded, af- 
fecting alike^ the proprietaries and the people, in the renewed assumption by 
New York, of supremacy over New Jersey, manifested in an attempt to levy 
taxes by law upon that province. This effort, though encouraged by King 
William, was as unsuccessful as those which had preceded iu The Crown 
lawyers, to whom the complahit of the Jersey proprietofs was referred, re- 
ported, that no customs could be imposed on the Jerseys, otherwise, than by 
Act of Parliament f or their own assemblies.t 

VI. At length, the proprietaries of East and West Jersey, embarrassed by 
their own numbers, and by the searching and critical spirit of their people, 
finding that their seignoral functions tended only to disturb the peace of kheif 
territories, and to obstruct their own emoluments from the soil, hearkened to an 
overture from the English ministers, for the surrender of their gubematoria] 
power to the Crown. They were fiirther induced to this measure, by the de- 
sire to avoid a tedious and expensive lawsuit, with which they were threatetied: 
the Lords of Trade having resolved to controvert their rights of Government 
by a trial at law, in which they would probably have taken the broad ground, 
that the King was not competent to subdivide and alienate the sovereign 
power. The determination of the Lords on this head had prevented the con- 
firmation of the appointment of Col. Hamilton to the office of Governor of 
East and West Jersey, respectively, and such was the confiision in the pro- 
vinces, consequept upem tms rejection, that many of the proprietaries, whilst 
professing their readiness to surrender the government upon such terms and 
conditions as were requisite for the preservation of their properties and civil 
interests, earnestly prayed that Col. Hamilton might be approved, until the 
surrender could be efibcted.:^ But, whilst they seemed to make this approba- 
tion almost a condition of their surrender, other prc^rietaries refused to join 
in the petition to that ef^t, though expressing their readiness to 3rield the 
government Under these circumstances, the Lords of Trade, upon consi- 
deration, th^t, the disorders into which the province had fallen were so great, 
that, the public peace and administration of justice was interrupted and viokited, 
and that no due provision could be made for the pubHc defence, recommend- 
ed that his Majesty should appoint a Governor by his immediate commissioD> 
with snch instructions as might be necessary, for the establishment of a 
regular constituticm of government, by a Governor, Council, and General 
Assembly, and other officers; for securing to the proprietors and inhabit- 
ants, their properties, and civil rights; and for preventing the interference 
of the Colony with the interests of his Majesty's other plantations, as the pro- 
prietary ffovemments in America had generally done. 

VIL The proprietaries were desirous to annex special conditions to thdr 
surrender, which they mserted in several memorials. It was finally, however, 
made, absolutely and unrestricted, by all parties interested in both provinces, 
before the privy council, on the 17th of April, 1702 ; and Queen Anne pro- 
ceedbd forthwith to reunite East and West Jersey into one province, and to 
commit its government, as well as that of New York, to her kinsman Edward 
Hyde, Lord Combury , grandson of the chancellor. Earl of Clarendon. The 
commission and instructions which this nobleman received, formed the con* 



* Smith's Hitt. App. 560. t Gnhame's Col. Hi^ vol. ii. p. 961. 

t Smith^i N. J. App. No. 12,13, 14. 



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HlSTOflY OF NEW JERSEY. W 

stitiitiQai^UHl govenunent of the province, uoiil its dedaratioa of indepaAdenoe. 
The confidence of the proprietaries in the crown, exemplified by the uncon* 
ditional surrender, was not misplaced. The greater part of the provisions they 
were desirous to obtain, were inserted in the instructions, which w^re sub- 
mitted to, and approved by, them, before confirmation in council. Indeed, so 
much regard was paid to tbeir wishes, that they might have nominated the 
first governor, could they have united on any individual. All the measures 
preparatory to the surrender, had been completed prior to the death of King 
William,* but were not perfected until nearly a year after that monarch's 
death, by his successpr Ann^ 

The new goverjwnent was composed of the governor, and twelve coun- 
sellors, nominated by the crown, and an^ Assembly, of twenty-four mem- 
bers, to be elected by the people, for an indefinite term, whose sessions 
were to be holden, alternately, at Perth Amboy, and Burlington-f Five, or 
ip case of necessity, three members of council made a quorum ; and they pos- 
sessed the right to debate and vote on all subjects of public copoem brought be- 
fore them. Their pumber was neither to be augmented nor diminished, nor any 
member to be suspended, without sufiicient cause, when report was to be made 
to the, commissioqers of trade and plantations. The Assembly was constituted 
of two members from Amboy, two from Burlington, two from Salem, and two 
from each o£ the nine couniies, into which the whole province was then di- 
vided, j: No person was eligible to the Assembly, who did not possess a firee^ 
hold in one thousand acres of land, within the division for which he, was 
chosen, or personal estate to the yalueof five hundred pounds sterling; and 
the qualification of an elector was a freehold estate in one himdred acres of 
land, or personal estate to the value of fifty pounds sterling. The house was 
to be convened by the governor from time lo time, as occasion might require, 
and to be prorogued, or dissolved at his pleasure* The laws enacted by the 
council and Assembly were subject to the negative of the governor; and when 
passed by him, were to be immediately transmitted to England, for confirma- 
tion or disallowance by the crown. The governor was empowered, to suspend 
members of council from, their functions, and to fill vacancies occurring by 
death; and with coiisent of this body, to constitute courts of law, but not other 
than those established, except by royal order; to appoint all civil and military 
officers, and to employ the forces of the province in hostilities against public 
enemies: He was commanded to communicate to the Assembly, the royal 
desire, that, they would provide means, for a competent salary to the governor, 
to themselves, to the members of councils, and for defraying all other pro- 
vincial expenses : He was empowered, with advice and consent of council, 
to reflate salaries and fees of officers, and such as were payable on emer'^ 
gencies : He was directed to have especial care, that God Almighty be de- 
voutly and duly served, the book of common-prayer, as by law established, 
read each Sunday and holiday, and the sacrament administered, acceding to 
the rights of the church of England ; that churches already built, should be 
well and orderly kept; that more should be built, as the colony improved, and 
that beside, a competent maintenance tp be assigned to the ^minister of each 
orthodox church, a convenient house should be built at the common charge, 
for each minister, and a competent proportion of land, granted him for a glebe, 
and exercise of his industry ; and that the parishes be so limited, as should be 
most convenient for the accomplishment of this good work : He was to per- 
mit liberty of conscience to all persons (except papists), so they be contented 

• March 8, 1701. t See note N. 

t Bergen, Eisez, Somerset, Middlesex^ Monmouth, Burlington, Gbucester, Salem, 
C«ye May. 



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W HISTORY OF NEW JERSEV. 

with a quiet and peaoeaUe enjpym^t thereof, not givmg offaooe or scandal 
to the government: and he was vested with the right of presentation to aU 
ecclesiastical benefices* 

If, on the death or absence of the governor, there were no lieutenant go- 
vernor conunissioned, the eldest counsellor, nominated by the crown, exer- 
cised his powers. 

Quakers were declared to be eligible to every office, and their affirmation 
accepted in lieu of oaths« 

Due encouragement was directed to be given to merchants, and, particu* 
larly, to the Royal African Company, in E^and, latdy established for pro- 
secuting the accursed slave trade, and speoal care to be taken that they 
were duly paid for the negroes th^y should import and vend in the province. 
Laws were also to be enacted, protecting the slave against inhuman sevei^, 
promoting his conversion to Christianity, and puniSung his wilful murder, 
by death. 

From the courts of the province, where the value in controversy exceeded 
one hundred pounds, an appeal lay to the governor in council, excluding 
such members as might have, previously, sat upon the cause; and where the 
value exceeded two hundred pounds, the cause might be carried before the 
privy council in England. And, 

Predicating, that great inconveniences might arise by the liberty of print- 
ing in the province; no printing press was permitted, nor any book or other 
matter allowed to be printed, without the license of the governor. 

The former proprietaries were confirmed in their rights to the soil and 
quit-rents, as they had enjoyed them before the surrender, with power to 
appoint their surveyors, and the exclusive right to purchase lands from 
the Indians. 

The constitution thus framed, gave to New Jersey, a polity similar to that of 
other ro3ral governments in America; but it fell far short of the unomtroUed 
political freedom enjoyed under the proprietary concessions. The great and 
essential principle of political happiness, the popular will, was deprived of its 
energy* and circumscribed in its action, by the subjugation of the Assembly, 
in the times of its convention and duration oC its sessicHis, to the pleasMfO 
of the governor; and by the double veto of him and the crown upon the 
lawst The means were thus created, not only of marring the most beneficial 
measures, when conflicting with the partial interests of the prince or his 
deputy ; but when such measures were indifferent to them, of selling their 
appr(:i)ation for selfish considerations. When these ccMisequences of the 
surrender were felt, and they were not long delayed, the proprietaries and 
people contended by an ingemous, but alas ! by a fallacious reasoning, that, 
they had reserved, and by the nature of things were entitled to, the privi^ 
leges of their first and palmy state. Among these privileges, they enume- 
rated, absolute religions fireedom ; exemption from every species of imposi- 
tion, not levied by their Assemblies; the establishment of the judiciary by the 
governor, council, and Assembly ; exemption from military duty of those 
consdentiously scrupulous against bearing arms ; the solemnization of mar- 
riage as of other contracts, in presence of disinterested witnesses merely; 
the determination of all causes, civil and criminal, by jury, and in criminal 
cases, the right of peremptory challenge, to the nunk)er of thirty-five; and 
the right of the Assembly alone, to enact laws, provided, they were agreea- 
ble to the fundamental laws of En^^d, and not repugnant to the conces- 
aions. Some of these claims were so entirely incompatible with the right of 
government, as understood by the crown, that we cannot be surprised that 
they were disregarded. 

VIII. The attractions which the neighbouring province of Pennsylvania, 



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mSTOBY OF NEW JISBSBr. m 

ftm&titeA tD'lh& fiogiMi QiMkerft, and the oetntfioD, wfakk fte INrilMi re?o«> 
hrtidQ produced, of the aeyer i tieB that had driven so many Protestant dls- 
fenterairoin both England and Soodand, andoubte(Uy, prevented the popuhu 
tion of New* Jersey from advanenig wiHi the rapidity which its increase, at 
one period, seesnedto promise. Yet, at the dose of the seventec^ith century, 
the province is saia to have contained twenty thousand inhabitants, of whom, 
twelve diousead belonged to East, and eisht thousand to West, Jersey.* It 
is more probable, however, that the total population did not exceed fiftesa 
thousand ; the great bulk of whom, were Quakers, Presbyterians, and Anap 
baptists. Iliere were two Ohurch of England mindsters in the province, but 
their foUowen were not sufficienftly numerous and wealthy to provide thatt 
with dmrches» The militia, at this period, amounted to fourteen hundred 
men. This province, like several others oftheoMitinentalooknies, witnessed 
« long subsistence of varieties df national character amcHig its inhabitonti^ 
Piittriotic attachment and mutual convenience, h3d, genercdly, induced the 
ernigrants, (torn diflj^ient countries, to settle in distinct bodied, whence their 
peculiar national manners and customr were preserved. The Swedes appear 
to have been less tenacious of these, than the Dutch, and to have copied, 
very early, the manners of the English* The distinction arising too, irom 
the separation of the province into governments and two proprietaryships, 
was long continued, and i^ now scarce wholly obliterated. Yet, the inhabs*- 
lants of the eastern and western territories, were strongly assimilated by the 
habits of industry and frugality, common to the Dutch, the Scotdi, the enift- 
grants from New England, and the Quakers ; and the prevalence of these 
habits, doubtlessly, contributed to mtiintain tranquillity and harmony among 
the several races, which were alike distinguished by the steadiness and 
ardour of their attachment to those liberal principles which had been inoor- 
porated with the foundations of politit»il society in the province. Negro 
slavery was, unhappily, established in New Jersey, though, at what precoe 
period, or by what class of plantera it was introduced, cannot now be asoei*- 
tained. In spite of the royal patronage which this baneful system received, 
it did not become inextricably rooted. Yet the Quakers, here, as in Pem* 
sylvania, became proprietors of slaves; but they always trei^ed them with 
humanity; and so early as the year 1696, the Quakers of New Jersey, 
vmited with thehr brethren, in Pennsylvania, in recommendBig to their own 
eect, to desist from the eitl^oyment, or at least from ^ fiirther importatifiii 
ofslaves.t 

The trade of the province was even at tlustime considerable. Its eiqKffli* 
consisted of agricultural produce, among which^ mistakenly, we think, riee 
has been enumerated, with which it supplied the West Indian islands; furs, 
skins, and a little tobacco, for the English market; and oil, fish, and other 
l^visions, which were sent to Spain, Portugal, and the Canary islands.^ 
Burlington, at this time, gave promise of becoming a place of considerable 
trade; and the comfort and neatness of its buildings, aie conomended by 
several writers of this era.^ It possessed a thriving manufirctory of Kneia* 
and woollen ck)th, which was soon smothered by the jeak)us policy of the 
mother country. In 1695, the governor's salary, in Bast Jersey, was one 
hundred and fiAy pounds; in West Jersey, two hundred pounds; and those 
of other officers, at proportionate moderate rates. 

• Orahame's Col. Hist toI. ii. 366. Holmes' Aim. to!, ii. p. 46, Sue. 

\ Kahn's Travds, vol. i. and il. Winterbotham, ii. 279. Warden, vol. ii. aS, 
ClarkMn's Hivtoiy of the Abolition of the Slave Trade, voL i. 131, 196. 

X Gab. Thomas^ Hist, of West N. J. 13, 33. Oldmixon, i. 141. Blome celebrated 
the excellence of the New Jersey tobacco. 

§ Thomas. Blome, who wrote in 1686. 
H 



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66 marroirf q|,j^ew jbbbey; 

- IX. Having th«s brought <mr hu^ory to the tormiiuttioA of the ff Oft 't mi ij 
governments, it may be proper, beibre we proceed to a narration of events, 
under the royal admini^ration, to consider the condition of the aborigineB, 
the manoer in which their interest in the soil was ext^njshed, and the pria* 
dples adopted by the proprietanes, in disposal of thetfVmnflitions* 

The strong are every where masters of the weak. 'In^dl ages, and wkh 
' all people, tl^ power to subdue has been accompanied with the pretension of 
n^. The European, eminently endowed with this power, mentally and 
physically, over the untutored savage of America, unhesitatingly, appropri- 
ated to himself, all that the latter possessed, comprehendwg Ins. Labour and 
his life. From the first landing of Columbus, at Guannahanfe, or San Salva- 
dor, to the present era, the right by discovery has been the right of conquest* 
The ambition of princes, stimulated by the most sordid motives, was dignified 
l^y the approval of grave and politic counsellors, and sanctified , by the mthera 
c^the church, who in the plenitude of spiritual arrogance assumed, to dispose 
of all countries : — of those inhabited by Christians, because the inhabitaots, as 
members of the church, were subjects of the supreme Pontiff— of other cpub*^ 
tries, because the church would be advcmced by the estates and services of 
infidels. So long as colonization was prompted by state policy, and was 
efiected by the sword, the rights of the original possessors of the soil, whaU 
ever they may have been, were wholly disregarded. The most sacred, moat 
venerated spots, endeared to their inhabitants by the long occupancy of them* 
selves and their ancestors, were seized with the same ruthless indi^rence, as 
the untrodden wild; and the fruits of cultivation, with the same license, as the 
spontaneous productions of nature. AU the principles of property, growing 
out of occupancy and manipu lection, which society in its simplest form must 
recognise, were utterly prostrated, in the subjugation of the newly discovered 
countries of the West. When, however, these countries were sought, not 
with the view of increasing regal power, or of gratifying the insatiate long- 
ings of avarice, but as an asylum against prineeiy misrule and clerical tyranny, 
that justice which the colonist would obtain for himself, was in a measure, 
extended to the owner of the soil he would possess. The emigrant did not, 
perhaps could not, and ought not, divest lumself of the idea of right, ao- 
quired by discovery of sparsely peopled land, to participate in the occupancy 
of an uncultivated soil, with the indigene, who exercisad over it the slishtast 
of all species of appropriation, that of occasional hcmting upon it. But he re- 
cognised in this occupant also, a right impeding that full and separate property 
^ winch his convenience required, tmd which his conscience forbade him to ex- 
tinguish without a colour of compensation. The requisitions of conscience, 
however, in these cases, were easily appeased. In some instances, perhaps, 
tiieir very existence may be attributed to the fears caused by the fierce, wai> 
like, and indomitable character of the North American savage* The veriest 
trifies which could be imposed on the ignorance and vanity of the native were 
deemed adequate compenssdon for scores of miles of fertile lands ; and such 
^ eontracta of sale, whose nature vma not comprehended by the vendors, were 
enforced by the vendees with as much confidence in the legality and equity €£ 
their title, as if a court of chancery had passed upon the adequacy of the 
consideration. 

It has been erroneously supposed, that, the first instance of purchase firom 
the aborigines of America, was given by William Penn ; and modem historic- 
riains and essayists, delighted to contrast the humanity and justice of his con- 
duct with the violence and devastation of <^her European agents, have by the 
inflation of his deeds, obscured and almost bidden the scarce inferior merit 
of others. The Dutch, Swedes, and Fins on the Delaware, the English in 
Massachusetts, in New Yo^ and New Jersey, had given examples of this 



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BBBKOLY 




joit aodpradentp^liey^ ivUeh Penn glaAy followed, but which he^^ared oot 
leject. He has the merit of oonformmg to thk established practbe', with « 
kindness ofspirit and humane consMerfition, which have made an indelible 
faipression on the Jbd^ raoe* 

Ckunpared with^^Mloe of the lands acaubed, the sums paid far them 
were generally inHHRraUe ; and consistea, but too frequently, of articlee 
of dei^ructivehizury, serving to debase and destroy those who received theoi^ 
This consideratioQ^ small and personal and perishable in its nature, was soon 
ooosumed ; leaving the vmulor, only, vain regrets, which frequently hurried Inm 
uitounfflrudentandonjustifiabiehosdhties. Had it been practicable in the early 
pefiod of the intercourse between the whites and Indians of North Americav 
to have adopted the annuity system, which has been, in part, pursued by the 
United Stales, the Indian race might, possibly, have been improved, en* 
lightened, and preserved. 

The Indiana inhabiting the country between the great lakes and the 
' Roanoke, beloofled, it wouki seem, either to the Lenni Lenape^ or the Mtng^ 
me nations. The former, known among their derivative tribes, also, by the 
name of the Wapanaekki^ corrupted by the Buropeans into Opennaki, Opt* 
magij Abenaquis and ApefkMes, and among tb6 wt^tes by the name of 
Ddawaresy held their principal seats upon the Delaware river, and were ao 
knowledged by near forty tribes as their *^ grand&thers," or parent stock. 
They rebte, that many centuries ago, their ancestors dw^t iar in the western 
wHfb : but emigrating eastwardhr, they arrived ailer many years peregrina^ 
tion^on the Namati Sipu (MisaiBsippi), or pver offish, where they enooun- 
tered the Mengwe, who had also come fVom a distant country, and had first 
approached the river, somewhat nearer its source. The spies of the Lenape 
reported, that the country on the east of the river was inhabited by a power- 
fill nation, dwelling in large towns, erected upon their principal rivers. 

This people were tall and robust, some of them were said to be even of 
gigantk) mould. • They bore the name of AlUgexoi^ from which has been 
derived, that of the Alleghany river and mounuuns. Their town? were de- 
fended by regular fortifications, vestiges of which are yet apparent, in g^eeater 
or less preservation. The Iknape^ requesting permission to establish them* 
selves in the vkunity, were refiised ; but obtained leave, to pass the riv^, in 
order to seek a habttaticm farther to the eastward. But, whilst crossing the 
stream, the AUigewi^ akumied at their number, assailed and destroyed many 
who had reached the eastern shore, and threatened a like fete to the remain- 
der, should they attempt the passage. Fired by this txeaebery, the Lenape 
eagerly accepted a proposition from the Mer^gwe, who had hitherto been 
spectators of their enterprise, to unite with them, for the conquest of the 
country. A war of great duration was thus commenced, which was prose- 
cuted with great loss on both sides, and eventuated in the expulsion of the 
AlUgewif who fied from their ancient seats, by way of the Misisissippi, never 
to return. The devastated country was apportioned among the conqu^x^rs; 
the Mengwe choosing their residence, in the neighbourhood of the gvea( 
lakes, and the Lenape in the lands of the south. 

After acHne yetamf during which, the conquerors lived together in much 
harmony, the hunters of the Lenape^ crossed the Alleghany mountains, 
and discovered the great rivers, Susquelianna and Delaware. Expforing the 
8keyiekhi country (New Jersey) they reached the Hudson, to which they, 
subsequently, gave the name of the MoMcaamttuek river. Uppn their 
return to their natknt, they described the country they had visited, as abound- 
ing in game, firuits, fish, and fowl, and destitute of inhabitants. Concluding . 
this to be the home destined for them, by the Great Spirit, the tribe esta- 
Uished themselves upon the four great rivers, the Hudson, Delaware, Sus- 



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^. 



00 Illllllil^n^^PU' JESSlEt. 

qariiftima, and Fotomocy making the Delaware^ to which Ihey ff&ve ^ mm 
of the Lemeupe wiki^uek^ (the river or stream of the Lenape) the eentie of 
their possessions. 

They say, however, that all of their nation who eroMAthe MisBOssipiii, did 
not readi this country; and that a pait remained^H^ of the NamM 



8ipu. They were finaUy divided into -three great aHRv; the larger, one* 
half of the whole, settled on the Atlantic; the other half was separated into 
two parts; the stronger continued beyond the Mississippi, the other r^nained 
on its eastern bank. 

Those on the Atlantie were subdivided into three tribes; the Turtle or 
Unamisy the Turkey or Unalacktg^y, and the Wolf or Minn. The two 
fermer inhabited the coast from, the Hudson to the Potomac, settling in smaH 
bodies, in towns and villages upon the larger streams, under chie& sobordi* 
nate to the great council of the nation. The Mindy caHed by the English, 
MuncySy the most warlike of the three tribes, dwelt in the interior, forming 
a barner between thdr nation and the Mengwe. They extended themsehres 
from the Minisink, on the Delaware, where they held thdr council seat, to 
the Hudson on the east, to the Susquehanna on the south-west, to the head 
waters of the Delaware and Susqu^mnna rivers on the north, and on 
the south to that range of hills now known, in New Jersey, by the name 
of the Musconetcong, and by that of Lehigh and Coghnewago, in Pennsyl- 
vania* 

. Many subordinate tribes proceeded from these, who received names either 
iirom their places of residence, or from some accidental circumstance, at the 
time of its occurrence remarkable, but now forgotten. 

The Mengtoe hovered for some time on the borders of the lakes, with their 
canoes, in readiness to fly should the AUigewi return. Having grown bolder, 
and their numbers increasing, they stretched themsdves along the Ql Law- 
rence, and became, on the north, near neighbours to the Lenape tribes. 

Thie Mengwe and the Lenape, in the progress of time, became enemies. 
The latter represent the former as treacherous and cruel, pursuing, pertina- 
dou^y, an insidious and destructive policy towards their mom generous 
neighbours. Dreading the power of the Lenape, the Mengwe r^olved, by 
involving them in war with their distant tribes, to reduce their strength. 
They committed murders upon the members of <me tribe, and induced the 
injured party to believe they were perpettated by another. They stole into 
the country of the Delawares, surprised them in their hunting parties, 
slau^itered the hunters, and escaped with the plunder. 

£^h nation or tribe had a particular mark upon its war clubs, which, 
placed beside a murdered person, denoted the a^ressor. The Mengwe perpe- 
trated a murder in the Cherokee country, and left with the dead body, a war 
dub bearing the insignia of the Lenape. The Cherokees, in revenge, foU 
^denly upon the latter, and commenced a k)ng and bkx)dy war. The 
treachery of th^ Mengwe was eX length discover, and the Delawares turned 
upon th^ with the determination utteriy to extirpate them. They were the 
more strongly induced to take this resolution, as the cannibal propensities of 
the Mengwe had reduced them, in the estimation of the Delawares, bdow 
the rank of human beings** 

Hitherto, each tribe of the Mengwe had acted under the directicm of its 
particular chiefs; and, although the nation could not control the conduct of 
its members, it was made responsible for their outages. Pressed by the 
Lenape, they resolved to form a confederation which might enable them 

* The Iroqnoifl or Mengwe somethnes ato the bodies of tbeir prisoners. — Heckt- 
wdder/i\. N. Y. Hist. Col. 55. 



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^w- 



BiffroaY dPIV IteflST* «i 

bitter to ooaotatBtttt tjw foice in war, aad to i6git^ 
1%mnnaw^tg€y an i^;ed Mobawk, wtt» the projeoto^ of this alliance. Under 
}^ auipicesf five nalionst the Mohawks, Otoeidas, Qnondagoes, Cayugas, and 
fieoecas, iofined a MMies of repuUic, governed by tiie united eoiimaaU of 
their aged and enJj^Dtti chiefr. To theee a sixth natkm, the THisoaroraa^ 
was ad<fed in 17]7^ms last, oiiginally dwelt in the wester^ parts of North 
Oarohoa* bat baring fomed a deep and general conspiracy, to«xlenninalB 
dw whitas, were driven firom their oouii^, and adopted by the Iroquois coo* 
iedereey«* The beneficial e&ots of this system, early displayed themselves* 
The Lenape were checked, and the Mengwey whose warlike disposition soon 
fiufmliamed them with fire arms, procured firom the Dutch, were enabled, at 
the same time, to contend with thenit to fesist the French, who now at* 
tempted the settlement of Canada, and to extend their conquests ovot a large 
portion of the ooontry between the Atlantic and the Bliasissippi* 

But, being prised hard by their new, they became desirous of reooiicili»> 
tion with their old, enemies ; and, for this purpose^ if the tradition of the 
Delawares be credhed, they efieoted one of the most extraordiiiary strokes 
of policy which history has recorded. 

The mediatturs' between the Indian nations at war, are the women. The 
men, however weary of the contest, hold k cowardly and disgraoefiil to seek 
reoonoilktion* Theydeemitinoonsistentinawarrior, to speak of peace with 
bkxxly weapons in his hands* He must maintain a determined courage, and 
appear, at all times, as ready and wilhng to fight as at the commencement 
of hostilkies. With sudi dispositions, Indian wars woukl be intenmnaUe^ 
if the women did not interfere, and persuade the combatants to bury the 
haitchet, and make peace with each other. 

Their prayers seldom failed of the desired effocL The function of- the 
peace maker was honourable and dignified, and its assumption by a count* 
geous and powerfiil nation could not be inglorious. This station the Jir€f^^we 
urged upon the Lenape. '* They had reft^cted," they said, ^ upon the state 
of the Indian face, and were convinced that no means remained to preserve 
it, unless some magnanimous nation would assume the character of the 
WOMAN. It could not be given to a weak and contemptible tribe ; suoh 
would not be listened to : but the LefM^ and their allies, would at once poa> 
sess influence and command respect*'' 

The fiicts upon winch these arguments were founded, were known to the 
Delawaies, and, in a moment of blind confidence in the sino^ty of te 
Iroquois, they acceded to the proposition, and assumed the petticoat. The 
ceremony of the metamorphosis was performed with great rcjoidngs at Al- 
bany, in 1617, in the presence of the Dutch, whom the Lenape charge with 
having conspired with the Mengwe for their destruction. 

Having thus disarmed the Delawares, the Iroquois assumed over them 
the rights of protection and command. But, still dreading their strength, 
they artfully bdvolved tbera again in war with the Cherokees, promised to 
fight their battles, led them into an ambush of their foes, and deserted them* 
The Delawares, at length, comprehended the treachery of their arch enemy, 
and resolved to resume dieir arms, and, being still superior in numbers, to 
crush them. But it was too late. The Europeans were now making their 
way into the country in every direction, and gave ample emji^yment to the 
astonished Lenape, 

The Mengwe deny these machinations. They aver, that they conquered 
the Delfiwares by ^rce of arms, and made th^ a subject people. And, 

' Smith's New York. Doogl. Samm. 

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41 



«l HISTORY OKTTEW JBRBEY. 

Umagii k be and, tbsy are utMtble to dettiil the dfcumflbmoee of this con- 
queat, it is more rational to suppose it trae, than that a braye, numerouB, and 
warlike nation should have, voluntarily, sufi&red themsehres to be disarmed 
and enslaved by a shallow artifice; or that, discoven^ the fraud practised 
upon them, they should, um^esntingly, have submiMrt^ its consequences. 
This conquest was not an empty acquisition to the mengwe* They claimed 
dominion over all the lands occupied by the Delswares, and, in many in- 
stances, their claims were <&tin<^y acknowledged. Parties of the Five 
Nations occasionally occupied the Lenape country, and wandered over it, at 
fdl times, at their pleasure. 

Whatever credit may be due to the traditions of the Lenape ^ relative to 
their migration from the west, there is strong evidence in support of tfadr 
pretensions to be considered the source, whence a great portion of the In- 
dians of North America was derived. They are acknowledged as the 
^ grandfttthers," or the parent stock, of the tribes that inhabited the extensive 
regions of Canada, from the coast of Labrador to the mouth of the Albany 
liver, whkh empties into the southernmost part of Hudscm's Bay, and from 
thence to the Lake of the Woods, the northemmo^ boundary of the United 
States; and also 1>y those who dwelt in that immense country, stretching 
from Nova Sootia to the Roanoke, on the sea-coast, and bounded by the 
Mississippi on the west. All these nations spoke dialects of the Lenape Ian*' 
guage, ajSbrding the strongest presumption of their derivation from that 
slock* The tribes of the Mengwe^ interspersed throughout this vast r^ion, 
are, of course, excepted, lliey were, however, comparatively, few in 
number. 

We have no data by which to determine the number of Indians in New 
Jersey, at the advent of the Europeans- It is certain that it was very in- 
considerable. The tribes were small, and scattered over the country ;^ and 
oondisted then, or soon afler, of portions of the Mengwe and Lenape nations^ 
These petty hordes were commonly distinguished in their intercourse with 
tiie whites, by the names of creeks, or other noted places, near which they 
dwelt. Thus, there were the Asmmpinky^ the Utthkoka8y'\ the itftn^, the 
AndtuUJea; about Burlington, the Maniae,'X the Raritana, the Navisinks^ 
^ec The most noted nations, who occasionally inhabited the province, and 
claimed lands within it, were the Naraticrnige^ on the north side of the 
Raritan river; the CapiHnasges, the Gacheoa, the Jlftmcj;^^, or Mimnhke^ 
die PompUmSj the SenecaSy the McLquas^ or Mohawks, and perhaps others, 
of the confederates of the Five Nations. These tribes were frequently at 
war with each other, and the heads of their arrows and javelins, lare even 
now occasionally discovered in the battle-fields; and near the falls of the 
Delaware, on the Jersey side, and at Point-no-Point, in Pennsylvania, and 
at other places, entrenchments were made against hostile incursions. At 
some seasons of the year, the country, on the sea shore was probably more 
thickly covered by swarms,* who crowded fifom* the adjacent provinces to 
enjoy the pastimes, and partake the pl^ity of the fkhing and fowling sea- 
sons. And we may conceive, that they were Mengwe warriors, whom 
Hudson encountered in the Kill-van-Kuhl, and the New York Bay. 

From the- petty rasident tribes, purchases of the soil of New Jersey, were 
€rom time to time, made by the Dutch, the Swedes, and the English proprie^ 

* Stony Creek, 

i Lanukasj or Chiehequatj was the proper Indian name. The Indians did not use 
the r. 

X Froga, A creek or two, in Gloucester county, are called Mimta, or Jfonttia, fhmi 
a lar|;e &ibe that resided there. The tribes were probably of the same stock. , 



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?m\ 



lOpSn&Y OF NEW JBBSET. M 

t^m of East .apd West Jenery. Prior to tha canqi^ €€ New Yotk, by 
Nicholis, it is probable, that individuals were permitted to pmcbaae fioni 
the na^ves, stu^h tracts of 4and as they required. Sufaaecpenlly to that 
event, a like practice was for a e^rt time pennittod, upcm the eaq»«ai 
liceiise and confirmalkm of the ^veraon But ailer the grant to Berkel^ 
and Carteret was proclaimed, do pusohase from the Indiaiis, other thafii by 
the general pn^prietors, could be deemed lawfid. These proprtetora, appear 
to have conducted themselves, with much equity; and fbr nearly a oemory 
to have maintainJad, with the remnant ^ the tribes, great cordiality ajid 
friendship.^ ^ . . 

, When the war of 1756, unbridfed the evil passions of thewestem Indians^ 
some of those who had usually resided in New Jersey, ungratefiilly, united 
with the enemy, and probably, in the year 1758, led the way to the massa^ 
exes of a few families.oa the Walpack« Upon the first evideaices of Indian 
hoi^Uty, the le^slatuie, of New Jersey appointed ccmunisBioners to ^Numne 
into the treatment of those who dwelt within their boundaries, with whom a 
conv^tion was holden, at Crosswicks, in the winter of 1756, and they wem 
invited to unfold whatev^ grievances they might have. They oompiained 
of some impositions, in grants of lands, to incHviduak, and in their private 
tralBc, particukriy, yfh&i intoxicated; of the destruction of the deer, by 
iron traps ;> and the occupation of some small tracts of land, the title to 
which, they had not sold. At the sessbn of 1757, the Assembly imposed a 
penalty on persons selling - them strong drink, so as to intoxicate theto — pro* 
hibited the setting of traps weighing more than three pounds*-avoided ail 
sales and leases of land, made in contravention of the laws — and appropri* 
ated »xteen hundred pounds, to the purchase of a general rdease ot Indian 
claims, in New Jersey ; one-half to be expended tor a settlement, for sudi 
Indicms as resided south of the ^^tan, where they might dwell, and the 
remainder, to be applied to the 'purchase of any latent claims of non^ 
residents. At a second convention, holden also at Crosswicks, in February, 
175d, the Indians produced a specification of their claims, appointed attor* 
neys, to represent them in fiiture negptiations, and executed a formal release, 
to all lands in New Jersey, other than those in their schedule, and aiso to 
mich of those as might have been before conveyed ; excepting the claims of 
the Minisinks and Pon^^tons, in the northern parts of the province; re* 
serving the right to hunt and fisb^ on unsettled lands^f 

* The last purchase from the Indians, entered in the East Jersey Records, wa^ 
made by Jt>hn Willocks, from the Indian Weeqnehelah, June 16th; 1703, of a tract of 
laad, in MonmooUi county. — BookF.2Zi. 

t The Indians who retired to the v^est, had, to one of the inessengers, from Penn* 
sylvania, complained of the death of the sachem, WeeqUehelah; but this was a mere 
pretence, to colour their attempts with the appearance of justice; as that Indian was 
known to have been executecl for actual murder, and' to hare had a Id^ trial. He 
was an Indian of great note, among Obristians and Indians, of the trib^ that resided 
about South river, where he lived, with a taste much above the common rank of In: 
dians, having an extensive farm, cattle, horses and negroes, and raised large crops oif 
wheat; and Was so far English in his furniture, as to have a house well provided with 
feather beds, calico curtains, &c. He frequent^ dined with governors and great 
men, and behaved well; but his neighbour. Captain John Leonard, having purchased 
a cedar swamp of other Indians, to which he laid claim, and Leonard refusing to take 
it on his right, he resented it highly, and threatened that he would shoot him; which 
he accordingly took an opportunity of doing, in the spring, 1728, while Leonard was 
in the day time walking m his garden, or near his own house. — Smith's J^tw Jeraeyj 
pp. 440-441, n. 

The commissioners for treating with the Indians, were Andrew Johnston, and 
Richard Salter, esquires, of the council ; and Charles Read, John Stevens, William 
Foster, and Jacob Spicer, esqoires. The Indians were, Teedyuscung, king of the 
Delawares^ G^eorge Hobayoek, from the Sosquehannah ; CroMsmek IjuUana, Andrew 



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M H10TOHY OF NEW JWOfBX. 

Towards the Qlo8e<^. tbe suimoer of ITSd, and ^sr the iofoads on di|t 
Walpaok, Gcfveraor Bernard, through the modiun^ of Teedyuscungy king of 
the Dekiwares, eummoned^he Minwnk or ]\lancy» and the Pompton Indiana^ 
who had joined the ^lemy, to meet him ai Buriiogton. Thither^ they desr 
patched deputies, who opened a council, on the 7th of August^ 1758, at 
which a Min^attended, who, eKerciaiffg the right of a conqueror, declaiedr 
the MuBoys to be women, and, eonsequ^y^ unahie to treat for tbeaselviBai 
and propoeed to adjourn th&oQBferenoey to the council ^ire, about to be lighted 
at Eaaton— -to wMch, the goivemor readily acceded** The great council 
hdden fU tJm place, in October, 1758, had th^ general pacification of the 
Indian tribes, ibr its chief oliject. A special conference^ waa, however, bad, 
by Governor Barnard, with the chief of the united natione, the Minisink% 
Wapings, and other bribes, on the 18tb of that numth; whan he obtained, 
in e(»sideration of one. thousand dollars, a release of the title of all the In*' 
ifians, to every portioQ of New Jersey* 

•The oonimissioners, subsequently, with the consent of the Indian attor« 
Bcya, purchased a tract of more than three thousand acres ^ land, called 
" BrdtWton," in Burlington county, <m Edg^i^ing creek, a branch of the 
Atsion river^ upon which, there were a cedar swampi and a saw mill; and 
adjacent, many thousand acres of poor, uninhabited land, suitable for hunt* 
ing, and cohvenient for fishing on the sea shore. This property was vested 
in trustees, for the use of the Indians, resident south of the Raritan, so that 
they could neither sell nor lease any part Upreoff and all persons, other than 
Indians, were^ forbidden to settle thereon. ^ Soon afler the purchase, they 
were assisted by the government to remove to this spot, and ta erect commo^ 
dious buildings. In 1765^ them wem about sixty persons seated here, axtfi 
twenty more at Week|Hnk, on a tract aecuzed, by an English right, to the 
fiunily of King Charies, an Indian sachem. But no measure haa yet been 
devised, to avert the fiat which ha» gone fcoth against this devoted raoe» 
Tim feeble remnant having obtained pennissioQ to sell their lands, in num- 
ber between seventy and eigi]jty, removed, in 1802, ta a settlement on the 
Oneida lake, belonging to the Stockhridge Indians, who had invited their 
^ Gr^mMahert to eat ^ their dish," saying, ^' it was large eneugh^for both;" 
and addmgy with* characteristic eamestnessy that, ^ they had stretched their 
ilecks, in looking towards the iire-side of their graiKiUatheni, until they w^re 
as long as those of cranes." The nnited tribes remained here until 1834; 
when the eiicroachments of the whites induced them, with the Six Nations, 
and the Muncys, to quit New Stockhridge, aiid to purchase from the Meno- 
mees, a krge tract of land on the Fox river, between Winnebagoe Lake, 
and Green Bay, and extending to Lake Michigan. In 1882, the New Jersey 
tribe, reduced to less than forty, applied by memorial, to the Legislature c^ 
the State, setting forth, that they had never conveyed their reserved rights 
of hunting sind tishingr on unenck)sed lands, and had appointed an agent, to 
transfer them on receipt o{ a oompensation. This agent, a venerame chitf 

Wooley, George Wheelwright, Peepey, Joseph Cuish^ William Loulax, Qabri«l 
Mitop, Zeb. Conchee, Bill News, Jofata remboltis ; Mountain Indians^ Bfoses ToUn^, 
Philip; Raritan Indian^ Tom Evans; nSncoeus hdignSy Robert Kekott, Jacob MoUm, 
Samuel Gooliuf ; Indiitnsfrom Cramhury, Thomas Store, Straben Calvin, John Pom^ 
shire, Benjamin Clans, Joseph Wooley , Josiah Store, Isaac Still, James Calvin, Peter 
Calvin, Dirick Quaquaw, Ebenezar Wooley, Sarah Stores, widow of Qnaqnahela; 
Smdhem Indians ^ Abraham Loques, Idaac Swaneke. John Pompshire) interpreter. 

/ The degradation of the Delawares, or Lenape, is apparent upon every oceasioil, 
on which the Mengwe assemble with them. Benjamin, who on tliis oocasioii replied 
to Ckn^emor Bernard, on behalf of the Mnncy Indians, held a belt in his hand, but 
spoke whilst sitting, not being alloM^d to stand, antil the Mingo had spoken.^-^tn. 



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HISTORY OF NEW JERSEY. 66 

t( mrfBntj'^QOB jmn of age, bote the name of Bartholomew S. Calriii* He 
had been aeiaoled by J« Brainerd, brother of the celebrated Indian mbaon- 
lury, and pkead at Princeton College, in 1770 ; where he continued, untU 
the revolutionary war cut off the iui^ of the Scotch Missionary Society, by 
whom he was supported* He afterwards taught school, for a number of 
years, at Edgepeling, where he had as many white as Indian pupils. As aU 
i^al ckim m the tribe, was even by its own members, consickred barred by 
voluntary abandonment, the Legislature consented to grant remuneration, as 
ad act of voluntary justice; or rather, as a memorial of kindness and com* 
passion, to the remnant of a once powerful and friendly people, oecupante 
and natives of the State, asd as a consununation of a proud foot, in the his> 
tory of New Jersey, tlmt every Indian claim to her soil, and its franchises 
had been acquired by Air and voluntary transfer. By the act of 12th 
of March, the treasurer was diiected to pay to the agent, two thousand doU 
lars, upon ^ing in the secretary's office, a full relinquishment of the rights 
of lib tribe. 

In all the uisasitres of the state for the extinction of Indian dtle, it will be 
observed that she was moved by principles of justice, humanity, and sound 
poh^. No peduniary benefit resulted directly to the treasury, as she pos» 
sessed, in her own right, not a single acre of the soD. This, by every title, 
l^fal and equitable, was fully vested in the prq>rietaries, respectively, c^ East 
and WesI Jqrsey ; and we proceed to consider, concisely, the principles which, 
tbcj adopted for its disposal* 

X« By the several ^ ConoessioDs'' c( Berkeley and Carteret^ and their 
grantees, the twenty^bur genial pro{nrietor8, lands were given to settlers^ 
masters, and servants, males and femakes, in desiffnated quantities, subject to 
an annual quit*rent, and the extincticm of the uidian title. This was the 
comnxm tenure until the 18th January, 1686,* and some few instances 
occur so late as 1701. Lands thus granted were denominated «' head lantUJ** 

The BKxls of the gmnt was devised with due regard to the ease and safety 
of the grantees. A warrant signed by the govenicHr and major part of the 
council, was directed to the surveyor-genenu, commanding hun to survey a 
specific number cif acres. Upon this warrant the jorveyor endorsed his re- 
turn; both were recorded by the register, and upon certificate firom the 
governor and council, he issued a pat^it, which leoeiving the signature <^ 
the goremor and council, was, also, duly registered. A reservation, not 
ordinarily expressed in the patent, was ma& of all mines of gdd and 
silver. 

There was, however, another source of legal title, to lands in the province, 
in the Swedish and Dutch authorities; under the latter of which, many tracts 
were holden in Bast and West Jersey, accompanied with an Indian title, 
obtained by the holders. Upon the English conquest, the principle was, im* 
mediately, estabhshed, that no Indian right could be purchased, except by 
license from die English proprietors. Thus, that license was required ftnr 
the Elizabethtown tract, and was given by Colonel Nicholls before, and in 
ignorance c^, the transfer to Berkeley and Carteret. Governor PhiHp Oar*> 
teret, also, gave such licenses, but, always subject to the " Concesncms,'* 
which required the purchaser from the IncUans, to take a proper and formal 
title from the general proprietors. In such case, when th<i Indian grant 
covered more than the location of the grantee, be was entitled to contribu« 
tion from all who were benefitted by it. Thus, when under his license, the 
Newark settlers procured the Indian release for more lands than they had 
appropriated to imported heads in 1685, they claimed, and in 1092 received, 

* EHxabethtown Bill in Chancery. See ante, p. 96. 

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66 HISTORY OF NEW JERSEY* 

from the council of proprietors, a full indemnity, in the grant of one hundred 
acfes of land more than they were entitled to by the ODnoe6si(»iB, for each 
of the original settlers, at a quit-rent of six-pence sterling the hundred, instead 
of four shillings and two-pence, per annum. 

In the year 1680, governor Androes, afler his usurpation of authority in 
New Jersey, encouraged purchases from the Indians, in cbn^ation of the 
proprietary rights. But the Duke of York, on complaint, not only disowned 
the aet» of h^ deputy, bbt removed him from office. Many of such pur^ 
chasers, afterwards, took title from the proprietors, in -due form ; but the 
danger of the practice, induced an act of Assembly, in 1688, prohibiting ail 
treaties with the Indians, without license from the governor. During the 
confudon resulting from the rival claims of Mr. Basse and Mr. Hamilton 
to the govenunent, from 1698 to 1702, this act yras disregarded, and 
purchases were made from the natives. But, in 1768, as soon as the go- 
vernment was resettled, another act annulled them, and required the pos- 
sessor to take a proprietary title, within six months from its passage. This 
act, also, prescribed the method by whidi the proprietaries, thenraehes, in- 
dividually, should obtain license to treat with the natives; and imposed a 
penalty of forty shillings per acre, upon everyone who ishoold purchase 
without license. 

We have elsewhere spoken, particularly, of the Elizabethtown purchase.* 
Many of the claimants under the Indian title, took patents from the proprie- 
tors; but others have steadfastly relied upon it, resisting all effi>rtsof the pro- 
prietors to recover quit-rent, or locate warrants, and have repeatedly disturbed 
the public peace by their violence. This pertinacity has been maintaioed, 
notwithstanding the only plausible pretence of title, was in the sanction of 
Governor NichoUs, as the deputy of the Duke of York, given after the right 
had passed from the Duke to his grantees, cmd notwithstanding such sanction 
was formally disavowed by the Duke^ 25th November, 1672, This claim 
purchased for a few pounds, the very paymtent of which is uncertain, covered 
400,000 -acres, between the Raritan and Passaic Rivers. Irregular Indian 
titles were also set up in Middletown and Shrewsbury townships, but were 
early abandoned ; the claimants taking patents fVom the proprietors, and re- 
ceiving an indemnity for thdr expenditure in the grant of 500 acres of land, 
each. Some of the inhabitants of Newark, also pertinaciously claimed an 
exclusive ri^ht under the Indian grant, refusing to pa^ quit rents, and play- 
ing a conspicuous part in the riots which were, from time to time, excited by 
efforts to enforce prq>rietaiy rights. The adverse claims of the Newark peo^ 
pie, were, probably, settled by arbitration and acquiescenoe-f But although 
many suits have been brought at laiv, and a most ably drawn bill, containing 
the whde case has been filed in chancery, the proprietaries have been unable 
to obtain an effectual determination of the question arising out of the Elliza- 
bethtown pretension. The quit rents throughout East Jersey, are due and 
demandable; but the lapse of time, and the division of tracts and interests 
render it impossible to collect them. In one instance, only, that of the quit- 
rent on the town of Bergen, of £15 sterling, p«f annum, a commutation after 
suit brought, has been made between the tenants and proprietcM^ 

For a short period after the purchase of the province, by the twenty. four 
proprietaries, the grant of bounty or head lands, was continued. The pro- 
prietaries soon afier their acquisition, sold many small shares, to persons who 
transported themselves and families into the Eastern division. And they 

•Seop«(re27. 

t See Appendix note O.for a copy of a letter from David O^den, esq., 20th February, 
1767, and see Phila. Lib. No. 1568, ocUVo, 



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HISTC«Y OP NEW JERSEY. 67 

agreed to divide part of the lands remaining in common, among themselves 
in proportion to their rights. Dividends were thus made &om time to time. 
The first copsisted of lt),00(X acres to each share, or twenty-fourth part, and 
to fractions of a share in the same proportion. These dividends were to be 
located in any place,, not before appropriated^ And to restrain the locations 
within proper hmits, a number of the proprietaries, resident in New Jersey, 
oonv^ied from time to time with the governor, to ei^amine the rights of the 
respective claimants, in order to determine what was due to each; and upona 
certificate of five of theni, the governor issued the proper warrants of survey. 
This council first met on the 1 3^ Nov^ber, 1 664. In other respects, the mode 
of location and of obtaining of title, was similar to that pursued by the first 
propnetaries uiniler their Concessions, except, that in patents, to the proprietors, 
no quit^rents were reserved. This mode continued unti! after the surrender 
of thegovemtnent,and the arrival of the first governor appointed by Queen 
Anne« 

Upon the 2d of December, 1702, two fiirther dividends having be^i made, 
a g^ieral.ordsr was declared, that the surveyor-general should suirey to 
each proprietor }iis proportion without fiirther particular warrant, by which 
the d\ky of inquiry into the rights of eaclr proprietary, and ordering warrants, 
devolved upon that officer. At Ae same time, a former regulation was re- 
ne^edy directing that no survey should be made to any person, whose title 
was, not upcm record with the reffister^ who by means of an account opcftied 
with each proprietary, could certify the true condition of his share. 

The office of roister, which was estabfii^ied by the Concessions, and was 
always in the nommation of the proprietaries, was recognised by Act of As- 
sepiUy , 21st February, 1 692* Upon the surrender of Uie government to the 
crown, it was agreed, that the governors to be appointed, [£ould be instruct- 
ed to procure from the assembly, such acts, whereby the r^t of the pro- 
prietari^ to the soil might be confirmed to them, together with such quit-* 
rents as they had res^yed, and that the particular estates of all purdhlaaen, 
claiming under the general propri^aries, should be also cc»)finned and settled ; 
and he was required not to permit any person, other than such pfoprietoia 
and their agents, U> purchase lands from the Indians. These instructions w«ve 
r^ularly continued to the respective governors. 

In 1719, the act for running, and ascertaining the division line between 
East and, West Jersey, and oth^ purposes, required, that the surveyor-gene- 
ral of the respective .divisions, «hould keep by themselves, or deputies, a (Riblic 
office in the cities of Perth Amboy and Burlington, respectively, in which 
should be, carefully, entered and kept, the surveys of all lands, thereafter, made, 
which should be of reoord, and pleadable in the courts. Authority was also 
given to such (^ficers^respectively, to collect, and preserve all muniments c( 
title, which might be of general use for proving the rights of the proprietaries, 
or^persons daiirang -under them; and the officers were required to give bond 
to the governor for the^use of the > proprietors, in the ^sum of one thousand 
pounds, conditioned for the iaithfiil performance of their duties. 

As the practice which now universally prevailed, of the proprietaries or their 
vendees laying their warrants wherever they could, or supposed they oould, 
find vacant lands, and as the surv^s were not regularly recorded, many per- 
sons not Only surveyed lands which had been forroany appropriated, but even 
setHed and improved them, and were afterwards ousted. For remedy of this 
grievance, the same act provided, that all surveys theretofore made, thecertifi- 
cates of which were in the hand3 of any of the inhabitants of this or the neigh- 
bouring province, which were not within two years, and such certificates as 
were in the hands of persons living beyond seas, which were not within three 
years, after the publication of the act, duly recorded, either in the recorder's 



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m HISTORY OF NEW JBRSET. 

offioa» or in the sunreyor-gttieml's reocKrd of thi& diviedoii, in whkh stioh la&ds 
ivere surveyed, should be void ; and any succeeding survey duly made and 
recorded, should be as good and suffident, as if no former survey had beoi 
made. 

After the surrender of the government, by which the governor ceaeed to 
be an officer of the proprietaries, no more patents could he made under the 
seal of the provinces The proprietaries of Bast Jersey, observii^ that those 
of West Jersey had never used that method for impropriating their divid^uls, 
but had made all their divisions by warrants fnxn their council of proprieta- 
ries, afler inspection of the right of the claimant and survey thereon made 
and certified by their surveyor-geoeiai and recordied, resolved to adopt the 
same form of obtaining their dividends in severalty. And this mode, since 
1703, has continued to prevail in both East and West Jersey. 

The council of proprBBtaries of East Jersey, having devolved their princi- 
pal duties on the surveyor-general, they, after the surrender, ceased to meet, 
imless on special occasions. But finding this inattenticm prejudicial to their 
interests, a majority of the general proprietors, their attorneys, and agents, 
by an instrument, dated the 2fith day of March, 1725, agreed, that, a cerw 
tain number therein mentioned, having, in their own right, or by proxy, 
Mght whole propri^aries, should make a oouncil, with power to i4)point the 
receiver of the qipt-rents, the register, and the surveyor-general, declare 
dividends, examine claims, grant warrants of survey, and, generally, to do 
all things requisite for the mana^ment of proprietary afiMrs. The council 
commonly held two stated ntoetmgs, annually, at Perth Amboy, and con- 
vened, also, whoi specially required. From 1725, to the pres^it period, it 
haa continued to administer the a£%dfs of the proprietaries of East Jersey, 
without intermission.* 

The whole number of dividends, made by the proprietaries of East Jersey, 
«i<e eleven of^^goed rigkij^ and throe of *^pine,rigki;^^ the first, amounting 
lo thirty^'Oight thousand, and the second, four Aou^md, acres to each shares 
A very great portion of these rights have been located, but the stock is not 
yet exhiuisted. In Monmoudi there is much vacant land, but it is not valua- 
ye; in tiie northern counties, Sussex, Bergen, and Morris, there is little im- 
apprq)riated; but in Middlesex^ Somerset, and Es^ex, there is noneunlo- 
cated.t 

XI* Soon after the purchase by the West Jersey proprietaries, they r^ 
i^ved to divide their territory into ten parts cnr precincts, and the whole into 
one hundred shares or actions. To this end, chapter first of the Conces- 
sions, provided, that the commissioners, for the time being, '< should take 
caie for the setting forth and dividing all the lands of the province, as were 
already taken up, or by themselves shall be taken up and contracted for, 
with the natives^ and the said lands to divide into one hundred parts, as 
occasion shall require; that is to say, for ev^ quantity of land that th^^r 
jihall, firom time to time, lay out to be planted anid settled cm, they diall first, 
for expeditkm sake, divide the same into tea equal parts or shares; and, fyr 
distinqtioii sake, mark in the register, and upon some of the trees, bek)n«ng 
to every tenth part, the letters A B, and so end at the letter K." The 

* Mr. John Ratherfttd i» now, or was lately, its preddent, anil Jamea Parker ,^ Eaq. 
the register. To the latter genUeman I ezpfeaa mj obligation, for the readineaa and 
kindnesa, with which he has communicated much mformation relativis to the eaatem 
land office, and other subjects of general interest. Its first president was Lewis 
Morris, afterwards goremor. 

t Proprietary rights of Ea^t Jersey have sold, siBce 1797, geaendly, at about one 
dollar the acre, wholesale— sometimes higher, if scaroe, befOTO a diridend. The retail 
price has been about one dollar and fifty cents the acre, The value Iq 1834, is stated 
at one dollar, or seventy-five cents per the acre, in large quantities. 



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HDETIORY OF NEW .ffiRSEY. 69 

ooiBiiMsioiiers won Aen instnietBd to gire prelmiice to oertain individuiiis 
of the county ofYotki* for themselvfls and meiid9> who were descnbed, ^as 
a eonsiderable mimher of people, who might speedily .promote the planting 
of the said provinoe," in the du^ of any cme of such tenths. Ailerwards, 
any other person or penKms, who should go over to inhabit, and have pur^ 
chased to the number of ten proprietaries, shoald have liberty to make 
dhnice of any of the remaining parts: and all other proprietaries who ^onld 
go over to settle, and could n^ka up amongst th^n the number of ten pro* 
prieton, nnght elect to setde in any tent^ not befine appropnated. The 
oommissioners were empowered to see such tenth part, so chosen, laid out 
and divided into, ten proprietaries, and to allot the setters so many.proprioi- 
taries out of the. sane, as they htel order for« And the commissioneFs were 
instructed to follow these rutei, until they should receive contrary directions 
firom the major part of the {nroprietors. 

To encourage the settlement of the province, the. proprietaries of West 
leitey, also, adopted the plan of granting head lands, as in Bast Jersey, with 
some modification, of the coitditions* 'Hius*— '!• To all persons, who, with 
the cooeent of one or move of the proprietaries, should transport themselves 
(tf servants to die province, before the 1st April, 1677, there were granted, 
tor his own person and for every able man servant, «aoh, seventy acres; and 
tar every weal^ servant^' maie or Amale, exceeding the age of fourteen 
yter^ fifty acres; and to every senrant, when fine, fifty acres in fee: 2.. To 
nasteis and able servants, arriving before the 1st of April, 1678, fifty 
acres, and to such weaker servants, thirty acres; and to servants, aflsr the 
expiration of their sendee, thirty aorea: 8. To every fireeman, arriving in 
the provmoe between the 1st of April, 1678, and the 1st of April, 1679, with 
an intention to plant, forty acres; for every able man servant the like quan* 
dty, and for silch weidcer servant, twenty acres; with twenty aeres to each 
servant at the expiration of services Upon lands of the first elass, there was 
reserved an annual quit^rent to the proprietor, his heii<sand assigns, to whom 
the said lands bdonged, of one penny an acre for what should be laid out in 
towns, and a halfpenny an ac^, for what should be laid elsewhere ; the 
rent to commence two years after the lands were kid out: upon lands of the 
steond dasst one penny fiirthing, the acre, whrai in towns, and three far- 
things the aore, elsewhere: and on land^ of the third dass, one penny half- 
penny the acre, in towns, and one penny the acre, elsewhere. 

Liuids so granted and settled, were to be hoM^,* on condition, that every 
hundred acres should contain, at least, two able- men servants, (»r three sudb 
weaker servants, and so proportionately, for a lesser or greater quantity, 
beside what the master or mistress should possess, as grant^ for his or her 
own person. On failure of which, on nc^ice to the occupant or his assigns, 
thlee years time was giv«n for eompleting the number of servants, or for 
the sale of such portbn of the lahds, as ^ould not be so peopled. And, if, 
within such three years, the holder should fail to provide such number of 
p^mnis, (unless the General Assembly, without respect to poverty, shoald 
judge it to have been impossible, to keep such number of servants), the 
commisskmers, upon verdkt and judgment of a jury of the neighbourhood, 
were empowered to dispose of so nnxh land, for any term not exceeding 
twenty years, as shoukl not be planted with the due number of persons, to 
some other, that would plant the same ; reserving to the proprietor his retfts. 
It was fiirther provided, that every proprietor, who should go over in person, 
and inhabit, should maintain upcfn every lot he should take up, one person 

* Hionuis HntcbinBoki of Beverly, Thomas Pearson of Benwicke, Joieph Hohneely 
of Great Kelke, George Hatchineon of Sheffield, and Makloa Stacy of flemswbrth. 



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70 HISTORY &? NEW JERSEY. 

for every two hundred acres. ^' And all other proprietoaps; that do ha^ go 
over in p^son and inhabit, should keep upon every lot of land that should 
&11 to them, one person at least, and if the lot exceed one hundred acres^ 
then, upon every hundred acres, one person. And upon neglect, the com- 
missioners were empowered to dispose of the lands, as in the prececHng 
case. This obligation for keeping servants upcm lands was to cootmue in 
force for ten years, from the date of the Concessions; unless where, in case 
of default, the commissioners had let the lands for a longer period. 

Fo/ the regular laying out of lands, die roister having recorded a grant 
from a proprietor, ft>r any quantity of acres, made out a certificate to the 
surveyor, or his cteputy, enjoining him, to survey such quantity, fr*m the 
share of such proprietor ; which done, the surveyor returned the survey to 
the register, and such return was Avly registered in a book kept £ot that 
purpose, and an endorsement of the entry was made on the back of the 
warrant. 

The commissioners elected by the Assembly, in 1681, prescribed ad- 
ditional rules for the settlement: of lands; by which^ the surveyor was 
required to measure the front of the riVer Delaware, beginning at Assunpink 
Creek, and proceeding thence, to Cape May, that the point of the ccNfnpass 
might be found, for running the partition line betwe^i each tenths Each 
tenth was to have its proportion of frcmt, on the river^ and to run so far back 
into the woods, as to give it 64,000 acres for first settlement, and for sub- 
dividing the Yorkshire and London two-tenths: Three thousand two hun- 
dred acres, were allowed, where the parties concerned, pleased to choose it, 
within their own tenth, to be taken up in the following manner; one-eighth 
part of a proprietary, and so for smaller parts, to have their full prc^[K>rtion 
of the said kind, in one place -(if they pleased); and greater shares, not^ 
exceed five hundred acres, to one set^ment. Ail lands, so taken up and 
surveyed, were to be seated within dix months, after being taken up; upcm 
penalty, that the chcHce and survey should beccwme void ; in which case, they 
might foe taken up by any other purchaser, he seating them, within one 
month after they should be taken up: No person was permitted to take up 
lands on both sides of a creek, for one settlement, unless for special cause* 
Nor to have more than forty parches front, to the river or navigable creek, 
for every hundred acres, except it fell upon a point, so that it could not be 
avoided — ^when the commissioners might exercise their discretion: All lands 
were to be laid out, on straight lines, that no vacancies should be left between 
tracts, except in special cases, to be determined by the commissioners: All 
persons were allowed their just proportion of maidow, at the discretion c^ 
the same officers: Persons already settled, were at liberty to make their set- 
tlements their choice, Mowing the rules prescribed: Every proprietor was 
allowed four hutidred acres to his proprietory, and proportioimbiy to lesser 
quantities, for town lot; over the 8200 above mentioned, which might be 
taken any where within his own tenth, either wiAin or without the town 
bounds: No person having taken up a town lot, was permitted to leave it, 
and take a lot elsewhere; nor could any one take up more land Within the 
town bounds, than belong to his town lot, by virtue of his purchase: No 
person, not a purchaser, to whom town lot, or lots, were given, waa permit- 
ted to sell his lot of land, separate from his house, on penalty of the sale 
being void, and the lot forfeited to the town of Burlington, to be disposed of 
therein, at the discretion of the coirimissioners : No person, thenceforth, was 
permitted, to take up any land widiout special order, from two or more 

* Th« word kwl here is found in Leaminff and Spicer's Collection, and in Smithes 
History. Sed quart whether the word ** not 'ought not to be mibstituted. 

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mSTORY OF NEW JERSEY. 71 

ooaamsuMotB for the tune being: All settlements were to be modified con- 
formably with the preceding rules : The proprietors in England, were to be 
notified, that it was necessary for the speedy settlement of the province, and 
all concerned therein, that there should be allowed taeach proprietary 3200 
acres, for the first dioice (Jirti dividend); and in case of the arrival of 
many adventurers, who purchased no land in Endaadt the commissioners 
reserved the liberty to take up as much more land, as should give to every 
proprietor, a quantity not exceeding 5200 acres, which had been allowed 
for the first settlement (dividend). But that no one should take up an^^ such 
portion of land, htft as they should settle it ; and after the 8200 should have 
been settled: All public high* ways were to be laid out at the discretion of 
the commissioners, through any lanfls, allowing the owners reasonable satis- 
&otion: All persons having taken up lands withia the first and second tenth, 
were required to present their muniments of ^tle, to certain of the commis- 
sioners, for inspection; aiHi persons thereafter tcddng up lands,, within such 
tenths were required to declare, before such commissioners, upon the pains of 
j)er|ury, that the quantity specified in their respective deeds, did really, and 
in good conscience, belong to them; upon which such commissioners might 
grant a warrant to the surveyor, eqjoining him to return such warrant and 
survey, at the next court, after survey, that the same might be registered by 
order of the court: The proprietors and purchasers, within the first and 
second tenths, had liberty to take their full proportions, as before, within 
mentioned, of the first and second choice^ provided they did not, re[^)ectively, 
take up more than five hundred acres, inone settlement. 

By the subdivision of the proprietys, it soon became difficult to ascertain 
the seime of those interested; and great detriment arising to the business of 
the province, it was resolved by tfe proprietors, on the 14th of February i 
1687, to constitute a proprietary council, consisting of eleven commissionei«y 
to be annually elccted» from among themselves ; which number Was in the 
subsequent year reduced to nine. These commissioners were empowered to 
act and plead in all such afilairs, as should concern the body of the proprie- 
tors, as fully and eficctuaHy as if every proprietor were present; and two 
shilUngs per day were allowed them as a compensation. In November, 
1668, the commissioners gave the following instructions relative to the ex- 
amination of deeds, and granting of warrants, for. taking up of lands. 1. 
That no Warrants should be granted, but upon the production of good deeds, 
authentic copies, or an extract of the record of such deed, under the regis- 
ter's hand. 2. That the deeds signed by Edwcutl Byllinge, only, before the 
year 1682, were insufiicient to sustain warrants.. 3. That there should be a 
particular warrant, for every separate deed or peurticular purchase. 4. That 
the president of the council should, firom time to time, grant warrants for the 
commissioners for the taking up their own lands. 5. That warrants, for lay- 
ing out the lands of the surveyor-general, should not be directed to him, but 
to some other person,, at the discretion of the commissioner, issuing the war- 
rant. 6. That every proprietor demanding a warrant, should engage to pay 
his proportionate share of expense of the management of the proprietary affairs. 

Under this council, the land afiairs of West Jersey have been administer- 
ed, to the present day. The right to head lands, as we have seen, ceased 
afler the first of April, 1678. From that period, all titles were derived from 
individual proprietors. Dividends wero declared from time to time, and 
carried to the credit of each proprietor, who was then at liberty to locate, or 
to sell tmlocated, the quantity appropriated to his share, wherever it could f)e 
found unsurVeyed. 

XII. The boundary between East and West Jersey, though of no political 
importance, was long a vexed, and ^1 continues an uns^tled question. The 



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72 HISTORY OF NEW JKHSEY. 

line of partition was geographicallj fixed by tbe ({oiiitipartite deed, between 
the proprietors, of the first of July, 1676, oomirmed by Act of AasemUy, 27tb 
JVfarch, 1719. But some difficulties occurjped, subsequently, in inaking the 
partition, to the understanding of which, we must take a ceview of the tiUes of 
the respective proprietors. 

The patent from Charles L to tbe Duke of York, conveyed all the oonntry 
now within the states of New York and New Jersey. The deed from the 
Duke to Berkeley and Carteret, extended New Jersey, ^^ northward as far as 
the northernmost branch of the bay, or river Delaware^ which is in 41^ 40' 
of latitude, and from thence in a straight line to Hudson's river in 41 '^ of lath 
tude.'^ Lord Berkeley conveyed his undivided tnoiety in fee to Fenwieke, in 
trust for Byllinge, and Fenwieke conveyed such moiety to Penn, Lawrie and 
Lucas, reserving a tenth to himself, which tenth he subsequently assigned to 
Eldridge and Warner, who conveyed it to Penn, Lawrie, and Lucas, the better 
to enable them, in conjunction with Byllinge, to make partition of the entire 
province with Sir George Carteret These parties by the quintipartite.deedy 
afler expressly declaring, that, the province extended northward, as &r as tbe 
northernmost branch of the river Delaware, which is in 41^ 40' latitude, de- 
termine that the line of partition shall be a straight line drawn from the most 
northerly point or boundary on the Delaware, to the most southerly point of 
the East side of Little J^ Harbpur. The confirmation of the Duke of York, 
^6th August, 1680,) to the West Jefsey proprietor, and his confirmation, 
(14th March, 1682), to the twenty*four East Jersey proprietors, reqogniae 
the northern boundary as above descuribed, and referring to the quintipartite 
deed, give the limits accordingly • , 

As the country became populous, much uneasiness was ^cited by sundry 
fruitless attempts for running the partition line, and^the uncertainty relative to 
the point at which the designated latitude would fidl. For r^^nedy whereof, 
the Act of Assembly of 1719 was passed. This^ afler recognizing the quin- 
tipartite deed, and prescribing that a straight and ditect lii^ from the most 
northerty pomt of New Jersey, on the northernmost branch of the river Dela* 
ware, to the most southerly pcnnt of a beach on Egg Harbour, should be the 
division Hne, kppcnnts commissioners to run the line and provides, that, which 
ever hoard of proprietors had appropriated lands of the eiher, should give an 
equivalent of lantb, in satisfaction, and that the then settlers should be quieted. 

Pursuant to this act, and another lor establishing the boundary line with 
the province of New York, Grovernor Hunter commissioned John Johnstone, 
and George Willocks of the eastern division, Joseph Kirkbride, and John 
Reading of the western .division, and James Alexander, surveyor-general of 
both divisions, in conjunction with commissioners from New Ywk, to discover 
and determine -which of ^e streams of Delaware id the northernmost branch 
thereof, and also the place on such brandi that lieis in latitude 41^ 40'. 
These commissioners together with Robert Walter and Isaac Hicks commis* 
sioners, and Allain Jarrat surveyor on the part of New York, after des!fi[na- 
ting the Fishkill branch, and fixing the point of latitude in the low land, in 
the Indian' town called Cosh^hton, on the east sMe of the river, executed an 
indenture tripartite, certifying the above resuH of their labours*^ After which, 
the West Jersey commissioners retired, protesting that their business was 
completed. 

The northern station point thus fixed, appears to have been recognised and 
acquiesced in by botl\ parties; yet the division, line was not run for many 
ye^Ts. But random lines were made along the whole distance of the extreme 
points, that the true line might be marked with the greater certainty and^eaae,* 
and such lines served to r^ulate futMre surveys. 

The asdgns of Carteret and Berkeley were tapecttvely entitled to a 



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HISTOaY OP NEW JERSEY. 73 

moiety of the provinoe, ai^ ' onacquainted wkh the true geography of the 
country, they imagiiied that the Hiie given in the ouintipartite deed, would 
nearly efieot their intentions ; and the idea of equality of partition seems to 
have prevailed, until about the year 1687, when its propriety was questioned 
by Dr. Daniel Coie. Under thb idea, in the year 1686 an agreement was 
made between Robert Barclay, and the proprietoris of East Jersey, and Ed- 
ward Byllinge, and the proprietors o£ West Jersey, for numing the partition 
Gne, so as to givQ «' as equal a dirisioti of the provinoe*' as was practicable. 
Pursuant to Which, Lord Neil Campbell, Governor^ and captain Andrew Ham- 
ilton, and JohnCampbdl of East Jersey, and Jolm Skene, deputy governor, 
and Samuel Jennings and others of West Jersey, all of whom were proprie- 
tors of their respective divisions, enter^ into hcmds, to stand to the award of 
John Reed and WiHiam Emley, who were appointed to determine the line, 
and who directed thai it should run from Little Egg Harbour,' N. N. W. and 
fifty minutes m<ue westerly, which was more than twelve d^rees westward 
of the quintipartite line; and was so Idtered, because the umpires as well as 
the parties to the bonds, were better acquainted with the quantity of land in 
each division, than the parties to the quintipartite deed. The line so award- 
ed, was actually run in the year 16CT, by George Keith, surveyor-general 
of East Jersey^ from the south station point, to the south branch of tl^ Rari- 
tan; and now forms the straight Hne, which in part, bounds the counties of 
Burlington, Monmouth, Mid£esez, Somenset^ and Hunterdon. This libe 
was deemed by the West Jersey proprietors to be too far west, and was^ not 
continued. 

On September 5, 1688, Governors Coxe and Barclay, entered into an 
agreement for terminating all differences concerning the deed of partition; 
stipulating that the hne run by Keith, to the south oranch of the Raritan, 
should be the boimds, so far, between the provinces, and directing the route 
by which that line should be continued for perfecting 0ie division^ But this 
agreement was never carried into eSect. 

Subsequent to the determination of the north staticm point, in 1719, several 
inefiectual attempts were made by the parties to asceitainthe line. At length, 
John Hamilton, and Andrew Johnstone^ commissioners under the Act of 1710, 
(the latter named in 1740), at the request of the eastern proprietors, in the 
year 1743, afipointed John Lawrence to run the line, pursjuant to the act of 
Assembly; winch was, accordingly, done in September ai^d October of that 
year. And this line, the Eas^ Jersey proprietors allege, has been frequently 
recognised by the West Jersey proprietors, particularly, by the issue of war* 
rants of reloaition from the year 1745, to 1765, for lands which were found 
to be east of this line; by directions mven to survey and return for the use 
of the proprietors of the fiflh dividend, the gore, or angle formed by Keith's 
and Lawrence's lines ; by numerous surveys inspected, approved and ordered 
to be recorded, which ar^ bounded by^Lawrence's line; and by other acts of 
acquiescence, entered upon their minutes.' To this line of Lawrence, the 
East Jers^ proprietors still firmly adhere!. 

The division line between the provinces of New York and New Jersey, re* 
mained long unsettled, by reason that the latitude of forty-okie degrees on 
Hudson's river, was not ascertained. From the zealous and violent preten- 
sions of the border inhabitants in the respective prorindes, such disorders 
arose, as to demand the interpositkm of their respective Le^latqres; and in 
1764, acts were passed in both provinces, referring the subject to the King. 
His Majesty appointed seven commissioners, who, meeting at New Yon 
on the 18th July, 1769, determined that, the boundary shodd be a straight 

« 8m SmithV Hist Iff. J. fp. 197, 19a 

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74 HISTORY OF NEW JERSEY. 

and direct line, not from the station point in latitude 41° 40', as fixed by the 
commission of 17l9, hut from the mouth of the Mackhackamack^ aJt tte 
junction with the Delaware, in latitude 41'' 21' 87", to the latitude of 41 "^ on 
Hudson's river. The controversy with New York, then, and subsequently 
to the year 1719, was deemed, only, to a&dt the property of the proprietors 
of East Jersey^ — ^the L^islature rejecting their application to defray any 
portion of the expense of settling the boundary Gne; and the West Jersey 
prq>rietors refusing to join in their request; alleging that their stations were 
already fixed, and must remain. 

The alteration of the boundary on the Delaware is supposed to have 
been produced by corrupt influence over the commissioners; who were all 
crown officers, and by the change, took from the proprietary government of 
New Jersey, and gave to the royal government of New York, large tracts 
of land, to be granted at its pleasure. The effect of the change was to take 
from the East Jersey proprietors, near two hundred thousand acres, and to 
produce a new disc^ussion relative to the partition between East and West 
Jersey. 

The new station point, at the'confluence of the Mackhackamack with the 
Delaware, now the mogt northerly point or haundary of the promnce, on the 
northernmost branch of the river Delaware, with a line thence to the 
station point, at Little ^g Harbour, would make a gore or angle with Law- 
rence's line, near ten miles wide in the northern part, narrowuag in proper* 
tion as it approached the point of contact, and containing about four hundred 
thousand acres. On the 25th x)f January, 1775, the West iegtsey proprietors 
assuming, that, the new northern staticm point, was the true nortli^rly boun- 
dary of the province, from which the partition line should commence, and 
altogether losing sight of the words of the quintipartite deed and its depen- 
dencies, which assigned the point on the river, in latitude 41® 40' as the 
station point, petitioned the legislature to pass a law for the final settlement 
of the said line, either in aid of the act of 1719, or by the appointment of 
comnussioners, out of the neighbouring province, for that purpose. This 
petition was refbrred to the succeeding Legislature. Qn the firet of December 
following, Daniel Coxe, president of the board of western proprietors, re- 
quested leave, on their behalf, to bring in a bill for the appointment of com- 
missioners for the same purpose, suggesting the acquiescence of the eastern 
proprietors to the mode proposed, (which acquiescence the eastern proprie- 
tors deny). Leave was granted; but the public commoticms, which soon 
after took place, prevented the execution of the measure. In October, 1782, 
the application to the Legislature was renewed ,8tating the object of the west- 
em proprietors to be, "a recompense in value of lands, from the general 
stock of the eastern proprietors^ for which purpose," they say, "they im- 
derstand and believe, it is generally known, that, certain lands, called Rama- 
poch, belonging to the general stock of the eastern* proprietors, and specially 
excepted in all the warrants of the eastern proprietors, were particularly 
allotted as an equivalent, in case the event should take place, which hath 
since happened, of the station point being fixed further eastward than was 
formerly expected." This allegation respecting the Ramapoch lands, the 
eastern proprietors, scouted as too void of truth and folindation to need com- 
ment; and resisting the application to the Assembly, contended, that the sub- 
ject was a private dispute between individuals, which should be decided by 
the courts of law or equity. The application of the western proprietors was 
rejected by the Assembly, on a vote of twenty-<me to eleven. 

Lawrence's line is now acquiesced in, by the greater part of northern 
Jersey; but is yet disputed in Monmouth county, and in the region of the 
pines, where, under West Jersey rights, great destruction of tim&r is com- 

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HteTORY OF NEW JERSEY. 75 

mitted. ; These rig^aie sought f havixig, hitiierto, been aold at &mi^ 
price than those of East Jersey. The line run by Lawrence, in SuaaeK 
county, forms the boundary between Byram and Greene, Newton and 
Greene, and Stitiiirater, and between Walpack ahd Sandistone townships; 
crossing the Delaware into Pennsylvania, about fideen nuies below the pre- 
si^t northernmost pcnnt of the stfite, it strikes the Delaware again, in the 
state of New York, near thirty miles north of the mouth of the Mackhacka- 
mack%* 

. * The authoritiBfl oh which the foregoing ttatement is made, are — 1. The several 
deeds cited :— 2. The Act of Assembly, 1719 : — 3. The petitions of the respecttrepartiet 
in 1783:-^. The minutes in the land officer of East and West Jersey:--^. Smith's 
History; and— 6. Circnhir of West Jersey proprietors, in 1795. The following statis- 
tical view is appended to the petition of die £a^ Jersey proprietors^ 1782. 

1. The angle or gpre of land which East Jersey lost in tne controyersy with New 
Torit, amonnts to about 210,006 acres. The remaimng quantity of land in New 
Jersey, beinff the whole amount of the state, is about 4,375,970 acres. 

2. Therefore supposing a line was drawn, diyidi&g dM state into" two equal half 
Mtfts^ and which would he the line of^partHlon between East and West Jersey, eoeh 
oivision would then contain about 2,1£7,985 acres. 

3. Supposing Keith|s fiito eztenlM to Delaware river, to be tiie line of partition 
between East aikd West Jersey, the quantity of land' in East Jersey would, then, be 
about 2,214,930 acres : the quantity in West Jersey 2,161,040 acres. Ai^d East Jersey 
would, then, contunr 53,890 acres more than West Jersey. ' 

4. Suppoong Lawrence's line to be the Une of partition, the ^uantiU" of land in 
West Jersey w6uld, then, be about 2,689,680 acres : the qualntuy in East Jersey, 
1,686^S90 acres. And West Jeraey wotUd, then, contain 1,003,390 aCTes more thut 
East Jersey. 

5. Supposing a line to be drawn from tiie Miwikh^ckamack » to the line of partition^ 
the quantity of land in West Jersey wouId^JQien, be alx>ut 3^19,260 acres : thequan- 
tty in East Jersey, 1^256,710 acres. And West Jersey wouM, then^ contain 1,86^,560 
acres m«re than East Jersey. 

6. Th» angle or fpxn of knd, between Keith's and Lawrence's finoj contsine about 
628,640 acres. Hie angle or gore betweeA Lawrence's liile, and ^ line to b^ drawn 
from the Maokhackamack would contain, about 4^|580 acres. 



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7» HfiSTOftY OF NEW JBRSKY. 



CHAPTER V. 

Comprifling the Administration of jLord Cornbnry. I. Arriyal of Lord Cornbniy-' 
JDemands a large and permanent Salarjr— ^being refVued, diasolyea the House.-^ 
n. A new Aaeembly choien — Part of its Members arbitrarily exclnded— Mea- 
•ores of the Goyemor.— III. Third Assembly convened — Determines to Petition 
the Queen, and to Remonstrate with the Govemor^Pnblic GrieTances — De- 
livery of the Remonstrance, by Samuel Jenninss.^— IV. Reply of the Gotemor.— ' 
V. Dispnte on the Treasurer s Accounts. — VL The Governor refuses the Mes- 
sage of the Assembly, which they enter upon their Minutes. — VJI. Tj^e West 
Jersey Proprietors, m England, address a Membrial to the Commissioners of 
Trade and Plantations, against Combury — Address of the JieutoBant-Govemor^ 
and Provincial Council, to the Queen. — VIU. The Governor unable to obtain 
the gratification of his wishes, by the Assembly, first proroguepK and then 
dissolves them. — IX. Ofifbnsive Conduct of Lord Combury. in his Government 
of New York — His Charaoter. — X. Is relootantly removed by Queen Anne- 
Imprisoned by his Creditors. 

t. Lord Combury arrived in New Jersey^ in August, 1708, and met the 
General Assembly, at Amboy, on the lOth.of the succeeding November. 
The House prepared several bills, but passed, at this session, only, the act 
prohibiting the purchase of land from the Indians, by any person except the 
proprietanes. At the next session, holden at BurUngton, in September, 1704, 
IBS lordship recommended to the L^islature, to as(5ertain by law, the rights 
of , the general proprietors to the soiC and to establish some permanent fuuid, 
for the support of the ffovermnent* A Fjiench privateer having committed 
depredations about Saikdy Hook, be, theace, took occasion, also, to require a 
muitia law, and the emotion of a watch-toiSrer, oii the Nevisink Hills. All 
these measures were beset with difficulties* The people had been accus- 
tomed to pay, as they still are, small salaries to their officers, and were little 
disposed, to gratify the wishes of hid lordship, in this respect* Those who 
claimed lancki under Indian glrants, abd held adversely to the prc^rietaries, 
resisted the irttempt. of the U^r to confirm their rights. And every military 
efibrt was repugnant to the consciences of a large portion of the inhabitants. 
After a dilatory discussion of these embarrassing topics, tiie House proposed 
a revenue of thirteen hundred pounds, per anAum, to endure for three years. 
But this sum, being far short of the governor's expectation, he requiring two 
thousand pounds, per annum, for a term of twenty years, was indigently 
rejected; and in the hope of procuriog an Assembly, more complaisant, 
he dissolved the present, and hastily commanded the election of another 
House. 

II. The people, who, in the very wantonness of freedom, had involved 
themselves in contentious strife, discovered that. they had exchanged king 
Log for king Stork. The precipitate and arbitrary meagre of the governor 
was execute^ in the spirit with which it was conceived* By corrupt efforts, 
a House was obtained, with a large proportion, but not a majority, of the 
members devoted to the governor. To obtain the entire contrd of this 
body, his lordship resolved, by the advice of his counsellors, to exclude a 
portion of its members, under the false pretence, that they were not qualified 
by the requisite quantity of estate. As the representatives appeared before 
the governor to take ihe prescribed oaths, without which, they c6uld not 
exercise their offices, he refused to administer them to Thomas Ghurdiner, 
Thomas Lambert, and Joshua Wright, distinguished. delegates firora West 



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wsftQRY (Sf/ajsw iBaexst^ n 

Joney. by whotd 6Mo to ai op > he pbtained amajcttity of .(»ie, ia t)ke House. 
Jdm Fretwell, of Burlh^gton, wae ehosen epeaker, by the casting vote of the 
clo'k, who, though nominated by the governor, was admittM by the Assen»- 
Uy, to use the faeulty of a nibn^ier. 

The House, thus oonstituted, conmlunoDted bis excellency, on conducting 
the a&irs of his government, ^ with gieftt dHigence, and ^quisite nianage- 
m/saaXi to the adminUion of his fiieods, and the envy of his.eneraies;" and 
granled him a revenue £>r the suppprt of govemmeat, d* two thousand 
pounds, for two years ; six hundred of which, were given to the lieutenant- 
governor, Colonel Ingpldsby. : Several pther acts were passed, an)png< wh]ch» 
we find one of amnesty, ibr ofl^noes during the late unsettled state of the 
province, and another establishing a militia, which, by its unnecessary seve- 
rity, gave much disquiet to the Quakers; Imt no effort was made to confirm 
the proprietary estates. Haying obtain^ all that he immediately required, 
ths governor ,acyoum»l the House, id December, to. the succeeding year, 
with many encomiums on its oaaAxxdu . 

. At the next sesmon^ however, his power over it had eeased. The rejected 
members, afler^eleven month's cbiclusion, were admitted to their seats; the 
governor having been forced, by very shiune, to recognise their qualification; 
which the title deeds of tbeir estatee had lon^ before confirmed, to every dis- 
passionate inquirer* But the oKMt mtersGitmg ol^ of lus lordship^ had 
been obtained by the settlement of the r^nrenue^ and he was content that the' 
ensting House should oentinue, though he qould entertain little hope of 
service from it, either to himself or the province. It convened again in No- 
vember, 1705» and October, ITOd, but did no bnni^sli at either semonJ* 

III. When the term of ^e teveone had expired, the convocatioti of the 
Assembly was indispensable for its renewal; but it was impracticable, by 
any means, to procure another House Ulce to the last. Few of the membeit 
of that^ which met at Burimgtcm on the 5th of April, 1707, were fiivotinMy 
disposed to the gbfvernor. "Its most active leexkrs, Samuel' Jennings, the 
speslcer, and Lewis Morris, who had been twice ei^ietled the council, ^r bis 
resistance to thb governor's measures, were amonff the most respectable 
and influential inhabitants of the- j^rovince,, intimatmy acquainted with its 
interests, and altogether adequate to sustain them. The House, therdbre, 
soon after it met, resolved itself into a comnnttee <^ the whole, with a cterk 
of its own f^ppointmoit, to consider of the public griev^mces; of which it de- 
termined to oomplain, by petition to tfa& Queen, and remoMrance to the 
goverBoar** 

In the latter, prepared, most probably, by Morris, they^express their r^ret, 
that, instead of granting to d»9 governor the revenue requn^ fWnoA them, it 
became their du^, to lay before him the uiiihappy circumstanoes of the pro** 
▼inoe, which they attributed, in some measure, to his kxiff and frequent 
absence from his government. They then proceeded to alkgo-^llMil, "he 
had obstmcted the course of justice, by Suspending, for years, the etecution 
of the sentence of death, pronounped against some women, convicted of 
murder; and that this delay <* was not ^y a very great chai^ hut that 
the Uood of the innocents cned aloud ibr vengeance^— and just Imven would 
not ^l to pour it down upon their akradv miserable country, if the guilty 
were not made to suffer according to their demerits: That, in mminal cases, 
the aocQsed were coaden^ied to me payment of costs, even wIma no bill was 
fixmd: Iliat, the sole o6See for the prc^te of wifls,toga(herwidi theses 
tary's ofiice, were holden at Burlingtcm, to the gieat inconvenience of the 
inhabitants, who dwelt in the remoter parts of tte province: That paients 

*0BiMiVNewJtiisy,M. Bee Aj^onaix, ^. 

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78 HISTORY OF NEW JERSEY. 

for tbe exclusive carriage of goods, on the road from fiuriington to Anw 
boy, had been granted for a term of years, contrary to the statute of 21 
Jac. 1, against monopolies: That fees had been established without the au- 
thority of the General Assembly: Atid ^t the governor had put the re- 
cords of the eastern division of the province into the hands of one, the pse- 
tended agept of the proprietors,** who did not reside in the province. Some 
of these grievances w^re certainly of a character to rouse public indignation, 
whilst others were, probably, more the result of circumstances, which would 
have been removed by the Legislative power, as they V^rere cj^red for con- 
^ideration. 

But there were other grievances, which the Assembly deemed of higher 
nature, and attended with worse consequences. Such were— 4he prohibition 
to the council of proprietors, to issue warrants for land in West Jersey, 
and other unauthorised interferences with proprietary rights-^the exclusion of 
the three members from the last House--and the corruption of the governor 
in receiving large sums of money for the dissolution of the first Assembly, in 
order that no act should be passed to compel the payment of proprietary qmt- 
rents, and to obtain such officers as the contributors should approve. '* This 
House,^ continues the remonstrance, <« has great reason to fcelieve, that the 
money so gathered, was given to Lord Combury, and did induce him to dis- 
solve the then Assembly, and by his own authority to keq> three roemfaeis 
out of the next Assembly, and put so many mean and mercenary men in 
office; by which OMmipt practice, men of the best estates are severely ha^ 
rassed, bier Majesty^s good subjects in this province, so mipoverished, that 
they are not able to give that support to her Majesty's government, as is de- 
sired, or as they would be otherwise inclined to: — ^And we cannot but be 
very uneasy, when we find by these n^w methods of goveamment, our lib^- 
ties and properties -so much shaken, that no man can say he is ^naster of 
either, but holds as tenant by courtesy and at will, and rn^y be stripped of 
them at pleasure. Liberty is too vahiable a thing to be easily parted with, 
and when such mean inducements procure such violent endeavours to tear it 
from Us, we must take leave to say, they have neither heads, hearts, nor 
souls, that are not moved by the miseriBs of their country, and are not for- 
ward with their, utmost power, lawfiilly to redress them." 

^ We ccmdude by advising Oie governor to consider what it is, that princi- 
pally engc^es the ao^tions d*a people^ and lie will find no other artifice need- 
fiil, than to let them be ummrfested in the enjoyment of what bdongs io^iem 
of right ,* and a wise man that despiseth not his own happiness, will earnestly 
labour to regain thefap love." 

This firee and unceremcmious remcmstranoe lost nothing of its force, in the 
ddivery by speaker Jennings. In vain did his lordship attempt. to awe his 
constant and aporited temper, by assumed airs of greatness, and by repeated 
interruption, with the cry of Mop/ whafs that? as the most oronsive 
passages ^ere read to him. Jennings, with im affectation of de^ humility, 
wh^everiintenmpted, calmly desired leave to read the passages again; toc^ 
of which, he gave additional emphasis, so that the second readiiigwa? greatly 
more ofilensive than the firstf . 

IV. The indignation of the governor, at this remonstrance, is strong pour- 
trayed, in a long circomstantml. but not very suqoessfiil, r^ly ; in which he 
denied the truth of some of its charges, and sought to justify Uie others. On 
the dread, expressed by the house, of divine vengeance fbf punishments delayed, 

^ Peter Sotunans. 

t When the Hoose had retired, Corabmy, with eome emotion, wm the hletorian 
fiMth, told those with him, that iexaoDgn had iiopadenoa enough to noe the davU* 

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HISTORY OF NEW JERSEY. 79 

he ren^ariced; **I am of opinion^ that nothing haa hindered the vengeance of 
just heaven, from falling upon this province long ago, but the infinite mercy, 
goodness, long-sufifering, and folrbearance of Almighty God; who has been 
abundantly provoked by the repeated crying sins of a perverse generation 
among us;* and more especially^ by the dangerous and abominable doctrines, 
and the wicked lives and practices of a number of people; some of whom, 
mider the pretended name of Christians, hcive dared to deny the very ea> 
sence and being of the Saviour of the world," The practice of extorting fees 
from the accused against whom no bill was found, he defended on the ground 
of established costom; admitting, however, that if the juries of the country 
were such as they ought to be; a difierent rule might be proper. 

"Bu^," he continued, "we find from woefiil experience, that there are 
many men, who have been admitted to serve upon grand and special juries, 
who have convinced the world, that they have no regard for the oaths they 
take; especially antong a so^d* people, wno^ under a pretence of conscience, 
leibse to take an oath: and yet, who,'under the cloak of a very solemn afiirm*> 
atbn, dare to commit the greatest enormities, especially, if iC be to serve a 
^* friend," as they call him; these ^re the designing men, and the vindictive 
tempers of which aH the Queen's good subjects ought to beware, and be pro- 
tected from; and these are the crying sins which will undoubtedly draw down 
the vengeance of just heaven upon this province and people, if not timely and 
seriously repented of." 

In considering the mora heinous charge of corfuptiop, the truth (^ which 
he peremptorily denies, his lordship demands ; " who would not, after such 
assertions, expect to see the governor proved guilty, either of treason or be- 
traying the trust reposed in Km, by the Queen, by depriving the subjects of 
their^ lives, their estates, or their properties ; or, at l^ist, denying them justice, 
and perverting the laws to their oppression? These, or the like crimes, 
manifestly proved, are the only things that can justify men in the acctising a 
governor of corrupt pratetice, and of shaking the liberties and properties of 
the people. But if none of these things can be proven,^ but on the contrary, 
it does appear plainly, that no one act of severity, much less of injustice or 
oppression, has been done, since the government of this province come under 
the Queen, but there has been an impartial, just, and e^ual administration of 
justk^ observed throughout the whole course of my government, and that 
many acts of mercy have been extended to persons Who deserved to be se- 
verely punished ; then what sort of creatures must these "hold accusers q>pear 
to be, in the eyes of all impartial an\l judicious men? That these are truths 
bcprond all contradiction, and which all the people of this province know, I 
do challenge you, and every one of you, to prove to the contrary. And 
though, I know very well', that there are several unquiet spirits, in the pro- 
vince, who will never be content to live quiet, under any government, but 
their own; and not long tmder that neither, as appears by their methods of 
proceeding, when the government was in the hands of the proprietaries^ 
when many of these very men, who are now the remonstrancers, were in 
authority, and used the most arbitrary and illegal methods of proceeding, 
over their feUpw subjects, that were ever heard of; yet, I am satisfied, there 
are very few men in the province, except Samue) Jennings and Lewis Morris, 
men known, neither to have good prmciples, nor good moi^s, who have 
ventured to accuse a governor of such crimes, without any proof to make 
out their accusation; but they are capable of any thing but gcJod." 
- V. New fiiel was added to this flame', already uiiextinguishable, by a dispute 
rdative to the accounts of Peter Faucdnier, the provincial treasofeiv In the 
examination of which the House found several objectionaUe items, paid upon 
the govennnr's order, merely, and wfthout vouchers, which the treasurer re- 



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69 HISTORY OF NEW JEHSBY. 

'fused to render wi&out the govemor*« conunands. Upon applkatioQ fhr 
these, his lordship replied, that, he had already ordered them; therdn ex- 
oeeding his powers; inasmuch as the Lord High Treasurer had appointed iU| 
auditor-general, for the province, who had deputed one to settle the acoounti 
of the provincial treasurer; he being responsible tody to the Lord IBA 
Treasure. His lordship pro^red to explain any articles with which Am 
Assembly were dissatisiied; but this, th^ very prq)erly, declined, as th^ 
would have sanctioned the preposterous claim of ii^respcMisibility of the pro^ 
vincid treasurer to a provincial , Assembly, for the funds of the province, 
and would have placed them still more at the mercy of their extortionate 
rulers* 

VL In the temper whidi now prevail^ ambng the officers of the state, 
there was -no prospect of joint and beneficial labour ; and the eoveiiior» 
probably, dreading a caustic rejoinder to his reply, prorogued the House on 
the 16th, to meet in the following September, at Ambcy. A subsequait 
order convened them in October, when they resolved to answer the go^ 
vemor's replication, and to raise no money unless their grievances were 
redressed ; m which case, they proposed to grant, for the support of govern- 
ment, lifleen hundred pounds. On the 28th, they informed the governor, 
that having. seen his reply m print, they were disposed to answer it, and 
requested to know, when they might present their rejoinder. He promised 
to receive them in due time; but having wailed for his message until nett 
day, and then concluding that he purposed to elude thdr requ^ they sent 
a committee with their message, which, he refusing to receive, they caused 
to bo entered on their journal. 

In this address the House reiterated and amplified their former complaints, 
and spared no opportunity to give to his excellency the retort courteous. 
Frcmi the following exampleii, the reader will, probably, agree with us, that, 
their shafts were keen, if not polidied. *' It is,'' say tlM^, ** the GeHeral 
Assembly of the province of New Jersey, that complains, and nol the Qua- 
kers, with whose persons (considered as Quakers) or meetings we have 
nothing to do ; nor are we coneemed in what your excellency says against 
them; they, perhaps, will think themselves obliged to vindicate their meet* 
ings, from the aspersions which your excellency^ so liberally, bestows upon 
them, and evince to the world how void of rashness and inconsideratioti your 
. excellency's expressions are, and how becoming it is, for the governor of a 
pitwince, to enter the lists of cbntroversy, with a people who tliought them* 
selves entitled to his protection, in the enjo3nmeiit of ueir rriigious liberties ; 
those of them who are members of tfaislfouse have begged leave, in behalf 
of themselves dnd their friends^ to tell the governor they must answer him m 
the words of Neheniiah to SanbaHat, contained in the eighth verse of the 
nxth chapter of Nehemiah; viz. There is no suck things done as ihousayesi^ 
but thoufeignest them out of thine own heart*^ 

In reply to the goveimor's boast, of the purity of his administration; they 
ask, ^^ are not his Majesty's lojral subjects hiuiled to gaols, and there lie 
without beiiig admitted to bail ? A^id those that are,*^ they contimie, ^ is not 
the condition of the recognizances, that, if your exbeUency approves not of 
their being bailed, they shall return to their prisons? Are not several of her 
Majesty's good subjects forced to abscond, and leave their habitations, being 
threatened with imprisonment, and having no hopes of receiving the benefit ^ 
the law, when your excellency's absolute will is the sole measureof it ? Has 
not one minister of the Church of England, been dra^^ed by a sheri^ from 
Burlington to Amboy, and thefje kept in custody, without assigning any iea« 
son for it, and at last hauled byforoe iato a boat, fay your exceUenej, and 
transported, like a malefactor, into another government, and there kqpt in a 



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HBSTORY OP NEW JERSEY- 81 

glurrlaoti, a prboner ; and no reaaon assigned for it» but your excellency's ^ 
pleasure? Has not another minister of the Church of England been laid 
uxider the necessity of leaving the province, from the reasonable apprehen* 
sion of the same treatment 1 Is any order of men> either sacred or civil, 
secure iu their lives, their liberties, or estates? Where these procedures will 
end, God cmly knows.** 

^^ If these, and what we have named before, be acts of mercy, gentleness, 
and good nature-^if this be the administering laws, for the protection and 
preservation of her majesty's subjects, then have we been thfe most mistaken 
men in the world, and have had the fiUsest notion of things; — calling that 
cruelty, oppresaon and injustice, which is their direct opposite, and those 
things, slavery, in^nsonments, and hardships, which are freedom, liberty, 
and ease; and must h^oeforth take France, Denmark, the Muscovian, 
Ottoman, and Eastern empires, to be the best models of gentle and happy 
government.*' 

VII. Beside these measures of resistance, iu the province, to the tisurped 
flEttthority and irregular proceedings of the governor, the West Jersey pro- 
prietors, residing in England, addressed a memorial condemnatory of his 
conduct, to the lof^a commissioners of trade and plantatk>ns; in which, they 
ezpoted at length, the Qvils lesulting firom his interference with their lands; 
The gdvemor sought to repel these attacks, by an address, from the lieuten- 
ant-governor, and his council, to the Queen. Ailer partially stating the 
diaBsaAoDs in the province, they added, ^* We are now obliged humbly to 
Mpresent to your majesty, the true cause ; which, we conceive, may lead to 
the remedy of these confusions." 

^ The first, is owing to the turbulent, factious, uneasy, and disloyal prin- 
ap\ea of two men in the Assembly, Mr. Lewis Mcnris, and Samuel Jennings, 
a Quaker; msa notoriously known to be uneasy under all government — 
men never known to be consistent witb themselves — men to whom all the 
fiu^ons and ccwfusions hi the government of New Jersey and Pennsylvania, 
for many years, are wholly owing — men that have had the confidence to 
dedare, in open coimcil, that voor maj^ty's instructions to your governors, 
in these provinces, shall not oblige or bind them, nor will they be concluded 
by them, further than they are warranted by the law, of which, also, they 
will be the judges; and this is done by them, (as we have all the reason in 
the worid to believe,) to encourage, not only this government, but also the 
rest of your governments in America, to thix^w off yoQr majesty's royal pre- 
rogative, and, consequently, to involve all your dominions, in this pfirt of the 
world, and the honest, good, and well-meaning people in them, in confusion ; 
hoping, thereby, to obtain their wicked purposes. 

" ThB remedy for all these evils, we most humbly purpose, is — that your 
majesty will most graciously please to discountenance those wicked, design- 
ing men, and show some dislike to this Assembly's proc^ings; who are 
resolved, neither to support this your majesty's ^vemment, by a revenue, 
nor take care^ deiend it, by settling a militia. The last libel, called ^The 
Re^y, ^Kc' camo out so suddenly, that as yet, we have not had time to 
answer it in all its particulars; but do assure your majesty, it is for the most 
part, fUse in fact; and in that part of it which carries any face of.truth, thev 
have been malicious and unjust in not mentioning the whole truth ; which 
wovld have fully justified my Liord Combury's just conduct."* 

It mi^t be questionable at the present day, whether the lieutenant- 
governor, and his council, did not deeogn to betray the cause they seemed to 
def^id, when they charged it as a crime upc^ the citizens of a government 

* See AppeadU, Q., for ntines of Council. 
L 

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88 HBTORY OF NEW JERSEY. 

of laws, that they pc^erred the laws, as they imdentood them, to the ia* 
structioQs of the Queen, aod would obey the latter, so far only, as they were, 
consistent with the former. But we have, here, only^ an additional instance 
of the subserviency, which the love of power and place, every where pro- 
duces* It is the law of society, if not of nature, th^ men should strengthen 
the hand that feeds them* And ordinary men, like the beast of the stall» 
lick the hand that fattens them, even for the shamUee. The daspenser of 
official &vour8, whether he be a prince or a president, will always find 
minions, ever ready to maintain his prero^tive above the law, and we are, 
therefore, not surprised, that such hoped m protecticHiy from a daughter of 
James the Second. 

VIII. Two days after Lord C!ombury hftd refused to receive the Address 
of the Assembly, he prorogued that body, to the spring of the ensuing year; 
and thus avoided the necessity of a defence, whic^ he found difficuk to sustain* 
The house met in Burlington^ on the 6th of May, 1708 ; and in the illness o£ 
Jennings, their former speaker, named Thomas Gordon to that office.* The 
governor addressed them with the customary speech; to which, they replied, 
by repetition of former grievance, and recounting -of new ones. Perceiving 
that nothing could be obtained, without the abandonment of the ground he . 
had taken^ he adjourned them, until September, to meet at Amboy,- and in 
the interval, dissolved them. 

IX* In his government of New York, the conduct of Lord C<»nbary 
was, if possible, mcnre offensive to the people, than in New Jetsey; and had 
been productive of like results, universal dissatisfaction of tbb p^le, and 
entire suspension of legislative action. His character is described as a com* 
pound of bigotry and mtoleranoe, rapacity atid prodigal^, voluptuousness, 
and crusty, and the lofli^ ^rrc^ance, with th$ meanest chicane. Whether 
firom real difibrence in sentim^t, or from n policy, which in those days was 
not uncommon, whilst his father adhered to James, the sob attached himself 
to king William, and was among the first officers who deserted to him^ on 
his landing at Torbay* Having di^ipated his substance in riot and de- 
bauchery, and being obliged to fly from his creditors, in England, he obtain- 
ed from his patron, the government of New YcR-k, which was confirmed by 
his kinswoman. Queen Anne, who added the govermnent of New Jersey. 
He first excited the odium of the people of the former province, by ^e into- 
lerance he exercised against the Presbyterians, and every other religious 
sect, except the protestant Episcopalians. Though the great body of tl^ in* 
habitants, includmg the principal families of the province, were of the former 
persuasion, he prohibited their ministers from preaching without a license 
from himself; implying, that they officiated not of right, but by \aa indulgence. 
He, m oile instance, fraudulently seized upon their church property, and 
delivered it to the Episcopal party; in another, he indicted two n^isters 
from Virginia, ni^ho preached without licejnse, for a misdemeanor; but his 
malice was defeated, by the independentse of the jury, who lefiised to con- 
vict. In every part of the province, he tendered his assistanee to th^ Epis- 
copalians, to possess- them of the churches, which other sects had built. 
Happily, his conduct in other departments of his government, by uniting all 
parties against him, sooh deprived him of the power of instigating one por- 
tion of society to harass or oppress the rest. Not content with the libwal 
grants which the Assembly had made him, for his private use, he onbexded 
large sums appropriated to the erection of public wcnrks; and unalde to sub- 
sist on his lawml emoluments, even with the addition of enormous pillage, 
he contradfed dd>ts, with every tradesman who would trust him^ and set his 

* S^e Appendix, E. 

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HISTORY OF NEW JERSEY. 88 

oredftors at deftaobe, by means of his official station. The Assembly 
proposed, in vain, to establish a body of functionaries, to control the public 
expenditure, and to account to themselves; and, with as little success, did 
they transmit remonstrances, against hiip) to the Queen.* The only imme- 
diate result of the latter, was. some private instructions to the governor. The 
proposition, to control the public disbursements, was rejected; and, when 
they inmted on a scrutiny of his accounts, he warned them not to provoke 
him, to exert ^ certain powers entmsted to him by the Queen, and to trouble 
him less about the rights of the House ; as the House possessed no rights, 
other than the grace and good pleasure of 4ier Majesty, sufiered it to enjoy.'' 
By such declaration, and a line of policy strictly conformable therewith, he 
alienated all his adherents; and when he dissolved one Assembly, for its at- 
tention to tl^ public interest, he was unable to convoke another of different 
character. At length the Assemblies refiised to vote the smallest supply for 
the public servbe^ until he diould account for all his past receipts and appli- 
cations of public money, and perform the impossible condition of refunding 
the sums ^e had embezzled. His dissolute habits and ignoble tastes and 
manners, completed and, embitter^ the disgust with which he was, now, uni- 
versally regarded; and when he was seen rambling abroad in the dress of a 
woman, the people beheld with indignation and shame, the representative of 
their soverei^ and ruler of their country. f 

Xm At length Queen Anne was compiled, in the year 1709, by the reite- 
rated and unanimous complaints of New York and New lersey, to supersede 
his comnission. No so(»ier was be deprived of office than his creditors 
threw him uato prisop. And thus degraded from an honourable station, by 
his public crimes, and deprived of libe^ by bis private vice and dishonesty, 
this kin s m a n of his Queen, remained a prisoner, for debt, in the province he 
had governed, till Ae death of his father, ekvating him to the peerage, enti- 
tled him to liberatioii* tie then returned to Europe, and died in the year 
1723.^ . 

* See Appendix. 8;^ for lefolntions <^ the Astembly of New Yoik. 
t Grahame's Col. Hist. vol. ii« 302. dmiih's New York. 

t Smith's New York, 144, 145, 146, 164. Grahame's Col. Hiat. 306. Biograph. 
Brit. 



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84 HISTORY OF NEW JERSEY. 



CHAPTER VI. 

CompriBme Events from the Remoiral of Lord Combvry to the Close of the Adminiotrfc- 
tion of Governor Hunter— 1709-1719.— I. Lord Comburv sueceeded by Lord 
Loveiace^B is conciliatory Address to the Assembly .-~n. Keady dispoeitton of the 
Hoase to provide ibr the Support of Government — Change in the Obnstitntion of 
the Assembh' — Assembly obtain a Copy of the Address of the Lieutenant Governor 
and Council, to the Queen, in favour of Lord Cornbury — Demand a hearing for 
their Defence before Uie Governor.— IIL D^ath of Lord Lovelace and, Accession 
o£ Lieutenant Governor Ingoldsby. — IV. Promptitude of the Province to aid in 
reducinfir the French Possessions xn North America. — V. Tailure of the Expedi- 
tion, and renewed Efforts of the Colonists to revive it— Visit of the Chiefs or the 
Five Nations tp England.— VL Capture of Port Royal, ^. by Colonel Nichcdsoa 
and the American Forces.:— VII.- Governor Ingofdsby removed-r-Govemment 
administered by William Pinhome ^ President of Council — succeeded bv Cro- 
vemor Hunter. — VHI. Biographical Notice of Governor Hunter. — IX. Meets 
the Assembly', which prefers Charges against Members of Council. — X. Expul- 
eion of a Member of the House lor his Conduct. in Coun<^ — ^Address to the 
Queen .-i-XI. ^illsproposed for the relief of the Quakers defeated by the Coiy^ 
cil. — XII. New Efforts for the Conquest of the French Provinces — tinfortunate 
Result. — Xni. Continued ^uiet of the Province. — XIV. Division of the Assem- 
bly. — XV. Governor Hunter returns to Europe — ^Testimonials in his favour by 
New Jersey an# New York— Exchanges his Cfommission with William Bumet. 

L Lord Cornbury was succeeded in his governments of New Yorft and 
Kew Jersey, by John, Lord: Lovdace, Baron of Htirley^ who met the council 
of the latter province, at Bergen, December 20th, 1*708, tmd a new Assem- 
bly, at Perth Amboy, in the following spring. > 

The principles which directed his administration, wjere the converse of 
those of his predecessor. He had itiore ccmfidence in the meltuDtg power of 
kindness and respect, than in that of haughtiness and reserve ; in ^e influ- 
ence of justice and frankness, than in force and ^ud, to bend the people to 
his wishes. His address to the Hou^ was full of conciliation. He assured 
them, " that he would not give them any just cause of uneasiness under Ins 
administration, and hoped they would bear with one another ; and that past 
difierences and animosities would be buried in oUivion, and the peace and 
welfeie of the country, only, would be pursued by each individual." On 
the subject of the support of government and the establishment of a militia, 
the contrast is striking between his course and that of the infatuated Corn- 
bury. Instead of peremptorily demanding « large and fiiced annuel sum, 
payable for a long period; he observed, that ^ her Majesty would not be bur- 
densome to her people ; but there being an absolute necessity, that govern- 
ment be support^, he was directed to recommend that matter to- their consi- 
deration ; that they Icnew best whcct the province could conveniently raise 
for its support, and the easiest methods of raising it ; that the making a law 
for pitting the militia on a better footing than it at present stood, with as 
much ease to the people as possible, required their consideration ; that he 
should always be ready to give his assent to whoever laws they found ne- 
cessary for promoting religion and virtue, for the encouragement of trade 
and indu3try, and discouragement of vice and profaneness, and for any other 
matter or thing, relating to the good of the province." 

II. These liberal and favourable sentiments were reciprocated by the 
House; they passed a bill, fippropriating a sum exceeding seventeen hun- 
dred pounds, for the support of government; an act for settling the mi- 
litia of the province; an act for the encouragement of the post-office; and 



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HISTpBY OP NEW JERSEY. 8§ 

an act lor expiaiiiing graoU and patents, for land, In the eastern division of 
the province*. They, also, availed themselves of the present opportunity of 
changing the constitution of the General Assembly, giving to it a more acis- 
tocmtical essence, than it received from the royal instructions. The latter 
required, that, the House should consist of two members elected by the 
housekcldtra and inhabitants of the towns of Amboy, Burlington, and 
Salem, respectively, and five members, chosen by the freeholc^rs of the re- 
flective counties. The Assembly now directed that the electors, in dl cases, 
ishould be freeholders^ and that two members should be chosen for each of 
the above mentioned towns, and two for each couhty, and that the members 
should be freeholders of that division,, for which they were, respectively, 
.elected. The fiieehold required for the elector and representative,, was that 
specified in the instructic^is, and the House was made the judge of the quali- 
ficati<Mi of Its members. This change Was induced by the proprietaries; to 
whom it was a matter of obvious and deep, mterest, that, every inhabitant 
shoald be an owner of land. 

The Assembly obtained from the governor, a copy of the address which 
the lieut^iant governor and council had made to the Queeq in favour of 
Lord CkMmbury;: and engaged him to hear their defence of the charges 
against them, in presence of the addressers, hut the latter contrived^ for a 
reason, to elude the inquiry. 

ni. The proq)ect which the province 4)ow had of a happy administration, 
in which the interests of the people were duly consult, and the officers of 
^Vermont, liberally and satisfactoniv maintained, were content with the 
emoluments 4he law conferred, was unm^pily obscured by the sudden death 
of their pqpular governor, in a few dayft aAer the passage of the above-men- 
tioned laws, and the devolvement of his power upon the hevitenant governor 
In^ldsby. 

, iV. This officer, pursuant to his instruction from the ministers of the Queen, 
laid before the Assembly their demand for aid, in an attack upon the French 
provinces in North America. The French had actively prosecuted the war 
declared against them- by England, on the 4th May, 1702, and the nordiem 
English provinces of Ainerica, had sufibred g^reatly from their incursions. In 
the preoedinir year, they had penetrated to l£iverhill, on the Merrimack river, 
and reduced the town to ashes. Upon the enti:eaty of the inhabitants of 
New England, the ministry adopted a plan proposed by Col. Vetch, for the 
conquest of Arcadia, Canada, and Nevirfbundland. An attack upon Quebec 
was to be made, by a squadron of ships carrying five regiments of regular 
troops firom England, and twelve hundred provincials, furnished by the zeal 
of Massachusetts and Rhode Island ; whilst an army of fifteen hundred men 
fipom Connecticut, New York, New Jersey, and Pennsylvania, conducted by 
Colonels Nichdso^ and Vetch, should attempt Montreal, by way of the 
lakes. The eeoterprise, however, was never prosecuted; the exigencies of 
the war in Europe requiring all the forces of the allies. The qnota of troops 
required from New Jersey, was two hundred. The Assembly entered spi- 
ritedly into the views of the ministry; passed one act appropriating thnse 
thousand pounds to aid the expedition* to be raised by the issue of Ulls of 
credit; another, for enforcing their currency, and a third for the encourage- 
ment of volunteers. The few Indian chiefs who were in the province, were 
summoned before the council, and incited to engage in the enterprise; and 
Col. Schuyler was commissioned by the governors of Connecticut, New Yoric 
and Pennsylvania, to direct the efforts of these and of the Five Nations. 

V. Upon failure ef the expedition, Qo\. Nicholson returned to England to 
solicit further assistance, talcing with him, five of the Indian sachems of 
the Five Nations, together with Col. Schuyler, whose influence over these 



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86 HIBTORY Xff NEW JHaSBY. 

wariilc^ savages was almost unbouaded. It suited the oiinistiy to ttmke an 
exhibition of these sons of the forest. The coiirt, being then in mournhig 
for the death of the prince of Denmark, ^e American kings were dressed 
in black under clothes, and their coarse and filthy Uankets were exchanged for 
rich scarlet cloth mantles, trimmed with gold. A mo^ than cmiinary solemnity 
attended the audience they had of her -Majesty; Sir Charles Cotteral con^ 
ducted them in coaches to Su Jameses ; and the L^rd Chamberlain introduced 
them into the royal presence, where the chief warrior and orator addressed 
a speech, with the <:ustomary belts of wampum, to her Majesty. . 

Yl. To th^ solicitations of Colonels Nicholson and Schuyler, the ministry 
retnrped the most favourable promises ; but their execution was so long de- 
layedy that Nicholson resolved to attack Port RD3ral, with the means at hSm 
disposal in the colonies. With twelve ships of war and twenty transports, 
having on boafd one regiment of marines, and jRmr of in&ntry, raised in 
New England, he assail^ and captured the place, imd obtained full posses- 
sion of Nova Scotia, on the 6th of October r 1 7 1 0. 

VII. Lieutenant Governor Ingoldsby was, as we have seen, justly obnox- 
ious to the people of New York and New Jersey, and their remonstrances, 
also, procured his removal soon afler the dismksion .of Combury. But 
before the arrival of another governor -appointed by thetnrown, the executive 
powers were exercised in New Jersey, by Mr- William Pinhome, one of the 
most unpopular of the council. He was, however^ very soon superseded by 
the arrival of Brigadier General Hunter, on the 14th June, 1710, with the com- 
mission of governor general of the provuk^es of New York and N<Kv Jersey. 

yill. Grovemor Hunter was a native of Scotland, and when a boy, was 
put apprentice to an apothecary. But he deserted Jiis master and entered the 
army, and being a man of wit and personal 'beauty,acquhed the a£^tions of 
Ijady Hay, whom he afterwards married. He had been nominated in the 
year 1707, lieutenant governor of Virginia, under George, Earl of Orkney; 
but having been captured by the French, iii his voyage to that cokmy, was 
carried into Prance. Upon his release, he was appointed to succeed Lord 
Lovelace. He was, unquestionably, a man of merit, since lie enjoyed the 
intimacy of Swift, Addison, and others, distinguished for sen^e and laming; 
by whose interest, it is supposed, he obtained this pipfitable place. He min- 
gled freely with the world, and was somewhat tainted by its follies; had en- 
gaging manners, blended perhaps, not unhappily, for his suc!eess in the pro- 
vince, with a dash of original vulgarity. His administration of ten yeatB^ 
duration, was <me of almost unbroken harmony, and.ocAsequently productiTe 
of scarcely aught else, worthy of historical notice. 

IX. He met the Assembly of New Jersey on the 6th of Deoember, 1710; 
to whom he dehvered a frank, soldieriy, and acceptable speech, much in the 
spirit of his predecessor LDveiaoe. The session coi^tinued more than two 
months, during which the joint labours of the governor and House of R^re- 
e^itatives were unimpeded, save by the occaskwal r^Sraetoriness of the ob- 
noxious council. This led the House, nothing lothj to the consideration of 
the charges which a majority of the present council had made to the Queen, 
against a former Assembly, whose vindication the present House assumed- 
not the less eagerly^ that . it was composed, ahnost wholly, of other indi- 
viduals.* 

They presented to governor Hunter a long memorial, in which, these 
members of council were certainly not spared. And if w^ may judge of 
their characters, from their sycophancy, no teram of rieprobation coald 
have been too strong. It was scarce possible for the minions of the most 
despotic and pr^igaie court, to flatter a monarch, more than the council 

* Smith's N. T. Smith's N. J. Se6 note T. 

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HUnrO&Y OF NEW JERSBTu 87 

of If«w Jersey did tko good Lord Lovelace, in aa addrms, ^ wliiefa," say die 
Assembly, ^'for the peculiarity of the language, (and we might add, the un* 
iatailigibleQess of the terms), ought nev^ to be forgotten.'' The address 
or^yf^ifyi*^ thus t ^* Four lordMp has noi one vtrtue or wiore, hd a com' 
pkU oeoo mpliMhmtn it cf aU ferfeetions^ &<% &c. The addiessto the Queen, 
purporting to be an act (^ the council, it appears had never been formally 
GOBsideied brfore that body, but had been prepared at the instance of Lord 
Oombury, and vilts signed by thecounseUor^ at dijSfetent times and places; and 
many of thein, afterwards, becoming ashamed of its contents, alleged thpit they 
had signed it without having read it 

In their defence, the Assembly charge upon the council an attempt to de- 
feat their endeavours, to aid the expedition agednst Canada, by conspiring to 
negative ^ acts which they proposed for that purpose. And they allege 
«ich misdeeds againstmost of the counsellors, that we are driven to believe, 
that party spirit n^ have aided much in formings the accusation. Thus 
Mr. Hall is accused of extortion, of iipprisoning and selling the queen's snb«* 
jects, and ^' of tailing up adrift several casks of flour, denying them to the 
owner, and seUing tb^n*'' — ^Mr* Sonmans of being indict for perjury, ^ from 
which, by a packM jnr)r he was cleared, there being too much reason to be^ 
lieve he was jusdy accused, and of being a bankrupt," who at this time, and 
for some yeam past, has lived in open and avowed adultery in contempt of the 
laws^ liiey allege also, that the courts of la^, in whk^h the gentlmen of 
the council were judges, instead of being a protection and security to her Afei* 
jesty's suiijects, became their chief invaders and destrQ3rers — ^That though the 
courts were holden, akemately, at Amboy and Burlington, '* yet the causes 
of one divisksn were tried in ^ other, and juries and evidences carried for 
that end;" that ^ the writ of habeas, eorpusy the undoubted right, as well as 
the great privilege of the subject, was hy William Pinhorne, Esq. second 
Judge of the Supreme Court, denied to Thomas Gordon, Esq. then speaker 
of the Assembly ; and, notwithstanding the -station, he was in, hew:as kept 
fiAoen hours a prisoner, until heapi^ied by the said Pinhome's spny^in attor- 
i|ey at law;, and then, not before, he was admitted to bail : that, many per* 
sons prosecuted upon informations, had f)een, at their excessive charge^ 
fi)rced po attend, court afler court, and not brought to trial, when there was 
no evidence to ground such informatbn en :. that, the p^ple called Quaka^, 
who are by her Majesty, achnitted to places of the most considerable trust 
within this province, are aometimes admitted to -be evidences, aa in a capital 
case, at a Court of Oyer and Terminer, holden by Chief Justice Mompesson, 
Cokmel Daniel Coxe, Cc^cmel Huddy and others, on which evidence the pri- 
soner was eondemiaed to be executed; and soUoetimes, they are refused to 
be jurors or evidences, either in dvil or criminal cases; so that their safbty 
or receiving the benefit of hen Majesty's favour, seems not to depend upon 
the laws or her direetiotts, but the hiimouTs and caprices of the gentlemen 
who virere judges of the court: ^ pei:^onS' not friends to the gentlemen 
of the council, or scKne of tl^em, were sure in any trial at law to sufier ; 
every thing was done in favour of those that were: justice was banish- 
ed, and trick and partiality substituted in its place: no man was secure 
in his liberty or estate; .but, both, subjected to the caprices of an incon- 
siderate party of men, in power, who seemed to study nothing more than 
to make them as. precarious as- possible :"-^at ** all the original copies of 
the laws, passed, in the time of the just Lord Lovelace, are somehow or 
other made away with : -Basse** ofiers to purge himself by his oath, that, he 

* Mx. JeramUh Bmw, ones depaty governor mider tbs propfietsrie* of East Jsrs^, 
«t this timo, locretaiy of itate, clerk of counoil| and prothoaotary of the Supreme 
Court. 



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88 HISTORY OF NEW JBRSEY . 

has tfaem not, nor knows any thing of them; and it may be so, for aught 
we know; but. in this pcovinoe, where he is known, it is also known, that* 
few men ever believed his common- eonversatioa, and several juries have 
revised to credit his oaths. It is certain, that the secretary's i^ce is the 
place these laws should have been." '* It does appear to have been the inte- 
rest ^f the lieutenant governor and his friends, to destroy it, (the law appro- 
priating eight hundred pounds to Ijord liovelaoe) for they had. got an aet 
passed, whKJi took from the Lord Lovelace three hundred and thirty pounds 
of that money, and gave it to the lieutenant governor , and two hund^d and 
twenty pounds more of it was given to him ibr the^ support of the govern- 
ment. Had he sent the act, made in favour of the Ijord Lovelace, to the 
Queen, for her approbation or disallowance, it would not have served him, 
had her Majesty approved of it, as, hi alt probability, she would have done; 
but had the other gone home first, there was an e:;Epectalion it might, pass, 
the Queen knowing no more about the.first act, than that a vote had passed 
in favour of the Lord Lovelace." 

"We are conpemed,'* say the Assembty in conclusion, <'we have so 
much reason to expose a number of persons combined to do New Jersey all 
the hurt that lies in their power* ' Her Majesty has been grackmsly pleased 
to remove Colonel Richard Ingoldsby, .from being lieutraoant governor, and 
we cannot, sufficiently, express our gratitude ibr so singular a ^vour, and, 
especially, for appointing, your excellency, our governor: we have all the 
reason in the wcurld to be well . assured* you will not forget that-you are her 
subject; but will take care, that justice be duly administered to the rest of 
her subjects here; which can never be ddoe while William Pinhome, Rogw 
Momp^soo, Daniel Coxe, Richard -Townley, Peter Sonmans, Hugh Huddy, 
Willimn Hall, or Jeremi^ B^sse, Esquii^es, continue in places of trust, within 
this province ; nor ^can we think oUr persons or, properties saie, while, they 
do ; but if they are con^nuedt must, with our families, desert this province, 
and seek some safer place of abode.'' 

These representations are, without ^ubt, hi^y coloured ; but there must 
have been great cause for them ; since sustained by the governor, they were 
attended with the demred efibct; all the ohnoxioMs counsellors being removed 
by the Queen. 

X. Major Sandford, one of the unfortunate counsellors, who had now been 
dected a member of the Assembly, from Bergen county, was expelled the 
House; it having resolved, ''that any one who had sign^ the Mae and 
scandalous representation of the representative body of the province, was unfit 
to sit in the House, unless he acknowledged his &n\U^ which the of^ding 
member reAised to do. An address to the Queen was, also, prepared, and 
immediately despatched. , . s - 

' XI. Since the surrender of the government, by the proprietariaB, the ad* 
ministration, of the province had been gr^itly embarrassed by the obstaclea 
created by the requisition of oaths from the Quaker inhabitants, who w^re^ 
thereby, precluded from sitting on juries, and firom exercising other offioea. 
Thb gnevance had been foreseen, and, in some degree, provided for, by the 
instruction of the ministers to Lord Combury) directing that he should, unite 
with the Assembly in passing an act, to the like efiect as that.of the seventh 
and eighth of King William, entitled, ^ An fict, that the solemn affirmation 
and declaration of the people, called Quakers, shall be accepted, instead of 
oath, in the usual form." The <£sregard of this just and prudent provision^ 
enabled the governor, Combury, at will, to admit or reject, the sendees of 
Quakers, and became one of the means by which he oppressed the people. 
The House proposed to pirovide against similar abuses, in fiiture, by two 
bills; one for ascertaining the qualification of jurors, and the other for sub- 



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HISTORY OP NEW JBRSEY. 89 

•tiftttiiig afinntitioiifl, for oaths, wbere a party was oonscientkniBly acrupu- 
Ions in taking them. But thotigh laws, for these purposes, were subsequently 
enacted, the oppo»tion of. the council, at this time, defeated the efforts of the 
Assembly. And a biH for explaining the militia law, and relieving persons 
a^rieved thereby, met a like fiite. 

All. Animated by his successes in Newfoundland, Colonel NicholscMi 
again targed upon the ministry, the reduction of Canada, which had be^ 
stroq^y recommended by the Indian chiefs, as the cmly ^lectual means of 
secunng the ncnrthem colonies* The attempt having been resolved upcm, 
caroulars weie addressed to the governors of the northern and middUe ookv^ 
nies, requiring them to meet and confer with Nicholson, and to prepare thehr 
respective quotas of men and provisions* Governor Hunter summoned the 
Assembly o£Neyir Jers^ in My, 1711 ; and informing them that the fleet 
and army destined for this. service, had arrived at Boston, demanded that 
they should provide three iHindred and sixty efl^ctive men beside ofRcers, 
together with the means for their subsistence and pay. The service was 
one which dtis, together with the northern provinces, looked uppn with 
great favour* The House^ therefore, promptly resdved to aid it, by appro- 
priating twdve thousand five hundred ounces of plate (dollars) in bills of 
credit, to h6 mxak, together with the three thousand pounds formerly appro- 
priated, by a subsequmt tax; and by measure for raising and supporting the 
requisite troops* 

But the. expedition proved most disasti^ous* Cotmiel Nicholscm, under 
whom served Colonels Scfaqyler, Whitii^ and Ingoldsby, mue^ered, at Al- 
bany, two thousand colonists, on^ thousand Grermans from the Pabtinate^ 
and one thousemd of the Five Nation Indians,- who commenced their march 
towards Canada, on the 28th o( August* The troops from Boston, consisted 
of seveml veteran regiments of the Duke of Marlborough'^ army, one bat« 
talion of mames, and two provincial t«giments; amounting to six thousand 
four hundred men, commanded by Brigadier General Hill, the brother of the 
Quel's favourite, Mrs. Masham* They sailed on board of sixty ^eight vessels, 
under convoy of Sir IkiYeden Walker, the dOthof July, and arrived off the 
St* Lawrence, on the 14th of August* In asoendmg the river^ the fleet, by tl^ 
unridlfidness of the pilots, or the obstinacy and distrust of the admiral, was 
entan^ed amid rocks and islands, on the northern shore, and ran imminent 
havaiti of total destruction* Eight transp(»rts, with eight hundred men, pe- 
rished* Upon this disaster, the squadron bore away for Cape Breton ; and the 
expedition, by the advice of a council of naval and military ofRcers, wad 
al^mdoned, on the ground of want of provisions, and the impossibility of pro- 
enring a seasonable supply. The admiral sailed directly for England, and 
the colonial forces for New England ; whilst Colonel Nicholson, thus de^ 
serted, was compelled to retreat from Fort George* The want of skill and 
finrtitude, were eminently conspicuous in the British commanders of this en- 
terprise** 

• The ministry were, generally, congtired by the Whigs for the project ©f this en- , 
terprise, and for the measures taken for its ezecation. It was never laid before Par- 
liament, though then in seenon; pn account, as it was said^ of the greater secrecy; 
Mkd ior the same reason the fleet was BOt victualled at home. They relied on New 
En^la^d for soppUes, and this defeated the design : for the ships tarried at Boston, 
until the season for attack was past. According to Lord Harley s account, the whole 
was a contrivance of Bolingbroke, Moore, and uie Ijord CbancolTor Harconrt, to cheat 
the publib of £20,000. The latter of these, was pleased to say, *' No government was 
worth Mrving, that would nQt admit of such advantageoiis j(H>a/' — SmUh*M Jfew York, 
131. From uto manner in which this and other enterprises against the possesstona of 
France, in America, were conducted, we ars almq^ prepared to agree in opinion with 

M 



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00 HISTORY OF NEW JERSEY. 

XIII. During five years, nothmg worthy of ystorical notice, oocuned in 
the prorioce. The Assembly was occasionally convened, and pkaeed such 
laws as were required. These were few and simple, relating solely to the 
internal policy of the colony; the peace of Utrecht, 81st of March, 1718, 
having put an end to hostilities between Grest Britain and France, and termi- 
nated a merciless war upon the American continent ^me leaven of the 
political spirit, which had be^i engendered during the administration df Corn- 
bury, still worked, at times, among the people, and in the Assembly. Gersham 
Mott, and Elisha Lawrence, members from Bertfen, who had been of Ckmi- 
bury's pitrty, having entered on ibe minutes of council, reasons for voting 
agamst aiding the expedition to Canada, were severally expelled the House 
m which they had become members, "for having arraigned the honour 
of the representative body of the province." T]m would seem to have 
been a party vote, scarce warranted by drcum^ances. In the interval, we 
have mentioned, one Assembly had been dissolved, by the demise of Queen 
Anne, on the Ist of August, 1714; another, by the arrival of a new com- 
missi<m to the governor, from her successor George I.; and a third, by some 
cause which is not apparent. A new Assembly was convened at Amboy, 
on the 4th of April, 1716, in which there was a temporary majority, 
against the late ruling party; and the party which had suffered for fld- 
hesion to Combury, seemed about to rc^n its ascendency. Col. Danid 
Coxe was chosen Speclker, and several of the most odious members of 
Combury's council, were members of the House. They contrived to delay 
the business o£ the session, until the governor, wearied by their procrastina- 
tion, prorogued them. 

XIV. He summoned the House again, on the 1 4di of May, when nine, cmly, 
out of twenty-four members appeared. These adjourned from day to day, for 
five days, receiving no accession to their numbers. When it became i^>pa' 
rent, that the absences, intended by deserlidn to prev^it the exercise of the 
l^islative authority, now indispensable to renew the supplies ibr the support 
ofgovemment, and to provide for the re-emission of the bills of credit, tiie 
nine applied to' the governor to enforce, by some means, the attendance of the 
absent members. He issued writs to, several of them, commanding their pre- 
sence, as they would answer the contrary at their peril. Four immediatdy 
appeared, making a majority of the House, to whom he recommended tWe 
choice of a new Speaker, (Col. Coxe being of the absentees), that they might 
decqpatch their sergeant-at-arms to ei^orce the a t t e ndance of others. Mr. John 
'Kinsey of Middlesex, was placed in the chair, and the. Assembly proceeded 

with its usual business. They also entered upon an examination of the 
conduct of the Speaker a^d his associates, all of whom they expdied, for 
contempt of authority and neglect of the service of their country ; and re- 
solved that they should not sit, if returned on a new election, during the then 
session. Several of such memborsj however, were returned; but bdng re- 
jected, the electors were compelled to choose agun. 

A subsequent session of the same House, was holden at Crosswicks,^ in 
consequence of the small pox being at Buriington, at which sixteen public and 
private bills were enaqted. The next session commenced on the 8th of April, 
1718, but continued a few days only; being adjourned by the governor, iat 
the request of the House, to the following January, a less inconvenient season 
of the year; when, also, many acts were passed; among which were, one 
for ascertaining the division line betwixt New Jersey and New York, and 

the Swedidi traveller, Kaliii, thst Greet Biitein << was not earaeetly diepoeed to drive 
that power from the continent, preferring to retain it ms a check nppn the colonisti, 
whom, they feared, would otherwi«e become powerfhl and independent" 
•October 3d, 1716. 

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fflffTOEY OP NEW JERSEt. 91 

tttiodier tbr nmnliig the UnQ between East and We«t Jersey. The commfe- 
aiooersunder the ^st act, fixed the narthern station pointy on the 25th July, 
1719, in latitude 41^ 40', in the manner we have aheady stated. But 
nothing was done underthe act«for determining the- line between the East 
and West J^RBey proprietors. 

XV;. This was the last session of the Assembly -during Governor Hunter^s 
administration. He had ^wn tired of his re^dence m America, or was 
called, thence^ by hid affiurs in Europeb* ezpreiBsing his intenticm, however, 
with his ftfajesty's permission, to return. He left Ne^ York 6n the 13th of 
July, 1719, and on his arrival at London, exchanged his government with 
William Burnet, Esq., son of the oeldnuted tol^ of that name, for his 
office of omiptroller of the customs. Perhaps none of the colonial governors 
have earned a more ejasellent or more merilbd reputation than Brigadi^ 
Hunter. > Pi^serving aXt the firmness which the dignity of his station re- 
attired, and maintaming the ro]^! authority in full vigour, he conciliated 
^ie people of both provinces,, in^ a very remarkable, d^p^e, and obtained 
from both, in the^ form of l^islative resolves, the most ^viable testimo- 
nials. X . 

The last N^w Jersey Assembly declared to him in their Address, *^ Your 
administration has been a continued series of justice and moderation, and 
firom. your past conduct, we dare assure ourselves of a continuation of it; 
and we will not be wanting in our endeavours to make suitable returns, both 
in providii^ a^ handsome support of the government, and of such a con- 
tinuation as m^y <lemoBstrate to you and the world, the i^ense we have 
of our duty and your worth." Th^ Legislature of New York addressed 
him thus-— , . . 

*^ Sir, when we reject upon your past conduct^ your just, mild, and t^d^ 
administzation, it lidghtens the- concern we have for your departure, and 
nmkes our grief such as w6rds cannot truly express. - You have governed 
well, and wuely ; like^a prudent magistrate^Mike an afiectionate parent;^ — 
and. wherever ymi go, a!nd whatever stetion the divine Providence may 
please to ass^ you, oUr sincere desires' and prayers for the happiness of 
you and yours, shall always^ attend you. We have seen many governors, 
and may see more; and as none of those who had -the honour to serve in 
your stadon, were ever so justly fixed in the afiections of the governed, so 
those to come will acquire no mean reputation, when it can be said of them, 
thdr condiMst has be^ like yours. We thankfiilly accept the honour you 
do us, in calling yourself our countryman; give us leave, then, to desire, 
that yoQ will not finget this as ^our country, and if yoa can, make haste to 
return to it But, if the service'of our sovereign' will not adimit of what we 
so earnestly desire, and his commands deny us that happiness, permit us to 
address jrou as our firiend, and. give us you^ assistance, when we are o^^ress- 
ed with an admmistration the rev^rsia of yours.'' 

Like all other men, who have been in any way remarkable for political 
success^ GovenKnr Hunter selected his associates and agents, with much 
judgment; and instead of ibreibly opposing the public will, sought, sue- 
cesdully, by gentle means, to gt^de it. & New Jersey, Colonel Lewis 
Momsy a popular ^vourite, and chief justice, was his principal adviser; and 
in New York, he was sustained by -that gentl^nian, and by Messrs. Robert 
livingston, De Lancy, and others, of hi^ character, and infiuence. The 
province of New Jersey gave him a scua^ of £600, per «umum; com- 
monly, by acts limited to two years. Th# whole expense of the govern- 
ment, about £1000,' per annum, was raised by a levy upon real and per- 
sonal estate, l^ an exdse on wines and q)ii?tuous liquors, and a duty on 



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98 HISTORY OF NEW JfiRgBY. 

the importation of Negro and Mulatto slaves— the last, laid, probably, as 
much with design to prohibit the traffic, as for the sake of revenue. The 
extraordinjary expenses, 8uch as those for the military expeditions, were met 
by bills of credit, or loans, payable trom^ the surphis of the ordinary reye-. 
nue. The debt of the province at this time, amounted to eight thoijisaiid 
pounds. 



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mSTORY OP N6W JERSEY. «3 



CHAPTER Vn. 

Cotitaininff Events ft6m the amyal of Gorernor Bttrnet, to- the Dealh of (Joveraor 
Morrii, 1719^1746.— 4. Goreraor Burnet— Nottoe of his Chanoter.— H. Meet* 
the Afifiemhly — Proceedings. — III. P«i»er Currency — an Account of its Rise and 
Progress.— iV. Bill proposed against denying the Trinity, ^.— V. Governor 
Bernard removed to Massachusetts. — VI. Is succeeded by John Mont^on^ery — 
His Administration. — VII. Death of Colonel Montgomery, and Presidency of 
Colonel Lewis Morris— Arrival of Govenior. Cosby— H^urmony of the Province 
during his Administration^— His Death.-^VIII. Presidencies of John Anderson, 
and John Hamilton, Esquires. — IX. Lewis Morris. Governor of the Province of 
New Jersey, it being separated from New York — Gratification of the Province. — 
X. He ceases to meet the Council, in Leffislation.— XI. Salaries of Officers.— 
XII. Unpc^ukr Condoet «f Governor l^Mrris.— XIII. War with Spai»— Aid 
reouired by Great Britain, from the Colonies— promptly afforded by New Jersey 
— ^Furthet disputes between the Governor and Assembly. — XIV/ Disingenuous 
Conduct of the Governor, relative to the Fee Bill. — Xv . Opposes the views of 
the' House, xm the BiU rela^veto the Paper Currency— on that, eircumscribing 
the Jurisdiction of the Supreme Court— tXVL Assembly refbae to provide fi>r the 
Sahiries of the Public Officers.— XYII. £ffi>rts at Accommodation— defeated by 
the discovery of the duplicity of the Governor— Death of Governor Morris- 
John Hamilton, Esq., President— XVIII. Biographical Notice of Governor Mor- 
ris.*-XIX. Af^lieation made by his Widow, &r arrears of Salary— refused. 

L Governor Buntet, as we have already observed, was a son of the oele> 
farated Bishop Biini9t» whoee piety and erudition, but more, especially, whose 
aeal ^nd activity, for the revolution and protestaat succession^ in Great 
Britain, hwi Teaisted hk nam^ illuatrious in English story. The son was a 
man of settse and breedii^, a well read scholar, and possessed a sprightly 
and sodal disposition, which his devotion to study restrained irom excess. 
He cherished, suooessftjlly, the arts of pbpularity*— had none of the moroeeiiess 
of the scholar, but Was gay and a&ble, avoichng all afiedtation of pomp, and 
mingled fredy with the reputable families of h^ govenuoent^ Paying great 
lUtention to the ladies, by whom h& was much admired^ His fortu^ was 
very. inconsiderable, and had been impaired by adventuring in the South 
Sea scheme; yet, he was not avaricious, nor impQvtuna^ as most colonial 
governors weie^ with the people, for a permanent jsalary.'"' His intimacy 
with Mr. Hux^r, enabled him, befc»e his arrival, properly to appredate 
both persons and things in the province, and thus to obtain many of the ad- 
vantages of experianoe. He eoonected himself closely with Mr« Lewis 
Morris, and with Dr. .Cdden, and Mr* Aleacaoder, men of learning, good 
morals, and sound judgment Mr. Hunter had recommended to him all his 
former friends; and few changes, consequently, wore made in the colonial 
offices. • 

^ II, Governor Burnet met the Assembly of New Jersey, soon after his 
arrival. The session was short, little business was done, and the House 
being soon after dissolved, writs were issued for a new eleoticm. In this 
respect, Che governor's policy, in New Jersey, difiieved from that which he 

* ^Whether an alteration in aantiinent, or'inatnKStioti, or betb« was the canae, 
moat be left to ooigectore; but vhUe governOT of Maaaaehnaetta Bay, hia conduct 
was different; thefe he inaiated for'soveral veara with the frpateat firmneaaj for an in- 
definite support, and pursued it through the plantation board, and privy council, to 
the Parliament, when hia death prevented its com^ig to a concliiaion." — Smithes Jfew 
J&rsty. * 



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04 HISrrORY OF NEW jmtSEY- 

pursued in New York; wliere he contiiiued the Asaen^y, which he fbund 
existing at bis arrival^ until the people, apprehensive that their representa- 
tives might he corrupted, hy executive &vour^ clamorously demanded a 
dissolution* 

The new Assembly met early in the spring of 1721, and chose Dr» John 
Johnson^ of. Amboy, their Speaker. "Hie House continued in being,, during 
the whole of the administration of Governor Burnet, until December, 1727 ; 
changes being made only in the Speakers; firsts oonsequent on the illness of 
Mr. Johnson, when Mr. William Trent was chosen; and again on the death 
of Mr. Trent, in 1725, when Mr. Johnson was re-elected.*' 

III. The most remarkable acts of this Assembly, were, that for the sup^ 
port of government, in which the salary of the governor was fixed for five 
years, at £50Q per annum; and that, authoriiin^ the issue of £40,000, in 
bills of credit, with the view, principally, of increasing the circulating 
medium of the colony. The country, as the preamble to this act sets forth, 
had been wholly drained of a metallK^ medium of exchange, and was without 
any means of replenishment ; inasmuch, as the neighbouring col<xiies of New 
York and Pennsylvania, to which its produce was exported, had no other 
than paper currency ; and as this was not a l^^l tender, in the payment of 
debts, in New Jersey, much vexaticm and embarrassment of trade, was pro- 
duced. The payment of taxes was occasionally made, in brok^i plate, ear- 
rinj^, and other jewels; and the law. authorized their payment in wheat. 

The expedient of paper currency had been long since resorted to by Massa- 
chusetts, New York, and South ^Carolina; but in these provbaces, its benefits 
had b6en decreased by the want of due provision for its redempti<m, and by 
oyer issues. In.Pennffylvania, the measure was introduced in 1728, by Go- 
vernor Keith, with dgnal success. New Jersey wisely adopted in the same 
year, the plan of the last, which preserved her currency from much depreda- 
tion. Yet, as from the limited nature of her trade, it was less convertible into 
gold and silver eoin, than that of the adjacent cokmies, it was, at times, at a 
mscount in Philaddphia and New York. Small amounts had ahready been 
issued to meet the expensesof the Canadian ejqpedition, but the bills on these 
occasions, were in form, treasury notes, ba^ed on the faith of the state, and 
redeemable by taxation only. 

Forty thousand pounds in such bilk, in value firotn one shilling, to three 
pounds, were issued by ihe govemm^it to borrowers, on the pledge of plate, 
or real estate, at 5 per cent per annum. Loans on plate were made for one 
year, aiyl on lands, lots, houses or other valuable improvements, for twelve 
years; the applicant deposing that the estate dfored, was held in his own 
right, and had not been conveyed to him for the purpose of raiding m^aey on 
kan for others; and that it was free firom all incumbrance. The amount 
loaned to fmy individual was not less than twelve pounds ten shillings, nor 
more than one hundred pounds, unless there remained chills m the hands 
of the commissioner, six 9i(mths after issue; when two hundred pounds 
might be loaned, to be repaid in tw^ve annual Instahnents, with the in* 
teiest; or the whole, at any time, jbX the pleasure of the borrower. In de- 
^It of payment, for thirty days after any instalment became due, the mortr 
gage was to be foreck)eed. AU bills thus paid in, were to be destroyed, or 
whcsnprematurdy paid in, to be foaned to others. The whole sum was sp^ 
cifica% apportioned to the counties, in which, loan-offices were established, 
under conumssioners named in the act, and created a body politic. The 
bills were made current for twe^ years; were a legal tender in payment 
of all debts and contracts, under penalty of extinction of the debt, or a fine 

• • See Appendix, U. 

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HKrTQRY OF NEW JERSEY. 95 

Ssxt Te&maly of not lees than thirty shiDuigs, nof more, than fifty pounds, as 
t)ie case might be* Forg^ of the biUs was made felony, an4 punishaUe 
with death. If, itt the. expiration of the term, for which they were made 
current, any portion of the amoubt, respectively, allotted to the counties re- 
mained unpaid, the county became ie^x>nsible for it. 

For the better credit, and soon^ smlung of these bills, and for the additional 
support of the government, a tax of one thousand pounds a year, was imposed 
for ten years. Four thousand pounds of the product were ^^prop^iated to 
the red^ption of the bills of ciediv formerly issued; and the interest on the 
money loaned und^ the act was apf^ied to the sinking of bills, thereby 
issued,' and aa the interest and principal of the sums loaned, when paid in, 
would much tooie than pay the bills, the-balance was devbted to the support 
of the government, in such manner as the governor, council, and General Asr 
sembly might direct. 

In 1730, another act added twenty thousand pounds to this medium, 
which were made current for sixteen years; and in. 1733, the act of 1723^ 
for the issue of forty thousand pounds was renewed; the amounts being 
loaned upon the *same principles as under the first act, and kept in circula- 
tion by re-issues^ «uid subsequent issues of such sums as were necessary 
to suf^y the place of torn bills. All these issues were fuliy and duly 
redeemed. 

An additional and floating debt' was subsequently contracted by the issue o^ 
IhUs, from time to time, to dsfray the war requisitions of the British ministry, 
and.otlier exigencies. This debt bore heavily, upon the province, as it was 
payable solely by taxation; and the Legiiriature freiquently sought relief by the 
isstie of new bills, Jthe interest of which would supply the means of ordmary 
expenditure, and was cheerfully paid by the enterprising and industrious bor- 
rower, who reo^ved an adequifte consideration. But the English ministry, 
for many years, could not be prevailed upon to assent to this measure. At 
one period, they reluctantly consented to the framing a bill for the issue of 
sixty thousand pounds,, with condition that it should receive the sanction of 
Hbe King; but when t^ bill had passed the colonial Legislaiure, that sanction 
was refused. The governors were uniformly instruct^ to pass no such act, 
unless with a clause suspending its operation, tmtil confirmed by the crown. 
In 1758, a second bill for six^y thousand pounds w;as sent /or the royal ap- 
probation, which was rejected by the board of trade on three grounds, which 
obstructed the passage of every other bill of this character. 1st, That the 
Assembly reserved to itself, not only a partidpation with the governor and 
council, in the disposal of the m^oey granted by the bill for his Majesty's 
service; but, also, the right to judge of the proprie^ of its application. 2d, 
That the surplus of interest from loans, after paying a.speciftc grant to the 
crown, was appropriated to the redemption of bills before omitted, in lieu o£ 
taxes; aqd 3d, TW the bills of credit were made a legal tender, in payment 
of all debts and contracts. Without these conditions, the inhabitants of the 
province did not doem the currency worth having, and with them, it could 
not be obtained; so that no other money bills were issued for a long period, 
unless based <m taxes that would redeem them in five years. 

Sound pdicy certainly required that the paper currency should be kept 
within narrow bounds, lest ofer issues should embarrass the commerce of the 
oountry with the parent state, But this danger could scarce be dreaded from 
the small amount required by New Jersey, and we must look to other causes 
for the pertinacious refusals of the crown. - These we slmll, probably, find in 
4he independence which the colony acquired by a oertam and easy revenue, 
which it as pertinaciously resolved to keep within its own control. Repeat- 
ed attempts were m^, by the cdonial liegislature, to bend the will of the 



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06 fflSTORY OF NEW JERE^^ 

King, bot always wi&oiitmK9ceB8,antflt)ie 90th of Pefar^ wh^nn 

act-passed March lltfa, 1774, near the dose of tile adrouuBtratioii of Grover- 
nor Franklin^ aii^orizing the issue on loan of one hundred thousand-pounds, 
and divested of all the objectional features, was confirmed by the King in 
council. 

At one period the bills of New Jersey were at a discount of sixteen per 
cent, in exchange forthe bills of New Yortc, and, consequently, all contracts, 
ea&pocially, in fiSst Jersey, were based upon the New York currency. The 
Assembly, with too niuch< disr^ard fer justice, dirBcted, that all such con- 
tracts should be discharged, by payment of their nominal value in Jersey 
bills. 

IV. Among the acts proposed at the session of the Assembly^ in 1721, 
was one beanng the singular title, *^ An act agaiUut den^ng the Diimii^ 
(four Saviour Jems Christy the doctrine of the blessed Trviityy the tnOk 
of the Holy Scnpturesy and spreading Atheistical books J** <' Assemblies 
in the colonies,*' says Smith, " have rarely troubled thonsehres with these 
subjects. It, probably, arose from the governor's motion, who had a turn 
that way, and had, himself, wrote a book, to unfold soone part of- the apoca- 
lypse." The bill, however, was rejected, on the second reading, in the As- 
sembly. 

v. After a harmonious administration, of nearly seven years, Grovemor 
Kimet was removed, much against his will, to the government of Massa^ 
chusetts Bay. His marriage, in New, York,'had connected him with a nu« 
merous family there; and, besides, an universal -acquaintance, he had con* 
tracted with several gentlenten, a strict intimacy and frietidship. The great 
merit of his administration consisted, in his effectual ex^tions to dinmiish 
the trade of the French with the northern Indians, afid to qbtain it for 
his countr3nfnen ; and in the erection of forts, and other means, establishing 
the English influence oVer the savages* These wore benefits, however, 
not immecBately obvious to the ptibUc sense; and some contests with the 
Assembly of New York, caused by private dissatis&ctioii, deprived him of 
that popularity, which his general condnct merited. 

^ Ins^Mible of his services, the undistinguishing multitude were taught to 
consider his removal as a fortunate •ev^iit; and .until the ambitious deigns 
of the French monarch, with respect to America, awakened attention to the 
general welfare, Mr. Burnet's administrdtion was as little esteemed as the 
meanest of his predecessors.''^ 

<< The excessive love of mcmey, a disease oommon to most of his predeces- 
sors, and to some who succeeded him, was a vioo^from which be was entirdy 
free. He sotd no offices, not attempted to raise a fortune by indirect means; 
for he lived generously, and carried scarce any thing away with him, but 
his books. These, and the conversation of nten of .letters, were to him inex* 
haustible sources of delight. His astronomical observations were useful ; but 
by his comment on the apocalypse, he exposed himself, as other learned 
men have done, to the criticism of those who have not ability to write half 

so well.'t 

VI. John Montgomery, his successor, received from him the seals ofthe 
provinces of New Yofk and New Jersey, on the 16th of April, 1728. Colo- 
nel Montgomery was a Scotch gentleman, bred a sokhw, but who, ill the 
latter years of his life, had been grocHxi of the bed chamber to his Majesty, 
George the Second, before his accession ib the throne. This statk)n, and a 
seat in Pariiameiit, had paved his way to preferment in America. Good 
natured, unenterprising, and fond of his ease, his short adnunistration of 

• Smith'B New York, 178. ♦ Ibid. 173. 

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BIBTCttY OF NBW JBR8BY. 07 

Ihre^yean, b immnked wiA any eYenl of histoical inteieit. In 1727, 
before the depetrture of Govemor Burnet, a new Aaeembly had been elected* 
With settled salaries, and the means for supped of goyemment provided for 
years, the governors had few inducements to invite freqoent seseicAis of the 
House. Nearly three years had dapsed between the rising of tbe last, an4 
the convod^ion of the present Assembly; and in dread th^ their meetings 
might be even longer dispensed with, they passed an act providing, that, a 
G^eral Assembly should be holden once in three years, at the. lecurt, altar* 
,nately,atBarlingtonandAroboy; and lest, by long continuance in office, the 
members should be improperly influenced by the executive, or cea^ to rep 
inember their responsibility to, and dependence upon« the people, it was further 
directed^ that, a new Assembly should be thencefbrth chosen, triennially, and 
that the term of the present should expire on the 25th of October, 1727. By 
this act, the province gained a partial security for popular rights. And by 
another, it was relieved from the monstrous grievance of the practice^ und^ 
which the courts, compelled parties acquitted up<m indictment, to pay costs 
of prosecution**' 

VU. Upon the death of Colonel Montgomery, on the 1st of July, 1731, 
the government devdved on Colonel Lewis Morris^ until the 1st of August, 
17^; when William Cosby, Esq. arrived, -with the commissicm of governor 
of New York and New Jersey. He held these offices until his death, in 1786. 
His administraticm in New York was signalized by long and obstinate con- 
tests with the Assembly. Some .diflerences, appear, luso, to have arisen, 
between him and the Araembly of New Jersey; the latter complaining, that, 
the council was filled with members firom New York ; and the former, that, 
his maintenance had not been provided for, during a long protracted ^lession. 
With this exertion, the harmony, which had long prevailed, betwemi the 
governors and Assemblies of this province, was unmterrupted during his 
administrationii 

VIII. The executive power, on the demise of Gk)vemor Cosby, devolved, 
first, on the president of the coimcil, John Anderson, Esq., and on his death, 

• about two weeks afterwards, upon John I&unilten, Esq., son of Andrew Ha* 
milton, governor in the time of the proprietaries; who exercised it for nearly 
two years, and until superseded by the appointment of Lewis Morris, by tlie 
crown. 

IX. The provinces of New Ydric and New Jersey, although wholly inde- 
pendent of each other, had, uniformly, been gpven^ by the same officer, 
since the surrender of the, proprietary governments of the latter; unless for 
short periods, when the government was administered by the presidents of 
their respective councils. Yet, New Jersey, the smaller and less important 
territory, was treated, almost, as a dependency of her greater neighbours 
The governor, attracted by the pleasures, and enchained by the business 
of the city, spent a small portion of his time in New Jersey. Ilie chid* 
officers of state were taken from New York, or upon their appcHntment, 
removed thither. Thus, Mr. Alexander, the secretary of New Jersey, was a 
distinguished practitioner of law of New York, and Mr. Morris held Uie office 
of duef justice in both colonies; and hence, the executive and judicial duties, 
were fulfijUed with much difficulty, and firequently, with vexatious delays. 
At their January session, 1728, the Assembly of New Jersey, petitioned the 
King, that when he should shink proper to remove the then incumbent go- 
vernor, Montgomery, he woukl separate the governments^ and appoint acUs- 
tinct governor for each colony. The application had been in the colonial 
c^Sce, probably, disregarded, for several years, when Mr. Morris obtained 

* 0e9 Appendix, note V, for the oamea of the ipemben of council, in 1727. 

N 



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98 HISTORY OF N£W JERSEY. 

its condderation. The lords of trade nfoitod ALrcmMy upon it to tbe 
privy ooiuicU, and Mr. Morris was so fortunale, as to reoeire for himself, the 
commissioii of governor of New Jersey, in severalty* 

This appointment was highly satis&ctory to the peGpte, as wdi, beoanae 
)he duty of the governor would be, ezchmvely, confined to tke 4X>lony, as 
that the officer was greatly esteemed by them. To the Assembly, whidi 
he first met, a^ his. elevation, on the 27th of October, 1788, he addressed 
a long speech, in which he toc^ fiiU credit for the services ho had rendered 
in separating the governments, and did not leave unnoticed nor unpraised, 
the qualities he possesse^l for his station* His self-apphuise was echoed by 
the House. " We are," said they, " more deeply sensible ofour sovereign's 
cane of us, when we consider, how exactly he has adapted the person to 
preside, to the nature and circumstances of this province:— « p^son who 
has been kmg distinguished and highly preferred for his profound ktiowledge 
of the law, and in that station has behaved, for a long tract of years, vrSk 
great candour and strict impartiality ;-•'« person well known to ourselves, to 
be eminent for his skill in af&irs of goieemment,. which we, more than once, 
have had experience of; and from his knowledge of the nature and constitu- 
tion of this province, and oth^ advantages of learning, if his inclinations 
and endeavours to promote our welfare bear any proportion to his abilities, 
(which we have no reason to doubt) every way qualified to i^ender us a 
happy and flourishing people." 

A.' '* And we cannot," they continue, '^but observe with pleasure and 
thankfulness, your excellency's candour mid justice, in introducing among 
us, iti some measure, that noble economy so happily maintained in the Legis- 
lature ofour glorious moth^ country, by fixing the g^i^men of the councS 
as a separate and distinct part of the Legislature; for all former govenMMTS 
have presided in that House, in a legislative capacity, whieh, not only very 
much influenced their debates, but oflen produced very bad eflbcts, ana 
greatly thwarted and obstructed the despatch of public btmness*" 

This arrangem^it was certainly wise on the part of the govemOT* By it 
he relinquished no power, nnce his right of absolute negative upon all bills 
was not imp^red; but he avoided nmeh trouble, and maintained more secure- 
ly, the dignity of his office, which, in the debates of a legislative council, 
must oflen have been in danger* 

XI. With such favourable sentimeBts, and with ft^U reminiscence of their 
professions of ability, to maintain an exclusive governor, the House pro» 
ceeded, with cheerfulness, to appropriate ^re hundred pounds, as a oompen-^ 
sation to Mr. Morris, for his expense and labour in procuring a separation of 
the governments, and one thousand pounds per annum, for three -years, f(^ 
his salary; together with sixty. pounds a year for his house rent. They, at 
the same time, voted one hundred and fifly pounds per annum tothe cUaf 
justice ; forty pounds to the second judge; forty pounds to the treasurers of 
East a^ West Jersey, respectively; t^rty pounds fo the clerk of council; 
twenty pounds to each of the clerks of tfie circuits, and eighty pounds to- their 
agent in Great Britain, whom they had a short time before appointed. 

Unhappily, this cood umierstanding did not long -continues The governor 
whose ardent, resUess, and persevering temper, when engaged on the paiC 
of the people, had ^ned him great pc^larity, was iiow as little disposed to 
yield his lightest opinic^s to their wishes, as he formerly had been, to sub- 
mit to the executive will. And such was the estimate of his own moritB, 
that, although, he had now received double the salary allowed to former go- 
vernors, and a considerable gratuity, he informed the Assembly that he 
accepted their grants only as an earnest of what he expected and deserved: 
and he wantonly forbade the treasurer to pay them their wages, although 



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HISTORY OP NEW JERSEY. 99 

' dofy granted, and oefti&ed aceofding to law. Flattered by thei deference, 
which had hitherto beei^ paid him, and confident in his political skill and 
^cperience, which he held to be, incomparably, greater than that, of any 
other person in hi^ province, he was surprised and ofiended, at the presump- 
tion of the. Assembly, when it proposed measures which he did not a{)prove, 
and attained ends which he himself sought, by some unimportant variation 
from the path he indicated* Passionately fond of argumentation, his addresses 
ta the House werey at times, political lectures, delivered with ail the aics of 
superiority, which he supposed his station, and l^reater intellect warranted ; 
and at other times, revilings, alike unworthy oC him and the House. He 
rejected several iitportant bills, passed by. the Assembly, and to their com- 
plaints of the inexpediency of this conduct^ objected his power, as a condti- 
tueot portion of the Legislature to exercise his veto, without question ; whilst 
he denied, practically, to the House, a similar right. And thus, although he 
proposed no tyrannical or unlawful measures, he defeated, by his opinionated 
ob^inacy, several beneficial b^; harassec^the Legislature by repeated ad« 
joumments, prorogations, and dissolutions ; and became, with the exception of 
Combury, the most obD^oxious goveriKM: who had, in this province, held a coni- 
BUssion under the crown. During the early years of his administration, few 
instances of this cwptipas temper occur. The most memorable one, was in 
granting aid to a military expedition agunst the Spanish West Indies. 

XII. A misunderstanding had ariMn, in the year 17^7, betwejsn Gteat 
Britain and Spaib^ on -account of injurteer alleged to have been done, to the 
English Ic^ood cotters at Cbnpeadiy, and' salt gatherers at Tortugas. 
Tub Spaniards, wt only denied them the privileges they exei^cised, but 
cjaimed, and used with insol^oe and cmalty, the right to search English 
yesselsy ibr pontraband goods; of which, large quantities wens introduced 
into their cokmies* Open war was, for a while^ delayed, by a convention, 
aKtverady unpopular in Eni^and, concluded in January, 1738; but whk^h, 
not having been observed by Spain, letters of marque and reprisah were 
issued by Great Biitain« and geeera) preparatkins were made for war; 
which was finaUy^deehuredy on the 28d of Octobw, 1799. A fleet, under 
Admiral Vemoa, hating cm board a body of troops, under Charles, Lord 
Cathcart, was despatch^ against the Spanish islands, and aid* was required 
from the several British oolooies. 

The provinee of New Jersey showed the same alacrity, upon this, as upon 
other like occasions ; promptly passing a biU for raising, transporting, and 
victualling her quota of troops; but, some of its detaib were uhsatismctory 
to Governor Morns, and be delayed his assent to the bill. Having despatch- 
ed all other business. bafhre them, the House b^ed his excellency, to in* 
form them, when he- would perftnt them to return to their homes. To this 
reasonable reqnesit, he sall«[ily relied, << When I think fit;'^ and he kept 
the representatives of the people, hanging upon his will, from day to day, 
from the 25th to the 81st of July, before he sanctioned their bills, and pro* 
lomied them. 

aIII. This treatment, justly, gaver ofience, which was heightened by his 
refusal at subsequ^t sesnons, to concur in several bills deemed essential to 
the itel&re of the province, by the Ifouse; and by his pertinacious demand 
for some unw^eleoroe modification of the existing militia law. The fees* of 
the various officers of the colony ware not prescribed by law, but regulaled 
bgr tiie governor and counoil; and were, fW^paently,' excMrbitant and oppres- 
sm* A &ebill wad, at length, proposed by the Assembly, but bng resisted by 
the council and govemtxr, attd finally passed, on the 2l8t of October, 1748, 
wkh a clause auftpeiidmg ita opention, until hb Modesty's pleasure in rela* 
iSoB tliarato, shoUM be knows* When the sense of the several branohea 



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100 HISTORt OF NEW JERSEY. 

of the Legislature, had thus been obtained, the Assembly, reiry ristionatly, 
inferred, that the inchoate law supplied a more satisfactory nie, than the 
will of the executive; and on the 5th of December, resolved, that, it ought to 
have due weight with the judges and all others concerned, and, to govern 
their practice, until the royal pleasure should be declared. This expression 
of opinion, awakened the indignation of the govtoior, who sternly demand- 
ed, " By what authority the House ordered an act, not in force, to be printed 
as a rule for the government of the people?— or indeed, any act? And that, 
if they had, or pretended to have, such authority, they would let him know 
whence they derived it, and how they came by it, that his Majesty might be 
informed of it.** In reply to these queries, the House resolved, " That as 
they had only given their opinion of an act, which had parsed the three 
branches of the Legislature here, and had not assumed to themselves, any 
unwarrantable authority, they think themselves nbt accountable for that 
opinion ; and that it is not consistent with the honour and dignity of the 
House, and the trust reposed in them, -to give any further answer." And 
though the governor prohibited them Mm printing the act, it was published 
with votes of the Assembly. Notwithstanding the governor had sanctioned 
the law, and thereby concurred in opinion, with the Assembly, and the peo- 
ple, in the adequacy of the fees which it proscribed, he, with great duplicity, 
represented to the ministry, that they were so inconsiderable, Smt no persons 
of character or reputation, oared to accept of employments, in the several 
courts of judicature ; and the refusal of the royal assent to the bill, was 
delayed, only, by the exertions of Richard Partridge, Esq., the provincial 
agent, at court. 

XIV. There were three other me&sures which the people were desirous to 
effect. 1st. Hie renewal of the act, making current forty thousand pounds, 
in bills of credit, which was approaching its term; 2d. An act to oblige the 
several sheriff of the colcmy, to give security for the feithfol performance of 
their duties, which had become highly necessary, from the improvident ap- 
pointinents of the executive; and, dd. An act to prevent actions for small 
amounts, in the Supreme Court. All of which, whilst productive of the 
public weal, would impair the influence, and lessen the power, of the go- 
vernor. 

The mterest on the bills of credit, loaned, as we have ahready observed, 
supplied the treasury with ample fimds, for the support of government, with- 
out resort .to taxation, unless upon special occasions, and rendered the As- 
sembly in a measure independent of the governor. A clause in the act made 
a general appropriation of the interest to the support of government, but as 
special acts were, from time to time, requisite to allot to the several officers, 
such portions as the Assembly deemed proper, the amount and duration of 
their salaries, depended on the pleasure of the Assembly. A full treasury, 
beyond the control of the executive^ was reprobated as a mean of strength- 
ening the people, both by the governors in America, and the ministers of the 
crown; and both desired, that specific and exhausting appropriations, should 
be made of the revenue, by the act which created it, which would, besides 
stripping the Assembly of its power, make the executive independent of its 
pleasure, for the term assigned, to the mirrency of the bills. In a word, the 
executive department was indisposed to continuie an acknowledged benefit to 
the people, unless itrecttved, m pa3rment, what it deemed its full value. 

Under the pretence, tiierefote, that the colonial bills of credit had been in- 
jurious to English commerce, the royal instructions forbade the respective 
governors to assent to any act, for issuing such bills, without a clause sus- 
pending its effect, until the act kad been approved by the King. But, this 
prohibition having been diar^jwded, a bill was, about this time, introduced 



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HISTORY OP NEW JERSEY. 101 

into ParKament, making it unlawful for any governor, to assent to any act, 
Whereby paper bills of credit should be nutde, or the time limited, for the 
sinking of them, protracted ; and requiring, that all subsisting bills, should 
be sunk apd destroyed, according to the tenor of the acts creating them. 
The Assembly of New Jersey prepared their bill, with the suspending 
clause, yet the governor refused to sanction it, or more properly speaking, 
influenced the council to refuse their concurrence; whilst he remonstrated 
with the House, on the unseasonaUeness of their bill, pending that before 
Parliament. The true cause of, his exposition, was, that me Assembly 
would not fix the salaries of the officers, for a term concurrent with that ot 
the bills. 

The refusal of the governor and council to confine the junsdicticHi of the 
Supreme Court, to actions in which the sum demanded exceeded fifteen 
pounds, had as^fishness so naiked, that they should have blushed to observe it. 
The c6mpensation of the justices was partly dependent upon fees; hence, it 
became, indeed, the part of a judge to enlarge his jurisdiction,* to protract 
the pleadings, and to increase litigation. The chief justice, Robert Hunter 
Morris, son of the governor, w^s a member of council, and his fees would, 
obviously, be diminished by the limitation* 

XV. Justly irritated by these scarce gauze^overed attempts, to make the 
commonwealth a productive estate, regardless of the public weal, tiie Ass^n- 
bly resolved, to apply for defence, to the passion that oppressed them; and 
by withholdhig the salaries of the officers, to make them feel, that, even in a 
pecuniary point of view, oHicession to the popular will would be more profit- 
able than resistance. Between October, 1749, and April, 1745, three houses 
had been dissolved by the governor; each of which had given him distinctiy 
to tmderstand, that, they would pass no act for the support of government, 
unless, concurrentiy, with the Ulb above-mentioned. In oooffldering this 
ofi^, the governor in his address to the House, sitting at Amboy, in April, 
1745, observed — 

*^ The kings of England have, firom time to time, immemorial, refiiaed 
their assent to many hUla passed by both Lords and Commons, without as- 
signing any reason for their so doing; and so have the Lords to bills passed 
by the Commons, though perhaps not so oftea; and if it may be lawful to 
(Compare small things with great, should the House of Commons deinr to 
support the govemmant, and assign these refbsala as a reason for tndr 
denial, as is £me here, and appeal to the populace upon it; or, in an address, 
propose to the King to pass their bills' previous to their granting the support 
of government, could it bear a milder construction, than an attempt to alter 
the constitution? And is it less so here? 

** I brieve, with some reason, that the House was ashamed of that ridicu*^ 
lous proposal of passing their bills, previous to their granting the support of 
government; and was willing for their sakes to fbmt it; and let it drop into 
the oblivion it deserved; but, since the late House have thought fit to m^i- 
tion it, on the particular occasicm they have done, I shall say a few words to 
it. Ajid, first, it is known to all, and theinsdves, in particular; that the 
money in the treasury is appointed for the support of government, and ap- 
propriated fbr that purpose f and all that they have to do in it is, to agree 
with the council and myself, what quantity of it should be applied to that 
use ; and the council could, with equal prq>riety, have made the same pro* 
posal, to pass their bills, that is, the Ixlls of the proposers, previous to their 
granting theii->support. I thought, that, what I had said, when that pioposat 

* *< Bam9 €tt judUfii wmfUwf jurt»iktiamem,^*-^ljkir maxim. 



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lOa HISTORY OP NBW JBBSEY. 

vm» made, and the bills I thea passed, left no room for tL second mentioQ of 
it; but since they have done it,4>n the occasion, they did» and thereby seem 
to insinuate to the populace, that my passing of their bills, is a <^£»Mlition on 
my part, to be comphed with, before they will agiee to the support c^ the 
government, I take leave to say, that what they call a proposal, I esteem a 
most unmannerly threat, that, they would not support the government at all, 
unless I passed all their bills, before they did it; and then would support it, 
as they thought fit: To .which, I say, that I will assent to none of the bills 
passed by thd Assembly, unless first assented to by the councii, and I ap- 
prove them : But not even then— if I thipk such not very neoessiary , unless 
sufficient provision be made for the support of the government, previoitt to 
tl^ parsing of any bill, by me* And this, gentlemen, I diesire you to take 
notice of^ and govern yourselves accordingly." 

To this assertion of the governor's determination, the House, anumg other 
things, replied. '* As we met your excellency at this time, determined, as 
in duty to his Mf^jesty, we are bound, to suppcurt his government, so we enier- 
tained hopes that we might at least, h^ve been encouraged to proceed in pre* 
paring some IhIIs we thmk very necessary, and much wanted by the pec^e, 
whom we represent. But, since your excellency hath been pleased to assure 
us, that you will assent to none of the bills, passed by the Assembly, unless 
first assented to by the council, and you approve of them; but not even then, 
if you think such bill not very necessary, unless a sufficient provision be 
made for the support of government) previous to the passing of atiy bill by 
you; and this you have recommended to our particular notice, to govern our* 
adves accordingly, it gives us some ccMicem to be thus almo^, peremptorily, 
]»ecluded ^pom proposing su^ bills as we should think very necessaryi but 
we know this is a power, your excellency can make use of, to check our 
proceedings* We shall, theiefore, acoqrcUng to your prescription, dofer such 
bills until scxne moiefiivoa]raUe opp(»tunity, when rea^n and argument may 
have greater influence.^ 

Urged by the neoes»ty, so far as it regarded the carown, of preserving, at 
least, the appearance of providing for the support of government, the House 
presented to the ffovemor and council, a bill for granting less than half the 
usual 9ttns, whicA waa of course rented. 

At length, aftctr several adjoununeota, and more than a year's delay, the 
AmimlAj declared, "^ that notwithstanding all the foregoing treatment, they 
were still ibnd.of an aecommodation, and solicitad his excellency for two or 
three laws which the country have very much at heart; and they informed 
him, that they would willingly support the government with salaries aa 
large as had been given dunng his administration, on condition, that they 
ooold obtain those acts that would eneUe them to do it ta a manner they 
could approve of, — but this could not be done. They therefore begged leave 
m be phdn with his excdlency, and hoped that he would not take it amiss, 
tkU'th^ are so; they are now willing (if his excelle^y and epuncil think 
fil,) to pass the bills which they passed at the last meeting over again, but as 
tbfiy are discouraged fnun giving so large a support, as they would^wilUnely 
l«.ve dime, they are determmed to as^^t to no loiter applications, than what 
■I the late meetiBg they assented to, until they can bave an assurance- of 
obtaining some acts they think they have a right to^ and v^ry necessary 
teenaUe the colony so to do." From this determination, the House did not 
depart^ and the govemor equally unyielding, though in very bad health, 
nroregued them bom time to time, twice to Tienton, that they might be near 
his residence of Kingsbury; and, at length, afler another year, of firuitless 
altercation, diewlved than. 



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HffirrOBY OF NBW JBSSEY. 106 

XVl^ Bptt,theiq)pedtothepoople9b7tliecoim)catkmofaiie^ 
did not relieve the govenKur* The constituents of the Punier Houm dniver* 
«dly approved theur conduct, and the same members were re-elected, two 
• only excepted* The governor's infirmities increasing, the -Assembly met at 
Trenton, on the 26th of February, 1746. Both parties had now become 
hoBurtily weary of the unprofitable contention, and were disposed to unite by 
sBcrifidng a part of their respective wishes. This desirable compromise was 
induced partly by the war, in which the empire was engaged, with Prance 
and Spain, cmd the dansers dreaded to the state from the rd)ellion in Bngiand 
in fevour of the PreteniKr. These drcumstaaces served as a pretext, if they 
were.not the reason, for accommodation* T4ie leadeis of the Assembly agreed 
to pass the militia law, desired by his exceUefiey, and he^ngaged to conmir 
in their bills for the paper currency, the requiring security from sherlib, amA 
curtailing the jurisdiction of the Supreme Court — it being well underatobd, 
that the supp<»rt of goTemment should be provided f(v, as liberally as here^' 
tofore. These bills were all duly approved by the Assembly, and ooundlt- 
and awaited only the signature of the governor, to become laws; but tbatibr 
the support of government, had not yet passed the Houses The governor 
refused his assent to thxmb before him, until the supply bill should also be pre* 
seated. Neither party had confid^ice in the other; and it soon became ap« 
parent, that the distrust of the House was but too well founded. For at tli^ 
period, they received a communication from the provincial agent at Londcm, 
informing that the fee-bill was about to he defeated, by the representations of 
the governor, notwithstanding he had given it hk official sanction ; and *it 
was subsequently disapproved by the kins. No reliance therefore, could ba 
placed in the success of their money biU, even when approved by ail the 
branches of the Legislature; .since the governor might, and probably wouh) 
use his. endeavours, successflilly, under the suspending clause to prevent the 
royal approbation. The House resolved, therefore, whilst adhmng to the 
letter and spirit of the agreement for accommodation, and providing, as usual, 
for the oompensation of the other officen, to malie the govemor^s salary de- 
pend upon his good icuth, and upcm the final passage of their money InH, by 
the King. 

XVII. <' With this view, a committee of the House inform^ hitn, that they 
were willing, npoit giving his assent to the bills now before him, to vote to the 
commander-inKrhief for the time being, five hundred pounds per annum, for two 
years, to commence the 2dd of Sept^nber, 1744, and to end 28d of S^tem- 
ber, 1746 ; which, with the other salaries, should be paid out of the nK»ey 
then in the treasury. And as a gratefiil acknowledgment to his Majesty, 
and his excellency, for the benefits they hoped the colony would receive firom 
such ImIIs, they fiirthera«ured him, that» provision should be made in the bill, 
for the support c^ government^ for the payment of one thousand pounds to 
him or his rejNresentatives, out of the fiirst interest money, arismg from the 
aet making current the bills of credit, when his Majesty's assent should be 
had thereto^ With these cond^ons, the governor refiised oom]rfiance and 
prorogued the House until the followhiff day. The eflbct of prorogation was to 
put an end to all business before the House, and oMige ihem to recommence 
their labours. It had been repeatedly tried without any good effect, and was 
probably resorted to on this occasion, that the governor, whose illness daily 
increased, and incapacitated him for business, might obtain a short respite from 
a vexatious dispute. The House convened on the pit)rogation, and authmzed 
the speaker, and any two members, to meet and adjourn firom day to day. 

On the 21st of May, 1746, Governor Morris, after a severe illness, of 
more than two yean, died at Kii^sbury, near Trenton. By his death, the 
oAca of goveraor ^evdved upon John fiamihon, Esq., the ddest member 



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104 HISTORY OF NEW JERSEY- 

of cotncil, All the hills which had been ao obnoxious to him, were passed 
in February, 1748, by Governor Belcher, without hesitation. The cham- 
pions of the Assembly, in their long contests with the governor i^pear to have 
been Mr. Richard Smith, Mr. Lawrence, Mr. Neville^ and Mr. Eaton. 

XVIII. The &mily of Mr. Morris, which for more than a century ex- 
ercised a controlling influence over the political events of New York, and 
New Jersey^ was derived firom Richard Morris; who, wearied with the un- 
settled condition of affidrs in England, consequent on the wars of Crom- 
well, in whose armies he is said to have been a distinguished leader, 
turned his views to America, and came Over first to the West Indies, and 
shortly afler to New York. He purchased an estate near Haerlem, ten miles 
firom the city, containing more than three thousand acres of land, which by 
the original grant was endowed with manorial privileges, and called Morris- 
ania. Richard died in 1673, leaving an only son, Lewis^ the subject of our 
story, an in&nt and an orphan, his mother having died a few years before 
^ his fiUher. Thus destitute, he became the ward of the col(mial government, 
which ^pointed a guardian to his person and estate. Soon after, however, 
his uncle, Lewis Morris, arrived firom, Barbadoes, and settling at MorrisaDia, 
took his nephew in charge, and finally made him heir to his fortune. The 
early years of the nephew, were wild and erratic On one occasion, having 
ocHnmitted some folly, or extravagance, displeasing to his unde, he strolled 
to the southern coloniies, and thence to the West Indies, where he maintained 
himself some time, as a scrivener. He soon tired of his vagaries, and re- 
turned to his uncle, by whom he was kindly received. Ambitious, and pos- 
sessed of much intellectual power, he entered, at an early age, upon a public 
career; and though, indolent in the management of his private afiairs, the 
love of power, rendered him active in those of a political nature. In New 
Jersey, he distinguished himself in the service of the proprietaries and the 
Assembly; and by the latter was empbyed to draw up their complaint 
against Loitl Combury, and made the bearer of it, to the. Queen. No man 
in the colony equalled him in the knowledge of the law, and the arts of in- 
trigue. He was one of the coundl of the colony, and judge of the Supreme 
CoUrt, in 1692. Upon the sundender of the government, to Queen Anne, in 
1702, he was named as governor^ befpre me appointment was conferred 
upon Combury. He was several years chief justice of New York, and a 
member of Assembly; — was second counsellor, named in Combury 's in- 
stmctions; but was suspended by him, in 1704; restored by the Queen, 
and suspended a second time, in the same year. He was a member of the 
Assembly, in 1707, and was reappointed to the council, in 1708, from which 
he was again removed, by Lieutenant-Govemor Ingoldsby, in 1709, but 
reappointed in 1710, where he continued, until made governor, in 1738. 
The love of power was his ruling passion. Unable to gratify it, as a parti- 
san of the governor, he became a leader of the people; and as their power 
was his, contended str^uiously, for its preservation and enlargement; but 
when that poy^er was opposed to his will, he was not less active to control 
and abridge it* There was nothing in his conduct or character, to separate 
him firom the herd of politicians, who throw themselves into the public arena, 
like, gladiators, to obtain by combat, with each other, their daily bread, and 
a few shouts of applause, from the spectators; the memory of which, en- 
dures, scarce longer than their reverberation. In his early Ufe, he rendered 
some service to the colony, for which it was grateful ; and his name, borne 
by one of the counties of the State, will attest, that he was, once, a popular 
favourite. In private life, he was highly respectable, and happy. Inherit- 
ing a large estate, and free firom avarice, he was not tempted to increase it, 
by indirect means^ Blessed with the afiections of an amiable wife, he bo^ 



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fflSTdRY OF NEW JERSEY. 105 

came the father of ia large family of children, many of whom, he lived to sep 
successfully settl^* 

XIX. His widow applied, soon after his death, to the Legislature, for the 
payment of what she termed the arrears of his salary, at the rate of one 
thousand pounds, per annum, for nearly two years; and. the Assembly 
having rejected her petition, she solicited the interference f>{ the lords com- 
missioners fi)r trade and plantations^ That Board instructed Governor 
Belcher, in November, 1748, to recommend, in the niost earnest manner, to 
the Assembly, to make provision for the sp^y payment of ^uch arrears*^ 
declaring, that they earnestly interested themselves in behalf of the petitioner, 
as the salary was represented to them to have been withheld, merely on 
account of his adherence to his duty^ and obedience to the direction of the 
board. When this subject was thus brought before the Assembly, for cpu- 
•ideradon, they replied, by & long enumeration of the political sins of the 
late governor ; and for those causes, trusted that Governor Belcher would 
deem their conduct just and reasonable. /' But," they continued, " to put 
the matter beyond dispute, although Governor Morris, in his life time, did, 
and his 6xecuto^ now, do, insist upon payment of what some are pleased 
to term arrears, yet the House have his own opinion in a similar case, to 
justify their not allowing them:" — (Alluding to the case of Lord Cornbury, 
in winch, Mr. Morris had taken, as a member of the Legislature, the present 
ground of the House.) ** The aubject," the Assembly further urged, " was 
so universally (fisliked in Ae colony, that there is none except those who are 
immediately concerned, in point of interest^ or particularly, influenced by 
those who are, will say one word in its favour. And it is altogether un- 
likely, that, any Assembly in the colony, would look upon that to be a juat 
debt, or apply any money for the discharge thereof; and that they could 
not conceive, that further recommendation of it, would.be advantageous to 
the executors.** 

' * See Appendix, W. 



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106 HISTORY OF NEW JERSEY. 



CHAPTER Vin. 

Comprehending Events from the death of Governor MorrU to the death of Governor 
Belcher— from 1746 to 1757.-1. War with France— Proposal of Governor Shirley 
to attack the French Settlements, at Cape Breton — New Jersey votes two thoa- 
- sand Pounds for the Service — Favoarable restilt of the Expedition. — II. Proposed 
attack on Canada — New Jersey Regiment raised and placed under the command 
of Colonel Philip S6huyler — March for Albanv — ^Threatened Mutiny. — III. Plan 
of the proposed Campaign.— IV. Treaty of Peace. — V. Death of President H^ 
milton — Devolvement of the Government on President Reading — Arrival of Go- 
vernor Belcher — His Character. — VI. Vexations arising from the Elizabethtown 
Claims under Indian Grants — the Assembly disposed to palliate the Conduct, of 
the' Aioters— Representation of the Council of Proprietors— their grievous Qhar|[e 
against the Members of Assembly , in a Petition to the King — the House transmits 
a counter Petition — Disingenuous conduct of the House.- VII. Disputes relative 
to tho " Quota BUI."— Vni. Hostile prpceedings of the French hi America. — IX. 
Difference between the French and English, in their mode of cultivatinglndian 
ikvour. — X. Efforts of the French to occupy the English Lands. — XI. jBxpedi- 
tion of George Washington to Fort Venango. — XII. Measures Of the English 
Government to resist French .encroachments.) — XIII. Convention of the Uolo- 
nies— Plan of Union proposed by Dr. Franklin — Condemned by New Jersey- 
Military Expedition of Lieutenant Colonel Washington — » captured by the 
French under De Villiers. — XIV. Extensive military Preparations of GreaCt 
• Britain. — XV. Measures of New Jersey .—XVI. Arrival of Major General Brad- 
dock. — XVIL Convention of Governors to determine the Plan of the Campaign. 
XVIJI. Acquisitions in Nova Scotia — Cruel treatment of the Neutrals. — XlA. 
New Jersey raises a Regiment for the Northern Expedition — Mi^. Philip Schuyler 
named Colonel. — XX. March of General Braddock on the Western Expedition- 
Fastidiousness and Presumption of the .General — is attacked and defeated. — 
XXI. Universal Consternation on this Defeat — ^^Grovemor Belcher summons the 
Legislature-^Inroads and Cruelties of the Indians^the Inhabitants of New Jersey 
give aid to those of Pennsylvania. — XXIl. Success of the Northern Expedition. — 
XXIII. Provision against the Attack of the French and Indians.- XXIV. Plans 
proposed for the cSunpaign of 1756— Exertions of the Colonies.— XXV. War 
formally declared between Great Britain and France.— XXVl. General Shirley 
removed from th^ supreme command — General Abercrombie, and, subsequently. 
Lord Loudon appointed.-^XXVlI. Suspension of Indian Hostilities. — XXVln. 
Sluggish military EflRnrts of the English — Success of the French in the North— 
Capture of part of the Jersey Regiment, with Colonel Schujrler, at Oswego— 
Disastrous termination of the Campaign. — XXIX.. Renewal of Indian Bamri- 
ties. — XXX. Military Reouisitions of Ix>rd Loudon — New Jersey refuses to raise 
more ^an five Jiundred Men. — XXXI. Unsuccessful attempt of Lord Loudon oft 
Louiaburg. — XXXII. Success of Montcalm— New Jersey prepares to raise fbor 
thousand Men-^the remainder of the Jersey Regiment captured by the Eneunr^ — 
XXXIII. Death of Governor Belcher — Biographical Notice of — ^XXXIV. John 
Reading, President. 

L A masked war bad been, for some time, carried on between Franoe 
and Great Britain ; and hostilities 'were openly declared by the former, on 
the 20th, and by the latter, on tbe 24th of March, 1744. In the spring of 
1745, Goyernor Shirley, of Massachusetts, having conceived the design of 
attacking the French settlements at Cape Breton, and the conquest of Louis- 
burg, the capital, endeavoured to enlist the other colonies in the enterprise* 
The capture of this place was greatly desirable, inasmuch as it was the 
largest and most commodious position of the French in America; affording 
safe harbourage for their largest vessels, and a rendezvous for their nume- 
rous privateers, now infesting the western shores of the Atlantic. As the 



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HISTORY OF NEW JERSEY. 107 

demgQ originated with the people of New England, and had not been sanc- 
tioned by the crown, ^ Commodore Warren, the English commandant on the 
American station, declined to join Shirley in the attack. The Legislature of 
New Jersey, to whom the plan was not communicated before the expedition 
had sailed, also, declined to aid it; because ^kere was not a single vessel in 
the service of 'the province, nor a ship belonging to private owners, that was 
fit for sea; and because the expedition not having received the approbation 
of the King, might disconcert the measures of the ministry. But when the 
Hoilse was, «oon afterwards* informed, that the siege of Louisburg was ear- 
nestly prosecuted with his Majesty's consent, they unanimously voted two 
thousand pounds of the interest money, then in the treasury, for his Ma- 
jesty's service, to be transmitted, m provisions, to General Shirley. . 

The plan, when communicated to the British government, had been 
warmly approved. Warren was commanded to repair to Boston, and to 
render all possible hid to the views of Shirley. He did not arrive, however, 
until after the provincial fleet had sailed, with six thousand men, under the 
command of Mr. Pepperel, a trader of Piscataqua. The result of the enter- 
prise was highly honourable to its projectors ^and executors. The town sur- 
rendered aftet two months' siege, during which, the provincial forces dis- 
played courage, activity, and* fortitude, that would have distinguished veteran 
troops. The English historians have, shamefiiUy, endeavoured to istrip the 
colonies of this early- trophy of their spirit and capacity. Smollet makes an 
equivocal statement of the facts, by which Warren is brought on the scene, 
before the departure of the provincial isoops from Boston ; when, in truth, 
they sailed McithOut any expectation of his assistance, having a knowledge pf 
his refiisal to join them. The English ministry, though sufficiently forward 
to sustain the exclusive pretensions of their officers, was compelled^ by the 
merits of the provincials, to distinguish their leader, Pepperel, and to reward 
him with a baronetcy of Great Britain. 

n. The ministry, having resolved to attempt the conquest of Canada, by 
a comlnned Eciropean and colonial force, communicated their instructions 
to the provincial govemolrs, at the dose of the month of May, 1746. Presi- 
d^t E&tniltcm laid them before the Assembly of N6w Jersey, on the 12th of 
Juhe« The Hous^ resolved to raise and equip five hundred men for this ser- 
vice ; for fhciUtating which, they ofi^r^ to' the recruit, six pounds bounty. So 
poputo was the-enterprise, that, in less than two monthls, six hundred emd sixty 
men ofl^red thenteelves for enlistment. From these, five companies were form- 
ed, and put at the charge of this province, and a sixth was transferred to the 
quota of New Yorii. These troops, under the command of Colonel Philip 
Schuyler, reached the appointed rendezvous at Albany, on the 8d of Sep- 
tember; where, the proposed inrasicm of the French provinces having^been 
abandoned, in consequence of the failure of the supply of forces from Eng- 
land, they remained until the autumn of the next year, serving to overawe 
the Indians, and to protect the frontier. The pay promised by the crown, 
was tardily remitted, and the troops, at the rendezvous, became impatient 
of the delay. In April, 1747, the Jersey companies mutinied, and resolved 
to go offy with their arms and baggage, unless their arrears were paid up. 
To avert this evil. Colonel Schuyleir despatched an express td President Ha- 
milton, with an account of the disposition of the troops. The president re- 
commended, to the Assembly, to provide for the pay, but the House having 
expended tnore than twenty thousand pounds in equipping, transporting, 
and victualling the detachment, declined to make further appropriations; 
and it was detained in service chiefly by the generous aid of the colonel, 
who supplied the wants of the soldiers; advancmg many thotisarid pounds 
from hii private ftinds. 



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lOa HISTORY OF NEW JERSEY, 

III* The prqx»ed attack cm the Frenoh poeaessicMas, ongjoated with 0<k 
vemor Shirley, whoae solicitatioiis» enforeed by the briUiant aucoeas at 
Louisburg, prevailed on the ministry to tmdertake it. A sqaadrcm of shipa 
of war, having on board a body of land forces, commanded by Sir John St. 
Clair, was, as early as* the season would admit, to join the troops of New 
England, at Louisburg; whence they were to proceed by the St. Lawrence, 
to Quebec The troops fix)mFNew York, and from the more southern pro- 
vinces, were to be collected at AlWny, and to march thence against Crown 
Point and Montreal. This plan, so far as it depended upon Uie colonies, 
was executed with promptness and alacrity. The men were raised, and 
waited, impatiently, for employment ; but neither general, troops, nor orders 
arrived from Etigland; and the provincial forces continued in a state of in- 
activity,' until the ensuing autumn^ when they were disbanded. Hiis afiiir 
was one of the thousand instances of incap^su^ity and misrule, which the 
parent state inflicted upon her dependant American progeny. 

IV. No further material transactions took place in America during the 
war. Prehminaiy articles of peace were signed on the dOth of April; but 
hostilities continued in Europe and on the ocean, until October, 1748 ; when 
the definitive treaty was executed, at Aix-la-Chapelle ; in which the great object 
of the war was wholly disregarded, the right of the British to navigate the 
American seas, free fjrom search, being unnoticed. The Island of Cape 
Breton, with Louisburg, its capital, so dearly purchased by provincial blood 
and treasure, was g^ven up under the stipulation, that all OHiquests should 
be restored ; and t& Americans had great cause to condemn the indiflferenoe 
or ignorance, which exposed them to future vexation and renewed hostilities, 
by neglecting to ascertain the boundaries of tfa6 French and English territo- 
ries on the American continent. 

V. President Hamilton, whose health was in a very precarious state, when 
the government devolved upon him, died about midsummer, 174T ; and was 
succeeded by John Readmg, Esq., the next eldest counsellor, who was soon 
afterwards displaced by Jonathan Belcher,^ Esq., appointed governor, by 
the crown. He met the AaaenHAy for the first time, on the 20th August, 
1747. Between this gentleman and the Leg^ature, for the space of ten 
years, considerable harnKmy prevailed. He seems to have adopted as a ra\e 
ror his administration, the most entire submission to the wishes of the Assem- 
bly, where they did not interfere with the instructions from the king. In the 
latter case, he threw himself behind the royal will, as an impre^ble rampart. 
He was Sparing of words?, and generally preferred, when required to commu- 
nicate any matter to the House, to use those of the ministry, petitioner, or 
agent, as the case mi^ be ; rarely adding comments of his own, or embark- 
ing his feelings deeply in the subject. He was never obnoxious to the 
reproach of failing in his duty, and seldom displaced that indiscreet zeal 
which creates resistance, by the well known law, ruling alike in physics, as in 
morals; by which the reacticm is always equal to the ac^n. His temper 
was imperturbable, and though sometimes severely tried by the AssemUy, 
by suspension of his salary, a point in which mo^ colonial governors were 
extremely sensitive, he was unmoved. 

VI. Two questions arising out of proprietary interests, vexed the whole 
term of his administration; emd though he earnestly and successfbUy endea- 
voured to avoid becothing a party to them, he was made a sufibrer in the 
contests between the council and AssemUy. For more than thirty years, 
there had been no important controversy b^waen the grantees of Carteret, 
and theElizabethtown claimants, under the Indian title. But this peace was 
altogether consequent on the absdnenoe of die first, from enforcing^ their title 



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HISTORY OF NEW JERSEY. M9 

and f^ttfliftptiffg the recovery of their rents. A iai^ quantity of East Jersey 
lands, puderthe Carteret title, had gotten into the hands of Robert Hunter 
Morris, and James Alexander,,Esquires, who held important offices in the 
province; the one beingchief justice, the other secretary ; and both, at times, 
were in the council. Th^e gentlemen, with other extensive proprietors, 
during ^e iife of Governor Morris, and towards the close of his administra- 
tion, commenced actions of ejectment, and suits £:)r the recovery of quit*rent, 
agahist many of the settlers* These immediately resorted to their Indian title 
for defence; and formed an association, consisting of a large proportion of 
the inhabitants of the eastern pc^t of Middlesex, the whole pf Esdex, part of 
Somerset, aiid part of Morris (^unties; who were ambled, by thw union 
and violence, to bid defiance to the law, to. hold possession of th^ lands which 
were fairly within tfie Indian grant, and to add to their party a great ipany 
persons who could not^ even under that grant, claim exemption from propri* 
etary demands* The. priscnis were no longer competent to J^eep those whom 
the laws condemned to confinement. In ^ month of September, 1746, the 
dssooiaiors broke qpen the gaol of the counly of Essex, and liberated a pri- 
^ner, committed at the suit of the proprietaries; and during several conae* 
outive years, all persons confined for like cause, or on charge of high 
treason and rdbellion for resisting the laws, were rdeased at the will of the 
insurgents f 86 that the arm of government, was in this r^ard, whoUy 
paralyzed. Persons who had Ipng holden under the proprietouries, were 
forcibly ^eeted; others compelled to take leases from landlords, whom they 
were, nol disposed to acknowledge;, whilst those who had courage to stand 
out, were thr^teoed with, and in many instanoes, received, personal videnoe« 
The council and the governor were inclined to view; these unlawful pro- 
ceedings in the darkest colours; to tireat the disturbers of the peace, as^insur- 
Eints, rebels, and traitors, and to .inflict upon th^m the direst severity of the 
ws. They prepared, and sent to the Assembly, a riot act, modelled aAer 
dmt of Great Britain, making it felony without benefit of oiergy, for twelve 
or more, tumultuously assembled together, to refiise to disperse upon the re* 
quisition of the civil authority, by proclamation, in form set forth in the act* 
The Assembly not only, r^jei^ed. this bill, but sought to give a more favoura- 
ble colour to die ofieno^ of the associatord. The counol of the prppnetors» 
ill a petition to the king, signed December 28d, 1748, by Andrew JdinscMi, 
nresideiU, r^reaented, '^that great numbers of Qien,,,t8king advantage of a 
diwute subsisting between the branches of the LegislaturB of the. provinoe, 
and of a most unnatural rebellion at that time reigning in Great Britain, 
entered into a combu)atk>n to subvert the laws and constitution of this pro- 
vince, and to obstruct the course of legal proceedings; to which end they en- 
deavoured to infuse into the minds of Ihe people, that neither your Majesty 
nor your noble progenitors. Kings and Queens of England, had any right 
whatever to the soil or government of America, and that tbdr grants were 
void and fraudulent; and having by those means associated to themsehres, 
great numbers of the poor and ignomnt part of the people, they, in the mcmth 
of September, 17^, begao to carry into exeeutk>n, their wicked schemes; 
when in a riotous nttinner, they broke open the jail of the county of Essex, 
and lock from thenoe a prisoner, there confined by due process of law; and 
have, since that time, gone on lUce a torrent, beanng all down before theoi, 
disposse^ing some peq>le of their estates, and giving them to accomf^ioes; 
plundering we elates of others, who do not join with them, and dividing the 
spoil among them; breaking open the priacHis as often as any of them are 
committed, rescuing their acpomplioes, keeping daily in armed munbers, and 
tr^ivelling often in armed multitudes, to di^^ent parts of the province, for Uiose 
purposes; so that your Majesty's government jind laws have, for!above three 



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110 HISTDRY OF NEW JERSEY. 

years last past, ceased to be that protec^on to the liyee and properties of the 
people here, which your Majesty intended they should be." 

** These bold and daring people, not in. the least regarding their all^iance, 
have presumed^ to estGd)lish courts of justice, to, appoint captains and officers 
over your Majesty's subjects, to lay and collect taxes, and to do many 
other things in contempt of your Majesty's authority, to which they refuse 
any kind of obedience : That all the endeavours of the. government to put the 
lawa in execution, have been hitherto vain; for, notwithstanding many of 
these common disturbers stand indicted for high treason, in lev3ring war 
against your Majesty, yet such is the weakness of the government, that it 
has not been able to bring one of them to trial and punishment: That the 
petitioners have long waited in expectation of a vigorous interposition of the 
Legislature, in order to give force to the laws, and enable your Majesty's 
officers to carry them into exeoution: But the House of Assembly, after 
neglecting the thing for a long time, have, at last, refused to afibrd the go- 
vernment any assistance ,• for want of which, your petitioners' estates are 
left a prey to a rebellious mob, and your M«gesty's govemm^t exposed to 
the repeated insults of a set of traitors." 

Thiis. grievous charge was unknown to the Assembly, until a copy of the 
petiticm of the proprietaries, was transmitted by the provindcd agent. In 
October, 1749, the House sent a counter petition to the King, withrthe design 
of vindicating its conduct, in which it declaredi *' that the proprietaries of 
East New Jersey had, from the first settlement, surveyed, patented, and 
divided their lands, by Concessions, among themselves, in such manner as 
from thence many irregularities had ensued, which had occasioned multir 
tudes of controversies and law suits, about titles and boundaries of land: — 
That, these cootroversies had subsisted between a number of poor people on 
the one part, and some of the rich, understanding, and powerful on the other 
part; among wh(»n were James Alexander, Esq. a great proprietor, and an 
eminent lawyer, one of your Majesty's council, and surveyor-general for this 
cokmy, although a dweller in New York; and Robert Hunter Morris, Esq. 
chief justice, and one of your Majesty's council in the said colony : That the 
said Alexander and Morris, not 3rielding to determine the matter in contest, 
by a few trials at law, as the nature of the thing would admit, but on the 
contrary, discovering a disposition to harass those people, by a multiplicity 
of suits, the last mentioned became uneasy (as we conceive) through fear, 
that those suits might be determined against them, when considered, that 
the said Chief Justice Morris, was son of the then late Groverpor Morris, by 
whose commission the other judges of the Supreme Court acted; and by 
whom the then sheriff, throughout the colony, had been appointed; and 
should a multiplicity of suits have beeu determined against the people, in- 
stead of a few only, which would have answered the purpose, the extraordi- 
nary and unnecessary charges occasioned thereby, would have so far weak- 
ened their hands, as to have rendered them unable to appeal to your Majes^ 
in council ; from whom they. might expect impartial justice : That these are, 
in the opinion of the Jtkuse, the motives that prevailed on these unthinking 
people, to obstruct the course of legal proceedings, and not any disafiection 
to your Majesty's person or government."*' 

If the council of prq|»rietors, supported by the Legislative council, was 
disposed to aggravate the ofifenoes of the insurgents into high treason, it is 
apparent, that the Assembly were not less resolved to consider them of a 
very venial character; and their conduct, upon this occasion, was highly 
diongenuous. The House could not refuse, from time to time, to condi»nn, 

* Votes ifF AapemUy. 



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Googfe 



HISTORY OF NEW .JERSEY. Ill 

in strong terms, the c<xiduct of the riolerB; but, no representation of the 
gOYemor or council, could induce them, either to pass the riot act, or to arm 
the executive with milkary force, to capture the rioters, guard the prisons, 
or protect the public peace. If, indeed, the insurgents possessed a coioura> 
ble title to the .lands, and had been oppressed by a muhipiicity^of suits, 
which they were disponed to render unnecessary by submission to the law, 
as apparent on the decision of a few ; if they had been content, with defend- 
ing their own possessions, without disturbing those of others; the represent 
tations of the Assembly might have been less reprehensible* But the title 
of the insurgents was, on its meritst wholly unsustainable^ in aa English 
court of justice, where a mere Indian right could never prevail against the 
grant of the King. The true solution of the course taken by the Assembly 
will be found, most probably, in their sympathy for the rioters, and their 
hostility towards the leading members of the council, who were large pro- 
prietaries. The public peace, from this cause, continued unsettled, for seve- 
ral years. 

VII. The other subject which perplexed the administration of Governor 
Belcher, was a difference between the council and Assembly, on a bill for 
ascertaining the value of taxable property in each county, with the view to 
a new apportionment of their respective quotas. - Among othcjr property di- 
rected to he returned by this "Quota Bill," as it Was termed, was "<A« 
iDhole cf all profitable tracts of land held by patent^ deed^ or survey^ 
'Whereon any improvement u made.^^ To this clause the council took d^ 
jection on two grounds, — first, that it was in contravention of the «)yal in- 
struction, prohibiting the governor fVom consenting to any act to 'tax unpro- 
fitable lands, an4 second, that it woUld be gross iiijustice, by taxing knds 
according to their quantity and not according to their quality, since tracts of 
land might, and, probably, would, be deemed profitable, when the greater 
number of: acres were wholly unproductive. The council, therefore, pro- 
posed, to amend the act, by declaring, that nothing therein was intended, to 
break in upon the royal instruction, or to warrant the assessors to include 
any unprofitable lands in thdr lists. The House, roused by this attempt to 
modify what they deemed a jmoney bill, denied the right of the council, to 
amend such bill, and refused themselves to alter it, so as to remove the ob- 
jection. 

There is much reason to believe that the Assembly intended, at a season, 
when taxation was becoming unusually heavy, to reach a portion of the uil- 
profitable lands held by many of the rich propn^aries, but which had 
hitherto been protected by the royal instruction ; and that they designed to 
make the whole of the lands pertaining to any improvement, whether wHd 
or in culture, liable to taxation. The council, some of whose members were 
large pnmrietaries, were interested in firmly supporting the King's instruc- 
tion ; and in the space of a little more than three years, from 1747 to 1751, 
they impeded ^ne passage of seven bills of like tenor; and as the "Quota 
Bill" was an indispensable- preliminary to an act for the supp(»t of govern- 
ment, all the officers of the state were, during this period, deprived of their 
compensations. It was certainly unjust to require exemption from taxa^ 
tion for lands which,, though yielding no annual returns, were daily grow- 
ing, in value^ and increasing the wealth of the owner; yet there would 
not have been less injustice in exacting a tax prop<ntk)ned on quantity 
alone, since one fertile aore happily loct^ed, might be worth a thousand of 
pine barren. 

We extract from the minutes of the Assembly, parts of messages between 
the council and the Assembly, in order to show the manner in which these 
bodies treated eack other, and to give somewhat of the form and colour' of 



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112 HISTORY OF NEW JERSEY. 

the times. Thus the cuoncil, in their address to the Asaen^y of the 19th 
of February, 1760, say— 

*< The Assembly, in their message, and in their address to his ^oeHenoy, 
accuse us of havmg taken liberties upon us; as to which we think we hay^ 
taken nqne, but what were our just right to take. But the liberties the As- 
sembly have taken with his Majesty, with his excellency, our governor, witli 
the magistrates of this and other counties, and with us, by those papers, and 
during this and former late sessions, (as will appear by their minutes) and 
by spreading base, false, scandalous, and injurious libels against us; we be- 
lieve all sober and reasonable men will think unjustifiable— ^Grod only knows 
the hearts and thoughts of men. They have, it seems to us, even not left 
that his province uninvaded ; for they take upon. them to suggest our thoughts 
iohenatauief any great regard to hU Mqfetty^t ifutructianitkat v>e ha:te 
been led to make our amendment; but to exemipt our large tracts of land 
from taxes; when they well knew, that a majority of this House, are not 
owners of large tracts of land ; and those who have such, do declare, they 
never had the least thought of having their land& exempted from taxe^, con- 
eist^it with reason and his Majesty's instructions." 

The House, in thor democratic pride, did not deign to reply directly to 
this reproach. But they ordered an entry to be made upon their minutes, 
declaring, " That it would be taking up too much time, at th^ public ex- 
pense, for the House to make any particular answer thereto; nor, indeed, is 
it necessary, when considered, that the message itself, will discover the coun- 
cil's aim, in having the improved part, only, of tracts of land taken an 
account of, in future taxation; whidi, if adnutted, would exempt the unim- 
proved part of such tracts, from paying any part of the public tax: So that, 
should a gentleman be possessed of a tract of t^a thousand acres of land, in 
one tract, worth ten thousand pounds, and <mly fifty acres of it improved; 
and a poor fireeholder should be possessed of a tract of one hundred acres, 
only, worth but one hundred pounds, and fifty acres of it improved ; the poor 
fireeholder must pay as much as the gentleman; and this we may venture to 
say, (without invading the province of God, which the council are pleased 
U> diarge us with,) would be the obvious consequence of the bill, in question, 
if passed in the manner the council insist; and why, a poor man, worth only 
one hundred pounds, should pay as much tax as a gentleman, worth t^i 
thousand pounds, will be diffi<»ilt for the council to show a reas(m ; but at 
presmt, we may set it down as a difticult and surprising expedient, indeed, 
to fiivour the poor. 

'* The coundl, instead of making it appear, that they have a right to 
amend the bill, as they have repeatedly resolved they had, have unhappily 
i^l into the railing language of the meanest class of mankind ; in such a 
manner, that had it not been sent to this House, by one of their members, 
no man could imagine that it was composed by a deliberate determinatiofl of 
a set of men, who pretend to sit as a branch of our Legislature. For, to* 
wards the close of the above said message, they chai^ us with«havintf taken 
libertieB with his Majesty, with his exoellency, our governor, with the 
magistrates of this, and other counties, and with our having spread false, 
scandalous, and injurious libels against them, the said council ; which, they 
say, they believe, all sober and reasonable men, will thmk unjustifiable. 
What liberties we have taken with his Majesty, otherwise, than to assert our 
loyalty to him, in our address to the governor, we know not : What h*b^tie8 
"we have taken with the governor, unless it be, to tell him, the true reason of 
the government's being so long tmsupported, and to represent the public 
grievances to him, ior redress, we know not : What liberties we have taken 
with the gentiemBn of the oounoii, other than to tell them the truth, in modest. 



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HlOTORt OF NEW ifflUSEY. !!« 

|3tom B&gliBh, we liivow QoU 'WhatlH^rtieB we Have taken with iUta magis- 
titttes of tfaur and otter cbonties, unless it* be to inquire itito their conduct, 
c^fioa complaints, and afler a hir and impartial hearing, to represenft thdr 
aiMrary- and iUegal proceedings, for teixeaa, #e know pot;— «nd wherein 
we have been^gmlty of fipiee^iiig fiilse, scandalous, and injurious libdy 
against the council, we know nbt Therefore, it will be incumbent on them, 
to^point out, aad duly prover^ sAtne tmdne Ub^rties we haVe taken, and iibela 
^read, before any sober and reaacniable Haen, will be pretailed oA. to oon* 
demn our prbceec&igs, as uhjtistBiable; wfai<$h we t^nk they will not do^ 
qton the irieBder au&>rity of thecooncirs' insulting message to this House; 
Which, in oar opinion, is eo far from b^ng likely to prevail on any sober 
and reaaonable men, tb believe the Meey scurrilousf, and groundless charges; 
theretaaHi^edagainst u8;4hatit wUlorather disoover dieeouncil to be men 
at least un^ tte government of passion^ if iiol void of ieason and trudi; 
and, until they recover the tight use of tfa^ reason again, it wiH be fhutless 
for this House to spend time in arguing with them*'^ 

As it waer ttow obmosly imposnble that the public business t^ould pro- 
ceed, whilst these important branbhes of the government ceased to treat eadi 
oAer with ordinary respect, the governor nrudetttly dissdved the Assembly* 
The new House, whfeh met on the 98th of- May, 1751, consisted of a majo* 
rity of ^new members, and was earnestly disposed to despatch the BfEhln of 
die province, as they evinced; by the passage of ^ quota bill, in a forttij 
which dttsipiUed the ol:9ections, that had liith^ prevailed a|;ainBt it; t^lassi-^ 
fying lands, according to their^quality« aiKl making all which could in any 
way be deemed profitable, liable to taxation, at ar rate depen<fing on their 
dass. Thb difiiealty was scarce removed, before another, partaking of the 
same cfaaractor, arose. In ^ adaptation of a new act, for the support <sf 
the govehimei^ to the principles fornished by the quota act, the council 
assumed the right to amend the bill ; though such right iMui always been 
peremptorily denied them, by the House, in relatimi to all money bills, and 
in the present case, their amendments were unanimously rejected. As this 
wacTa point which the Aasembly were resohit^ to Imainiain, they sought to^ 
get over the delay by nmking the governor a party to the bill, in their 
fiivour ; and for that purpose, ailer it had been teturned by council, aent it 
up diwi?tly, to han, that he might place it agam before that body, accon^pa- 
nied with Hs inftiende fof its passage. This course would have brought 
the form of administering the government back to that which il possessed,- 
before the alteration njade by Governor Motris, when the govemprsat and 
debated'with<thd council. ^A Mr. Belcher, declining to receive their bill, 
the House, unable to prepress with it, was prorogued, and the public treasury 
still oontoued' empty. Nor was it until February, 1753, after a delay of 
near fym yeart, that a bifl for the support of the government, received the 
approbation of every branch of the Legislature. 

VIIL The treaty of Aix-la-Oiapelle, which, in fidrope, was but a bolfow 
tenice, waa scarce regarded by the French, in Amejri^. Eager to extend 
their territories, and to connect their northern possessions with Louisiana, 
they projected a line of forts and military poationsi -from the one to the 
other, sflong the MisRssippi' and Ohio rivers. They explored, and occupied 
the land upon the OWo; lAiried, in many places, through the country, mefe! 
pilUes, with ineeriptions declaratory of their dainm;* caressed and threaten* 
ed the Indians by tarns ; scattered liberal presents, and prepared to compel 
by 'force, what ^ould be refosed to their kindness. 

• In 1750. 



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114 merrcAY of nbw mamY. 

IX. In tlw Indmn r^adofis^ tfaa ^talerpriae and indtistry of tiie Fnmih 
were stroi^ly.coiitmBted vhih the coldoess and tipaUiy of the English^ 
Aftsr the peace of 1748» the latter disocmtiiiued their attentions, even toi 
thofle Indiana they bad induced to tak0 op arms* They suffered the eap*' 
tivea to remain long imranacuned ; their fioniliea to pine in. want, and utterly 
disregarded the cUldren of the slain ; whilst the- former, attentive to tb& 
vanity asMl interests of their allies, dr^sed them in^ finery, and loadad them 
with presents. Their ^ifluence over these •untutored tiibesi might have been 
ffreater, had they not sought to convert them to the CatfaolJG faith,* ibr the 
Indians Anoied, that the religious ceremqnias, were arts, to rejduoe them to 
slavery.* The French bad, by this policy, succeeded in. estranging the 
Indians on the Ohio^ a^ in dividing the councils of the Six. Nations; £raw* 
ing off the Onondagoes, Cayugas,,and Senecas. ^llieir {progress with these 
tribes, was rendered still more dangerous, by the death of several ohiefil, wha 
had been in the English interest, and by the advances of the British in the 
western country, without the oonsent of the aborigines* 
' X. In. prosecution, of their views of territorial acquiritioa, and se^kiction 
of the Indians, the FV^ich attacked the Twigbtees, and slew many, in chas- 
tisement of their adherence to the British wad {Molection of Engliki trades. 
The Ohio Company having surveyed large tracts of land upon the Ohio river» 
with the design o^ settlenient, the governor of Canada remonstrated with the' 
goveimors of New York and Pennsylvania, upon this invasion of the French 
torritories; and threatened to resort to Airce, unless the English tradeis 
abandoned their int^course with the Indians. These threats, being disro- 
garded, he captured some traders, atid s^ot them to France, whence they 
returned, without redress He .also opraed a communication from Presqu'isle, 
by French Creek, and the Alleghany river, to the Ohi€»; and though the Six 
Nations forbade ium to occupy the Ohio landsi iie eontemned the present 
weakness of those tribes. 

XL Governor Dinwiddle, of Virginia, learning that the French defld^fted 
to proceeKl southward, from Fort Venango, on Frendi Crei^ resolved to 
despatch an agents for the double purpose of gaining intdligence, and reroon* 
strating against their designs. For this duty, he selected Mr. Oeoi^ Wastk- 
ington, then a young man, under twenty years of age. He lefl the fronti^, 
with, several attendants, on the 14th of November, 1758, and after a journey 
of two months, over mountain and toment, throu^ morass and forest, braving 
tj^ inclemencv of the winter, and^ihe howling wilderness, and many dangers 
fifom Indian hostility, be returned,, wkh the answer of Legardeau de St. 
Pierre, the French commandant upon the Ohio, dated at the fort, npon Le 
BoBuff river. The Frenchman referred the discussion of the ri^ta of the 
two countries to the Marquis du Quesae, GoveroQr-in-cluef of Caoaida; by 
whose orders^ he had assumed, and meant to sustain^ his present position. 
From De la !Joiicaire,*a captain in the French service, and Indian interpreter, 
Washington roceived ful) information of the French designs. They founded 
iheir clwm to the Ohio. river,^and its appurtenanoes, on the discovery of La 
S^, sixty years before; and their present measures for its defitece, had 
grown out of theattempts of the Ohio Company to occupy its banks. 

XII. The British nunistry, instructed in the yiews i^ op^^atiokis of the 
Frenoh nationt on the American continent, remonstrated with the Court of 
Versailles. But, whilst that court publicly instiiicted the Governor of Canada 
to refrain from hostilities, to demdish the for^regs at Niagara, to deliver up 
•the captured traders, and to punish their captors, it privately inlcnrmed him, 
that strict obedience was not expected. Deceived and msulted, the En^irii 

* lilSS. Joornabi of Conrad Waiisr. Fmu$ me. 

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HlffTOR Y OF NigW JBBSBt. lU 

aKmafth resohed to typpose hro& lo fbree; and the Aikieiican govemon 
WBTe directed to repel the ciicfoachni€«t8 of any foreign prinoe or^tale. 

Thd EngUsh foroe in Aknerieat otrnieriqalty oensid^:^, was much greater 
than that ^.the Froieh,' but divided among many and inde{)^hdent sections, 
Mb -combined efforts were feehl&and Uuggiah, whilat the Fren^ch, directed fay 
KaoQ will, had the advantages of union andpromji6t(ide> and drew the hap* 
(riest hoj)es from theik>lde6t enterprises. Ixy-resist them, efibc^aUy, some 
oonfederacy of the colonies was necessary) and conmK^ prudence required, 
that the afibctions of thejhidiansi, towards the^ Bn^ish, shoakL be assured. A 
' conferonce between the^ Six Nali<M», and the representatives of the colonies, , 
was .CNrdraed by the miidstry under the direction of Governor Pe Laney, of 
New York. Ooviehtor Belcher communicatedthis order to the Assembly of 
New Jeneyj on the 2Mi of April, 1754. But the House refiased on tins, as 
4ipoa every otli^ occasion, theretofore, to take part in the Indian treaties) 
assigning as a reason, that th^r province had no paitrcipation in the Indian 
trade; professing^ however, their ireadinessto contribute their assistancie to 
the odier cokmies, towards preventing the eneroaeh^nents of the Frendi, on 
his Bfajesty's dondnions, hut declaring their present inability to do «ugkt, on 
aocdiBit of the povertv ci thdr treasury;^ The r^nctance which the Aasem* 
My displayed upon uns subject^ together with their rude reply to a tfmioa' 
stnmoe from the governor, piiovc^ed him to dissdve them. 

Tlie Six Nations, although large presents were made them,' were cold to the 
instances of the ocmfi»der«te cckmcil, which m^ on the 14th of June. Fevr 
attended, and it was evident that the afl^ction of all towards the English had 
diniitdshed. They refused to enter iffto a coalition against the French, but 
consented to assist in driving them from the positions they had assumed m 
the West, and to renew former treaties* 

XIII. In this eonven^n of the odomes, several plans for politk»tl union 
Vere submitted, and that devised by Mr. Franklm, of which the fbHowing is 
an outline, was adopted on the 4th of July^. A general colonial government 
was to be fojrmed, to be acbxfin^itered by a presidefit-generaf, appomted 
wad paid hy the cro«m; and a grapsd council of fbrty-eight members to bfe 
chosen for three.years, hy the cblcmial Assemblies, to meet at Philadelphhi, 
for the first time, at th&call of the President.^ Afler the first three yearti, the 
number of members -from each colony^ was to be in the ratk> of the revenue 
psidby it t» the puUic treasury; the grand council was to meeC^ statedly, an- 
nually^ and might be specially Convei^, in case of emergency, by the presi- 
dent« It was empowcnred, to choose its spealror, and cotdd not be cyssohed, 
prorogued, nor k^ together longer tlian six weeks at one time, without its 
consent, or the roecial command c^ the crown ; 'With the president-general, to 
hoki or direct all Indian treaties, in whk^h thp^graieral interest of the ec^nies 
was concerned, and to make peace and declare war with Indian nationsi-'^-tD 
purchase for ^ crown, from the Indians, lands not within particular colo- 
nies:-'-to make new setdements on such purdiases, by granting latids in the 
King's name, reserving quit-rent to the crowti, for the use of the general trea- 
sury^— to make laws regulating and governing such new settlements untH 
th^ should be formed into faiticuktrgovemmentB^ to raise soldiers, build 
forts and equip vess^ ofwar $ and for these pui^peses, to make laws and levy 
texeat— To am)oint a genaral treasurer, and a particndar treasurer in each 
gov er nmen t ; disbursenients to be msde oidy on an appropriation by law, or 
by joint order 0^ the president and council ^ the general aeoounta to be setti^ 
yesbrly, and reported to the several Assemblies: — ^Twenty-five members Uf 
form a quorum of the council, there bein^ present, one or oiore, from a ma- 
jority of the colonies (-*The assent of the president-general was requisite to 



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11« HISTORY OP NBW JERSEY. 

all' mots of this coancil, and it was his duty to esecutB thaoiK — Tht kws 
oiaded wore to be as like as poasibla to thoee of £k)glaiid> and to be trai» 
mitted to the King in oouBcil ibr approral* as soon as might be afier their 
enactment, and if not disapproved withii^ three years, to remain in fbroe« Ob 
the dieathof the president-general, the speaker was to suoceed him, and to hold 
his office until the King's pleasure should be known. Military and naTal 
officers, aotii^ under tl^ constitution, were to be appointed by the president, 
and approved by the council, and ^ civil officers to be nominated by the 
council, and approved by the preedd^it ; and in caae of vacancy, civil or miM* 
tary, the governor of the provmce in which it happened, was to a{^M)int, until 
the pleasure of the president and cbundl should be asoortained. 

llus plan was sabmitted to the board of tnul& in England, fuid to the As- 
semblies of the several' provinces. Franklin* says, its fate ,was singtilafc. 
The Assemblies rejected it, as containing too much prerogative; whSst in 
En^and, it was condemned ma too denMcratic. Had it been adopted, the 
prelector might have been ftuned as the forger of a nation's chains, instead 
^the deetn^er of a tyiiant's sceptre, f. As a substitute, tbeBrlti^ ministry 
proposed, that the governors of the colonies, with ope cor more members of 
the respective couools, should resolve on the measures of defence, and draw 
on the' British treasury for the money required, to be refiinded by a general 
tax, imposed by Parliament, on the colonies. But this prooosition was 
deemed inadmissible by the provinoes. The " plan of union,^ as adopted 
hr the Coogress, was laid before the Ass^nbly ctf New Jersey in October. 
The House voted that if it should be carried into efibct, '* it might be prcju*^ 
dicial to^ the prerogative of the crown, and to the liberties of , me people;" 
They instracted th^ agmit^ at court, to petition the King and Parliaineat 
against its ratification* 

Ita the mean time, Virginia had raised three hundred meni under the com- 
tnand of Colonel Fry aad Lieutenant Colonel Washington. The latt* 
flMurched with two companies, in advance, to the Great Meadows, in the 
Alleghany Mountfuivs ; where he learned^ that the French had dispersed a 
party, employed by the Ohio company, to erect a fort on the Mononmihela 
ii;ver; were, themselves, raising fcartiBcations at the confluence (h that 
river with the AU^hany, and that a detachment was then approaching his 
camp. It was impossible to doubt of the hostile intentions of this party, and 
Washingksi resolved to anticipate them. Guided by his Indians, under cover 
of a dark and rainy night, he surprised the French encampment, and cap- 
tuied the whole party, save one who fled, and Jumonville, the commanding 
officer, who was killed. Soon aAer, the whole regiment, the command of 
which had devolved on Mr. Washington, by the deatli of Mr*. Fry, was 
united at the Great Meadows; and reii^R^rced by two independent companies 
of regulars, the one from South Carolina, aad the other from New York.^-^ 
It formed an eflfoctive force of five hundred men. Having erected a ^oekade 
fyt protecting their provisions and horses, the troops marched to dislodge the 
enemy fromrort Ihi Quesile. But their progress was arrested by informa- 
tion <)f the advance of twelve hundred French and Indians. As the Ameri- 
cans had been six days without bread, had but a sfloall supply of meal 
rwcnaiaing, and dreaded the enemy would cut them off frooi thsir stores, 
they resolved to retreat to their stockade, to wluch they gave the name of 
F<nrt Necessity. Colonel, Washii^gton began, a ditch around this post, but 
«re he couU complete it, he was attacked by the French Ibroe imder Moo- 

• Mdmoini. 

t Caii mifmUfithmm setftrmmpa tyttmms. 



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HnrroRY of nbw jbrsey. u? 

aimir de ViltiBfs. The troops mode an d)§ttitete ifi&pm, ^gblmg paxtiy 
wit^^n the stockade, ««} partly in the ditch, iaif filled wiib mud and water, 
firom len o'clock in the. monadng imtil dark, when De VUlie^ .deraanded a 
parley, and ofieml tenm- of c^tuUrtbn. During the night, articles wer^ 
signed, allowix^.the garrison the honours of war, to retain their, arms and 
baj^tge, and to return home unmolested. The last clause wa£| not strictly 
kept, the Indians harassing and plundering the Americans durh^ their re- 
treat.. The courage and conduct of Washington, on thi^ occasion,, were 
greatly am>lauded; and the Assembly. of Virginia voted th^r thanks to him 
and his emcers. The French retired to their posi on the Ohio.'* 

The attack, on die part of Jumonviile, without summons or expostulatimi, 
was itaeply reprobated by the French. Whilst peace prevailed betwera the 
tw^nations, hostHity^ th^ said, dMnildnot have been presumed^ They have 
oalM the death of thai officer, an aBsassination, eten in the capitula^n of 
Fort Nacesffity; the attach on which, they state te have been made, in con* 
se qu epoe of the outrage upon th^ advance party* These allegiitions are 
ivftitBd, by a review of the conduct of the Frendi, sinoe the development q£ 
Hbaat deiigns upcm the Okao. Tl^ captsfe of the persons add property of 
die setHefS, at. Logtown, And of the Indian tmders, wherever ibund in the 
westam eoan^, iSfosded c(»clumve efvidenee of their intention to try the 
disputed title by force; and they could not, justly, C(xnplam of the reply to 
th^ ftfgtmientt 

• With great mdustry, the Frmth completed Fort Do Quesne, at the 
eonflnence of the Monongaheia and Alleghany rivers, where the thriving 
dty of Pittsburg now stands; garriscmed it with one thousand regulaiv, 
amply supplied with cannon, pravi»ons,. and other munttiocis ; and prepared 
to occupy the country of the Twightees, with numerous settlers. The Six 
Natkm Indians, now more mmerous «n the western' watelrs, than in their 
amaent seats, indiflferent to the English cause, and divided among them- 
selves, barely maintained their neutrality. Some of them bad removed to 
Canada, ftreferriBg the prbfecdon of the active anc^nterprising French com- 
muiders* The small body c^ British troops, collected on the frcmtiers, vms 
wtek«:ied by desertion, and oorrupted by insubordination ;. whilst the Indians 
who stiU adhered to thdr intereist, retired to Aughwick, in Pennsylvania, 
where they procbdmed their admiration of the courage of the enemy, «md 
their contempt of the rioth of their friends ; and were scarcely kept in quiet, 
by the liberality of the Assembly of PennsyWama to their families, and its 
forbearance towards the license of their diiefs. 

XIV; Al length, however. Great Britain pt^pared to oppose, ^nergeti* 
callyt the grorwing power ef her restless rival in the Western Wprld. Twof 
ragnnents-of fbot firom Ireland, under the command of Colonels Dunbar and 
Hfdketi, were ordered to Virginia, to be there enforced; and Governed Shir* 
ley and Sir William Pepperell were directed to raiee two regiments, of a 
thousand moi each, to be officered from New England, and commanded by 
themselves. The provinees, generally, were required, to^ collect men ibr 
efriistmeat, to te placed at the disposal of a commander-in^hief of rank and 
capacity, who would be appointed to command aU the King's farces in Ame« 
rica; to supply ihe troops- on thwr arrival with provisions, and to fhmish all 
necessaries for the soldiers landed or raised wtthm the province ; to provide 

* Marshall's Washin^n. Bradford's JoUrnaj. Review of Militarj Operations in 
north Amend. Lon£>n, 1757. • 

. t Ootoael WuhingtoB, whd wss igasrant ef tlie Pranoh ki^iiag[e, wm aaable to 
tMd the trtida* of capitnlaliottf aad was, thecsfiBva, obhrai to rely pn sa mterprttsr, 
who rendered the word **MM$a M$tf ui t ** into the word ''i«m'* nerely-^ITaifc. Lm, 



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118 HlSTOBy OF NSW JBRSBT. 

the ofieers with means for traviiHing, Sot imprankig caxriageB mud qiiailer- 
log t^oopa. And aa thaaa were ^looctl matters, arising entirely wfdun thdr 
coiomesi- hia Majesty infiNrmed iiia 8ul]jectB»' tlmt he expected the charges 
thereof to he homie by liiein in th^ respectiTe proyinoea, whilst artides 
of more general concern wonld be charodd upon a common fund to be 
raised from all the colonies of North Amenca; towards which, the governors 
were severally requested to orge the Assemblies to txmtribiitetiberally^ u^til a 
union of the northern colonies,, for ge)ieral defence, could b^ effected. 

XV. The Assembly of New Jersey^ befere wh^ Governor Belcher laid 
these requisitions in Fetoiaxy,and who woe incited to prompt and liberal mea- 
sures by the solicitations of their constituents, praying^the muse tapass such 
bills as might be neoessary (in pn^>o^rtion with the oth^ colonies) to assist 
his Mi^esty in driving the French from thw fortificatioitt on the Ohio, and in 
defence of the frontiers, appropriated &fe hui^dred pounds for the subsistence 
of the royal tipops, during their march through the cdooy, and tranfl|)orta- 
tjon of tbeir baggage ; an^ also at the instance of Governor Shirley , passed an 
act to prevent the exportation of provisions, naval or warlike stores to aify of 
the French deminious. The Houseexcused themselves &om appropnednr 
a larger sum, under {vetence, dwt by a bill passed at a previous session, and 
s^ftt to England for the approbation of the King, they had granted for his 
Majesty's service, ten thoosAnd pounds. This bill provided for issuing in bills 
of credit, the ssum of seventy thousand jKxihds} and the House had just reason 
to bdieve, that it would receive the royal sanction, since they had die^asdenl 
of the board of traide and plantations, to issue sbcjhF thousand pounds, and the 
surplus was given to the national use. But the onjections to provindal paper 
currency in England, could not yet be overcome. ' 

XVI. MaJQr-gsaeral Braddock, Sir John St. Clair, adnitant-geoeral, and 
the regpnu^nts of Dunbar and Halkett, wluoh sailed from Cork on the 14th €if 
January, 1755, arrived ^eariy in Mardi at Alexandria, in 'Virginia, wh^iee 
they.marched to Frederit^town, in Maryland. The place of debarkation 
was adlected with tl^ i(p»rance and want.of judgment, winch then distin- 
guished the British ministry. The country c^uld frimish neither provisions 
nor carriages for the army, whilst Pennsylvania, rich in min, and- well 
stocked widi w£^;ons, could readily have supplied food -ana the means of 
tranqxtftation ; and fronrthLsnoQroe tbageneral, with the aid of Mr. Benjamm 
Franklin, drew finally the means of making the expedition against the French 
in the West. - 

XVIL A GOiventionortheGrovemors of New Y<Mrk, Massachusetts,* Mary- 
land, and Virginia, convened at Annapolis, to settle with Qeneral Braddock^ 
a plan of miUtary operations. Three expeditions were resolved on. -« The 
firsty against Fort Du Queisne, under the -command of General Braddock, in 
per^cHi, with the British treopis, and such aid as he could draw frt)m' Mary- 
land and VirginiA,-Hhe second, against Fopts Niagara fukd Ftontignac, 
under General Shiriey, with his own-and P^ypereli's regiments— 'and tfa^ third, 
originally proposed by Massachusetts, agamst CroWn Poidt, to be executed 
altogether wi& colonial troops fit)m I^w England, New York, and New 
JeoB(^, under Major-general William .Johnson. • 

XVllI. Whibt these measures were in embryo, an attaek conducted by Lieu- 
tenant-colonel Monckton, a British offioeis and laeuteqant-cdbnel Winslow, 
a major-general of the Massachusetts ipilitia, was miBHie against the French 
who had possessed themsdves of « portion of the country claimed by the 
English, for the province of N<»va Scotia. In little more than a month, with 
the loss of three nM»i, only, possession was obtained of the whole province 
aocording to the British definition of its boundaries. This easy ctxiqoest 
elated the cdomes, and produced sanguine anticipations of the results of their 



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H£3TQ^Y m NEW nSBSET. 119 

ftUue «ft>rli« Bot their piewQt aoeoiew wis difgn^ 
Uoa and BUGeryy scaxce pc^ralleled in modem k(u£)ry« 

The inhabtonte of Nova Sootift wens daiefiy of French descent By the 
treaty of Utrecht, (1713,| they were pennitted to retain. th(^ lands, taking 
the oath of aUegiaaee to their new sovereign, with th^ i|ualifiGati<m,.tfaat they 
should not be. ooinpeQed to bear anna, against tb^ Indian ^neighbours, or 
tfa^ coimtryn^; and this immunity was, at wtoeqiietii periods, assured to 
their childran.. Such was the notorie^of this con^Aot, that, fi>r h^a csn« 
tury, they had bcnrne the name, aj^d with few eioq^tjoos,- maintained tbe-eha- 
raoter of oeotrals. But* now, exc^ by this ancient love of Fralice^ J[>y their 
religioiis attaohmmite, and their ^bts of the Enffiish' rights, some of these 
Gm^^ industrious, and pious people, were seduced to take upiurms. Three 
hundred were found in the Ibrtrens of Beau Sc^our, at its capture, but it wast 
stipulated, that liley shoukl -be kit in tbe-same situation, as when the army 
srriy^d^ and ^o^ld not be punished for any thin^ tWey hful suhsckpiently done. 
Yet, a council' was'convcsied by Lawrence, L i eotaaant Qovemor of Nova 
Scotia, at which Admirals Bodoaw^ and Mi^yston asstoted, to detonmne the 
iate of these unfortunate^ people. Their dd^» were reqwed to take the oath 
of alk^gianoe to the. !&itisk monaroh, without the exen^^dcm, which, during 
pfty 9re$i»,-had been granted.to tbem>a|id their fathers. Upon thehr reiito^ 
idthoHgh, oiit <Mfa pepukukm of seven thousand, tlnee hundred tmly had bo^ 
arms, thecouiu»l res5]vedioen)^aUfk>m'their cotmtry, to c^ 
ftfoperty^ money alid household goods excepted, to lay waste their estat^, 
and burn their dw^Uinips* The public records' and mtinifneatil of titte. Were 
seized, and the elders of the peofde treacherously made prisoners. Gknrernor 
ijawrcnce, with great presumption,* and total iWegard ^.ther rights of the 
neighbouring pvovinoes, knpooed a heavy and durable burden upon thei% 
in the reception and maintenance of thisdsvo^ed race. In transpofting them 
to their several destinations, the <:harities of blood and affinity were wantoiU 
ly torn asunder* Parents! were separated from theii^ children— -and husbands 
fiom their wive8« Amoi^ many instances of this barbarity, was that of 
Bm^ Le Blanc, who -had been inqprisoaed^our years, by the French, ot^ 
aoQOunt of his Bnghsk attaehments. The family of this voaerable man, 
consisting pf iweiit3rcliildiaB, and about one hundbred and fifty grand<chiU 
dren, wSre.spiUtefed in di^rent colonies; and hims^, widi his wi^ "and 
two children imfyi wave put on ehond at New Yoric. 

. XIX. The province of Now Jersey, in a continental war, dreaded mctst, 
an attack from Canada, by the'way c^ New York, a^ scarce fek any ap« 
prehensiqfk of danger, finom the French and Indians on the C^ki^ TkeAssem* 
bly cordially apinroved of the j^ of operati(Hi' adopted sit Aimapolb, andv 
partiouWyoftheesqiMdition^^uiistC^ and reaolved, immediately^ 

to raise a battalion, of five, hundred men, fbr-the masntenanqe of whicli, Ih^ 
issued biDs f^ credit^. for £15,000, redeemal^ within five years. The 
governor nominated Mr. Pister Schuyler, with the rank of ooJonel, to tho 
oommand of this fiwrcef and that gentleman's popularity was sudi, that tlia 
battalion was not only prompCty- fiUed, bat a much larger number of men, 
presented tbaitMelvea ifor.eodifiimeot, than were required. The arms fivr 
these troops,^of which the colony was. almost wholly unpT0fv»(led, ware pro* 
cured from Virginia, at the cost of the AssemUy. 

XX* Genial Braddook having removed his army to Port Cumberland, 
on WiUs's Cteekf on his way *to the west, received there, his wagons, and 
other necessary supplies; and being, at length, aflermany delays, amply 
furnished with all the mtmitioDs he re^uii^, and also rdnforoed by a con- 
siderable body of Americans and Indians^, brokp lip his encampment on 
the 13th of June, and passed the Afleghany mbimtam, bX the ^ead of two 



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laO. fiiSTORY OF NEW JEBaBY. 

thOMtoMilwo hundiMiaeii. Q& mu^taag 4» i^^tld Meaikmi, fiifo ^)ii^ 
iiiarch .from Fort du Qu^sue^ he coiiydced ii oouneil of wwr, to comiiitf 
oaiuture opexatiooa* Colonel Wa^UAgtoo, wte> had eotored fab fiuohily, 
aa a votmiteer aid-de-camp, and who pess^sed a knomM^ of the coun- 
try, ^and of the natoe of thQ servioey hsid urged the tmhatitujdoii of pack 
hsones 1^ wagons, in the tranaportatioa of (be bagga^^ now Teniowed ^m 
«Ghrioei and eaittestly and aiKoesaiUUy rff^jfEnHieD^d, that the hevry anM- 
krf and stores «iiould remain witk the rear ^viaon, and fbUow by easy 
marohes, whilst a ohos^ body of troops^ with a few pieces of fight cannon 
iMid stores^ of absolute necessity, should press foxwapd to Fort du Queaae. 
ISf^ye hundied'm9n» and tw^ice psoes of cttinoi;^ b^ng o ets cte d, w«^ 
commanded by General Braddaek, in person*' Sir Peter -radkett, acted as 
brigadier, baring imder him Iieutenant*colooela Gage ai^d Burton, and 
U^ Spark. Thirty mgons) oa^^, indudkig; those with ammunition^ fol* 
lo¥^ the miuxsh* The residue of tbe^army remain^ under Ihe care of 
Cdonel Dunfaftr and Mi^r Cha{miaiu ' 

The bmefit of these {Hudeot measures was .lost by the festidionsness and 
pt^eflumption of the oommaoeder^nHsbief. Instead of pushing on with Tigour^ 
regardless of a Ut4e rough road, he hailed to level every molehill, and to 
tlmm badges prer every- brook, -emplojring four days to rea^ the gi>eat 
cra^ii^ of the Ydughiognny^ mn^een m^ from the Little Meadows^ On 
his march, he me^^ted the adi^ahtage his Indians aflbrded lam, o€ rebcm-i 
hoalerinc the Woods aiMi passages on the fr<»it and: flank, a^d even rejected 
the pnident suggestkmoif'Sir Peter Hialk^ on thissul^eot, with a sneer at 
his caution.* • * 

This oi«rweening confidence and xecU^ss temerity . were destined to m- 
speedy and falal reproof. f Haying ^crossed the Monongahela river, within 
sev^n miles of Fort du Qiiesne, wrapt in seeuiity, and joyoasly antkipating 
the cennng victory. Ins progsess was suddenly checked, by a dtetnietive 
fue, on the fipont and lefl flank, from an invimbte ^oemy. The van was 
thrown, into confiiskin; but the main body, ferndng three deep,- instantly 
advent* The cdnunandmg c^licer of the enemy having fallen^ it w^ sup- 
posed fitom the suspenskm of the attack>-th|it the assailants had dispersed. 
But the ddusion was inomaitary. The fire was renewed with great £^rit, 
and. onerring aim; and tbe.Bnglisb) bisholdaig their comrades dro^ aroond 
tbemr unable to. see the foe, or tell whence ita'r death, arrived, broke and 
fl^d in utter dismay. The geqieral, astdunded nt thi3 stxdden and unexpected 
attack, lost hts^sel^poasesBioQ, and neather gave orders Ibr a regular retreat^ 
nor for his cannon to adyan6e and scour the woods. He remained on the 
^fwt where he first halted, direotifi^ the troqM to form in reguliir phttoons 
against a foe dispersed tlmicigh the- forest, behind trees luid bushes, whom 
every shot did exeention* 1^ officers behaved admirably; but distijtfguish- 
ed by tieir dresses, ahd selected by the hidden marksmen, theysuflbrsd 
sevei^y ; every one to hotseback, except Wadungton, was killed or wound-' 
ed; he had two 'horses kiUed under him, andfonr balls through his coat* 
Sir Peter Halkett was killed on ihfi spot; and the ffeneral himself, htiving 
been five tunes dismounted, received d ball through vae ami, and lungs, and 
was carried firom the field of battle. Ife- surviv^ only four days. On the 
fixBt,-^he .was, totally silent^nBd »t night, <Hily ^said, - ^ Who wcftdd har© 
thought it?^ He was agAin silent until'a fetv minutes befbj« bis death, 
when he observed, ** Weshall belter know how to deal with thraa another 
time." 

The defeat was tbtai— the cailMige unuaually great. %(ty-four, out of 

* Manhall; Wath. Lett. i Mj9, 1765. . 

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fflSTORY OF NEW JERSEY, 121 

eightj-five officers^ and <»e-half the privates, were killed or wounded. 
Many fell by the arms of their fellow soldiers. An absolute alienation of 
mind, sennas to have fallen upon the regular troc^- In despite of the orders 
of the officer^, many gathered in squads of ten or twelve deep, and in their 
ocmfuaion, shot down the men before them; whilst the troops in line fired 
cm the provincials wherever they saw a smc^ce, or heard a shot from behind 
trees. Captain Waggoner, of the Virginia forces, who had taken an advan- 
tageous position on the fianky with eighty men, was driven from it by the 
Britbh fire with the loss Of fifl^.* Fortunately, the Indians were held from 
. pui^uit by the desire of plunder. The artillery and military stores, even the 
private cabinet of the commander-m-chief, containing his instructions, fell 
into the hands of the enemy, whose whole force was computed at three 
hundred men. 

The fiigitives continm'ng their flight to Dunbar's division, so infected it 
with their terror, that, though the en^vy did not advance, all the artillery and 
stores collected for the campaign, except those indispensable for immediate 
use, were destroyed, and tbs remnant of the army marched to Fort Cum- 
berland- The loss in this engagement would have been still greater, but {or 
the coolness and courage of the colonial troops. These, whom ^raddock 
had contemptuously pla^sed in his rear, so far from yielding to the panic 
which disordered the regulars, o^red to advance against the enemy, until 
the others could form and bring up the artillery ; but the regulars could not 
again be brought to the charge, yet the provincials actually formed and 
covered their retreat. The conduct of the Virginia troops merits the great- 
est praise. Of three companies brought into the field, it is said, scarce thirty 
escaped unii\jured. Captain Peyroney and all his officers, down to the cor- 
poral, were killed. Captain Poison's company shared almost as hard a fate; 
the captain himself being killed, and one c^cer only escaping. Of the com- 
pany of light-horse, commanded by Captain Stewart, twenty-five out of 
twenty-nine were slain^f 

This misfortune is solely to be ascribed to the misconduct of the general. 
Presumptuous, arrogant, and ignorant, he had no quality save courage to 
insure success. Unacquainted with the country, and the Indian mode of 
warfare, he neglected the suggestions of the Duke of Cumberland, whose in- 
structions seem predicated on a prescience of his coiiduct, and the advice of 
his American officers, to employ his Indians in guarding against ambush and 
surprise. He neglected and disobligBd the Virginians, and behaved with in- 
supportaUe haughtiness to all around him. With a lethargy in all his 
senses, produced by self-sufficiency, he led his troops to be defeated and 
slaughtered by a handfiil of men, who intended only to molest their 
Diarch.:^ 

Dunbar proposed to return with his army, yet strong enouj^h to meet the 
CTiemy, to Philadelphia; but consented, on the remcmstrance of the Assembly 
of Pennsylvania, to keep the frontiers. He requested a conference with 
Governor Morris, at Shippensbui^; but Governor Shiriey having succeeded 
to the chief command of the forces in America, though at first he directed 
Dunbar to renew the enterprise on Fort Du Quesne, and to draw upon the 
neighbouring provinces for m&n and mumtions, chan^ his mind, and deter- 
mined to employ his troops elsewhere, leaving to the populous provinces of 
Pennsylvania, Maryland, and Virginia, the care of their own defence. 

* Penn. Becordi. 
t Penn. Gaz. 

t Modern Univ. Hi»t. Mawhall. Franklin. Richard Peteri' Report to Conaoil. 
W. Shirley's letter to Gortmor Morrif. See note Z, Appendix. 

Q 



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nn fflSTORY OF NEW JERSEY. 

XXI. The clefeat of General Braddock, wholly QDex]pecfed^ prodooed 
great consternation throughout all the colonies. Upon receipt of intelli- 
sence of this extraordinary event, as Governor Belcher properly termed it, 
fie sAimmoned the Assembly of New Jersey, to meet him on the Ist of Au- 
gust; but it was not until the approach of winter, that they became fully 
eware of its disastrous consequences, and began to prepare against them. 
The enemy, lomg restrained, by fear of another attack, could scarce credit 
hk senses. When he discovered the defenceless state of the frontiers; and 
now roamed, unmolested and fearlessly, along the western lines of Virginia, 
Ma^land, and Pennsylvania; committing the most appalling Outrages, and 
wanton cruelties, whidi the cupidi^ and ferocity of the savage could dictate. 
The first inroads were in Cumberland County, Pennsylvania, whence, they 
were soon extended to the Susquehanna; and thence thltMigh Berks and 
Northampton Counties, across the Delaware, into New Jersey. New hor- 
rors were given to these scenes, by the defection of the Shawanese and Dela- 
ware Indians, who' had hitherto contitlued feidifui, and had tefieatedly 
solicited employment against the French and their allies, with threats, that 
unless engaged with the English, they would take part against them. These 
threats had been humanely^ if not wisely, withstood ; and now, irritated by 
the love of blood, and of plunder, and the hopes fed by the French, of re- 
covering the lands they had sold, these savages openly joined the foe. To 
the perversion of these tribes, the Delaware chiefs, Shingas and Cn^ftixin 
Jacobs, were highly instrumental. They -had been loa^^ with presents 
and fevours, by the proviiKsial authorities of Pennsylvania, and the principal 
inhabitants of Philadelphia ; and their defection and perfidy, justly awakened 
the anger of the citizens of that province ; who, ¥ath the approl»ticMi of the 
governor, proclaimed a reward of seven hundred dollars for their heads* 

In the month of November, the^ barbarous wretches laid waste the set- 
tlements in Northampton County, not sparing even those of the Moravians, 
who had ever treated them and their brethren, with the greatest kindness. 
Gnadenhutten, on the Lehigh, was attacked, and several of its inhabitants 
slaughtered ; and the other Moravian stations s6on shared a like fete. A 
letter from the XJjaion Iron Works, New Jersey, dated BOth December, 1T65, 
says, " the barlrarous and bloody scene, which is now dp&t in the upper 
parts of Northampton County, is the most lamentable, that has peiiiaps ever 
appeared. There may be seen horror and desolation; populous settlements 
deserted — ^villages laid in ashes— men, women and children, cruelly man- 
gled and massacred — some found m the woods, very nauseous, for want of 
kiterment — some just reeking firom the hands of their savage slaughterers — 
and some hacked, and covered all over with woonds.'^ To this letter was 
annexed, a list of seventy-eight persons < killed, and more than forty settle- 
ments burned. 

A letter from Easton, of the 25th of the same month, states, that " the 
country, all above this town, for fifty miles, is mostly evacuated and ruined. 
The people have, chiefly, fled into the Jerseys. Many of them have threshed 
out their com, and carried it oflT, with their cattle, and best hous^old goods; 
but a vast deal is left to the enemy. Many offered half thw personal dlects, 
to save the rest ; but could not obtain assistance enough, in time to remove 
them.' The enemy made but few prisoners; murdering almost all that fell 
tiito their hands, of all ages, and both sexes. All btisiness is at an end ; and 
lAub few remaining, starving mhabitants, in this town, are quite dejected and 
dispirited." 

The panic, which i(M«ran the savage, monsters, seemed to deprive their 
prey, of the means of concerting defence and retaliation. And the farmers, 
intoxkated with hojpe^ or stupefied by fear> suflered the invader to i^proach 



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BiSTOBY OP NEW JERSEY- 128 

their aoUtary and imdefoided homesteads, without an effinrt to stop them on 
the way» This was the e£kcX of a long period of peace, and the consequent 
total inexperience of warftre, as well as of the manner by which the assail* 
ants conductad their attacks* They wandered over the country, in. small 
parties, concealing themselves, whilst danger was near, and pouncing, sud* 
denly, upon the un{ttepared^ gep^Uy during the darkness of the night; 
they made undistinguished slaughter; and frequently consumed their vie* 
tims, upon the funeral piles fom^ of their dwellings. This senseless> and 
emasculating fear, seems to have spent itself, on the right bank of the De« 
laware. ^ ^ ^ 

The inhabitants of New Jersey, roused hy the sufferings of their ndgh* 
borars, pn^red seasonably, not only to reast the foe, but to protect their 
finendSf Aaumg the energetic citizens of Sussex County, Colonel Jolm 
Anderscm was most conspicuous. With four hundred men, whom he col- 
lected, be aeoured the country, mardied to the defenoe of Eastou, and pur- 
sued the dastard enemy, unhappily, in vain. The governor promptly des- 
patched troops from all parts of tli^ piOvinoe, to the defence of its western 
fionti^; and the weidthy inhabitants advanced the iunds requisite for their 
maintenance, until the Assembly, in the middle &[ December, took such 
troops, upon the provincial establishment, and recalled, their battalion, under 
Cokmel Schuyler, firom the northern servibe,. where it was then idle; and 
placed them, also, on the frontier. To meet the expanses thus inourred, 
the fibuse, though greatly chagrined, at the rejection, by' the King, of their 
hill, lor a paper currency, voted £10,000, In such bills, redeemable at the 
usual period of five years.* 

XXII. The troops destined ibr the northern expeditions, assembled at 
Albany, on the close of June, but were not equipped ibr the field, until the 
last of August. Geneml Johnqon proceeded to the ponthem shore of Lake 
George, on Ua way to Tkx>^deroga, where be received iitifonpation of the 
approach of Baron Dieskau, at^ the head of twelve hundred regulars, and six 
hundred Canadians and Indians. , He detached Colonel Willmras, with one 
thousand men^ to reoonnoitre, and to skirmish with the enemy. Engaging 
with the foe, the detachment was overthrown,- put to flight, and its con*- 
mander killed^ A seoond detachment, sen;t to tl» aid of the first, experieooed 
a- like fate:, both were pursued to the camp, where.they found slwlter, be- 
hind a breast-work of Men trees, which the American army had thrownup, 
in its fironi. The artillery^ which had lately arrived, was served with effect; 
and though the Barpn advanced firmly to the charge, his militia and Indians 
desMted him, and he iras comp^ed with his regulars to retreat. In the 
pursuit, which was close and ardent, Dieskau, mortally wounded and aban^ 
dooedf was made prisoner. A scouting party, under the command of GEtp- 
tains Folsom and Maginnis, from Fort Edward^ fell on the baggage of the 
enemy, routed the guiura, and immediatdy after en^;aged with the retreating 
arn^; which, surprised by an enemy whose force it did not know, fled pre- 
eq;>itately towards the posts on the lake. This repulse of Dieskau, thcMigh 
not followed tip by Johnson* was magnified hito a Splendid, victory; served 
in some measure, to relieve die efliect of Braddock'a defeat, and procured the 
fortunate general, a (MPesent of five thousand pounds sterling, from the Hpuse 
of Commons, and the title, of baronet, from the King. This army was soon 
aft^ diseharged, with the exception of six hundred men, retained to garrison 
Forts Edward and William Henry. The French seised and fortified Ticon- 
deroga. 

G^ral Shirley, at the head of the expedition against Niagara and Fron- 



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124 HISTORY CfP NEW JERSEY. 

tigDAC, did not reach Osw^, on Lake Ontario, until late in Aiqjaflt* Hk 
force consisting of abont tlurteen hundred r^ulars, and one hundred and 
tweikty militia and Indians^ he divided; etnbiu'king between six and seveo 
hund^d men, for Niagara, and kaving the lemamder at Oswego. But be 
had scarce embark^, before the rains set in wkh fury, and his Indians, dis- 
couraged, dispersed. It was apparent, that the' season was now too &r ad- 
vanced for the accomplishment of his design, which, by the advice of a 
council of war, was abaodcmed. A garrison of seven hundr^ noen was left 
at Oswego, to complete the w;orks, ami the general returned to Albany. 

XXIII. The marauding parties of French and Indians hung on the western 
frontiers during the winter. To guard against their devastations, a chain of 
forts and block-houses, w^re erected by Pennsylvania, along the Kittatiuiy 
or Blue Mountain, from the river Delaware to the Mar3rland line, command- 
ing the principal passes of the mountains. In New Jersey, forts and blobk 
houses were also erected along the mountain; and at favorable points on the 
east bank of the Delaware river. Although the inroads of the savages across 
the river were infrequent, yet the fear which every one cm the frontier felt, 
that his midnight slumbecs might be broken by the i^rarwhoop, or that his 
dwelling and out-houses might be consumed before the morning's dawn, was 
suffident to disturb the repose of the most courageous. Many left thdr 
honoes, and all called loudly upon the Assembly for additional means of d.e- 
feaoe. And in the spring, when the Jersey regiment was again to proceed 
to the north, the House authorized the enlistment of t^ro hundred and fifty 
volunteers, to supply dieir place and that of the militia on the frontier. Two 
hundred of this force were also destined to unite with any troops that might 
be oi^nized by other colonies, for pursuing the brutal enemy to his den, 
and making him, in the sufterings of his wives <and his xhildiren, foel the 
horrors which ^he had delighted to inflict. The provincial force on the 
frontier was, subsequei^y, increased, and the whole was commanded by 
Cok>nel De Hart. 

XXrV. Governor Shirley, having been appcnnted commander-in<hi^ 
summoned, in the spring of the year 1750v the governors of the northern 
and middle col<Hiifls <or settle the plan of the ensuing campaign. The council 
resolved on raising ten thousand two hundred and fifty mpn ; to attack Nia^ 
gara, that the communication bel;ween Canada and Louisiana miffht be cut 
off; to reduce Tioonderoga and Crawn Pmt, that the command of Lake 
Champlain might be obtained, and Nettf York be freed from the apprehen- 
sion df invasion; to besiege Fort Du Quesne ;- and to detach a body offerees, 
by the river Kennebeck, to aUirm the capital of Canada. This plan was too 
extensive for the means which General Shirley possessed ; and served only 
to dissipate the strength, which more concentrated ^>rts might have ren- 
dered serviceable. 

In enlisting troops for the approaching campaign, the recruiting; parties in 
Pennsylvania and New Jersey, gave great oflfence to the -inhabitants, by the 
Tecention^ if not, the seduction of their indented servants; and the Assembly 
of the latter province threatened to >dis6ontinue the raiment they had fur- 
nished, unless this grievance were redressed. Circumstances, however^ did 
not admit the dischaj^ of such recruits to any great extent; of which the 
House, becoming sensible, it appropriated £15,000, for the maintenance of 
that regiment for the ensuing campaign. GsLtraordinary inducements were 
oftred at this time, for enlistment in the royal regiments. The recruits ^<ere 
exempted from service any where bpt in North America, and were promised 
a bounty of two hundred acres of land, free from quit-rents, fbr ten years, 
either in the province of New York, New Hampshire, or Nova Scoda, at 
their option; to be assured, in case they should be killed in the servke, to 



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HISTORY OP NEW JERSEY. 125 

their dhilchren. AAA to sdmiilate the proviiioes to liberal approprktioiKE^ as 
oqcesion might require, Parliament .voted fllS^OOO stealing, to be distri- 
boted at the King's pleasure, am<^ the northern and middle provinces, of 
which New Jersey received five thousand poimds. 

XXV. -Thoi^h France -and England had been cfngaged in the warmest 
hostilities, in America, since 1754, the peace was not openly and i^vowedly 
broken in Europe, un^ May, of the- present year. The events in America, 
m^ 1754, had d^eitnlned each to despatch considerable reinibrcements to the 
oolonies. The Frramh, understanding that orders had been given to Bosca- 
wen, to intercept ^leir squadron, declared they would .consider the first gun 
fir€^ as a declaration of war; and th^ mtnister was recalled firom Lon^ui, 
intensequence of an atlack upon their .fleet) by that admiral. The Br^i^ 
government instantly issued letters of marque, under which a lai^ number 
of French merdiant slups, and seven thousand Frenoh sailors, were captured. 
A bbw whi<!h had great eSkci upcmthe subsequent OpeiaticMiis of the war, in 
Europe and Ameri^. • •.. 

XXVI. EitKbr from want of confidence in the military talents of General 
^lidey, or that, he micht give them informaticm on American-afiyrs, the 
nanistry removed him firom* 4iis commfemd, and summoned him to England. 
General Abercrombie succeeded him ; with whom came out two adc&onal 
raiments. But^ the chief direction of the war was soon afler given to the 
Earl of Loudon, who was a[^)oinled governor of Virginia, aiKl colonel of 
the royal Americwi regiment, which had been lately formed firom ^ 
German emigrants 

XXVII« In the mean time. Sir William Johnson bad suoceeded, by t}ie 
mediation of the Six Nations, Iq disposing the Shawanese and Ddawares to 
an aocoimnodatkni. Hostilities against t^m were suspended, and the treaty 
of peace was soon afier ratified at Gaston. Thiswas the withdrawal of one 
pamfiil thorn firom the odd of the amnios; and the chastisement inflicted by 
Colonel Armstrong of Pennsylvania,* by the destruction of the den of the 
boarde, at ' Kittanning, soon extracfe^ another* The conflagration of that 
,town, and slaughter of the Indian familiea there, was a severe stroke upcm 
the savages* llitherto^ the En^iah had not assailed them in.their towns, 
and they fancied, woidd not venture to approach them. But, now, though 
urged by unquenchable thint of vengiBanoeto jretaliate the blow, they 
dreaded, that, in their absence <m war parties^ their wigwams might be re- 
duced to ashes. Sueh of them as belonged to Kittanning, and h^ escaped 
the carnage, refused to settle again on the east of Fort Du Quesne ; resolving 
to place Unit fortress and the French garrison between themselves and the 
English. , 

XXVIII. Of the many enterprises resolved on by General Shirley, several 
were unattempted ,* noae wer^ saccessflil. Notwithstanding ^ exertions in 
the norfhem provinces, the recruiting service moved heavily. Much time was 
- lost by the change of conttnanders; and the season for operation was nearly 
hfl^ spent, before the arrival of Lord Loudcmtf No preparations were made 
against Fort Du Quesne. Hie colonies of Vbginia, Maryland, and Penn- 
sylvania, far firom pursuing ofiensive measures, 4irere unable to pro^t them- 
selves. Thoeaqaedition amnst Ticonderoga and Crown Point, was confided 
to General Winslow, who had won golden (^ini<»is during his last campaign, 
in Nofa Scotia. Seven thousand provincialists had assembled near Ldce 
George, but their number was reduced by subtractions for the garrisons in 
their rear. Winsbw refused to proceed without r^fbrcements ; and though 
soon after strengthened by some British troops, under General Abercrombie, 

""B^rteiaberdtiiylTSe. 

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18t HISTORY OF NEW JERSEY. 

he was perplexed and embarrassed by disputes relatiiFe to nnkf which gtew 
out of this junction. The regulatiovis of the crown, on this subject, had 
given great aSence in America; and such was the reluctanoe of the provii^ 
cialists to serve binder British officers^ that, in the.present case, in order \p 
enable the troops to. aet, e^wrateiy, the Americans were withdrawn from the 
garrisons to the army, and their places supplied with British forces. The 
expedition to Ontario was r^dered hopeless by the soooesaes of the Fr^ich 
under Montcahn, who had captured the forts of Ontario and Oswego,, situate 
on either side of the Onondago river, at its junction ^rith the lake. These 
forts in the country of the Six Nations, he, with sound policy, destrojred, in 
their presenoe. At the capture of Osw^^, Colonel Schuyler, and half the 
Jersey regiment, which formed part of the garrisoQ, were made prisows 
and sent to Canada; from whence they were not released, until the end of 
the campaign, and Xhen on parole, not to serve for eighteen months. The 
legiment was, however, recruited .to its original state of five Itandred meo^ 
at the expense ofjiie province, early ia^he ensuing spring. 

Discouraged and discODoeited by these events, Loudon relinquished all 
ofiensive (operations, and disposed his troops for the defenoe of the frontier 
Renewed effiurts to increase his force were rendend abortive by the appear* 
aooe of the small-pox at Albany. The troops whic^ were on the march 
from New England, and the army at Lake^ George, were panic-struck by 
the irruption of an enemy more dreadful than the French; and it became 
McesMury to garrison all the po^ with British troc^, and to. discharge the 
provincifdi^ excepting one regiment raised in New York. Thus t^rmi* 
nated, for a second time, in d^at and utter disappointment, the sanguine 
hopes, formed by the cokmists, of a brilliant and successful campaign. Much 
kbour had been employed, and much money expeiklec}« in coU^sting^ by 
land, from a great distance, troops, provisk«s, and military stores, at Alba^ 
ny, and in transporting them through an almost unsettled country, to Lake 
George; yet not an effi>rt had been made to drive the invaders even from 
their outposts at Tioonderoga. . 

XXIX. The treaty with Teed3ruscung, had neutralized the jDelaware and 
Shawanese tribes on the Scnquehanna, but the country was still exposed to 
the inroads of the Prendi and western Indians, who, growing confident 
from the late disasters of ^the English, roamed, in small parties, avoicfing or 
atlftcJring the forts and armed provincialists, as they judged most safe. The 
ooimties oC Camberiand, Lancaster, Berks, and Northampton, ia Pis&nsyl- 
vania, and, occasionally, a part of Sussex^ in New Jersey, were, during the 
spring and summer mcM^ of 1757, kept in continual alarm, and some of 
the sodping parties penetrated to trithin thirty miles of Philadelphia. Many 
of these vnrelches paid with their lives, the just penalty of their temerity* 
But their sHflerings were not comparable with those of the unfortunate jn- 
faabitants. Incessant anxiety pervaded every fionily in the districts we have^ 
named ; their shimber was broken hy the yell of demons, or by dread of 
attack, scarce less horrible than their actual pvesenoe. The ground was 
pfooghed, the seed ^own, *and the harvest gathered) under the fear of the 
tomcdiawk and rifle. Wom^ visitiBg their sick ne^bours, were shot <Hr 
captured; children, driving home cattle from the field, wero killed and 
scalped; whilst the enemy, dastardly as cruel, shrunk from every equality 
of force. Many of the richest neighbourhoods were deserted, and property 
of every kind abandoned : extraordinary heroism was ^r^uently displayed 
by men, women, and children, in defence of . themselves and thdr hoines, 
and ia pmrsiiit of, and oon^bat with, the enemy. There was certainly great 
want of ability and energy in the constituted authorities, British and Provin- : 
cial. United councils, a^ well directed etfifia, would have drivon the bar- 



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HISTORY OF MEW JSBSBY. 13T 

bwfiaii9 to their saTage hatmts, and repealed tke chaatSsenicot, admioistered 
at Kjttaimuig, until .they aued for peace. The Assembly of New Jersey^ 
however^ was Hot regardless of the danger and stifierings of h&c frontier citi- 
^ MfiDSy and kept on foot, for their protectioti, a body of rangers, oonnjating of 
one hundred and twenty men, under Captain Grardiner ; who, though uey 
ooold not prevent occasional invasions of the foe, gave as much security to 
the frontier as ciroumstanoes would admit* 

XXX. Lord Loudon, in the middle of January, summoned the Governors of 
the New Bnglapd provinces to New York. In no very good humour he attri- 
buted to them, the disasters of the late campaign. *^ Their enterprise against 
Crown Pomt," he said, ^ had wA been timdy communicated to the ministry; 
thtk troops were inforiar to his expec^taticvis, disposed to insubordination, and 
less numerous than had been promised; the true state of the forts and gar* 
risons had not been reported to him, and the provincial Legislatures had 
given him votes, instead of men and money.'' He concluded this reprimand 
with a requisilion for additional troops from New EnghuKd^ New York, and 
New Jersey. The spirit of the colcmi^ts, however, was not to be broken by 
misfortune, caused by the incapacity of the minify of the garrat state, and 
her delegated satrap$, nor to be perverted by unmerited reproaches. Hia 
demands were^ generally, cornplied with ; and he was placed, in the spring, 
<at the head of a respectable army^ to tempt his fortune under -his own star. 
The New England provinces exerted th(em8el\'es greatly at thi» time, and 
authorized a drafl, or coDseripti<m, should their quotas not be completed by 
vohmtary enlistment The force re<}uired frmn New Jersey was one thousand 
men ; but the Assembly conceiving five huiidred to be their fuU proportk)n, 
refotod to do more than complete their regiment; and in an answer to the 
proposal of Governor Belcher, that they should, also, authorize a drafl, they 
peremptorily declared by a vote bf 12, to 7, **that they were determined not 
to oblige or compel any of the inhabitants by force, to serve as soldiers." 

XXaL The &Mures of the past year were attributed to the multiplied ob- 
jects of the campaign,' and the consequent division of the forces. Unity of 
design, and cimcentration of the troops, it was presumed, would ensuie suc- 
cess. It was therefore resolved, that liouisbiirg should 1)e attacked; and 
Hall^ was fixed as the rendezvous, of the fk^et and army. Eaiiy in July, 
Admiral Holbum arrived there witha large squadron of ^hips and five thou- 
sand land forces; and after many ddays, was joined by Lord Loudon,- with 
six thousand r^ulars. Much was properly anticipated front this fbnnidable 
armament, but the procraatination of the commander-in-chief docnned the 
country to severe disappointment. For before his poeparations were com- 
I^eted, the French had occupied Louii^rg with a superior force, despatohed 
from Brest, asainst which hw^ lordship was not dbposed to make an effort. 

XXXn. Tne enemy, however, was not sk>w to avail himself of the ad- 
vantages which might accrue to him by the withdrawal of the British troops 
from the northern fjpontiers of New York. Montcahn, at the head of nine 
thousand men, drawn principally fVom Crown Point, Ticonderoga, and the 
neighbouring fotts; witth some Canadians and Indians, invested Castle Wil. 
liam on the southern shore of hake Geoi^. The place was garrisoned by 
three thousand men, including die unfortunate Jersey regiment, was well for- 
tified and supplied with necessaries, but Cdonel Monroe was compelled to 
surrender it within six days aAer its investment. Montcalm's triumph was 
stained by the barbarities of his Indian allies, and though ^ exerted himself 
to protect his prisoners, the massacre of many of them will ever be coupled 
with his name. Major-general Webb made strenuous exertions to relieve 
the fort by arousing the militia of New York and New Jersey. From the 
latter province, one thousand men were dwpatcbed, and three thousand were 



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128 HISTORY OF NEW JBfilflEY. 

It in reaidliiiGSi tovuircbi should they.berequured. By these x^D&acemt&oiB 
was ennbled to hold Fort Edward, check the progress of the enemy, who 
retired when he had learned the retom of Loudon to New Yotk« The P^ew 
Jersey regiment with other prispners were released^ and returned to .New 
York under par(^e, not to serve again during eighteen Qoonths, and being thus 
rendered useless, were, at the instance of the Assembly^ disbanded. This regi* 
ment, since the cloture of Colonel Schuyler, had be^ commanded by Cj^ 
nel P^ker. 

XXXIII. On August 81 , 1757, died Governor Jonathan Belch^, in the 7^ 
year of his age. His health had been so infinn, during the preceding two 
years, that he summoned the Ass^nbiy to attend, him at Mzabethtowb, much 
to their dissatisfiiction. The House serened apprehenaiveofb^ngn^ade a nare 
satellite of the Executive, to revolve around h)m, in "whatever sphere he chose 
to move, and they ther^ore attended Governors- Morris and Belcher, even 
when illness prevented these officers from getting to BurUngton, or to.Amboy 
with great rductanoe ; protesting at all tones, thieit their aoquiesoeqce shoud 
not be drawn into precedent; and they explicitly refused to adjourn from 
Burlington to Trenton, on the request of his successor Mr* Readington, al- 
though his health also required this indulgence* 

Governor Belcher was a native of New England, and inherited, in early 
youth an abundant fortune, which enabled him to visit Europe, and to mingib 
extensively in good ^ociety^ until lavish expenditure dissipated his wealth* 
He joined the popular side in the colony of Massachusetts, in the long con- 
test with Governor Burnet, on the questibn of fixing his sfdary, for an ind^ 
finite time, and was sent as an agent of the Assembly to represent their 
views to the Kii^. Upon the death of Governor Burnet he was appointed 
to succeed him, 9ad then maintained the pretension of his predecessor, which 
he had been employed Ux repels and with the like ill success. His adminis- 
tration af Boston was distinguished by his taste for ostentation, and his 
imperious deportment, and he fiiuilly so disgusted the influential men of that 
government, by rejecting s^eral respectable persons nominated to the coun- 
cil, that they successfully united to eflect his removal. He afterwards re- 
mained several years unemployed, until he vras named to the government of 
New Jersey. " He was now advanced in age, yet lively, dili^nt in iiis sta* 
tien, and ciroumspect in his conduct, religious, generous and afiable. He 
afiected splendour, at least equal to his raiSc and fortune: but was a man of 
worth and honour, and though^ in his last years under great debility of body 
from a stroke of tl^ pajsy, he bore up with firmness and resignation, and 
went through the Ini^ess of his government, in the most difficiut part of the 
war, with unremitting zeal in the duties of his office."* 

XXXIV. By the death of Mr. Belcher, the administration of the govern* 
ment a^ain devolved on Mr. John Reading, the first named of tl|0 counsellors ; 
who being aged and infirm, at first refijused, and finally assumed, its duties 
with great reluctance. For the sp.ace of more than a month, the government 
was directed by the whole council, at whose instance, on the. application of 
Lord L6udon, the Assembly ^roied one hundred rangers, to be employed oa 
the firontiers during the winter season, f 

• Smith's Hist. <^N. J. 438. . 

t The captain of this company received six shilling the lieutenants five, Ser- 
jeants four, corporals three and six pence,' and the private soldier three shilling per 
day. And each officer and soldier was furnished at colonial expense, with a blanket, 
a half thick under itoket, a kersey jacket lapelled, buckskin breeches, two check 
shirttf^ two pair of shoes, two pair of stockings, a leather cap, and a hatchet; and 20 
shillings was allowed to the captain for each private he should enlist 



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HffiTORY OP NEW JBB^BY. 139 



CHAPTER IX. 



Ckmtaining EvenUi from the Preiidency of Mr. Reading to the repeal of the Stamp 
Actr-from the year 1746 to th# year 1766.— I. Influenoe of Mr. Pitt and hui 
Poliisy npon Colonial Affiurs — ^New hopes infiuied into the Coloniats. — IL Suc- 
cessful Attack of the English upon the Northern Forts.— III. Capture of Fort 
Du Quesne hy General Forbes.— IV. Cheerful and ready aid of the Colonies. — 
y. New Jersey supplies one thousand Men. and builds feurracks for the King's^ 
Troops. — VI. rresident Reading superseded by the. arriyal of Qovemo^ Ber- 
nard — His treaty with the Indians^-Suooeeded by ^houias Boone-^He, ^ Jouah 
Hardy— He, by William Franklin, the last of the Royal Governors.— Vll. Effi- 
cient Prepsjrations for the Campusn of 1759. — VIII. t^nquest of the French 
GohHiies m North America. — ^IX. I&nourable dtare of the Proyincialists in this 
Result— X. Treaty of Peace with France and Spain.— XI. New OnoMmtm and 
Hostilities of the Indians — Six hundred Troops raised by New Jersey^-^-XI]!. Im- 
pressions on the English Ministry, by the Wealth and rower displaired in Ame? 
riea. — ^XIII; Proposition of Mr. urenville to tax the Colonies.— XlV. Conside- 
ration of the Principles relating to Colonial Taxation.— XT. Mr. Greriville 
. eommmunioates his puriMve to the Colonial Agents in Londonl-^XVl. Views 
taken by Colonies of this Proportion. — XVII. Propositions by sertreral of the 
Colonies to raise Money, rejected by Mr. Grenville. — Xyln. Act of Parliament 
for Taa^ on Colonial Imports and Exports.— XIX. ^ Efiect of the Measures in 
AmiBrica— Proceedings oi Massaohosetts and Rhode Island'.— XX. Stamp Act 
passed— Its reception in the Colonies.— XXI. Temporary so^iension of le|{al 
proceedings and of the publication of Newspapers. — XHh Anti-Impttrtatioa 
Associations.— XXin. Organization of the " Sons of Uberiif" — XXIV. Pronosi- 
Ition of MassachtiMtts fbr assembling a Congress of Deputies flrom the Colonies — 
Action of New Jersey on this proposition. — XXV. Proceedmgs of tiie Con- 
l^eiBs^Messrs. Rubles of MfMisachusetta, and C^den of New Jersey, reftwe to join 
ma Greneral Petition. — XXVI. The Assembly of New Jersey approve the rro- 
c6edings of Congress— adopts Resolutions condemnatory of the Stamp Act. — 
XXVII. £ffi>rts m England for Repeal of the Stamp Act.— XXJX. Inquiry be- 
lore the.House of Commons-^-R^peal of the Stamp Act. 

I. With the opening of .the year 1758) a neW era dawned upon the colo- 
niesy which were roused fcom a state of apathy by this ¥i»oe of WilUam Pitt* 
The enterprise, judgment, and ^rmness, which h^id raised England frcnn the' 
dep^ of humility, were now employed for the reduction of the Ammsan 
contin^U The plan of the campaign waa wisely fnatoed^ and Gomm^ted 
for execution, to men who had re|>utation8 to lose and fortunes to gain* 
Loudon was recalled. Aberoropibie eommajided in chief^ with Amherst for 
his second, aided ,1^ Brigadiers Wolfe and. Forbes. The .fleet, oonaisting 
altogether of one hundred and fiily sail, was commanded bv fioscawen. 

II. The de^gaated objects of die campaign were Lomeipurg^ the forts on 
the lakes, and Fort du Quesne. Major-geperal Amherst, wim twelve thou- 
sand men, aided by the fleet, laid mege to the first, early in June; and ciq>- 
tured it, ailer an obstinate defence of seven weeks. G^ral Abercrombie» 
with seven thousand regulars and ^ ten thousand colonial troops,- undertook 
the expedition against the northern forts. He first attempted that at Ticon- 
deroga, which iiad been reared by the French. in 1756, on the narrow neck, 
of land dividing Lake Geojrge from Lake Chomplain. Its po6ition» strong 
by nature, was well secured by art, and by a garrison of five thousand men. 
Relying on his superior force,, the British general made his attack without 
artillery, which, from the badness of the roads, could ;iot keep pace with the 
army. He was repulsed with the loss of two thousand men, .chiefly killed; 
among whom were Brigadier-general Lord Howe, and many other officsera 
d'distmction. Though stUl superior to the enemy, he made. a hasty ret^reat; 

R 



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UQ HJBTOBY OP NEW lERSer. 

bot oompeoeated for this ill-timed pnutenoet by the oaptuie of Foit Fron- 
tignact situate on the north side of the river St. Lawrence, at its entranice 
from Lake Ontado; commanding the river, and serving as^ magazine for 
the more southern castles. The' garrison consisted of one hundred and ten 
men only; but the fort contained a large-^tockof anns, stores, and provi- 
sions for the western poets. Nine armed vessels, some of which carried 
eighteen guns,. were also taken. The«nte]^)ri9e was projeeted and executed 
b^r Lieut^iant«cok)nel Bradstreet. 

III. The reduction of Fort Du Quesne was c(mfided to Brigadier-geDeial 
Perbes, with a detachment from General Abercromlue's army, strengthened 
by the southern nnihtia; the whole computed at seven thousand eight hun- 
dred and fi% men-* Ife bc^;a& his march from Carlisle in the middle of 
July, to join Colonel Bouquet at Raystown; who, with two thousand five 
hundred tnep, was advanced to Loyal Hanna, fifly miles furth^ to the west- 
wards The march of the main body was delayed until Septembei, in eon- 
sequence of* the difficulty in procuring carriages and military stores^ and of 
the tardiness with which the orders to the Virginia regulars, under Colonel 
Washington, had been given. In the mean time. Major Grant was detached 
by Bouquets with eight hundred mea, to reoonnoiue the fort and adjacent 
country. . Ko was attacked, surrounded by the enemy, and lost above three 
himdred men, killed and ta^en, and was himself amo^g the prisoners ,- the 
renminder retired in great confusion»t- Colonel Bouquet still continuing at 
(iayal Hw^ajt the en^em^ resolved to, attack him, in. his camp. Afoite, estl- 
maled at twehfo- hundred Fr^nch^ and two hundred Indians, commanded by 
De Vetri, assailed him on^ the eleventh of October with great vivadty, but 
was compelled to draw off with considerable loss, aAer a warm con^ of 
four heurs^ A second attack was made during the mght,..biit some shells 
tlu^wD from th^ camp compelled them to retreat The loss qf Colonel 
Bouquet amounted to si!rty-seven rank and file, killed and wounded* Upon 
the twenty^third or twenty-iqurtb of October, Grcneial Forbes proceeded from 
Raystown to Loyal Hanna« He continued there until the seventeenth of 
November. . On the twelfth of that month Colonel Washington, being out 
with a acQUting party, fdl in with a number of the enemy about three miles 
ficom the campt whom he attacked, killing one, and taking three prisoners: 
among the la^ was one Johnson, an Englishman, who had been captured 
by the Indians in Lancaster oounty, from whom was derived fUU and correct 
iafenmHien of the state of the ganrisoa at Du Quesne. A most unfortunate 
oecln^DBUce happened to jthe provincial^ up<m this occasion. The fire of 
Washington's party bein^ heajrd at the camp. Colonel Mercer, with a num- 
ber of Virginians,^ were, s^ot to his- assistance. The two parties approach- 
ing, in the dnak of the evening, re^prooally mistook each other for enemies; 
a number of shot ^^tB exchanged, by which a lieutenant and thirteen or four- 
teen Virnntans were killed. On the thirteenth of November, a force of one 
thousand mso, und^ CoIoqjbI John Armstrong, was pushed forward, and the 
genial followed on tiie sevenieenth, with four thousand three hundred elec- 
tive men^ leaving strong garrisons at Raystown and Loyal Hanna. For 
iv^mt of practicaMe voads^ the whole march was tedious and difficult — the 
advance of ten miles a-day being deemed extraordinary progress. Tbe 

* 350 Royal Americans; foar companies. 
l^NOHighlaiiden) thirteen- oompanres. 
SeO^YirginiaM. • r 

^OO Pennsylvanians. 
1000 Wagoners, sutlers, and followers of the army. 

Penn. Gazette, 1758, No. 1663. 
' tlMBtptSBlhsr. 



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HISTORY OP NEW JBRSEV. ttt 

annj was gnady iJ&tod by steknessy fmd weakelftd lny dton r i teh* No- 
Meeting the road fbnneriy cut by Braddock over the mountains, Genidral 
Cbrbes opened a oew one, by wluch he approached the fort. The capture 
of Frontignac, and the defection of the Indians from the Fretach intet^, had 
already prepared the' way for his success. Tlie gairison of Fort Du Quesne, 
UDsustained by thei^ savage allies, ai;id hq)efee8s of remforoemoits, the Gada*> 
diaa force lately engae^ at Loyal Hamia baring retired, hold the plaiM^ 
only, until the appnxum of 4be English army should justify its abandontnenf. 
Accordingly, on the twenty •fourth of November, when Forbes was within a 
day's march of the fort, they bujnsd and abandcHv^ it, and'esoaped^ by \hb 
Oluo rivter, to4he French setttem^dtsupcm the Mississippi. The YuiMd foitifl* 
cations were seized by the English, on the next day, and, being hastily repaired, 
were garrisoned by four hundred land fifty men» chiefly provincial ttoops, 
from Pennsylvania, Maryland^ and Virginia, under the command o£ Colotid 
Mercer. The. tem&b)der of the army' was marched into the ifiteirioiv and 
quartered at Lancaster, Reading, and Philaddphta4 

iy« In the preparations of the colonics ftnr. this campaign, We have fl0w 
evidence of the power which an eneraedc^pirlt, directed by wisdom^ may 
obtain, lover the mass of mai^kind. The contnbations of the provinoes, to* 
wards carrying* on the continental war, had, for the last oampalgnSf beeA 
merely the cold returns of duty; but in tlus, the people displayed-^ll the sed 
with which men puvsue their interests, when animated by well fiiuAded hopes 
of success. Their combined ibroes, they were now asstited^ would b^ ap- 
plied to remove the enemy £rom tifp frontiers; and imtead of being fe(^ufa^ 
to furnish a specific quota of troc^ each colony, was diiected to tkiibe fts 
large a force as was in its power, with the greatest possiUe despatch. To 
render such force effective, Mr. Pitt recommended to the respMive govern 
HOTS, to commission popular men for o0ioers, and in bestowing military ap* 
pbihtmeQts, to have re^rd, solelyv to the public service. Arms, asMiuni- 
lion, tents, and provisions, were to be fiiinished'by the cfown; and the 
expense of levying, clothmg, and pay^ was to be borne by the pnMnces* 
But* eren these^harges, he promised to iccctomend the ParUtttnsnt to pay^ 
as die vigour and efforts of the provinces should merit. 

V. T^S inspirited, the Assembly of New ieitiey, ifisteftd of raisfaig, r^ 
kictantly, five btmdred tMien, doubled that number ; and to fill the ranks, tii 
season, o^red a bounty of twelve poimds, per man; increased die piay of the 
officers, and voted a sitm of fifty. thousand, pdunds, ^t their Ami^eMiftce. 
They, at the same sessidis, cBiected barracks to be buMt at Btirliii^[t6n, 
Trenton, New Brtmswkk, Ambov, axkd Elizabelhtown, coinpetent, ea^)^, for 
the accommodation of three hundred men. Noti did tkeA$$ell^fril l# 
remark^ en ike emtikuUonal meihod thep had been cdiUd ok to ght 
OMfutance to ike common cotftr / Miif l^ at liberi^ to futnM to (k^ 
erowHy what their own dIriUtfand een$e of the occanon reared. This 
complement of one thouMmd men^ New Jersey kept up, during Afe years 
1798, 1759, and 1760; and hi the years 1701 and 1702, fiirHMed sfct hun^ 
dred meto, beedde in the laMe^r year,acompany of sixty^four fMSh and offleeito, 
espe(»dly, for garrison duty; for which she faioarr^ stt av^ll^^Xpefls^ of 
forty thetttand poimds per aainAin« ; 

VI. On the Idtb of June, 1758, President Readmg was superseded by the) 
arrival of Frands Bernard, Esq., who coiitifnaed to ^Dtem && piyyvince, in 
ual»roken harmony with the L^islatutey until the 4& of July, 1760. The 
principal seihriee rendered by.£is. gentleman, was the aid he gave in (he 
padficoCien of the Indians, at the tMity of Easton, in Ostober^ 1758^ of 
which we have spoken fiilly elsewhere. Upon his transfer to Massachusetts, 
he was sueeeeded bf Tkona$ Booiie» whorcontmMi Mttia nmnr Amk a year; 



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133 HISTORY OP NEW JERSET* 

being removed to South Carpliiia, aad his place in New Jersey sapptied by 
Jofiifui Hardy. Upon bia diamiasal, a&d appointm^t to the onfiolate tU 
Cadiz, came in, William Franklin, the son of Dr. Benjamin Fnmklin, ths 
last of the colonial govemo^rs. Thus, in the ^>ace of five" years. New Jersey 
had seen five governors appointed by the crown* This frequent change 
proved very> unacceptable to the colony, which Was fully content with the 
three ftrat we have named; and wbuld have been satisfied to have spared the 
repeated gift of five hundred pounds, usually made to the new governor, <m 
his arrival, in consideration or the expense and trouble of his voyage. To 
Governor Franklin this BPesent was not made. But as the cost of living had 
considerably increased oy the diminutipn of the value of money, consequent 
on the increased amount of the circulating medium, during the war, the 
Assembly added two hundred pounds to the annual salary, making it twelve 
hundred pounds^ 

VII. Great Britain, having resolved to annihilate the French power in 
North America, made adequate preparatioBs for the campaign of 1769. An 
armv of eight thousand men, under General Wolfe, was destined to attadc 
Quebec; whilst G^aeral Amherst, with 12,000 regular and provincial tmops, 
should reduce the ibrts of Tieonderoga and Crown PouU, cross Lake Cham- 
plain, and by the rivers RichelieuandSt. Lawrence, join Wolfe; and General 
jPrideaux, assisted by Sir William Johnson, at the head of some friendly 
Indians, should capture the fort at the fells of Niagara, andproceed by Lake 
Ontario and Montreal, to unite with the other generals. To General Stan- 
wix, was confided the southern department, with orders to wa^ the western 
firontier, and to erect proper ferts for its defence. 

. VIIL This stupendous plan w^, only, partly carried into execution. 
Quebec was purchased with die 1^ of the galkmt Wolfe. General Amherst 
obtained possession of Crown Point and Ticonder^gav but too late in the 
season, to ,penmt him to accomplish the remainder of the {^aa assigned to 
him. General Prideauz invested Niagara, but was skin in the trenches by 
the bursting of a cohort. The fort was, however, captured by Sir William 
Johnson, who succeeded him in the command. It was not until September 
of the succeeding year^ that the great object was entirely gained; when, by 
the uni6n of three British armies^ before ^Montreal, the Marquis de Vaudreuil, 
was compelled to surrender, by capitnlatioti, the whole of the French posses- 
sions to his Britannic Majesty. 

Thus fell the great power of France in America. Possessed gC the northern 
and southern parts of the continent, her encroachments became formidable 
to the British American 'empu>e, which she ^sought to confine, to a narrow 
slip of sea-coast. . She thus brought upon her tl^ united power of England 
and her colonies, which she baffled, when feebly directed; but which was 
irresistible in the hands of a wise and energetic minister. 

IX. The share of the provincials in this result, gives lustre to the colonial 
history of the American States. They had kept in the field an average ferce 
of twenty-five thousand men duriqg the war; had lost thirty thou^md of 
thdr young men, and contributed three millions five hundred thousand 
pounds sterling, to the payment of its expenses*^ Four hundred privateers, 
irom their ports, rava^ the French West India islands, and distressed the 
commerce of France, m all parts of the world. Their troops preserved the 
remains of the army wredced by the folly of Braddock ; and under Monckton, 
captured Beau Sejour, in Nova Scotia. Commanded by Sir William J(^- 
son, they destroyed the army of Baron Dieskau; and subsequently reduced 
Fort Niagara, one of the most important posts on the continent. The merit 

* Of this flom, Pirlisinscit reinbmtfBd at ssveral times, £1,031,066 fttsriiBg. 



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HISTOBY OF NEW JERSEY. iS« 

ofdleri»aetRm8»tta8cribabletbthelI^8dldy^ la aU the maiches fuod bd^ 
they were principal soffer^rs ; and where honour was to be gained, the pro- 
vinctaLwaa distinguished , by his fortitude in adversity, and his promptitude 
and courage in ihe hout of peril. 

X. Spain became party to the war, in January, 1772; but the conflict 
against the united house of Bourbon, was not of long TM>ntinuance; ^peace 
b^n^ made with France and Spain, on the 3d of Nov^nbfet, of thd jsame year. 
We ai^ interested in the terms of the treaty, so farcmly, as they affected the 
colonies. France surrendered her pretensions to Nova Scotia, and ceded 
Canada, including Louisiana. Spain yidded Florida. In exchange for this 
mighty domainy France received the islands of St. Pietire and Miqu^on, near 
Newfoundhind, with a restricted privilege of the fishery, ami tl^ islands of 
Martinique, Guadaloupe, Mariegalante, Deseada, and St. Lucia.. — Spain 
obtained the restoration 6f the Havana-^a price, more than adequate for 
Flbrida, which would not have been paid| but with the design of preserving 
the eastern shore of North America, irom foreign influ^ice. 

XI. In exclusive possession of this immemge territory, compreh^iding 
nearly one-flflh of the globe. Great Britain and her colonies rationally looked 
ibrward, to, its -peacefuF enjoyment, in fiiU confidenee, that the abori^nal 
inhabitants, no long^ exposed to dangerous solicitations, nor suppoirted by 
alien' power, would not diure to provoke tb^ resentment of those upon whom 
they must entirely depend, for the gratifications supplied by the whites. But 
the cc^fndity of the savage had been higMy exciteid, during the late conflict, 
and as deqply indi^ged. ' The present unprbtected state of the firontier, 
held forth irresistible temptatkms to. his whetted appetite for plunder. His 
barbarities had been rather, rewarded than chastised. EVery treaty brought 
him rich presents; and his detention of prisoners, whom he had agaiQ 
and again promised to surrender, wdd overlooked, on slight apologies; 
though, obviously, dotieto afl^rd cx^rtunities for new treaties and additional 
gifts. But, we must, perhaps, look deq)er, for the cause of the wide extend- 
ed Confederacy, which now took place among the abori^nes, and which may 
have been dicte^ by profound policy. They beheld the French driven out 
of the whole ooftntry, and themselves in danger of becoming wholly depen- 
dent upon a power, whidi ahready c6mmande<) by its fcMrts, the ^reat lakes 
and rivers; and they may have felt, that an immediate and mighty eflbrt 
was necessary to restrain the ti<fe, which, if unimpeded,^ would spread itself 
over the oontinenty overwhehning all their nations in its course. 

A secret coalition was formed among the Shawanese, the tribes upon the 
Ohio, and its tributary waters, and about Detroit, to attack, simultaneously, 
the English posts and setdements, upon the frontier. The plan was delibe- 
rately and skilfully projected* The settlements were to be invaded during 
harvest; the inhabitants, with their corn and cattle, to be destroyed; and the 
outpoBts to be reduced by fhfnine. The Indians fell, suddenly, up<m the 
traders, whom they had invited among them^ murdered many, and plundered 
the eflects of all, to an immense amount. The frontiers of Pennsylvania, 
Maryland and Virginia, were overrun by scalping parties, committing their 
unial enormities. The out-forts, even the most remote, were assailed about 
the same time ; and all, immediately, fell into the hands of the enemy, save 
Niagara, Detroit, and Fori Pitt, which, being larger and better garrisoned, 
were enaUed to. stand a longer siege. 

Afl^ m the preceding Indian contest, the frontier inhabitants were driven in, 
and the enemy again penetrated iirto the thickly settled country; but more 
skill and courage were generally displayed in^resisting them# Niagara and 
Detroit were protected by detadunents sent to thehr reli^ by General Atti- 
faerst^ whilst Coknel Bouquet, aAer much fedgue and a bloody battle, suc- 



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184 HISTORY OF NEW lERSBT. 

oeeded itt suocodnng Fort Pitt. These cttBtiieseiiig hofldlitioB oontiBUBd ttttfl 
October, 1764, when they were tenniimted by Col. BoiK|uety who, with fifteen 
hundred men, overran the Indian country in Ohio, compelling the sulmuMioii . 
of the tribes, and i^leasing limny white priscmers. The Indians, socm tiAer, 
entered into f final and isatisfactory treaty with Sir William Johnson, Who 
was authorized for th^ purpose, by the crown. 

Governor Franklin, on- the a^yproach of the savages lo the "western fron* 
tier of New Jersey, ordered ou( the militia, vemuined the ibrtificati^ms 
which bad been formerly erected^ and built several new block-houses. Yet 
some parties of Indians crossed the Delaware, made their way through the ' 
lines^ and massaored several families. On the meeting of the House, 16th of 
November, he recommended them to provide six hundred men, at the request 
of General Ainherst, to unite with other forces to invade the Indian country^ 
and to provide more eOSsctually fbr defence of their own limits. The latter, 
the HousO undertook, directing two hundred men to be raised for this pur- 
pose, and appiopnating fen thousand pounds for their support; (but they de- 
clined to furnisl) troops for general opemtions, until a genmd plaa should be 
formed, and a requisition should be made fot aid lo tj^ other colonies. At 
their next subsequi^it s^on, JioWever, they pass^ a bill for raising six hun* 
dred men, on condition^ that a majority of the pastern colonies shmtld come 
into the requisition ; and wh^ tiiis hiU was rejected by "the council, and the 
governor prorogued the Houses in-order to give them an (^iportunity to bring 
in another, they autho^rized the force required, provided New York ishould con* 
tribute her full proportion* In this shape Uie bill passed, and the troops 
joined the nordiem army. 

XII. The great pecuniary advances of the cdonies, in the late wars, disi- 
covered to the ministry of Great Britain, a mine of w^lth, whose existence 
they had not hitherto suspected; and with the knowledge came an inesqpres' 
siblelcmging. to subject this wealth to the use of the parent state. But no good 
genius whispered, that, there existed, also, the spirit, as well as the sneans, to 
maintain the political freedcmi which had been, at once, the source of ricfaee 
and of oolonial happiness. It was supposed, that, if in a few years, thes^ kM^ 
n^lected and distant provinces could pay, without apparent inconvenience, 
muUons for defence, (hey mi^ht, also^ be compelled to pay millions fbr tribute* 

XIII. On this assumption, Mr. GrenviUe,. funt commissioner of the treasury, 
. flattered himself that he might establish a high financial character, in reliev- 
ing his country by the taxation of her provinces. To % «uperficial observer, 
few obstacles were appar^t in such a course. Parliam<^t had fireqii&ntly 
imposed duties upon the colonial trade ; which, as a part of a general system,, 
for regulating the commerce of the empire, had beeli patiently borne. But, 
no attempt had beefn^ hitherto^ made, av6WedIy, to raise a revenue from the 
odonies, for the use of the British treasury. 

^ XIV. Upon the principles which have gov€lhied modem cdonizatioii, Ihe 
ec^ny is dependent, either upon the parent nfo^ ot upon its chiefs a& a di»> 
tinct apanage or property. The first case was, that of the edomes of mof* 
of the Buropean states. Thesecond,charae|eri2ed those of Spain; the kkig^ 
doms of Mexico, Peru^ dec, being long considered as eoonected with those of 
Castile and Arragon, through the moncireh atone, who vras the kii^ of each, 
respectively. A difi^rent view, however, was taken in^rdatx)fI to these, by 
the Cortes, in framing the cOnstitutiQn of 1820, when> as integral parts of the 
Spanish empire, they were Stdmitted to representation in the nattonai coun- 
cils. The^l^glish colonies held their connexion with Great Britain,, to be 
somewhat similar io that whii^'^had prevailed betireen ^Moa and her pro* 
vinoes; claiming, however, fi>r their goRremments, the important and cha- 
racteristk: principle, which animaled the polity of the parent state, that die 



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HBTORV OF NEW JjaSEY. 185 

people should hate a potential yotoe, in tegiskuioii, thioc^b their repfesenta-. 
tiveis. Thi^ theoiy y(bs universal, but the practice was variously modified; 
the Legislative power, being oiorot or less exercised by the people, according 
to the proviai(Mis of the several charters from the crown. One right, how* 
ejf er, whicfc contisplled all others-^he right of the purse, was every where 
hdd sacred to the people| and though the crown might create an -almost in- 
evitable necessity of msbur^enirait, it could not without, the form, at least, of 
populfir vc4ition, take money from the pockets of the people.* 

The right of the Parliament to legislate, generally, for the colonies had not 
been questicAied sinoe the year 1692, when Ma^achusetts and New York 
denied it by acts of their Legfelatinpe6.t These law^ were annulled in England; 
a«d in 1^98 Parliament ded«red, that "all laws, by-laws, uss^esana cus-* 
toms, which shall be in practice^ in any of the plantations, repugnant to any 
law^ made, or to be made, in this kmgdom, relative to the said plantacicms, 
s^U be void aiid of none efiect." 

By the charter of Charles 11, to Penn, the right of Parliament to lay duties 
on imports and exports, and to impose taxes or customs on the inhabitants of 
Pennsylvania, their JaJids, goods and chattels was clearly reserved. In 1739^ 
Sir Wilham Keith, in conjuaction with some American merchants, proposed 
t© raise troops for the western frontier, to be supported by a duty laid by 
Parliament on stamped paper and parchment, i^ all the colonies* But the 
subject .was then too incc$nsiderable to claim the attention of the government* 
When efforts were made to imitethe colonies in 1754, a plan for colonial tax- 
ation was suggested; but the ministers, finding the colonies averse to their 
views, did not venture to press it.on the eve of a war, in which the cordial 
and undivided exertions of the whole nation Were required. J 

A more favoumWe occasion seempd now to present itaelfc The war which 
had grown out of American interests, had. been honourably terminated, and it 
was supposed, thai the provinces, grateful for their deliverance, would cheer- 
fully repay the care of a fostering mother. Nor would such anticipations 
have heeti disappointed, had the designs of the ministry no other consequences 
than a single pecuniary burden upon the people. 

XV. Towards the end of the year 1768, Mr. Gi^viile communicated to 
the c^onial agent* in London, his purpose of drawing r reveriue "from Ame- 
rica; by means of a* stamp duty to be imposed by Act of Parliament, and di- 
rected theto tQ transmit ^s intelligence to their respective Assemblies, that 
they might suggest any more pireferable duty, equally productive*^ The fol- 
lowing view, briefiy exhibited, was theii taken of this subject, by all the 
provinces. \ " / , 

XVI. The colonies werje considered as hitegrat governments, of lyhich the 
crown was the head, having exclusive political power within their respective 
territories, except in eases involving the general interests of the. empire, in 
whkh, from principles of convenienoe and necessity, ,they admitted the su- 
premacy of the British I^rliament. On these principles, they had submitted 
to the general regulations of commeroe, hbwcver restrictive of their ^ertions 
at hcMne and abroadf and where the letter^ the law pressed h^kvily on (heir 

• By the CMMCMumfof Berkftky tiidCurtaret/widabo of the WeiiJenejproprie- 
tera, it WM pfovifled, ''that the governor and coenoil are not toimpoae, or roflnr to be 
imposod, ai^ tax, cartom, or vaMldT, tollage, ttmipmenta, or any other da^ whatso- 
ever, upon anj colour or pretence, how apeoioue soeyer, upon the Bfid province, and 
inhabitants thereof, without their own cenaent, fint had, or other than what shall be 
imposed by the authority ajad eonaenl of the Oeaeral AieemblT." 

f8mtth8N.Y.75,76. . 

t Marthall'a Lilb of Washington. 

§ One hundred thouiand po&ids sterling, waa the sum required ty Mr, Gienville. 



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136 HISTORY QF NEW JERSEY. 

natural ri^ts, miHrmurs were sddom heaid, a9 such acts were notxigidlx en> 
forced. The mode of drawii^ aid from the colonists accorded with these 
principles* The sovereign having well considered the occasion, in his privy 
council, directed his secretary of state to apply to each colony through its 
governor, to grant him such sums as were suitable to its ability. And as the 
colonies had always made liberal grants da such requisitions, the proposition 
to tax them in Parliament, was unnecessary, cruel, and unjust. Unjust, be- 
CBMae it was diametrically opposite to the ^tter and spirit of their C(»stitu- 
tions, which had established -as a fimdamental axiom, that taxation and 
representation are inseparable, and that as ^ colonies were not, and from 
local and political obstacles could not be, represented m the British ParUa- 
ment, it would be the very essence pf tyranny to attempt to exercise an 
authority over them, which, from its nature, must inevitably lead to gross 
abuse. For, when in absolute possession of the power now claimed, could 
it be imagmed, that Parliamept would not rather vote away the money of the 
colonists, than c^ their constituents? By the constitution, then: business in 
matters of <ud was with the King alone; they had no connexion with any 
financier, nor were the provincial agents the proper persons through whom 
requisiti6ns should be made. For these reasons, it was improper for the pro- 
vinces to make propositions to Mr. Grenville, m relation tp ta^es, especially, 
as the notice he had sent, did not appear to havie been by the King s order, . 
** and was perhaps without his knowledge.*** 

XVn. These views certainly did not jNrooeed from a desire to avoid con- 
tribution, in relief of the public wants. Several of the colonial Legisl^res 
declared, " that as they always had thought, 90 they always should think, it 
their duty to. ^rant aid to the crown.** Copies of these votes were presented 
to Mr. Crrenville, Jsmd an opportunity was thus offered to him, to raise by 
constitutional means^ more than a compulsory tax would produce. But lie 
bad resolved on measures^ which should establish the absolute supremacy 
of Parliament over the provinces^ and open the way for its unrestrained 
exercise. 

XVin. When forming his plan of American taxation, Mr. Grenville cer- 
tainly* did not apprehend all its consequences* But, aware that it would be 
opposed, he was desirous of trying an old measure under /i new aspect, and 
proposed, in distinct terms, to raise a repenue, by taxes dtk colonial imports* 
This measure, sufficiently obnoxious in itself^ was accompcmled by a resolu- 
tion of Parliament, ^* that it may be proper to charge certain stamp duties in 
the colonies." The act of Parliament, based on the first proposition, was 
extremely onerous to the American trade ; the duties thereby imposed amount- 
ing almost to a prohibition of commercial intercourse with the French and 
Spanish colonies.t It is true, that this trade, previous to the passage of the 
act of which we now spe^ky was unlawful ; but it was connived at, and was 

* Votes of the Assemblies of the several colonies. Franklin^s Lettert, March 8th, 
1770. Provincial Remonstrances. MarshdH^i Life of Washington, vol. ii. 68, &c. 

t This act was entitled, ** An act for granting certain duties in the British colonies 
and plantations, in America, for contini^n^, amending, and iaaJiiqff perpetoal, an act 
passed in the sixth year of the reign of his late Majesty, King George the Second, 
(entitled, an act for the better securing and encouraging the trade of his Majesty's sugar 
colonies in Amiarioa,) for appljring the produce of such duties, and of the duties to arise 
by Tirtue of the said act, towards .deftayiiy the ezpensefl of defending, nroteeting and 
securing the said colonies and plantationsyror explaining an act, made in the twenty-fifUi 
year of Uie reiffu of King Charles the Second, ^entitled, an act for the encouragement of 
the Greenland and Eai^land trades, and for the better securing the plantation trade,) 
and ibr allowing and disallowing, several drawbacks on exports, firom this kingdom, 
and those effectually preventing the clandestine conveyance of goods, to and fh)m the 
said colonies and pltntatbns, and improving and secum^g the trade between the same 
and Great Britain." 



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jnSTORY OP NEW JERSEY. 137 

lii|^7 piofitable; fiirtiiahiiig to the provinoes, gc^d and direr for tbeir re- 
mtttaiioes to EDgtond. The minister, in his care to prevent smu^ling, did 
not pause to consider the difference between an advantageous trade k the 
western hemisph^te, and die illicit conuneroe on the British coast. Con- 
verting naval officers into officers of the customs, he nearly destroyed the 
whole cdonial trade with the Spamshand French islands. The preamble 
to the new impost law, declaring it to be iust and necessary, that a revenue 
should be raised in America, ai^ the resolution to ibUow it up, with a stamp 
act, gave an unequivocal and odious character to the law, and sent it forth 
to the cokxiieB, the pioneer of a system of boundless oppression. 

'the revenue act became sUll oiore unpopular, by the means used to en- 
force it The pe&alties for breach of its provisions, were made recoverable in 
the courts of admiralty, without the intervention of a jury, before judges 
dependent upon the crown, and drawing their salaries, from forfeitures, ad- 
judged by tnemselves. Thd duties were required to be paid, in gold and 
silver, now scarce attainable, and ccMisequently, the paper currency, more 
than ever necessary, was rejected and depreciated. 

XIX. Hie impression, caused by these measures on the public mind, was 
uniform throughout America. The Legislature of Massachusetts, whose 
population, esmntially conrnierdal, felt most severely the late resections, 
was the 6rst to notice them.. That body resolved, " That the act of Parlia- 
ment relating to the sugar trade with foreign colonies, and the resolution of 
the House of Commons, in regard to stamp duties, and other taxes proposed 
to be laid on the colonies, had a tendency to deprive the colonists of their 
mot^ essential rights, as British subjects, and as men — ^particularly, the right 
of assessing their own taxes, and of being free from any impositions^ but 
such as they consented to> by themselves or representatives," They direct- 
ed Mr. Mauduit, their agent in London, to remonstrate against the ministe- 
rial measures, to solicit a repeal of the sugar act, and to deprecate the impo- 
sition of further duties and taxes on the colonies. They addressed the As* 
aemUies of the other provinces, requesting them to unite in a petition against 
the designs of the ministry, and to instruct their agents to remonstrate 
aoainst attempts so destructive to the fiberty, the commerce and prosperity, 
of the colonies. The colony of Rhode Island, proposed to the provincial 
asseofiblieB, to collect die sense of all the colonies, and to unite in a conunon 
petition to the King and Parliament 

XX. All the efforts ofth& American cdonii^ to stay the mad career of the 
Bn^h ministrt, proved unavailing. The stamp act was passed, with slight 
opposition, by tne Commons, and unanimity by the Lords.* Dr. Franklin, 
who had been despatched to Europe, in November, 1764, as the a^ent of 
Pennsylvania, lahcHired earnestly to avert a measure, which his sagacity and 
p^fect knowledge of the American people, tau^t him was pregnant with 
danger, to the British empire. But, even be does not appear to have enter- 
tained the idea, that it would be forcibly resi^tted. He wrote to Mr. Charles 
Thompsrai, " The sun of liberty is set, you must light up the candles of in- 
dustry and economy." To which Mr. Thompscwi rq)lied, ** He was appre- 
hensive that other tights would be the consequence." To Mr. Ingersol, the 
ccent of Connecticut, the doctor said, ^Gk>home, and tell your people to get 
children as fast as they can." Intimating that the period for successful re- 
sistance had not yet arrived. 

* The stvnp act wm pi«ed on tb« 32d of March, 1765. It was under th« conaide- 
ratioii of ParhanMnt, in March, of the foregoing year^ bat was postponed, it was said, 
^ the exertions of Mr. Alleii, ehiof-josltee of Feaasylvaikia, at that time on a visit to 

S 

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138 HISTORY OF NEW JERSEY. 

The luinistry, desirous to render the stamp act as little obnoxious as pos- 
sible, resolved to appoint the officers of distribution and collection, from 
among the discreet and reputable inhabitants of the provinces. But, there 
wer^ no means, by which to reconcile the people to a law, every where re- 
garded as the forerunner of ^litical slavery. The stamp officers, eithw 
voluntarily or compulsorily resigned their offices; some were hUng or buried 
in effigy, in several of the provinces, apd violent outn^ges were committed 
on the person and property of the deputy-governor, and other officers, at 
Boston. WiUiam Coxe, E^q., wh,o had bcin appointed stamp (^Hcer, for 
New Jersey, voluntarily resigned his office in September, 1765. Subse- 
quently, upon the application of the Sans qf^ Liberty^ of East Jersey, he pub- 
ushed a copy of his letter pf resi^ation, which had been made to the ccnn- 
missioners of the, treasury ; and declared that he had appointed no deputy, 
aiid would never act under the law. Towards the end of November, a 
number of the inhabitants of Salem county, learning that a Mr. John HattoB 
was desirous to be employod in the distribution of stamps, compelled him to 
a similar declaration. 

Oft Saturday, the 6th of October, the ship Royal Charlotte, bearing the 
stamped papers for Jersey, MarylaxKi, and P^onsylvania, convoyed by a 
stoop of war, arrived at Philadelphia. As these vessels rounded (Gloucester 
Point, all those in the harbour hoisted their colours, at half mast; the bells 
were muffled, and every countenance assuined the semblance of affliction. 
At four o'clock, in the afternoon, many thousand citizens assen^M at the 
state house, to consider -of the means for preventing the distiibudon of the 
stamps. Their deliberations resulted in forcing Mr. Hughes, the stamp 
officer, most reluctantly, to decline the exercise of his office, and in securing 
the stamps .on board his Majesty's sloop of \var, Sardine. 

XXI. The universal refusal of the colonists to submit to the stamp act, 
occaaoned the entire suspension of legal proceedings. In some of the pro- 
vinces, however, business was speemly resumed; and in nearly all, the 
penalties of the act were braved Ixjfore its repeal. The members of the baSr 
in New Jersey, met about the middle of February, 1766, at New Bruns- 
wick, to consider of the propriety of continuing their practice; and being 
waited on by a deputation of the Sons of Liberty^ who expressed their dis- 
satisfaction at the suspension of law proceedings, they determined, at all 
hazards, to recommence business on the first of the ensuing April. At the 
same time, deputies from the same self-constituted regulators of public 
afiairs, waited on Mr. White, prothonotary of the county of Hunterdon, who 
was induced by their polite and energetic instances^ to promise that his office 
should be reopened at the same period. By law^ the stamp duty was to 
commence on the first of November. On the previous day, the newspapers, 
generally, were put in mourning for their approaching extmction; the editors 
having r^dved to 8U£n)end their publication, until «bme j^an ^ould be de- 
vised to protect them from tl^ penalties for publishing wiUiout stamps. The 
term of suspension, however, was short. On the 7th of November, a simi- 
sheet issued from the office of the Pennsylvania Gazette, without title or 
mark of designation, headed, *' No stamped paper to be had;^ and on the 
14th, another, entitled << Remarkable Occurrences.^ Both w/ere in fbnn of 
the gazette, which, afler the 21et, was again regularly published.* 

XXII. '* To interest the people of England against the measures of admin- 
istraltion, associations were formed in. every part. of the continent, for the 
encouragement of domestic manufactures, and against the use of those im- 
ported from* Great Britain. To increase their quantity of wool, they deter- 

* Pennsylvama Oasette. 

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HISTORY OF NEW JERSEY. 189 

mined to kiU no Iambs, and to use all the means in their power, to multiply 
their flocks of sheep. 

XXIIL While this determined and systematic opposition was made by 
the thinking phrt of the community, there were some riotous and disor- 
derly proceedings, especially in the large towns, which threatened serious 
consequences* Many bouses were destroyed, much property injured, and 
several persons, highly respectable in character and station, grossly 
abused. These violences received no countenance from the leading mem- 
bers of society; but it was extremely difficult to stimulate the mass of 
the people, to that vigorous and persevering opposition, which was dtemed 
essential to the preservation of American liberty, and yet to restrain all those 
excesses, which disgrace, and oflen defeat, the wisest measures. In Con- 
necticut and New York, originated an association of per86ns, styling them- 
selves the " Sons <ff Liberty y^ which extended into New Jersey, and other, 
colonies; who bound themselves, among other things, to march to any part 
of the continent, at their own expense, to support the British constitution in 
America; by which, was expressly stated to be understood, the prevention 
of any attempt, which might any where be made, to carry the stamp act 
into operation. A correspohding conrunittee of these sons of liberty was 
established, who addressed letters to certain^ coilspicuous characters, 
throughout the colonies, and contributed materially to increase the spirit 
of opposition, and perhaps the turbulence, with which it was in some places 
attended.* 

XXIV. On receipt of intelligence of the passage of the stamp act, several 
of the colonial Legislatures, of which Virginia was the first, asserted the ex- 
dtuite right of the Assemblies to lay taxes and impositions on the inhabi- 
tants of the colonies, respectively. But the House of Representatives of 
Massachusetts, contemplating a stiH more solemn and eflectual expression of 
' the general sentiment^ and pursuing the sugge^on of Rhode Island, recom- 
mended a Congress of deputies from all the colonial Assemblies, to meet at 
New York, on the first Tuesday in October, to consult on the present cir- 
cumstances of the colonies. Circular letters, signed by the sp^er, com- 
municating this recommendation, were addressed, respectively, to the speakers 
of the A^emblies in the other provinces. Wherever the Legislatures were 
in session, this communication was immediately acted upon. 
' It was laid before the Assembly of New Jersey, (20th June, 1765) on the 
last day of the session, when the House was thin; and the members, ab (to- 
vemor Franklin asserts, determined " tmanimotiaJy, after deliberate eoMi- 
derattcn^ ogainM connecting on that occasion;^ and directed a letter to be 
written at the table, to' the speaker of Massachusetts Bay, acquainting him 
with their determination. The House, at a subsequent session, question,^ but 

* Manliairfl Life of Washington, voL i. 

t June 2Tthy 1766. The etatemeiit of the Amembly is eofions, and evidently betrays 
a design to make the best of a circnmstance) with the remembrance of which, they 
were not very content. They say, <* This House acknowledges the letter ^m the 
Massachusetts Bay ; that It was on the last'day of the session, some members ^ne, 
others uneasy to be at their homes ; and, do assert, that, the then speaker a^eed to 
•end, naj urged, that members should be sent to the intend^ Conflrress; but changed 
his opimon upon some advice that was ^ven to him *, that tRls sudden change of his 
' opinion displeased many of the House, who seeing the matter dropped, were indif- 
ferent about it; and as no minute was made, and no farther notice taken of it, the 
House- is at a loss to determine whence his excellency could get the information, that 
the House took the same into ' deliberate connderation,'' determined (as his exceUency 
says, from their own words) * wnamnumMly agaimt connecting on that occasion:* they 
have recoll|Dcted the whole transaction, carefully examined their minutes, and can 
find nothinjr Uk^ it inserted therein ; an answer to the Massachusetts letter was writ- 
ten, and if the expressions his excellency mentions, were made use of, in it, this 
House is at a loss to know how they are accountable for it, when it doef not appear 



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140 HISTORY OP NEW JERSEY. 

do not diqpioTe this Bt&iem&oi* Bat, thib detenninalSoo was so highly con- 
demned by their constituents, that the speaker found it neoeesary, in (^der to 
aroid the indignation of the peo{^, and to preserve the public peace, to con- 
vene the members by circulars, at Amboy, and with' them to proceed to the 
nomination of delegates to the Convention of New Yoric, consisting of Mr. 
Robert Ogden, the speaker, Mr. Hendiick- Fisher, and Mr. Josej^ Borden% 
This measure was severely reprehended by the governor, and was the eause 
of an angry ccMxtention between him and the As^mbly. 

XXV. Delegates from the Assemblies of Massachusetts,^ Rhode Island^ 
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, 
and South Carolina, assembled at New York at the time appointed. New 
Hampshire, G^rgia, Virginia, and North Carolina were not represented; 
hut the two former gave assurances of their disposition to unite in p^itions 
to the King and Parhament., The Assemblies of the two latter not having 
been in session, ^ince the pr(^)osition for a Congress had been made, had no 
opportunity to act upon the subject. 

This Congress adopted a declaration of rights and grievances, upon whic^ 
they founded a petition to the King a£Kl a memorial to Parliament In these, 
they claimed the ifull privileges of English subjects,, averred the plenary^ 
legislative power of .the colonial Assemblies, protested against taxation by 
Parliament, and the disp^isatiota of the trial by jury; and earnestly pressed 
upon the attention of the parent state^ (he burdens imposed by the stamp and 
other acts, with the utter impossibility of continuing the. execution of the 
former, in consequence of the drain of specie it would produce. A dififearenoe 
of opinion prevailed upon thfs question, whether the petitions and memorials 
should be signed and transmitted by the Congress, or be sanctioned and 
forwarded by the provincial Ass^nblies, as metr several acts. Messrs. 
Ruggles of Massachusetts, the chairman of the Convention, and Ogden of 
New Jersey, believing m. the propriety of the latter ipode, refused to sign 
with the other delegates; but their conduct wds censured by their ccmstitu* 
ents: and Mr. Ogden, thereupon, resigned his seat in the Assembly, which 
was convened by. the governor, at his special instance,*' that they ttnght con- 
sider and adopt the best mode of ^ipressing their sense of the otooxious 
measures.! 

XXVI. The House- received from Messrs. Fisher and B<>rden their report 
of the proceedings of the Congress, and, unanimously, approved thereof; 
voting their thanks to those gentlemen, fpr the faithful and judicious dis- 
charge of the trust reposed in them. Mr. Courtlandt Skinner, the newly 
e^ted speaker, Mr. John Johnson, Mr. John Lawrjence, and Mr. David 
Cooper were appointed to correspcmd with the agen4 of the. colony in Great 
Britain. 

The House then proceeded to adopt, imanimoa^y, the following preamble 
and resolutions : " Whereas, the late act ofParlkment, called the stamp act, 
is found to be utterly subversive of privil^es inherent to, and originally 

to be tfi act of the Hooee ; bat reflectioii on tiiif psieaffe, flatlsfies tiie Honee^^iat fats 
ozcellencv hu more knowledge of the contents or the letter in imiwer, than Qie men* 
beirs of tne House themselves/'— vote*. It is impossible not to perceive that the 
members of this Assembly, had not that vivid sense of evil resnltinf ftoin the stamp 
act, which was displaced in other colonies, particalarlji when we consider that this 
was the first opportunity for expressing their sentiments, upon the odious pretensioj^ 
of Parliament Upon theit return to thedr constituents, ho^trevec, the members im- 
bibed opinions and zeal more befitting the times; and hence we have additional evi- 
dence, that, resistance to British oppression, was not produced by the efforts of a fbw 
leading and aspirin|^ men, but was the Spontaneous act of a hi^h spirited people, well 
instructed in tneir rights, and resolutely determined to maintain them. 

* 27th November, 1765. f Note A A. t Joeeph Sherwood, Esq. 



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HIMDORY OF N^W Jl^SEY. 141 

secured by, grants and confirmations from the crown of Great Britain to tber 
settlers of this colony : in duty, thereforei to ourselves, our constituents, and 
posterity, this House thinks it absolutely necessary, to leave the fallowing 
reserves <^ our minutes: 1. That his Majesty's subjects inhabiting this pro- 
vince, are,, from th^ strongest motives of duty, fidelity, and gratitude^ invio- 
lably attached to his royal person and government ; and haye ever shown, 
and we doubt not, ever will show, the utmost, readiness and alacrity^ for 
acceding to the constitutional requisitions of the crown, as they hi^ve been, 
firom time to time, made to this colony : 2^ That his Majesty's li^;e subjects 
in this colony, are entitled to all the inherent rights and liberties of his na- 
tural bom subjects, within the kingdom of Great Britain : S. That it is, in- 
separably, essential to the fireedom of a peof^e, and the undoubted right of 
Englishmen, that no taxes be imposed upon them, but with their own con- 
sent, given personally, or by their r^resentatives: 4. That the people of 
this colony are not, and from their remote situation cannot, be represented 
in the Parliament of Great Britain ; and if the principle of taxing the colo- 
nies without their ccHisent, should be acbpted, .the people here would be sub- 
jected to the taxation -of two Log^latures; a grievance unprecedented, and 
not to be thought of, without the greatest anxiety: 5. That the only repre- 
sentatives of thp people of this colony, are persons chosen liy themselves; 
and that no taxes ever have been, or can be, imposed on them, agreeably to 
the constitution of this province, granted and confirmed by his Majesty's most 
gracious predecessors, but by their own Legislature.: 6. That all supplies 
being ftee ffifts ; for the people of Great Britain to grant, to his Majesty, the 
property of the people of this colony without their consent and 'being repre* 
sented, would be, unreasonable, and render useless legislation in this colony, 
in the most essen^ point: 7. That the profits of frade arising from this 
colony, centering in Great Britam, eventually contribute to the supplies . 
granted there to the crown : 8. That the giving unlinuted power to any sub- 
ject or sulijeets, to impose what taxes they please in'the colonies^ under the 
mode o£ r^dating the prices of stamped vellum, parchment, and paper, ap- 
pears^ to us, unconsitntional, contrary ta the rights of the subject, and, appa- 
rently, dangerous in its consequences: 9. Thatany incumbrance which, in 
e£^t, restrains the liberty of the press in Axnerica, is aii infiringement of the 
subject's liberty: 10. That the extension of the powers of thdcoulrt of admi- 
ralty, within thk province, beyond its ancient limits, is a viol^&t innovation 
of tibe right of trial by j]ary^-« right which diis Hou^ upon the principles 
of their British ancestors, hold most dear and invaluable: 11. That, as the 
tranquillity of this country hath been intenupted tlmk^h foar of the dreadfiii 
consequences of the stan^ act; that, therefore, the officers of the govern- 
ment, who go on m their ofiioes^ for the good and pea^ of the province, in 
the accust6med manner, while things are m their present unsettled ntuation, 
will, in the opitiion of this House^ be entitled to the countenance of the Legis- 
lature; and it is jreoommended to our constituents^ to use what, endeavours 
lie in their power, to preserve the peace, quiet, harmony, and good onfor of 
the government; that no heats, disorders, and animosities may, in the least, 
obstnict the united endeavours, that are now strongly engaged for the repeal- 
ing the act abovementioned, and other acts aflfeetmg the trade of the colo- 
nies,^ 

JKVII. WhUst these efforts were being made on this side of the Atlantic 
to obtain redress for American grievances, the colonial agents, the firiends of 
freedom and equal rights, and ^ merchants iitfeiested in the American 
trade, were not idle in Great Britain. The refiisal to import her mamiftc- 
tures touched h^ in a vital part^ The great dtn^ution of orders foir goods. 



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149 HISTORY OF NEW JERSEY. 

80 honourable to the self-control of the colonists, compelled a pow^rflil class of 
traders to idvoclEite liberal principles, who, under other circtmistances^ would 
have gladly sustained any poBcy which might have lessened their biurden of 
taxation. Powerfbl as this combination certainly was, it had to contend 
against the most imperious passions, the pride and avarice of the people. The 
lofty position assumed by the Americans was intolerable. They had laag 
been vi^nred as men of an inferior race. The arrogant philosophy of Europe 
had placed them and the animsd productions of their country, loW in the scale 
of perfectibility. By the mass of the English vulgar, they were ranked with 
savages and negroes. The colonies, the dependencies of Great Britain, on 
whidb she had, for years, poured fordi the scourings of her prisons, had de- 
nied her supremacy, and refused to submit to her Parliament, hitherto deemed 
throughout her vast empire^ politically omnipotent. With the sin of a re- 
bellious temper, they were also charged with ingratitude. Uijder the pres- 
sure of accumulated debt and heavy texation, the English people envied the 
display of wealth by the provincialists in the late war, and forgot that its ex- 
hiltttion was made in the oomlnon cause, with a generosity whidi had enforced 
from English justice^ the return of more than a million sterling. Thus sup- 
ported, the ministry which sought rdief for the people, by taxing American 
industry, would scarcely have been driven from their purpose. But other 
causes transferred the government to other statesrnen, whom consistency 
required, at least, to reverse measures which they had denounced with im- 
qualified reprobation. 

XXVIII. Upder the new ministers an inquiry was instituted into the efiects 
of the colonial poliqy of their predecessors. The merchants and manufac- 
turers gaveample testimoay of the paralysis in trade, whilst Dr. Franklin* 
as the representative of America, before a committee of the whole House of 
Commons, demonstrated the iqnpossibility of levying the new impositions, and 
the consequent neceissity of their repeal. The majority of Parliament was, 
now, divided into two parties* The larger one aflinned the r^ht to tax the 
colonies, but denied the expediency of its present exercise; the other, led by 
Mr. Pitt, repudiated this right, on the ground that all aids are giAs from the 
people, and can never be legally obtainied without their assent; and that this 
assent could not be had in Parliament, siace the colonists were not "there 
represented. A repeal on these principles, however just, according to the 
English constitution, would not have saved the pride of the nation, and would 
have destroyed the hopes of future revenue at the will of Parliament. Hence, 
the repeal of the Qtamp act, which took place on the eighteenth of March 
by a vote of two hundred and severity-five, to one hundi^ and sixty-sev^i, 
was accompanied by a declaration of the right of Parliament to tax America. 
It was followed by an act indemnifying those who had incurred penalties on 
account of stamp duties. The tidings of this event were received in America 
with joy morp temperate than might have been expected from the excitement 
of the public mind. The prudence displayed on this occasion had been ear- 
ne^ly recommended by a committee of merchants in London trading with 
America, and by others friendly to American interests. 

At the meeting of the Assembly of New Jersey in June, 1766, Grovemor 
Franklin congratulated the House on the repeal of the odious stamp act; to 
which, however, he had been little accessory; and whilst he lauded, with the 
warmth becoming a dependent of the crown, "the tenderness, lenity, and 
condescension) the wisdom, justice, and equity, which his Majesty and the 
Parliament had manifested on this signal occasion,'' he carefully refmned from 
reminding the members of the obstacles he had endeavoured to raise, to their 
action on the case, and the severity with which he reprehended them for 



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HISTORY OP NEW JERSEY. 148 

senjiog del^^ to' the New^^ York convention, and thdr approval of its pro- 
ceedings. Ine Assembly did not iaH to tise so favourable an opportuiiity for 
retaliation, rendered more poignant, that the moderation of the province had 
received the commendation of the ^mmistry; but the House vould have ea- 
jojred its triumph with forbearance* had not the governors by an ungry mes- 
sage, drawn iforth a severe retort* ; , 



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144 mSTDRY OF NEW JERSEY. 



CHAPTER X. 

Conprifliii^ Events horn 1766 to VfGd.-^l. Remttininff diaeoateiitf in tlie CoIonie«^ 
after w repeal of the Stamp Aci^— II. DinatUfaction in Great. Britain on ac- 
count of the repeal— American taxation a^m piopooed in Parliament, by Mr. 
Townsend — Bill imposing Duties on Goods importM into America, passed. — IV. 
Circular Letter of Massachusetts to the other Colonies.*— V. Promptitude and 
Unanimity of the 'Colonies produced by the Farmer's Letters.. — VI. Resoit to 
Non4niportation Agreements. — VII. The Ministry condemn the Circular. Letter. 
VIII. Menacing Resolutions of Parliai^nt against Massachusetts— T^e otlMr 
Colonies approre her conduct. — IX.~ Modified repeal of the Im|>osts — Consequent 
modification of the Non-importation Agreements. — X. Numerous Law Suits— 
The People complain of the Fees of the Courts — XI. Disputes between the Go- 
remor and the Assembly.— XII. Robbery of the Treasury of East Jersey- Hie 
Assembly require the removal of the Treasurer — He is protected by the Gover- 
nor. — Xnf. Efforts of Governor Franklin to encourage the culture of Henm, 
Flaz^ and S3k. — XIV. New apportionment of Members in the Province. — XV. 
Testmionial of the Northern Indians, to the Justice of the Colpny. 

I, Although the joy produced by, the repeal of the stamp act, was oom- 
mon to all tl^ colonies, the sajooe temper did not prevail in aU. In the com* 
mercial cities, the restrictions on trac^ excited scarce less disgust than had 
been created by the stamp act itself; und in the north; poliUdal parties had 
been formed,- virhich betrayed excessive bitterness in opposition to each other. 
The first measures of Massachusetts and New .York demonstrated that the 
reconciliation vnth the colonies was not cordial. 

With the circular of Mr. Secretary Cpnway, announcing the i^epeal of the 
stamp a^ came a resolution of Parliament, declaring, mat those persons 
who had sufl^red injury by assisting to execute that act, oUght to be compen- 
sated by the colonies, respectively, in which such injury was done. This, 
specially, affected Massachusetts, where coippU^ce with the resokition was 
tardy, reluctant, and ungracious. An act of pardon to the ofl^ders, and of 
indemnity to the su^rers, was, however> pa^ed ; but it was rejected by the 
King-; because the colonicJ Assembly had no power under their charter, to 
pass an act of general pardon, but at the instance of the crown. 

In New York, where Greneral Gage was expected tvith a considerable 
body of troops, the governor required from the Legislature, compliance 
vrith the act of Parliament, called the *^ Mutiny Acty] which directed, the 
colony, in which any of his Majesty's forces might be stationed, to provide 
barracks for them, and certain necessaries in their quarters* The Legis- 
lature, reluctantly and partially, complied with the requisition ; hut at a sub- 
sequ^t session, when the matter was again brought before them, they deter- 
mined, that the act of Parliament could only be construed to require jieoes- 
saries for troops on a march, and not wfiile permanently stationed in the 
country; on Ji contrary construction, they said, the colony might be gpriev- 
ously burdened, by marching into it several regiments. This neason ad- 
mits the obligaticHi to obey the act. Ydt, its requisitions were, unquestionia- 
bly, a tax; and between the power of Parliament to levy money by its own 
authority,, and, compulsorily, through the cdonial Legislatures, no essential 
distinction can be (irawn. A like requisition was made oh the L^islature 
6f New J^rs^, in April, 17W, by Grovemor Franklin, which was fulfilled 
with cheerfiil alacrity* Such werie the inaccurate id^ts, which even then 
prevailed, in parts of the continent} relative to the ecHOlrol whidi Phriiainefit 



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HSTORY OP NEW JERSEY. 146 

might jusdy exercise over the colonies. The contumacy of New Tcnrk was 
punished and removed by prohibiting the . L^;islature from passing any act, 
until the requisition of the Parliament had been, in every respect, compUed 
with.* 

Some troops having been driven, by stress of weather, into the harbour of 
Boston, their commander applied to Governor Bernard, for the necessary 
and usual supplies, which were granted by consent of the council, '' in pur^ 
suance of the act of Parliament" But the general court wluch met soon 
afterwards, (1767) disapproved, in pointed terms, the conduct of the gover- 
nor, declaring, that, " after the repeal of the stamp act, they were surprised 
to ftnd, that this act, equally odious and \mconstitutional, should remain in 
force*. They lamented the entry of the reason for the advice of council, the 
more, as it was an unwarrantable and unconstitutional step, which totaHy 
disabled them from testifying the same cheerflihiess they had always shown, " 
in granting to his Majesty, of their free accord, such mds as his service had, 
from time to time, required." 

II. The repeal of the stamp act, however grateful to the friends of liberty, 
to the colonists, and to the English merchants trading with them, was not 
popular with the nation at large. The supremacy of the Parliament was 
maintained by the mass of the people ,' the hope of revenue from America 
was too fascinating to be surrendered without fbrther exertion ; and the King 
beheld,, with high indignation, the resistance to his authority, and the political 
principles which his American subjects had displayed. Moved by these con- 
siderations, Mr. Charles Townsend, chancellor of the exchequer, in an ad- 
ministration formed by liord Chatham, a man of splendid and versatile ta- 
lents, invited the attention.of Parliament, again, to the subject of American 
taxation. He boasted, "that he knew how to draw a revenue from the 
colonies, without giving them offence, and animated by the challenge of Mr. 
GrenviUe, to make his vaunting true, he proposed and carried almost unani- 
mously, a bill imposing certain duties on tea, glass, 'paper, and painters' 
colours, imported into the colonies from Great Britain ; the proceeds of which 
were appropriated to the support of government in America, so far as should 
be necessary, and the balance to be paid into the British treasury. 

This measure was founded in the erroneous belief, that the colonists ob- 
jected rather to the mode than to the right of taxation. But though there 
had been some inaccuracies in expressing their views on the statutes regu- 
latmg trade, ther6 should have been no misapprehension of their determination 
to resist every attempt to tax them without their consent. The ,bill of Mr. 
Townsend had the unequivocal character of a revenue law, and as such waa 
avowedly enacted ; nor were the provincialists «low to declare their sense of 
its true character. 

III. Petition and remonstrance were again resorted to by the colonial 
Legislatures. The tone^ generally taken, was not so high, as in case of 
theatamp act; but the conviction that the one was as great a violation of 
public liberty as the other, soon became i^iiversal. 

The colony of Massachusetts, in addition to her other measures, addressed 
a circular letter (11th February, 1768,) to the Assemblies of the respective 
colonies, stating her own proc^ings to obtain redress. This was laid be- 
fore the House of Representatives of New Jersey by the speaker, Courtland 
Skinner, Esq., on the 16th of April, and was referred to Messrs. Borden, 
J. Lawrence, and R. Lawrence, with instructioDB to draught an answer 
thereto. The answer, signed by the speaker, renmrks, "sensible that the 
law you complain of is a subject in which every colony is interested, the 

^ManhaU. 



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146 HISTORY OF NEW JERSEY- 

House of Representatives readily perceived the iieoes»ty of an iniinediate ap- 
plication to the Kingy 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 endea- 
voured to conform themselves to the mode adopted by you. They have 
therefore given instruction to their agenty and enjoined his attention on the 
subject of their petition.'* And it concluded, ** the House have directed me 
to assure ym, 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, Mdy 7th, 1768, adopted a petition to his Ma- 
jesty, in which, afler recounting the perils and labours 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 bom sub- 
jects 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 recognised and confirmed by your 
royal predecessors, and the Legislature of Great Britain." 

" One of these rights and privileges vested in the people of this colony, is 
the privilege of being exempt firom any taxations, but such as are imposed on 
them by themselves, or by tlieir representatives ; and this they esteem so in- 
valuable, that tliey are fully persuaded, no other can exist without it." 

Then, afler recalling to the remembrance of their sovereign, their past 
promptitude in furnishing all necessary supplies required from them, and their 
disposition for the future, to evince " their unfeigned afibction for his Majesty's 
nerson, their distinguished duty to his government, and their inflexible reso- 
lution to maintain his authority and defend his dominions," they proceed; 

"Penetrated with these sentiments, this, your people, with the utmost con- 
cern and anxiety observe, that duties have lately been imposed upoii them by 
Parliament, for the iole and express purposes of raising a revenue. This is 
a taxation upon them from which they concieve they ought to be protected, 
by the acknowledged principles of the constitution : that freemen cannot be 
legally taxed but by themselves or by their representatives ; and that they are 
represented in Parliament they not only cannot allow, but are convinced from 
their local circumstances they never can be." 

" Very far is it from our intention, to deny our subordination to that au- 
gust body^ or our dependence gn the kingdom of Great Britain ; in these con- 
nections, and in the settlement of our liberties under the auspicious influence 
of your royal House, we know our happiness consists, and therefore, to con- 
firm those connexions and to strengthen this settlement, is at once our interest, 
duty, and delight. Nor do we apprehend, that it lies within our power by 
any means more effectually, to promote these great purposes, than by zeal- 
ously striving to preserve in perfect vigour, those sacred rights and liberties, 
imder the inspiriting sanction of which, inconceivable difficulties and dangers 
opposing, this colony has been rescued from the rudest state of nature, con- 
verted into a populous, flourishing, and valuable territory; and has contributed 
in a very considerable degree, to the welfare of Great Britain." 

" Most gracious* sovereign, the incessant exertions of your truly royal 
cares, to procure your people a prosperity equal to your love of them, en- 
courage us, with cdl humility, to pray, thatj your Majesty's clemency will be 
. graciously pleased to tokd into consideration our unhappy circunistances, and 
to a^rd us such relief, as your Majesty's wisdom shall judge to be most 
proper." 

IV. The Legislature of Massachusetts, which convened early in January, 
1768, address^ remonstrances to the King, to Parliament, and to the minis- 



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fflSTORY OP NEW JERSEY. 147 

ters, and a circular letter to the several colonies. The latter contained an 
exposition of the subject of their remonstrances, a recapitulation of the argu- 
ments ui^ed against the stamp act, and declared the taxes lately irtiposed, to 
be ine<](uitable, because exacting a duty upon the importation into America, 
on British manufactures, in addition to that pmd on exportation from Eng- 
land; ai^d that, the proposed disbursements of the revenue, in the payment of 
the salaries of the governors and' judges appointed by the crown, l^d a ten- 
dency to subvert the principles of equity, and to endaiiger the happiness and 
security of the subject.' 

V. The promptitude and unanimity of the colonies, generally, on this oc- 
casion, has been, with great justice, ascribed to the judicious and eloquent 
essays of Mr. John Dickerson, published as "Letters from a Farmer in 
Pennsylvania, to the Inhabitants of the British colonies.'^ These papers, in 
which the rights^ of the colonists were ably maintained, were republished in 
every colony; and the people c^ Boston, and other towns, in town meeting, 
voted a letter of thanks to their " patriotic, enlightened, and noble spirited 
author." 

VI.' In their controversy upon the stamp act, the colonists found their 
most efi^tuai weapon in their non-importation agreements. Recourse was 
again h^ to them. But as New Jersey had. little direct commerce, of im- 
portadon, she could not express her sense of injury, adequately, by this 
mode; but she was not precluded from giving to li^r commercial qeighboura' 
the stimulus of her approbation. Accordingly, in the October session of 
1769, her L^islature resolved 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 con- 
duct, in withholding their importations of British merchandise, uiitil certsun 
acts, of Parliament, laying restrictions on Americto commerce, for the ex-, 
press purpose of raising a revenue in America, be repealed." 

, Eflbrts being 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 founded on the truest policy, and wsls a legal and con- 
stitutional method of discovering their sei\se of the acts of Parliament, for 
raising a revenue in the colonies; and thereibre should be firmly adhered to, 
until such acts were repealed: That they would not themselves, or by others, 
receive, purchase, sell, or otherwise use, any of the manufactures or nter* 
chandise, imported from Great Britain, contrary to the agreement ; and that, 
they would not trade, nor have any commercial intercourse, with such per- 
soiB, who should import goods or cause them to b6 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 Phi- 
ladelphia brethren, in renouncing all commerce and intercourse with the 
traders and inhabitants of Newport, in Rhode Island, who had perfidiously 
de9erted them in this struggle ; and that they would observe the same rul^ 
of conduct they had so properly adopted, with respect to the traders and in- 
habitants 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 th^ the signers to the late non-im- 
portation agreement, at New York, had perfidiously betrayed the common 
cause, deserted their countrymen, in their united struggles for the removal of 
ministerial oppression; and that every person who, contrary to the noa- 



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148 fflSTORY OF NEW JERSEY- 

in^portation agreement, shall import, ought, by the friends of their eoimtry, 
to be treated, not only in like manner, as they themseWes set the example, 
in the late case of tjie 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 that they would strictly adhere to their resdutions, adopted 
at a former roeetiilg. The conduct of the New York importers was <J(Hi- 
demned by the inhabitants of . Woodbridge, and New Brunswick, and other 
places, in torms still more energetic^ Some of these importers, ventur- 
ing, soon after, to New Brunswick and Woodbridge, with their goods, were 
severely handled by the populace. 

VII. *< On the first intimation of the noeasures taken by Massachusetts, the 
Earl of Hillsborough, who, about the close of the year 1767, had been appoint- 
ed to the then newly created office of Seqretary of State, for the department ' 
c^the colonies, addressed a circular letter to the several governors, to be laid 
before the Assemblies, in which he treated the circular of Massaphusetts, 
as of the most dangerous and factious tendency, calculated to inflame the 
minds of his Majesty's good subjects in the colonies — ^to promote an un- 
warrantable combination, to excite and encourage an open (^position to, and 
denial of, the authority of Pctrliameht ; and to subvert the true principles of 
the constitution ; and he endeavoured to prevail upon them to treat with re- 
sentment, *^ such an unjustifiable attempt to revive those distractions, whi(^ 
had operated so fatally to the prejudice of the colonies, and of the mother 
country ; but in any event, not to take part with Massachusetts, by approv- 
ing such proceedings.'' Instructions accompanied this letter, to dissolve 
such Assemblies as should refiise to comply with its recommendation. It 
does not appear, that the Assembly of New Jersey took any order upon the 
circular of Massachusetts. But oth^r colonies declared, that they could not 
consider as an unwarrantable combination, a concert of measures to give 
^cacy to their representations, in support of principles essentia to the Bri- 
tish constitution.* 

"This circular of Massachusetts, together with the violent, proceedings 
which were subsequently had in that colony, were tiie cause of joint resolu- 
tions of both Houses of Parliament, condenming in the strongest terms, the 
measures pursued by the Americans. An address was agreed upon, approving 
the conduct of the crown, giving assurances of efliectual support to such 
further measures as should be found necessary* to maintain the civil magis- 
trates in. a due execution of the laws within the province of Massachusetts 
Bay ; and beseeching his Majesty, to direct the governor of that colony, to 
obtain and transmit to him, information of all treasons committed therein, 
since the year 1767, with the names of the persons who had been most 
active in promoting such ofl^nces, that prosecutions might be instituted 
against them, mtkin the realm^ in pursuance of the statute of the d5th of 
Henry Vm."t 

VIII. The impression made by these menaces, directed specially against 
Massachusetts Bay, in expectation that the otiier provincerwould be, thereby, 
deterred from involving themselves in her dangers, was very unfavourable to 
the views of the mother country. The resolution to resist the exercise of 
the authority claimed by her, was not only unshaken, but manifested itsdf 
in a still more determined form. The Assembly of Virginia, soon afler the 
receipt of these resohitions., asserted, unanimously, the exclusive right of that- 
Assembly to impose taxes on their constitiients, and their undoubted privi- 
lege to petition for redress of grievances, and to obtain the concurrence of 
the other colonies in such petitions. Alluding particularly to the joint i^d- 

* Marshall. t Ibid. 



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HISTORY OF NEW JERSEY. 149 

dress of the two Houses of Parliament to the King, they also resolved, that 
all, persons charged with the commission of any o&nce» within that colony, 
were entitled to a trial before the tribunals of the country, according to the 
fixed and known course of proceedings therein; and that to seize such per- 
sons, and transport them beyond seas for trial, derogated, in a high degree, 
from the rights of British sub^jectS; as, thereby, the inestimable privilege of 
being tried by a jury, from the vicinage, as well as the Uberty of summon- 
ing and producing witnesses, in such trial, would be taken fh>m the party 
accused. This last resolution waer also adopted, in terms, by the Assembly 
of New Jersey.* 

IX. Notwithstanding Aese strong measures on the part of Parliament, the 
mass of the English trad^ populatbn,. feeling, severely, the consequences 
of the non-nnportation agreement, strongly urged the abrogation of the new 
duties. And the miniistry, afifocted by the commercial distress, were desirous 
to give relief, but were resolute to maintwn the. parliamentary right to tax 
the colonies. • 

With criminal weakness they adopted a middle course, remarkable for the 
ignorance it dispUyd of the state of the public mind> and the nature of the 
public character^ in America. The ecumest remonstrances and prompt and 
enei^etic resistance of the colonies, had fkiled to convince them, that the 
assertion of the right, and not the amount of duty levied, was the true source 
of complaint. The ministers pendsted in believing that a reduction of the 
tax would restore tranquillity. Under this delusion^ assurances were given, 
in 1769, that five-sixths of the taxes imposed in 1767, should be repealed: 
and, in 1770, the whole wero abolished. • . 

. Adhering strictly to their principles^ the colonists modified their non-im* 
pcnrtation agreements, to operate on tea alcme« This they were better ena- 
bled to do, as that article could be obtauied from continental Europe, by 
Smuggling, hi sufiident quantities, and at less price, than if regularly im- 
ported fifoin Great Britain. The anticipation of rovenue, by continuance of 
the impost act, was, therefore, vain ; and its preservation on the statute book, 
served but to keep the jealousies and fears of the provinces m constant acti* 
vity, and to familiarize the people with opposition to a power, which like the 
sword of Damocles, threatened, momentarily, their destruction. 

In some of the colonies the non-importation agreements were partially vio- 
lated; but, in the greater part, they were reUgiousiy observed. By the reve- 
nue act, in its modified form, their rights were exposed to violation, yet their 
preservation depended on themselves ; since, whilst no dutiable commodity 
was purchased, no duty was paid ; and whDst this commodity was, other- 
wise, cheaply procured, no privation was sustained. Hence, a state of poli-r 
tical quiet ensued the repealing act of 1770. The ministry seemed disposed 
to avoid further aggression, and the Americans, generally, ceased to remon- 
strate and complam ; although they continued to watch, with lynx-eyed vigi- 
lance, every movement of the British government, and to discuss, publicly 
and privately, the value of the union between the colonies and the parent 
state* 

X* The period of four years, which succeeded 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 
otiier colonies. A ready market aiid advanced price for grain, increased 
the value of lands, and seduced the ent^rising into improvident purchases. 
The causes of this excited state ceasing with the peace, glreat depression 

" December Mi, 1769. 

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16D fflSTORY OF NEW JERSEY. 

or prices, and contracition ef businesB, ensued. Debtors were unable to pay ; 
bankruptcies and suits at law were numerous, and the prosecuting crediu>r 
and his attorney became odious to the debtor and his sTmpathizing friends* 
In popular distress, as amid arms, the laws are silent. In January, I770« 
many citizens of Monmouth county, assembled at Freehold, on the ^8tatBd 
day for holding the county court, and violently deterred the judges from exe- 
cuting their office; compelling them to return to their respective homes; and 
a similar riot, in Essex, was suppressed, only, by the spirited conduct of the 
sheriff, magisttates, and the better disposed inhabitants. The cause alleged 
for these unwarrantable proceedings, was oppression by the lawyers, in their 
exorlntant charges for coats* The governor, by the advice of his council, 
issued a special commission for the trial of the o^nders, adding to the jus- 
tices 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 chastisement, by the sympathy g£ their 
fellow-citizens. The Assembly was specially convened a« well to receive 
and continue legal process, which had abated by the lapse of a term, as to 
provide additional means for the preservation of the public peace. And whilst 
ejecting these objects, they inquired strictly into the allegations against the 
lawyers, aqquitting them of extortion, but pxoviding by law against exces- 
sive costs, in the recovery of debts under fifty pounds. In suppressing these 
seditions Mr. Richard Stockton was highly instrumental, supporting with 
dignity the authority of government, and mildly assuaging the temper of the 
people. 

XI. In the intercourse between Gcovemor 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 appli- 
cation of the officers of the King's troops, for supplies and accommodations 
greater than the House was disposed to grant. For, although die statesmen 
of New Jersey did not take the nigh ground of Massaqhusetts, upon this sub- 
ject, they were reluctant to expend afty' thing more than the strictest con- 
struction of the act of Parliament required; A lengthened discussion was 
finally terminated by n^utual 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 w€» 
retained atod located in each of th^ ancient divisions of the colony ; and by 
policy not less singular, they were appointed by the governor, gave no secu* 
rity tor the faithful performance of their duties, but were responsible to, and 
always accounted with, the Assembly. 

XII. Mr. Stephen Skinner was treasurer of East Jersey, and resident 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 The character of the 
treasurer was fair, and his statement of circumstances was received without 
inquiry, during two years; when no clue being discovered to the robbery^ 
the Assembly, October, 1770, directed an investigation, and came to the 
conclusion, that the Ums was occasioned by the want- df that care, which was 
necessary to the safe keeping of the money ; and that the treasurer ought 
not to be allowed therefor in his accounts. But no further steps wore 
taken hi this matter, until September, 1772; when, the treasurer remon- 
strating against this vote, the then. House approved the sentiment of its pre- 
decessor, and invited the governor to join tbem in some method to compel 
the treasurer to account for the sum, said to he gtoleru 

The committee, addressing his excellency^ complained, " that though the 
treasurer did not apprehend himself accountable fbr that sum to the public. 



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HIJSTORY OF NEW JERSEY. IM 

at in the treasury, he.was still eontinued in office, the public money stiU de- 
pended on his care, and nothing had been done to recover the deficiency." 
Notwithstanding, this broad intimation^ the governor insisted, that if the 
House desired the removal of the treasurer, they should tell him so, in plain 
terms. He reproached them for their insinuation of neglected duty, and re- 
torted the charge, averring, that for several years, they had taken no order 
o;^ the matter. The Assepibly, thus urged, now lefl the governor no cause 
to doubt their wishes, and closed a long argumentative reply, with " humbly 
requesting his excellency, that he would be pleased to remove the treasurer 
from his office, appoint some other person therein, and unite with then) in 
passing a law, authorizing the treasurer, so appointed, to commence suit for 
the denciency against his predecessor. The . governor did not object to a 
suit for determining the Uability of the officer; and a committee of the. coun- 
cil, in conference with one from the Assembly, proposed to file an informa* 
tion against the treasurer^ but the Hotise rejected the mode, alleging, that a 
criminal prosecution would not attain their object. On the other hand, the 
governor refused to commit the injustice of; removing a public officer, who, 
though unfortunate, had not been convicted of malfeasance ; and whose^eon* 
duct and character the Assembly, afler examination, . had declared unim- 
peached. He pleaded, also, 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, wjiich too oflen prevails in popular 
assemblies.* 

This, was a subject of angry xiiscussion, between the governor and As- 
sembly, 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 
lyas probable, from the evidence of his accomplices, had perpetrated the rob- 
bery of the treasury. At length, the t.reasurer, who had repeatedly, but in 
vain, prayed the Assembly to cause a suit to be instituted against him, re- 
signed bis commission; and an act was passed by the Legislature, directing 

* Ma^ we not here oroperlv remark, tbat a clause in our republican constitutions, 
prohibitiDflr the remoyal of^ publlo officers, taUh(nU good and si^Hment caus6y would pro- 
tect u«ef\u public servanfo against the arbitnliy and despotic temper, which some- 
times actuates ffovemors and j^residenta, as well as that, capricious disposition, and 
proscriptive spirit of party, which too oflen prevails in. popular assemblies? Officers 
of state are created for the service of the people, as the state itself is constTtuted for 
their benefit. The individual emolument which arises from ihe maintenance of the 
officer, is an &ceidentj not .the object, of the creation. Tet, a fatal misconstruction of 
the maxim, that offices are created for the people, has been so widely spread through- 
out our republics, as to threaten their safety and duration. Leaders of parties, in high 
stations, proclaim " roUUion m office^' to be republican; that all citizens are entitled 
to participate, in official emoluments, and- are competent to the performance of of- 
ficial duties. Such doctrinee have a demoralizing, effect, tending to discourage 
industry, and to create numerous anxious, idle, venal, expectants of office. Their 
absurdity becomes apparent, by following them out to their proper res^ilts. Even, 
if we limit the position, by Saying, that all men duly quali£(ed, are entitled to 
participate in official emoluments, it will be obvious that an attempt to reduoe it to 
practice, however impossible, w6uld produce a change every hour, m every office of 
the country. The true pnnciple is, that public officers are agents of the people, to 
be appointed, directly or indirectly, by the people, as they shall m their wisdom deter- 
mine; and should be changed, only, when the public interests require. Like other agents 
they should receive a moderate, but just, compensation for their services, with the 
assurance of its continuance, whilst those services are. faithfully, rendered. Towards 
their public servants, the whole people^ the state, shoind pursue the course which 
each individual possesinng common sense, adopts in his own afikirs. No prudent man 
discharges a competent, Experienced, and faiOifti] servant, to receive others in qukk 
fuocesstoB, who enter his service with a view solely to the wages, and whose capacity 
for service is to be acquired at his expense. 



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.152 HISTORY OF NEW JE38SEY. 

his successor to sue for the balance. One good ^fect resoltijig jQrom this 
contest, was the requisition on future treasurers, to give adequate security to 
the province for the faithful disbursement of public moneys.* 

XIII. Governor Franklin seenjs to have [^eea truly solicitous to promote 
the welfare of the colony, by increasing its agricultural and commercial pro- 
ducts. At his instances, which in the present season of political quiet, he 
earnestly renewed, the Assembly established bounties for the growth of 
hemp, fkx and silk ; considerable efforts were made to diffqse the culture of 
the mulberry tree, and had i^ot this simple branch of industry been prostrated 
by the war, silk would soon have. become a staple commodity of the country. 
At the suggestioa of the governor, also, means were taken by the Assembly, 
to obtain a full - census, and statistical account of the province ; but these 
were rendered ineffective by the scenes of political disquiet which soon 
afler arose. 

XIV. Previous to the year 1772, the House of Representatives consisted 
of twenty members. The cities of Perth AmiK)y and Burlington, and the 
counties of Middlesex, Essex, Somerset, Bergen, Gloucester, and Cape May, 
each sending two representatives, whilst Salem and Cumberland jointly, sent 
only two, and Hqnterdon, Morris, and Sussex jointly, the same number. 
But in that year, an act of Assembly for increasing the number of represen- 
tatives, had been approved by the King, and seekns to have been a cause of 
gratulation between the governor and Assembly. By this act, each county 
was entitled to two representatives, and the whole number was increased 
to thirty. The representation which appears to have been based upon ter- 
ritorial divisions, merely, without regard to the essential principle of popu- 
lation, was; thus, continued upon an erroneous ba^is, and has not been fuUy 
corrected, even at the present day. 

XV. Governor Franklin, on the part of the province, contrary to the policy 
which it had hitherto pursued, attended two Conferences with the northern 
Indians. The first was in 1769, at Fort Stanwix, at which he was accom- 
panied 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 declared that 
they had no claim, whc^ver, upon the province, and in the most solemn man- 
ner confbrred upon the government of New Jersey, the distinguishing name 
of Sagarighwiyogstha, or the great arbiter, or doer of Justice. 

* See note BB. , 



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HISTORY OF NEW JERSEY. 153 



CHAPTER XL 

Compriskijg Events from the year 1773, to 1776. — I. Committees of Correspondence 
esttUished in the several Colonies. — ^11. The British Ministry encourage the ship- 
ment of Teas to America, by the East, India Company. — III. Alarm of the Colo- 
nists-— Consignees of the India Company compelled to fbrefl^<)|^eir appointments.—- 
IV. Measures pursued in New Jersey. — V. Reception of the Tea m America. — 
VI. Indignation of the King and Parliament.— -Vll. Violent measures adopted 
^. atfainst Aiaibn. — VIII. Alarming Act of Parliament, relative to the Provincial 
Government of Canada.— *IX. Proceedings of the Inhabitant of Boston — General 
commiseration of their fate. — X. New Jersey appoints Members to Congress.-^ 
XI. Congress assemble at Philadelph'^i^ — ^Their proceedings. — XII. The Assembly 
of New Jersey approve tke Proceedings of Congress, and appoint Delegates to 
the next Convention— Instructions.— Al II. -The Provincial Governors instructed 
to impede, the Union of the Colonies—Efforts of Govdhior Franklin .—XIV . Reply 
of the House.—^XV. Rejoinder of the Governor— Address of the Council. — XVl. 
The Assembly petition the King.— XVII. Rece'pti6n of the Proceedings of Con-^ 
gross in London. — XVIII. Proceedings of parliament — Conciliatory Propositions 
of Lord North.— XIX. Sense of Neiw Jersey upon this proposition.— ^X. State of 
the Dispute With Englknd. — XXI. Second New Jersey Convention' called-^En- 
courSjges Political Associations — Organizes the Militia, andj^ovides funds. — XXII. 
Meeting of Congress H Philadelphia — Its Measures. — XXIII. Appointment of 
Oommander-in-Cnief and subordinate 'Generals. — XXI V: Cooffress a^ain petition 
the King^-Uhgracious reception of the petitioa. — XXV. Address their felloW" 
subjects of Ireland, &c. — XXVI. New Jersey Convention re-assembles — Proceed- 
ings — Provision for the continuance of a Provincial Congress — Committee of Safety 
appointed. — XXVH. Meeting of the Assembly — Addrese of Governor Franklin — 
He claims aiwurance of proteetion for himself and others, the King's ofiicers.-— 
XXVIII. Reply of the Assembly.— XXIX. Act authorizing the issue of Bills of 
Credit, for £100,000, approved by the King. 

I. It is not our purpose to detail all the remote causes and immediate mo- 
tives that led to tlKJ revolution, which dissolved the connexion between Great 
Britain and her North American colonies ; but to keep up such a connected 
narrative of circu)matances pertaining to that great ev^nt, as will enable us 
to exhibit the part which New Jersey bore in the contest* We do not, there- 
fore, enter upon the various causes of dissatisfaction in Massachusetts, and the 
measures resulting therefrom, which preserved there a spirit of opposition to 
the crown, whilst a general c«dm was elsewhere pervading the continent. It 
may be proper, however, to note, that, from the commeuQement of the con- 
test, Massachusetts was particularly solicitous of uniting all the colonies in 
one system of measures. In pursuance of this object, she devised the ^lan 
of electing committees in the several towns for the purpose of corresponding 
with each other, and with the other colonies, which was adopted by the 
other provinces. The honour of origbating the Legislative committees of 
correspondence in the. several colonics, which afterwards became so essen- 
tially useful, is claimed, by Mr. Jefierson, for Virginia. 

II. The general state of quiet which had been mduccd by the prudence of 
tiie European and American parties, the one forbearing to ship, and theothei^ 
to order teas, was, afler three years' continuance, terminated by the impolitic 
avarice of the British ministry. The East India company, the most daring, 
ambitious, and successfiil of commercial associations, had became embarrassed 
by lavish expenditure, the peculiOions of their servants, and the diminution 
of their trade in consequence of the American quarrel. Applying to the 
government for assistance, they proposed, that the duty of three pence per 
pound, payable on tease imported into the colonies, should be abolished, and 



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154 HISTORY OP NEW JERSEY. 

that six cents per pound should be imposed on the expoitaUon. This fin- 
vourable and honourable mode of removing the occasion for dispute between 
the parent and her offspring wae, we cannot, now, say, unfortunately, rejected 
by the administration; who, as if by extraordinary stimulus to accelerate the 
coming contest, proposed and carried a bill authorizing the company to ex- 
port their teas altogether free of duty. Lord North, says the EngK^ histo* 
rian, recommended this measure to Parliament with a twofold view; to 
relieve the India Company and to improve the revenue. The latter was to 
be accomplished by tempting the Americans to purchase lai^ quantities of 
teas at a low pjric^ But the Company would not venture to ship, until 
assured by the ministry, that in no event they should suflEer loss. 

III. The export- of tea to America, under these circumstanoes, was, in 
itself, si^cient to arouse opposition. But the occasion was eagerly seized 
by those whose interests would be promoted by popular resistance. Mer- 
chants in England, whose profits were endangered by this operation of the 
India Company, and cis-atlantic smu^lers, whose trade was threatened 
with extinction, laboured with the patriot, to convince the people of the im- 
mutable determination of the parent state to tax the colonies ; and for that 
purpose, to compel the sale of the tea, in despite of the solemn resolutions, 
and oft declared sense of the inhabitants. The cry of endangered liberty 
was again heard from New Hampshire to Georgia. Town meetings were 
held in the capitals of the difierent provinces, and combinations formed to 
obstruct the sale of the fatal weed. The consignees of the Company were, 
generally, compelled to relinquish their appointn^nts, ^and substitutes could 
not be procured. 

IV. The most determined spirit of resistance displayed itself, in New 
Jersey, upon the first favourable opportunity. On the eighth of February, 
1774, the Assembly, on the proposition of Virginia, appointed from its mem- 
bers, a standing committee of^ correspondence,* whom they instructed to 
obtain the most early atid authentic intelligence of all the acts and res6» 
lutions of the Parliament of Groat Britain, or the proceedings of the adminis- 
tration, which might aflect the liberties and privileges of his Majesty's sub- 
jects, in. the British colom'es of America ; to maintain a correspondence with 
the sister colonies, respecting these important ccmsiderations, and to inform 
the speakers of the several continental Assemblies of this resolution, request- 
ing, that, they would submit them to their several Houses. They gave thanks, 
alS), to the burgesses of Virginia, for their early attention to the liberties of 
America. 

V. On the approach of the tea ships destined for Philadelphia, the pilots 
in the Delaware were warned not to conduct them into harbour; and their 
captains, apprized of the temper of the people, deeming it unsafe to land their 
cargoes, consented to return without makmg an entry at the custom house ; 
the owners of goods, on board, cheerfully submitting to the inconvenience of 
having their merchandise sent back to Great Britain. The captains of ves- 
sels addressed to New York, wisely, cwiopted the same resolution. The tea 
sent to Charleston was landed and stored, but not o6^red for sale ; and beings 
placed in damp cellars, became rotten, and was entirely lost. The ships de- 
signated for Boston entered that port," but before the tea could be landed, a 
number of colonists, disguised as Indians, pursuant to a concerted plan^ 
entered the vessels, and without doing other damage, broke open three hun- 
dred and forty-two chests, and emptied their contents into the sea. Such 

* Connstinff of James, Kinsey, Stephen Crane, Hendrick Ushef , Samael Tucker. 
John WetheTUl, Robert Friend Price, John Hmchman, John Mehehn, and Edward 
Thjior. 



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HISTORY OF NEW JERSEY. 165 

was the union of sentiment amoj^ the peopH and so systematic their oppo- 
sitiony that not a single chest of the cargoes, sent out by the East India 
Company, was sold for their benefit. 

VI. Theconduct of the colonists, generally, in relation to the tea ships, and, ' 
especially, the daring trespass at Boston, gave great umbrage to the King. 

. In his message*' to Paiiiameht, he characterized the colonial proceedings as 
obstructing ^ commerce of Great Bnitain, and subversive of her constitu- 
tion. High and general indignation was excited in that body. His Ma- 
jesty's measures were almost unanimously approved, and pledges were given 
to secure the due execution of the laws, and the dependence of the colonies. 
To maintain that (^pendence, the whole nation seeined di^x)sed to approve 
and support the severest measures of the ministry. All consideration for the 
just rights of the colonists, was lost in the desire to punish their audacity ; 
and, i& the moment, the patriot forgot his principles,^ and the n^rchant his 
interest, wKilst fired with indignation at the bold resistance \o the will of the 
parent state. 

VII. Upon Massadiusettrthe vials x)f wrath were first poured out. Before 
the magnitude of her guilt the offences of other colonies became insignificant. 
By one act of Parliament the port of Boston was closed, and the custom 
house and its dependencies transferred to the town of Salem, until compen- 
8ati6n should be made to the East India Company, and until the King in 
council, should be satisfied of the restoration of peace and good order in the 
town <^ Boston : By another act^ the charter' of Massachusetts was subvert- 
ed; 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 were made on 
oath to the governor,, that such offence had been committed, in aid of the 
magistracy in the suppression of riots, and that a fair trial could not be had 
in tfie* provmce, 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 Parlia- 
ment; in the Lords, the minority entered their protest against each. 

. Vin. An act passed simultaneously with the foregoing, making more 
effectual provision for the government of th^ province of Quebec, excited as 
much, indignation and more dread among the colonies, than the severe mea- 
sures agamst Massachusetts. The latter might be palliated as the result of 
indignation, violent, but not causeless ; while the former, vesting the legisla- 
tive power in a council dependent on the crown, and subjecting the whole 
revenue to the King's disposal, bore strong indications of the resolution of the 
ministry to take from the colonies, generally, the right of eelf-govemment. 
Had sympathy foiled to unite the other provinces to the fate of Massachusetts, 
regard to their common safety, so openly threatened, would have rendered 
their union ii^dissduble. Both, were intensely felt. 

IX. The inhabitants of Boston had foreseen the present crisis, and they 
met it with undaunted spirit. Information of the passage of the port act was 
received on the tenth of May, and on the thirteenUi, the town resolved, " that 
if the other colonies would unite with them to ^stop all importations from 
Great Britain and the West Indies, Until that act should be repealed, it would 
prove the salvation of North America and her liberties ; but should they con- 
tinue their exports and imports, there was reason to fear that fraud, power, 
and the most odious oppression, would triumph over justice, right, social hap- 
piness, and freedom." A copy of this resolution was transmitted tp the other 
colonies, the inl>abitants of which expressed deep sympathy in the sufferings 

• 7th M»ch, 1774. . 

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156 fflSTORY OP NEW JERSEY. 

of their brethren in Boston, endured in the common cause ; and concurring 
in opinion with them on the propriety of convening a provincial Congress, 
delegates for that purpose were genersdly chosen. 

Throughout the continent, the first of June, the day on which the Boston 
porf act was to take eflfect, on the resolution of the Assembly of Virginia, 
was adopted as a day of fasting, humiliation, and prayer, to implore the 
divine interposition to avert the heavy calamity which threatened destruc- 
tion 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. 

X. Early in the month of July, the inhabitants of the several counties of 
New Jersey, assembled at their respective county towns, and adopted reso- 
lutions strongly disapprobatory of the course of the ministry and of the late 
acts of Parliament, closing the port of Boston, invading the charter rights of 
the province of Massachusetts, subjecting supposed offehders to trial in other 
colonies and in Great Britain, and sendmg an armed force to carry those in- 
jurious measures into effect. They nommated deputies, to meet in conven- 
tion, for the purpose of electing delegates to the general Congress, about to 
convene at Philadelphia. The Convention, consisting of seventy-two mem- 
bers, selected frooithe most intelligent and respectable citizens of the colony, 
among whom were many members of Assembly, met at New Brunswick on 
the twenty-first of July, 1774 ; and choosing Stephen Crane, chairman, and 
Jonathan D. Sergeant, clerk, proceeded to reiterate the sentiments of their 
constituents, and to nominate James Kinsey,* William Livingston, John De 
Hart, Stephen Crane, and Richard Smith to represent ihem in Congress, and 
the following gentlemen as a standitig conunittee of correspondencetf Wil- 
liam Peartree Smith, John Chetwood, Isaac Ogden, Joseph Borden, Robert 

* Kinsey left Congresi in Noyembdr, 1775, refusing to take the repabKcan oath of 
al]efftance.-*J<9«riuiZ of Congress y Qdr Decemkw, 1775. He was highly esteemed not- 
withstanding the course he took at this time. '^ He is a very g<x>d man/' says Go- 
vernor Livingston, in a letter to Samuel AUinson, of the 25th or July, 1778, " movurk 
not the best hand on deck in a storm.'' To Kinsey himself the governor wrote, mk 
of October, of the same year: << As I find myself engaged in writing to my old firiend, 
I cannot help embracing this opportunity to express my -concern at your standing so 
much in your own light, as to forego your practice rather than submit to a test, which 
all governments ever have, and ever will, ;mpose upon those who live within the 
bounds of their authority * * * ». Tour voluntary consent to take tho test prescribed 
by law, would soon restore you to the good opinion of vour country, (every body 
allowing you, notwithstanding unacoomitable political obliquities, to be an honest 
man) and your way to the mafistracy would, doubtless, be easy and unincumbered.^* 
Some ^oars afterwards Mr. Kinsey became chief justice. He died about 1801. — 
Sedgwick's lAfe of lAtingsUmf p. lo9. 

We find the following minute in the votes of the Assembly, November 17, 1775. 
'* Mr. Kinsey and Mr. De Hart, two oi the delegates appointed by this House, to atr 
tend the continental Congress, applied to the House for leave to resign their said njf- 
pointments, alleging that they are so particularly circumstanced, as to render their 
attendance, exceedingly, inconvenient to their private afiairs." On the 22d November, 
their resignations were accepted, and the three remaining delegates, or any two of 
them, were empowered to renresent the dolony in Congress. 

f Mr. De Hart appears to nave soon grown weary in the race. On the organization 
of the state government he was elected a judi^ of the Supreme Court, but refused 
the office. Mr. Smith held out much longer, but his course was equivocal. He was 
a representative from Burlington, in the Brat legislative council, but did not attend ile 
session. Upon' a requisition to perform his duties, by the council, he tendered his re- 
flignation, which was rejected, on the ffround that the constitution did not warrant its 
acceptance. Persevering in his refusal, the council, on the seventeenth of May , 1777, 
resolved, '<^that he had ne^Iebted and refused to perform the duties of his station, as 
a member of that House, in divera instances, and, particularly, by contumaciously 
withholding his attendance at tliat sitting, though duly and repeatedly summoned ; 
and that he bo expelled." He was re-elected to council in the succo6din^ October, 
but it does not appear that he served. He was elected state-treasurer, in joint meet- 
ing, September 5th, 1776, and performed the duties of that station for about six 
months. 



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HISTORY OF NEW JERSEY. 15? 

Field, Isww Pierson/ Isaac Smith, Samuel Tucker, Abraham Hunt, and 
Hendiick Fisher. 

XI. The delegates from eleven provinces assembled at Philadelphia, on 
the fourth of September; those from North Carolina did not appear until the. 
fourteenth.* On the fifth, Peyton Randolph, of Virgmia, was unanimously 
cboeen president, and Charles Thompson elected secretary. As the Con- 
gress was composed of rtien who gave \0TKe to the sentiments of the provinces 
which they respectively represented, it was in course, that the prominent^ acts, 
of the colonies should be supported, and «nfbrc€fd with the abihty and dignity 
pertaining to their joint endeiavours. Still there was a chivalrous disregard 
of self, in the prompt and energetic approbation of the highest measures of 
Massachusetts, which history rarely discloses among a temperate and calcu- 
lating people, even amid the excitements of political revolution ; and which 
leads us to believe, that even at this time, independence of Great Britam was 
a foregone concluaon, in the bosoms of most members (if the Congress^ 
which yet, they scarce dared acknowledge to themselves, still less breathe to 
others. 

Whilst expressmg ^* their sympathy in the sufferings of their countryinen 
of Massachtisetts, under the late unjust, criiel, and oppressive acts of the 
British Parliament," Congress approved of the resolve of the county of Suf- 
folk, in which Boston lies, *'that' no obedience was due from that province 
to such acts, but that they should be 'rejected as the attempts of a wicked 
administration." They resdved, that contributions from all the colonies, for 
. siq)plying the necessities, and alleviating the distresses of their brethren at 
Bostdn, ought to be continued in such manner, and so long, as their occa- 
sions might require- They requested the merchants of the several colonies 
to refuse new order^fbr goods from -Great Britain, and (o suspend the etecu" 
tion of such as had been sent, imtil the sense of Cpngress, on the means to 
be adopted for the preservation of the liberties of America, should be made 
public. And soon afler, they adopted resolutions prohibiting the impoita. 
ticwa, the purchase, or use, of goods from Great Britain, or Ireland, or their 
tlependencies, aflef thefirat day of the succeeding December; and directing 
that all exports to Great Britain and the West Indies, should cease on the 
tenth of September, 1775, unless American grievances should be socmei re- 
dressed. An association,, corresponding with these resolutions, was then 
framed, and cdgned by every member present. " Never," says Mr« Mar- 
shall, ^ were laws more faithfully observed, than Wjore the resolves of Con- 
gress at this period, and their association was, of consequence, universally 
adopted." ' . ■ * 

The better to enforce these resolutions. Congress r^mmended the ap- 
pointnnent of committees in the several counties and towns, who, soon after 
their appointment, under the names of committees of superintendence and 
correspondence, assumed no inconsiderable portion of the executive power 
and duties in the several colonies, and became efficient instruments in aiding 
theprogress of the revolution. 

Xn. The New Jersey delegatea reported the proceedings of Congress to 
the Assembly of that colony, on- the 11th January, 1775, by whom they 
were unanimoiisly approved; $uch members cls were Quakers^ excepting^ 
only J to such parts as seemed to wear an appearance^ or might have a teh- * 
deney toforcey as inconsistent with their religious principles^ 

And the House resolved, that the same gentlemen should represent the 
colony in the future Congress, should rq)ort their proceedings ther^ to the 
Assembly at its next session f should propose and agree to every. r^OAiiTiaMe 

* Goii|preM held their wemona in Carpenter's JElall. 

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158 HISTORY OF NEW JERSEt. 

$md amOUu^^mal meaturey for the aocoramodatioa of the ttnhi^pjr <fififer- 
ences subsisting between the mother tmd her colonies. And having been 
informed thc^ at the precedii^ C!oQgress, an attempt was made to give 
some of the colonies a greater number of votes than others, in (tetermin- 
ing questions before it, the Assembly, instructed their ddegates not to agree 
to a measure of that kind unles* upon condition, that no vote so taken, 
should be obligatory on any colony, whose delegates did not asseQt thereto. 
The equality of the colonies on their deliberations was, however, preserved, 
and ail questions were, throughout the omtest, resolved by Congress, each 
colony having a voice alike potential. 

XIII. The joint action of the colonies was, specially, obnoxious to the ro3raI 
government; and the governors of the respective colonies threw every obsita- 
cle in thdr power in Ae way of its accomplishment. To this end, Governor 
Franklin refused to summon the Assembly, noti^ithstanding the petitions of 
the people ; and the first delegates to Congress were Consequently elected by 
& convention, and not by the House; On opening the session of the Asseo^ 
bly, January, 1775, he observed. •* It would argue not only a great want of 
duty to his Majesty, but of regard to the good people of this province, were 
I, on this occasion, to pass over in silence, the late alarming transactions in 
this and the neighbouring colonies, or not endeavour to prevail on you to 
exert yoursdves in preventing those mischiefe to this country, which, with- 
out your timely interposition, wiU, in all probability, be the consequence. 

'*It is not for me to decide on the particular merits of the dispute betw^o 
Great Britain' and her colonies, nor do I mean to cenmire those who conoeive 
themselves aggrieved, for aiming at a redress of their grievances. It b a duty 
they owe themselres, their country, and ^eir posterity. All that I would 
wish to guard you against, is the giving any countenance or encouragement 
to that destruetive mode of proceeding which has been unhapfHly adopted, in 
part, by some of the inhabitants of this colony, and has been Carried so ^ in 
others, as totally to subvert their farmer constitution. It has already strode 
at the authority of one of the branches of the Legislature in a particular man- 
ner. And if you, gentlemen of the Assembly, should give your approbation 
to transactions of this nature, ydn^ will do as much as Ues in your power, to 
(destroy that form of government, of which you are an important part, aiKl 
which it is your duty by all lawful means tx> preserve. To you, your con- 
stituents have entrusted a peculiar guaitManship of their rights and privileges, 
3rou are their legal representatives, and you cannot, without a manifest breach 
of your trust, suflfer any body of men in this, or any of the other provinces, 
to usurp and exerciise any of the powers vested in you by the constitution. 
It behooves you, particularly, who must be constitutionally stipposed to speak 
the sense of the people at large, to be extremely cautious in consenting to 
any act whereby you may engage them as parties' in, and make them an- 
swerable ka measures which may have a tendency to involve them in difli- 
cidties far greater ihan those they aim to avoid.'' 

"Besides, th^re is not, gentlemen, the least necessity, consequently, there 
will not be the least excuse fcMr your running such risks, on the present occa- 
sion. If you are really disposed tcf represent to the King any inconvemences 
you concave yourselves to lie under, or -to make any pro|x)9ition8 on the 
pres^it state of Americia, I can assure you j from the best authority, that such 
representations or propositions wiU be properly attended to, and certainly have 
greater weight coming from each colony in its separate capacity, than in a 
tshannd, the propriety and legality of which there may be much doubt." 

" You have now pointed out to you, g^itlemen, two roads — one evidently 
leading to peace, happiness, and a restoration of the- public tranquillity — ^the 
other mevitably conducting you to anarchy and rafeery, and all the horrors 



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HISTORY OP NEW JERfiBY- 15tf 

of a cnril war. Your wiadom, your prudence, your regard for the true inter 
rests of the people, will be best known, when you have shown to which road 
you give the preferenoe. If to the former, you will probably afiGbrd satisfac- 
tion to the moderate, the sober, and discreet part of your constituents. If to 
the latter, you will pethaps give pleasure to the warm, the rash, and inconsi- 
derate among them, who, I would willii\gly h<^, violent, as is the temper of 
the present times, are not even now thei majority* But, it may be well for 
you to remember, should any calamity hereafter befall them from yourcom^ 
piiance with their incjinationsyinstead of pursuing, aa you oi^ht, the dictates 
of your own judgment, that the ctmsoquenoes of their returning to a proper 
sense of their conduct, may prove deservedly fetal to yourselves." 

XIV. These persuasions were powerless, as we have seen, with the As- 
sembly,, who^ unanimously approved and adopted the very measures which 
the ffovernor condemned; and it may be proper to give their justification df 
dieir conduct, in t;he reply of the House to his addr^. 

" We should have been glad," they say, *^ that your excellency's inclina^ 
tidns to have given us early .an oppcurtunity of transacting the public busi- 
ness, as yitos consistent with our ^ convenience,* hdd terminated in a manner 
more agreeable to your design, and moi^ favourable to us, than it really has 
done^ on the present occasion. If the petitiObs, which we understand have 
been presented to you, had >beien granted, we should have had a meeting 
noore convenient to us than tl|Q present; and that meeting, perhaps, would 
have prevented some of those ' alarming transactions,^ which your excel* 
le|icy*s appreh^isions of your duty leads you to inform us, as having hap« 
pened in this coloay. We thank. you for your intention to oblige us; but 
that it may not be so entirely frustrated in iuture, permit us to inform you, 
it will be much the most agreeable to us, that the meeting of the House, to do 
public business, should not be po^poned to a time later than when the bill 
kit the supp<^ of government expires." 

** Sye are sorry to hear, that in your excellency's opinion, there has been 
of late, any ' alarming transactions' in this and ikG neighbouring colonies; 
our consent to, or approbation of which^ may lead the good people we repre- 
sent, into *' anarchy, misery, tmd all the horrors of a civil war.' It is true 
you are pleased to tell l)s, that this destructive mode of proceeding has been 
adopted, but ^ in part,' by some of the inhabitants of this colony. We as- 
sure you, that we neither have, nor do int^id to give our^approbatioH to 
measures destructive to the w^lfere of our constituents, and in which we shall 
be equally involved with them. — ^Their interests and our own, we look upon 
as inseparable. No arguments are necessary to prevail on us to endeavour 
to prevent such impendmg calamities; and if we should, at any time, mistake 
our duty so much, we hope your regard to the public wHI induce you to 
exert the prerogative, and thereby give them the choice of other representa- 
tives, who may act with more prudence. The uncertainty, however, to 
what ^alarming transactions,' in particular, you refer, renders it sufiident 
for us to assure you, only, that we profess ourselves to be the loyal subjects 
of the King, from whose goodness we hope to be relieved from the present 
unhappy situation ; that we will do all in our power to preserve that exc^fent 
form of government, under which we at present live; and that we ndther 
intend to usurp the rights of others, nor suflfer any vested in us by the 
constitution, to be wr^ted out of our hands, by any person or persons 
whatever: 

^' We sincerely lament the unhappy di^rences which at present subsist 
between Ghreat Britain and her colonies. We shall heartily rejoice to see 
the time, when they shall subside, on principles consistent with the rights and 
interests of both, which we ardently nope is not fiir off; and though we can- 



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160 HISTORY OF NEW JERSEY. 

not coQoeiye how the separate petition of one colony, is more likdy to suc- 
ceed, than the imited petitions of aU, yet, in order to show our desire to pro- 
mote, so good a purpose, by every -proper meanis, we shall make use of the 
mode pointed out by your excellency, in hopes that it will meet that attenti(»i» 
which you are pleased to assure us, will be paid to the representatives of 
the people." 

This was the language of men who had well weighed their measures, and 
weve resolved to abide their consequences. Nor is such resolution rendered 
less obvious, by the tone of irony and persiflage, which pervades their 
ooDdnents on the specious, but hollow assurances of the governor, of the 
success which might ensue a departure from the union entered into by the 
colonies. 

XV. The rejoinder of the governor, was remarkable for good temper and 
moderation; evincing that his course was prompted, more by the duties of 
his station, than by his judgment, which would probably have united him 
with the people. 

" Were I to give such an answer," he said, " to your address, as the pecu- 
liar nature of it seems to require, I should be, necessarily led into the expla- 
nation and discussion of several matters and transactions, which, from the 
regfurd I bear to you, and the people of this colony, I would far rather have 
buried in perpetual oblivion. It is, besides, now vain to argue on the subject, 
as you have with the most uncommon and unnecessary precipitation, given 
your entire approbation to that destructive mod6 of proceeding, which I so 
earnestly warned you against. Whether, after sudi a resolution, the petition 
you mention, can be reasonably expected to produce any good efiect ; and 
whether you or I have best consulted the true interests of the people, on this 
important occasion, I shall leav6 others to determine." 

The language of the council, however, was in a different tone, and as 
loyal as the governor himself could desire. " We agree with your exoellen- 
, ey," say they, '' that it^ would argue not only a great Want of duty to his 
Majesty, but of regard to the good people of this province, were we, on this 
occaMon, to pass over in silence, the present alarming transactions, which 
are so much the objects of public attention, and, therdore, b^ leave to as- 
sure you, that feeling ourselves strongly influenced, by a zealous attachment 
to the interests of Great Britain and her colonies, and deeply impressed with 
a. sense of the important connexion they have with each other, we shall, with 
all sincere loyalty to our moat gracious sovereign, and all due regard to the 
true welfare of the inhabitants of this province, endeavour to prevent those 
misdiiefs which the present situation of affairs seems to threaten; and by our 
zeal for the authority of government on the one hand, and for the constitu- ' 
tional rights of the people on the other, aim at restoring that health of the 
political body, which every good subject must earnestly desire." 

" Your excellency may be assured, that we will, exert our utmost influence, 
both in our public and private ciipacities, to restore that harmony between 
the parent state, and his Majesty's Americ^M^ dominions, which is so essen- 
tial to the happiness and prosperity of the whole empire. And earnestly- 
looking for that happy event, we will endeavour to preserve peace and good 
order, among the people, and a dutiful submission to the laws." 

XVI. The committee appointed for the purpose, composed of Messrs. 
Wetherill, Rsher, Ford, Tucker, and Sheplierd, reported a petition to his 
Majesty, which was adopted by the House. This instrument contained, in 
a short compass, the black catalf^e of the grievances of the colonies, and 
prayed for that redress, which his Majesty's gracious assurances signifled by 
their governor, that the representations or propositions of the colonies would 
be attended to, led them to expect. 



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mSTORY OF NEW JERSEY. 161 

In En^andy the proooadiiigs of the Amencans were stQl viewed with great 
indignation by the King ai^ his ministry. His Majesty, in his opening 
speech,* to a Parliament newly elected, declared, before intelligence h^ 
been received of the course of the Congress, '' that a most daring spirit of 
resistknce and disobedience to the laws unhappily prevailed in the^ province 
of Massachusetts, and had i)roken forth in fresh violences of a very criminal 
nature; and that these proceedings had been countenanced and encouraged 
in his other colonies; that unwarrantabl,e attempts had been made to obstruct 
the commerce of his Idngdoms by unlawful combinations; and that he had 
taken suoh measures, and given such orders, as he judged most proper and 
e&bctual for carrying into execution the laws, which were passed in the last 
session of the late Parliament, relative^ to the province of Massachusetts; an 
address, echoing. the royal speech, was. carried by large majorities in both 
Houses of Parliament, but not without a spirited protest from sojne few lords 
of the minority .f' 

XVII. The reception, in London, of the proceedings of Congress appeared 
to have a momentary beneficial effect upon their cause. The administration 
was staggered, and the opposition triumphed in the truth of their predictions, 
that the measures pursued. by the ministry would Unite all the colonies in re- 
i^istanoe. .The petition of Congress to the King was declared by the Secre- 
tary of State, afler a day's, perusal, to be decent and proper', and was recwved, 
mciously, by his Majesty, who promised to lay it before his two Houses of 
Pcurliament. But the ministry had resolved to cpmpel the obedience of the 
Americans^ Hence every representation from. America, coming through 
channels other than ministerial partisans, was unwijlingly received, and de- 
nied all credit. . The remonstrances of the representative of three millions 
oiT men, made under the most awful and affecting circumstances,, and the 
most sacred responsibilities, were tre^tted, perhaps believed, as the clamours 
of an. unruly multitude. In vain did the merchants of London,. Bristol, 
Glasgow, Norwich, Liverpool, Manchester, Birmingham, anc^ other places, 
by petition, pourtray the evils which must result fK)m such, determination, 
and predict the. dangers to the commercial interests of the kingdom : In vain 
did the planters of the sugar colonies, .resident in Great Britain, represent, 
that the profits on British property in the West India islands, amounting to 
many millions, which ultimately centered in Great Britain* would be derailed 
and endangered by the continuance of the American troubles : In vain did 
the venerable Earl of Chatham, roused from a long retirement, by the dan- 
ger of losing these colonies, which his own measures had protected, and, 
seemingly, assured to the parent state, apply his comprehensive mind and 
matchless eloquence, to arrest the fatal course of the administration: In vain, 
from a prophetic view of events, did he demonstrate the impossibility of sub- 
jugating the colonies ; and urge the immediate removal of the troops collect- 
ed by General Gage, at Bostpn, as a measure indispensably necessary to 
open the way for an. adjustment of the differences with the provinces: In 
vain, when undiscouraged by the rejection of the motion, did he propose a 
bill for settling the troubles in America. The period of American emancipa- 
tion had approached, and the power which might have delayed it, was pro- 
videntially stultified. 

XVIII. Both Houses of Parlianoent joined in an address to the Kinff, de- 
claring " that they find a rebellion actually exists in the. province of Massa- 
chusetts.^ This was followed by an act for restraining the trade and com- 

• October SOth. . , 

t Richniond. Portland, Rockinghntti, Bt4jnford, Stanhope, Torhogloii, Ponaonbj, 
Wycombe, and Camden. 

X '. ' 

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16a HISTO&Y OF NBW JBRS&Y. 

morb& of the New Eogland proviaoes, and prahtbhing them horn oarrying 
on the fisheries on the banks of Newfoundland, which was subeeqviently 
^Uended to New Jersey^ Pennsylvania, Maryland, Virginia^South Carolina, 
and the counties on the Delaware. 

Pending the consideration of this bill, Lord North intixxhioed what he 
termed 91 conciliatory prqx)sition. It provided that when any colony should 
propose to make [vovision, according to its circumstances, (on oontrilmting 
its proportion to tl^ common defenjce) (suoh proportion to- be raised under 
the authority of the Gieneral Assembly of such colony, and dispomMe by 
PwrliametU,^ Imd should engage to make provision also, for the su|^)^rt <^ 
the dvil government, and the administration of justice in. audi cdony; 
it would be proper, if such proposal were approved by > his Majesty and 
Parliament, wad for so long as such provision should be made, to forbear 
to levy any duty or tax, except such duties as were expedient . for the re* 
gulation of commerce; the net produce of such duties to be carried to the 
account of such colony. This proposition was opposed by the friends of the 
minister, as an admission of the correctness of the American views as to 
taxation by Parliament, and as a concession to armed rebels; until it was 
explained, that the resolution was designed to enforce the essential part of 
taxation, by compelling the Arapriei^s to raise, not only what they, but what 
Parliament, should thmk reasonable. The minister decbiFed, '* that he did 
not expect the propositfon would be acceptable to the Americans; but, that, 
if it had no ben^cial efieot in Uie colonies, it would unite the pec^le of Eng- 
land by holding out to them a di^inct object of revenue; that, as it tawled 
to unite England^ it would produce disunion in America ; for, if one colony 
accepted it, the confederacy, which made them formidable, would be 
broken.'' 

This avowal, of the character and tendency of the resolution was not re- 
cpiisite to enlighten the colonists. On its transmissfon to the provinces, it 
was unanimously rej^ct^ 

XIX. For the sole purpose of communicating this resolution, Governor 
Franklin convened the Assembly of New Jersey, at BujAington, on the 15th 
oC May, 177$; when^ by a long and ekborate speech, he sought to set it be- 
fore thdm, in a light, different from that in which it had been A^iewed by the 
Legislatures of the other coionies. . Soon aAer the opening of th^ session, a 
ekcumstance occurred, illy adapted to prepare the House for ai^ favourable 
impressbn from the governor. Mr. Tucker laid before the Assembly, a 
•opy of "The Parlia!mentary Register, No. 5,"- containing, among other 
things, an eartract of a letter, from Governor Franklin to the Earl cf Dart- 
noiith, dated' the 1st February, 1775, received February 28th; in which the 
^vemor represents the House as divided in their approbation of the proceedi* 
ings of the late Congress. The House sent Uie governor a copy of the ex- 
tract, with a request, to be informed, whether it contained. a true representa- 
tion of the words or substance of the letter written by him, relative to the 
proceedings of the last gessioo of Assembly. His excellency complained of 
the course of the House, in entering the extract >upon their minutes, and en- 
deavouring to inculpate him; but denied the correctness of the extract. 
The House was still dissatisfied, and referred his aqswer to a committee, to 
report thereon, at the next ses^on, when the matter was su^red to fall, 
without further notice. Under the excitement produced by this afiair, the 
House rejrfied to the governor's address, delivered at the opening of the 
aessaon. ^ . 

" As the continental Congress," they said, <' is now sitting, to conoder of 
the present critical situatioii of American af&irs, and as this House has al- 
ready appcmOed delegates for that purpose, we should have been glad that 



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HISTORY OF NEW JERSEY: IM 

your excellency bad post^Moed the present meediig, until (heir opimon coiild 
be bad upon tbe resolution now o^red for our consideration, and to whidi 
we have no doubt a proper attention will be {jaid; more especially, as We 
cannot suppose you to entertain a sus[Mcion, that the present House has the 
l^ast design to desert the commqn cause^ in which pk\ America appeairs both 
deeply interested, and firmly united, so far as separately and without this 
advice of ^ body, in which all are represented, to adqpt a measure of so 
much importance. Until this 0(»ni<^ be known, we can only give your 
excellency our present sentiments, being fbUy of the opinion^ that we shall 
pay all proper respect to, and abide by the united voice of the Congress oa 
the present occasion.'^ # * # * ♦ "We confess that your excellency has pi|t 
a construction on the proposition which appears to us to be new, and if we 
could be of the opinion that the resolution ' holds no proposition beyond the 
avowal of the justice, the equity^ and the propriety of subjeots of the same 
state, contributing according 1o their abilities and' situation to tbe public bux^ 
dens,' and did not convey to ms the idea of submitting the disposal of all our 
property to others, in whom we have no choice, it is more than probable, that 
we should ^adly embrace the q>portunity of aetding this unhappy dispute/' 

^' Most Assemblies on the continent have, at various times, acknowledged 
and declared to the world their- willingness, not only to defray the charge of 
tbe administration of justice and the support of the civil government," but also 
to contribute, as they have hitherto done, when constitotionally called upon, 
to every reasonabb and necessary expense for the defence, protection, and 
se^rity of the whole English empire; and this colony in particular, hath 
always complied with his Majesty's requisitions for these purposes : And we do 
assure your excellency, that we shall always be ready, according to our abiH^ 
-ties and to the utmost of our power, to maintain the interest of his Majesty and 
of the parent state* . It, then, your excelleaoy's construction be i:ight,and if a 
<prc^x)sal of this nature,' will, aa you are {leased to inform us, be received 
by his Majesty with etery possible indulgefice, we have hopes, that the decla- 
ration we now make, will bie looked on by his Majesty and his ministers, not 
only to be similar" to what is required from- us, but also to be, >*a basis of a 
negotiation, on wliich the present difierences may be aeccmmiedated — an 
event which we most ardently wish for." 

*^ We have considered the resolution of the House 6f Commons. We would 
not wish^to come to a determinafiotx, that miriit be jOstly called precipitate, 
in the present alarming^ situation of affiurs. But if we mistake not, tbis reso- 
lution contains no neW proposal. It appears to us to be the same with obe 
made to the colonies, the^ year preceding tbe passage of the stamp act. Ame- 
rica then did not comply with it; and though we are sincerely disposed 4o 
make use^f all proper means to obtain the favour of his Majesty and the 
Parliameqt of Great Britam, yet we cannot in our present opinion, comply 
.with a proposition, which we really apprehend to give up the privileges of 
freemen; nor do we want any time to consider, whether we shall subn^it to 
that, which, in our apprehension, wiH teduce us and our constituents to a 
state little better than that of slavery.'' • . 

^* By the resolution now ofi^red, if assedfedto^ we think we^hall be to all 
intents, and purposes, as fully and efl^ctuaily taxed by our fellow subjects, in 
Great Britain, where we have not any representation, as by any of the late 
acts of the British Parliament, un^er which we have been aggrieved, of whii^ 
we have complained, and from /whieb we have prayed to be relieved; and 
that, too, in a much greater degree perhaps, than by all those act» put to- 
gether. We cannot oon^BOt to subject the property of our constituents to be 
taken away for services and uses, of die propriety of which we have no right 
to judge, whiletous,,areoQly left the wa3rs and means of raising the money. 

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164 HISTORY OF NEW JERSEY. 

We have always thought and contended, that, we had a right to disposeof 
our property ourselves, and we have always cheerfully yielded our assistance 
to his Majesty in that way, when the exigencies of affkirs required us so to 
do, and he has condescended to ask it of us. At this period we cannot form 
any judgment, either of the extent 6f the proposition, or of the consequences 
in which the good people of the colony may be involved, by^our assent to a 
provision so indeterminate, (or it appears to us to be impo^ible to judge what 
proportion or share the people can bear, until we know what situation they 
will be in, when any scun is intended to be raised.*' 

*• Upon the whole, though sincerely desirous to give every mark of duty 
and attachment to the King, and to show all due reverence to the Pariiaraent, 
we cannot, consist^itly, with our real sentiments, and the trust reposed 
in us, assent to a proposal big with consequences destructive, to the public 
welfare^ and hope that the justice of our parent country will not permit us to 
be driven into a situation, the prospect of which fills us with anxiety and 
horror." ■ ' 

If the governor really supposed that he could prevail on the colony over 
which he presided to separate from the union, he had e^giously mistaken 
his power; but he laboured so earnestly to eflfect this object, that, his defeat 
should not, and did not lessen his claim upon the favour of his royal master. 
He d)served, however, thkt his labour was in vain, and had the good sense 
to retire from further contest by a short artd moderate rejoinder. 

Congress had fixed on the month of May, for their next meeting, that 
the disposition -of the parent state might be known previously to their deli- 
berations. They entertained hopes, that their re-assembling might be un- 
necessary; that the union of the colonies, their petition to the King, and 
address to the people of Great Britain, might lead tO the redress of their 
grievances. But these flattering delusions now gave place to the stem and 
gloomy truth, that their rights must be defended by the sword, their quarrel 
be determined by the god of battles. For this appeal, the colonies, generally 
prepared, as soon as the proceedings of Parliament, and the resolution of the 
ministry to send out additional troops were known; Means were every 
where taken to organize and in^ruct the militia, and to procuife arms and 
ronnitions of war. 

XXI. The New Jersey committee of correspondence appointed by the 
convention, met at New Brunswick on the -second of May, 1775; when 
taking into consideration the alarming and very extraordinary conduct of 
the British ministry lor executing the acts of Parliament, as alsio the several 
acts of hostility which had been actually commenced for this purpose hj the 
regular forces under General Gage, they directed their chairnfian, imme- 
diately, to call a second provincial convention ^ to meet at Trenton on the 
28d of May, to consider and determine on such matters as shouid^then come 
befoire them.* 

This important body met at the time and plabe appointed, and elected 
Hendrick Fisher their president, Samuel Tucker, vice-president, Jonathan 
D. Sei^eant^ Secretary, and William Patterson, and Frederick Fsreling- 
hausen, his assistants. On the resignation of Mr. Sergeant, soon after, Mr. 
Patterson was chosen principal, and Mr. Frelinghausen 'deputy secretary. 

Under a deep and religious sense of the responsibility they had assumed, 
the members of the Convention declared, that, " Inasmuch as the business 
t)n whk^h this Congress are now assembled, and is likely to engi^ their <3e- 
Hberation, appears to be of the highest monoent, and may, in the event, affect 
Ae lives and. properties, the religion and the liberties of their constituents, 

* See Appendix, note CC, for the tinmef of the memben. 

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HISTORY OF NEW JERSEY. 165 

and of their remotest posterity* it unquestionably becomes the represeotattve 
body. of a Christian community, to look up to th6t all powerful Being, by 
whose providence all human events are guided, humbly imploring his chvine 
fhvour, in presiding over, and directing their present councils, towards the 
re-estal^ishment of order and harmony between Great Britain and her dis* 
tre]^!sed colonies'; and that he would be graciously pleased- to succeed the 
measures that jnay be devised as most conducive to these desirable ends: It 
18, therefore, ordered, that the president do wait on the ministers of the 
gospel in this town, and in behalf of this Congress, request their alternate 
attendance and ^rvLoe, every morning at eight o'clock, during the sessioo, in 
order, that,*the business of the day may be Opened with prayer for the above 
purposes." " ' 

The president opened to the Codgress, the important occasion of their meet- 
ing, recommending the utmost deliberation in determining on the measureB 
to be pursued in the defence of their rights, and privileges, to which, by. their 
kapptf constituHan^ the inhabitants of the province were justly entitled, and 
Chat due bare might be taken to support tne established civil authority, (so 
fiir as might consitrt with the preservation of their fundamental Uberties) for 
the nfmintehabce of good order and the undisturbed administration of justice* 
The restriction, which regard for ^' the established civil authority," imposed 
on the power of the Congress, was, indeed, very inconsiderable* For the 
Convention, reflecting the majesty of the people, assumed as occasion re- 
quired, the full power of all the branches of government. 

They proceeded, to take into consideration the unhappy contest betwe^ 
Great Britain and the colonies, which they determined was of such a na-^ 
ture,'and had reached such a crisis, that the Convention had become abso* 
lutely necessary, to provide such ways and means for the security of the 
province as the exigencies of the times, require: and at the same time de- 
clared, that they had assembled with the profoundest veneration for the per- 
son and family of his sacred majesty, George III., firmly professing all due 
allegiance to his rightful authority and government. And as a majority 6C 
the members of the Legislature, convened at Amboy, in the preceding Janua- 
ry, had been instructed by their constituents, to appcnnt deputies to the Con- 
gress, and some of the counties had omitted so to instroct their representa- 
Sves, who, notwithstanding, had cordially joined in such appointment, the 
Convention approved the nomination, and-rencfered thanks to the House, 6«t 
the regard they had shown for the rights and liberties of the province, in 
timely adopting the continental association, and resolving m fkvour of the 
resolutibns and proceedings of the continental Congress. But the Conven- 
tion, also, resolved, that whenever a continental Omgres^ should again be 
necessary, that it 'would be most eligible, for the inhabitants of each county, 
to apoint deputies for the purpose of electing delegates. 

On the twenty-fifth of May, a written message was addressed to the conti- 
nental Congress, then, in session at Philadelphia, declaring that the provincial 
Congress was convened ** with dispositions' most heartily to concur, to the 
utmost of their abilities, in4he common cause of America, but that they did 
not deem it advisable to enter into any measures of consequence, until some 
general plan had been adopted by the general Congress : That, in this first 
instance of such an assembly in the colony, -without precedent for their 
direction, and anxiously desirous to make their provincial measures con- 
sistent Vfith that plan, Uiey deemed it necessary, by- a special deputation, to 
request such advice and assistance as the Congress might be disposed to 
give** This deputation reported cm the thirtieth, that the Congress was not, 

* This eommitfee consift^ of William P. Smith and Elias Boudinot 

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166 HISTORY OF NEW JE&SEY. 

dien, prepared to give any advice upon the* state of the proviiio^, but promised 
due attention to tfe request. 

The Conventicm adopted the following form of association^ which they 
directed to be sent to the commitbdes of observation or correspondence in the 
several counties^ which had not already associated in a ,siniilar manner^ in 
order that it m^t be signed by the inhabitants.; ' 

^ We, the subscriber, freeholders and inhabitants of the township of 
. ill the county of and province of New Jersey, having 

long viewed with <5oncem, the avowed desigh of the ministry oC Great 
Britain to raise a revemie in America; being deeply afi^ted widi the cruel 
hostilities, already oommeoced in the Massachusetts Bay, for eairying that 
arlMtrary design into execution; convinced that the preservation of the 
rights and privileces of America depends, under God, on the firm union of 
its inhabitants; do, with hearts abhorring slavery, and ardently wishing 
for a reconciliation with our parent state, on constitutional principles, 
sdemnly associate and resolve, under the sacred ties of virtue, honour, 
and love to our country, that we will, peroonally, and so far as our in- 
fludnce extends, endeavour to support anil carry into etecution, whatever 
measures may be recommended by the c<mtinental and our provincial 
Congress^ fbr defending our constitution and preserving the same inviolate. 
We do, also, further associate and agree, as. &r a^ shaH be consistent 
with the measures adopted fbr the preservation of American freedom, to 
support the magistrates and other dvil officers in the execution of their 
duty, agreeable to the laws of this colony, and to observe the direction of 
cur committee, acting according to the resdutions of the continental and pro- 
vincial (^onigresses; fnrmly determined, by all means in our power, to guard 
against those disorders and coilflisions to which the peculiar circumstances 
of the times may expose us.'^ Surely, no more effectual mode could have 
been devised, of subjecting a people to the will of their leaders, than this 
association and its written pledge. Happily, the leaders and the people had 
the same.interest, which the former steadily pursued. 

Mr. Pierpoint Edwards, having been deputed from Comiecticut to New 
Jersey, for the purpose of obtaining intelligence of the true state of the pro- 
vince, and to communicate the actual condition of his own, the Convention 
gave their st^te and purposes as we have detaited them; and they, also, 
mp&¥^ a correspcHidence with the provincial Congress of New York* 

The oreanization of the military/fbrce xiras, in ^verj colony, an object of 
the first unportance, and received firom the provincial Congress of New 
Jersey, due attention^' One or more compani^ of eighty men, ^eadi, were 
directed to be formed in each township ortserporation, from the male inha- 
bitants between sixteen and fifty years of age^ under the supervision of the 
respective committees, with power to elect &r commisdoned <^Soers: The 
officers of the companiea dc^mined the number which should form a regi- 
ment, and named the officers. And as the inhabitants of Morris, Sussex, 
and Somerset counties, had nqode spirited exertions in raising minute men, 
pledged to march to any point of the country whenever called on, the Con- 
gress approved their oonduc^, and voted their thanks* 

In ordor to raise the necessary fimds, the convention impt^iBed a tax of tra 
thousand' pdunds^ ^rfiich they apporticmed, speoifi^sally, among the several 
counties; and each county quota was apportioned amoi^ the townshipa^ by 
tte townaMp committees, accoidiog to the act of Assembly , settling the quotas 
of the severid counties, to be collected by agents nominated by the township 
conmuttees^ and to be paid ^to^he treasurer ^ the county cofnmittees. Thesk, 
afier appdnting a committee of their body, bny three of whom, together with 



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mSTQRY OF NEW JERSEY. 167 

the preei^t t>r vke-preeidbiity wem empowered to convoke thenii the Con* 
gress adjourned/ upon the 3d day of June, after a session of eleven days. 

XXII. Before- tl^ continental Congress again met,* hostilities between the 
colonists and the British, troops in Ajoierica, had commenced. The battle of 
hsxmgUm was fought,t— and Ticonderosa captured;:]: — and soon after, the 
ever memorable engagement at Breed's Jtlill,^ gave confidence to t)ie colo* 
nists; and the British army, imider General Gttge, waa besieged in Boston. 
Instead of contending against orations of ministers^ votes and acts of Parlia- 
ment, by petition and remonstrance^ addresses and resolutions, Congress was 
now to be employed, in devek^ing the resources and directing the enei^;ie8 
of the colonies, to resist the military power of Gr^t Britain. 

Peyton Randolph was again chosen president, ^hut being in a few days 
called to his duties, as speaker of the house of burgesses, of Virginia, Mr. 
John . Hancock* of Boston, was unanimou^y elecjted his successor. Mr. 
Charles Thompson was re-apppinted secretary. The leading patriots had 
long foreseen, that» the controversy must be decided by arms ; yet they were 
f^lXious, that the odium of the war should fall on t^r oppressors. Care 
was, therefor^ taken, to show that the royaL^roops had been the aggressors 
at Lexington ; and the inhabitants of New York weice advised to act, defen* 
sively , on the arrival of British troops there ; to permit the forces to remain in 
barracks, but to su^r no fortifications to be erected, nor the communication 
between the town and country to be impeded. To this cause, we must also 
assi^ the resolution of Congress ascribing the capture of Ticonderoga, to 
the.mipenous necessity of resisting .a cruel invasion from Canada, planned 
and commenced by the ministry. 

Congress promptly proceeded to further measures of. o^noe and de^n6e.' 
They prohibited exports to such parts of British America, as had not joined 
the confederacy — forbade the supply of provisions, or other necessaries, to 
the Eln^ish fisheries on the coast, to the army and navy in Massachusetts, 
and to vessels employed in transporting British troops and munitions of war; 
and interdicted the negotiation of bills of exchange, drawn by British officers, 
agents or contractors, and the advance of mon^y to them, on any terms what- 
eyer. To secure the colonies against the forcible execution of the late ob^ 
noxious acts of Parliament, they resolved, to put them immediately, in a state 
of defence; recommending to them, severally, to provide the munitions, of 
war — to prepare the militia; so <»las^ng them, that a fourth of their nuihber. 
might be drawn into actk)n, at a minute's wan>ing; and to form a corps for 
oontinuai service ;^-audK>rizing each colony, apprehensive of attack, to levy 
one thousand regulars at the expense of the confederacy. They organised 
the higher departm^ts of the army, Jramed regulations fcMr its government, 
and u^ued three millicms of dollars^ in bUls.of credit, for its maintenance. 
They prepared an address to flie ajtmy and the petc^, revie^i^g the conduct 
of dreat 9ritain, exposing the enormity of her pretensions, exhibiting the 
dreadfiil alternative she. had Created, of unccmditional eubmission^ or resist- 
ance by arms, and assertii^ the justice of their cause, the competency of the 
means to maintain it, and their fixed detemunatien to en^ploy, at every 
hazard, the utmost energy of the powers granted them by, their Creator, for • 
the preservatbn of their liberties. "Hiis spirit-stirring manifesto closed with 
the fdlowing solemn pi^testation.^— *' In. our native' land, in defence of the 
freedom whi^ is our birth^right, and which we ever enjoyed, until the late 
violation of it, for the protection of our property, acquired sdbly by the 
hQnes^ industry of our forefathers, and ourselves, against violence actually* 

• lOtli May, 1775. ♦ 19th AprU. 

|9thMay. § Jane 17th, 1775. 



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168 fflSTORY OF NEW JERSEY. 

of&redy WG have taken up anns; we shall lay them down when hostilities 
shall cease on the part of the aggressors, and all danger of their being re- 
moved, and not before." 

XXIII. Under other circumstances, the selection of a commander-in-rchief, 
amid opposing pretensions, would have been exceedingly difficult. The 
individual best fit)^ for this important trust was now a delegate in Con- 
gress, and had embarked a high ch^r^cter and splendid fortune, with his life, 
m the perilous contest. Of mature age, ai^d advantageously known to all 
BHtish America, by his military .talents, sound judgment, firm temper, spot- 
less integrity, and dignified person .and deineanour, there could not exist a 
single personal objection to his nomination. The middle and southern dis- 
tricts possessed no n^an having superior claims to public confidence ; and if 
the northern had a preference for an individual of their oWn section, policy 
and gratitude required its sacrifice. ' The del^ates of Massachusetts, there- 
fore, nominated Colonel George Washington, of Virginia, who was unani- 
mously appointed commander-in-chief of the united cotonies.* Ifis com- 
mission, revocable by Congress, invested him with " full power and autho- 
rity to act, as he should think for the good and welfare of the service;" 
subject to the rul,es of war and the orders of Congress. By a. resolution, 
simultaneous with his appointment. Congress declared, " that for the main- 
tenance and .preservation of American liberty, they would adhere to him 
with their lives and fortunes." The reply oif Mr. Washington, to the an- 
nunciation of his appointment, by the president of Congress, was marked by 
that modesty, disinterestedness, and devotion to duty, which eminently dis- 
tinguished him.. As np pecuniary motive had excited hipi to assume the 
dangerous honour, he declined all compensation for services that were in- 
estimable; declaring that he would accejit only the reimbursement of his 
expens^. 

Soon ailer the nomination of the commander-in-chief, Congress crcatcji 
and filled the ofiices of subordinate genei^ls. Artemas Ward, Charles Xice, 
Philip Schuyler, and Israel Putnam, were appointed major-generals, ranking 
in the order we have named them; Horatio Gates, adjutant-general; and 
Seth Pon^eroy, Richard Montgomery, David Wooster, William Heatli, 
Joseph Spencer, John Thomas, J[ohn Sullivan, and Nathaniel Greene, 
bri^dk^rs. 

XXIV. Although determined to resist to the uttermost tho tyranny of the 
parent state, the colonies had given no public indkatfon of their desire to be* 
.come ipdependent of her government. Many provincialists, certainly, looked 
to poUtical independence a«.the possible result of the .contest; some, perhaps, 
wished and sought it, but none avpwed such wishes.. The American people 
were proud of their .derivation, and exulted in their connexion with Great 
Britain. Some of their most disti^uished patriots could under no circum- 
stances, resolve to break the bonds which bound them to her. It was cha- 
racteristic, therefore, that, amid warlike preparations, renewed attempts 
should be made to propitiatp the British government and people. Another 
petition, to the King was, however, opposed by several members of the 
Congress, from, a conviction that it wouki prove nugatory. But the influ- 
ence of Mr. Dickenson, by whom it was proposed and Written, procured its 
ad^tion. 

This address, replete with professions of duty and attachment, declared, 
that " the provincialists not only most fervently desired the former harmony 
between Great Britain and the colonies to be restored, but that a concord 
might be established between them upon so firm a basis, as to perpetuate its 

* Jons 15lh, 1775. 



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HISTORY OF NEW JERSEY. 169 

Ueseings, uiiiaterru}ited by any fotuie diasentioiis, to suooeeding ^oerations 
in both countries* They, therefore, t>esought his Majesty to direct some 
mode by which the united applications of his faithful colonists to the throne, 
in pursuafice of their copunon couns^ might be improved to a happy and 
permanent reconciliation. These suicexe professions of three miUions of his 
subjects, were contemptuously treated by the King. The petition was pre- 
sented through the. secretary for American af&irs, on the first of Septem- 
ber, by Messr?. Richard Penn and Henry Lee^ and on the fourth, Lord 
Dartmouth informed them^ that '* to it no answer would be given.'^ And in 
a speech firom the thrdne, the colonists were accused d*de8i^^ing '' to amuse, 
by vague expressions of attachment to the parent state, and the strongest 
protestations of loyalty to their King, while they were. preparing for a ge- 
neral revolt; and their rebellious war was - manifestly carried on for the 
porpose of establishing an independent empire." Contumely so unwise and 
mufeserved, served, but tp confirm the scrupulous in Aknerica, in the course 
of .resistance— removing the faintest hope of redress by the humble and 
pacific means of petition, and remonstrance. * . 

IVhilst resorting to army,. respect for the opinions of their fellow subjects 
induced Congress to make an exposition of their motives in addresses to the 
inhabitants of Ghreat Britain, to the people of Ireland, and to the Assembly of 
Jamaica. They also published a declaration to the world, setting forth the 
necessity of assuming arms, and recapitulating the injuries they haid sustain- 
ed. «* We are,** they saidj " reduced to the alternative of choosing an un- 
conditional submission to the tyranny of irritated ministers, or resistance by 
force. Th^ latter is our choice. Wo have counted the cost of this contest, 
and find nothing so dreadful ad voluntary idavery." 

General WashiiHgton, immediately after his appointment to the chief com- 
mand, repaired to the anny before Boston. With incredible difficulty he 
was enabled to maintain a show of force, which confined the British troops 
to that town from the month of June, 1775, until the mcmth of March follow- 
ing, when the Americans, having seized and f(»rtified Dorchester Heights, 
which overlooked and commanded the place, Geneml Howe, who had suc- 
ceeded Genera] Gage,** aUmdoned it, and sailed with his command for 

The capture of Ticonderoga had opened the gates of Canada, and the im- 
petuous spirit of Colonel Arnold was ea^r to ^ter them. At his mstance. 
Congress resolved to invade that province; and from the unprepared state of 
its defence, and the friendly disposition of its inhabitants, well founded hopes 
were entertained of success. This step, which changed the character of the 
war from defensive to ofiensive, was justified by the obvious prc^riety of de^ 
priving the enemy, for such the parent state. was now considered, of the 
means of assailing the colonies from that quarter. The command of this en- 
terprise was given to Generals Schuyler and Montgomery. The former, 
however, soon retired, in consequence of ill health. The latter, with a force 
of one thousand men, having captured the fort at Chamble6, and the post of 
St. Johns, procee(kd to Montreal in despite of the opposing ^^rts of General 
Carlton, governor of the province ; and, having obtained at this place many 
necessary supplies, led his pliant little army to the walls of Quebec 

During the progress of General Montgomery, Colonel Arnold, with bold- 
ness and perseverance rarely sur{>assed, conducted a detachment to the St. 
Lawrence, by an unexplored course along, the Kennebeck and Chaudiere 
rivers, through a trackless desert of three hundred miles* His force origi- 
nally consisted of one thousand men, one-third of whom werexxMspelled to 

* October 10th. 



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170 HISTORY OF NEW JERSEY. 

retom by tliewaxit of necessaries* Hie remainder perserered with unabated 
resohition; surmounting every obstacle of mountain and forest; progressing 
1^ timaSy not more than fire miles a day; whilst so destitute of provisions, that 
some of the men ate their dogs, cartouch boxes, breeches and shoes. When 
distant a hundred miles from any habitation, their whole store was divided, 
yielding only four pints of flour per man; and ailer having baked and eaten 
their last morsel, they had thirty mUes to travel before they could expect 
lelief. After a march of thirty-one days, they reached the inhabited parts 
of Canada, where they were kindly received, and their wants supplied by the 
astonished natives. 

Before Montgomery attained Montreal, Arnold had reached Point Levy, 
opposite Quebec; and hcMi it been possible for the latter to cross the Su 
Lftwreoce^ that ianportant place woula, probably, have heen, immediately, sur- 
rendered by the astonished and affrighted garrison. But the want of boats 
oocasioned an indispensaUe delay of a few days, and the inhabitants, 
Eiiglish and Canadians, alarmed for their property, united for its defence. 

The pr6^)ects of the Americans, however, were not desperate. The inhabi- 
tants of Canada,' many of whom w6ro from the colonies of New England 
and New York, were friaklly to the colonial cause, and excited by the wis- 
dom and humanity of General Montgomery, gave the most efficient aid. 
The united American forces laid siege to Quebec, but the paucity of their 
number forbade any just expectations of reducing the place, unless by a 
emtp de main. General Moi^cmiery was induced, by various considera- 
tions, to attempt it by storm, llie depth of winter wfui approaching; dissen- 
tioos had arisen between Arnold and his ofiicers ; the' specie of tl^ military 
cbeai was exhkusted, and the continental bills were uncurrent; the troops, 
worn by toil, .were exposed to the severities of the season ; the term for 
which many had enlisted was near, spiring, and their departure fbr home 
was apprehended; and the brilliant success that had hitherto attend^ them 
had excited hopes, which their high-spirited and enthusiastic commander 
dreaded to. disappoint. He was not unaware of the danger and hazard of such 
an^ attempt. Governor Carlton, who commanded in Quebec, was an expe- 
rienced and able soldier; and the garrison, provided with every thing neces- 
sary for defence, dculy acquired firmness. But success had oflen crowned 
adventures more hopeless than that which he pmposed ; and the triumph of 
Wolft, on this very field, taught him, that to the brave and resolute, difficult 
things were not in^)068ifailities. 

The escalade of the town was made with a force of less than eight hun- 
dred men.* Two feints were directed, on6 by Colonel Livingston, at the 
head of his regiment oi* Canadian auxiliaries, th^ other by Major Brown ; the 
principal attacks were conducted by Montgomery and Amotd, in person. 
The former advancing against the lower town, had passed the first barrier, 
and was preparing to storm the second, when he was killed by the discharge 
of a cannon fired by the last of its retreating defenders. His death so dispi- 
rited the assailants, that Colonel Campbell, on whom the command devolved, 
thought proper to draw them o5i Arnold, at the head of about three hun- 
dred and fifly men, vrith irresistible impetuonty, carried a two gun battery; 
but in the conflict, receiving a wound from a musket ball, which shattered 
hb leg, he was compelled to quit the field. His party continued the assault, 
and mastered a second barrier. But, afler a contest for three hours with the 
greater part of the garrison, finding themselves hemmed in, without hopes of 
suooess, relittf, or retreat, they yielded themselves prisoners. This issue, so 
unfortunate fbr the colonists, relieved the town from all apprehensions for its 

" DeooiBber31il,1775. 



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HISTORY OF NEW JBBSBT. 171 

safety; the mv^dera being so much weftkened oe to be acsree conipeleDtlo 
their own defence* Arnoki wacaxaped at three miles distance frotn QuebeCy 
and maintained his position amid many.difficulties and great privations, until 
the spnnfi, when he was joined by reinforcements. . ^ 

The Ml of General Montgcwaery was dq>lored t^ fri^ida and foes^ He 
was an Irishman by birth, and though scarce thirty-eight years of age, 
H veteran soldier. He had shared in the labours and triumph of Wolfe; 
was distinguished ibr talent and military genius, and bleeped with a mild and 
tonstanl temper, and dauntless qourage. The highest honours of his prefer 
sion awaited him in the British service. . These he abandoned for the enjoy- 
ments of domestic^ happiness in the country of his adoption^ But, devoted to 
freedom, he engaged enthusiastically in defence of the Am^ican cause, and 
by his early successes in. the Canactian campaign, induced the highest antid- 
patibns of ilituire greatness. In Parliament, lus worth was acknowledged, 
and his fate lamented; the minister 'himself joined in his praise, whibt con- 
demning the cause in which he^fell, and concluded his involuntary panegyric, 
in the language of the poet, crying, '' Curse on his virtues, they Ve undone 
his country." In Congress he was mourned as a. martyr to libertjr, and by 
their direction a nugrble monument, of beautifiil simplicity, with emblematical 
devices, hka been erected to |us memory, in front of St. Paul's cfauech, New 
York. 

XXVI. The provincial Congr^ of New Jersey re-assembled on the fifth 
of August, 1775, and engaged in devising fUrther means for the ooliectioii 
of the tax they had impeded and for. the organisation of the militia. They 
directed My-four companies, each of sixty-four minute men, to be organized, 
allotting to each county a specific number, and assigning the duty of ap- 
pointing their' officers, to the respective county committees. The minnte 
men entered into the following engagement: '* We, the subscribers, do to- 
luntarily eohsst ourselveB ^s mmute men in the company of 
. in the county of And do promise to hoid ourselves in constant 

« readiness, on the shortest notice, tomarch to'ai;iy place where our assistanee 
may be required, for the defence of this and any.nekhbouring cokmy ; as 
also to pay due obediepoe to Ihs csammaads of our officers, agreeable to the 
tules and orders of the continental Congres, or the provincbl Congress of 
New Jersey, or during its recess, of the committee of safety." These troops 
were formed into ten ^Mtttalicxis; in Bergen, Essex, Middlesex, Honmouth, 
So^ierset, Morris, Sussex, HuntCffdon, and Burlington, one each; in Gbu- 
cester and Salem one, whilst iniihe counties aC Cumb^land and Cape May 
were indqwndent light infantry and rangers :-J-They took precedence of tli 
other militia, and were entitled to be relieved at the ^id of four months, 
unksB in actualservice. Ccmgrees, also, resolved,. that two brigadier^gene- 
rals should be appointed, but namod, at the time, otily Mr. Phiksmon Dkken- 
8011 to that command. Mr. Livingston soon after received the- other qgrn- 
mission. And as there were a number of people within the province, 
whose, peciidiar religk>us principles did pot allow th^n, in any case to 
bear arms — the Congress declared, that they intended no violence to con- 
science; and, therefore,, earnestly recommended it to such perscms to con- 
tribute the more liberally, in these times of universal calamity, to the relief 
of their distressed brethren; and to do all other serviees to their oppressed 
country, consistent with their religious profession. 

But the chief measure of the provincial Congress was the perpetuation of 
the authority which they had assumed, To this end they resolved, that, 
^ Whereasi it is highly expedient, at a time when this province is likely to 
be involved in all Uie horrors of civil war, and when it has become aoso- 
kitely necessary to increase the burden of taxes, already laid on the good 



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178 HISTORY OF NEW JERSEY. 

people of this ootony, fbr the just defeooe of their myaluabke nghts and privi- 
legee^ that the inhabitants tli^reof shouM have frequent opportunities of re- 
newing thea" choice and ^ctpprohation of the representatives in provincial 
Cbngiess : — Therefore^ the inhabitants in each ciounty, qualified to vote for 
i^presentatives in General Assembly, shall meet together, (at places desig- 
mied) on the twenty-first day of September next, and elect, not exceeding 
five substantial freeholders as deputies, with fiill power to r^nresent such 
•county in provincial Congress to be holden at Trenton on the third of Octo- 
ber next: — ^That during the continuance of the present unhappy disputes 
between Great Britain and America, there be a new choice of deputies in 
every county, yearly, on the third Thursday of September :^-That on the 
said Thursday in every year, such inhabitants shaU choose a snfilicient num- 
ber of freeholders to constitute a county committee of observation and cor- 
respondence, with full power as well, to superintend and direct the necessary 
bu«neas of the county, -as to carry into execution the resolutions and orders 
of the condnental and provincial Congresses: — ^That the inhabitants of each 
township^ so qualified, do* immediately choose a sufiici«:it number of firee- 
holdets to constitute a township committee, and that on the second Tuesday 
of March* thereafter, they tmke a like choice, to act as committee of observa- 
tion and oorreqwndence, in the townships, respectively, with pow^ within 
tibeir precincts, similar to that conferred upon the county committees. 

Having appointed Jonathan D. Sergeant. their treasurer, and a committee of 
safety to exercise their powers during the recess, the Congress adjourned to 
the twentieth day of the ensuing Septemb^,* at which session no important 
matters seem to have Occurred. The Congress, elected in September, con- 
vened in October^ when they were ertiployed chdefly in modifying the ordi- 
nance for reflating the militia, and in collecting imd preparing the scanty 
stock of mumtiona of war which the country contained. At thdr rising, this 
CcMigress, also, Appointed a committee of sai^ from among themselveis, 
who, in the vacation, continued the measures for the defence of the country. 
They called before them persons accused of disafiectioti to the American 
cause, fined, imprisoned, or held thmn to bail, as they deemed meet; and 
where the accused was an ofiicer of the goveomnent, they suspended him 
firom the exercise of his functions.- But having received several communica- 
tions from the continental 'Congress, relative to raising of additional force 
for the general service, the establishment of a court of admiralty, and regu- 
lations for fhe continental troops, raised in the colonies, they summoned the 
provincial Congress to meet at New Brtnaswick, on the thirty-first of Ja* 
nuary.t. ' 

The procurement of arms and munitions was a labour of very great difli- 
cultjr. The policy of the continent, in its anterior warfare with the ministry, 
havmg prohibited importation^ the whole country was bare of these indis- 
pensable agents of war; and to equip even one battalion, that of Colonel 

* Namei of committee of eafety— Hendnck Fiiher« Samuel Tticker, Isaac Pearson, 
John Hart, Jonathan D. Servant, Azariah Dunham, Peter Sohenk, Enos Kelsey, 
Joseph Borden, Frederick Freelmehausen, and John Schurman.^-Jtfin. of Convention, 
This committee was changed, by me Congress holden in Trenton, in October. But I 
have not been able to find the mintites of th6 sessions of the provincial Con^ss of 
September and October, 1775. The prooeedingi, then had, do not seem to have been 
cpnsidered important, since they, were bot printed, so far as my researojites have ena- 
bled me to dicover. The following are the names of the committee of safeW ap- 
pointed in October; at least of stich as attended the session of January 10th, 177o; the 
pfoceedin^ of whioii have been published, vus. Samuel Tucker, president, Hendrick 
Fisher, vic&jiresident, Abrahun Cjuk, secretary, Asariah Dunham, Rulo& Van- 
dyke, John Dennis, Augustine Bteyenson, John rope, John Hart, Joseph Holmes. 

t See Appendix, note D D, for the names of the members of provincial Congrew, 
eleol^ in September, 1775. 



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History of new jersey- 173 

BfaxWell, ordered ta maieh' to Canada, the' proviiKaal Congren was ooni* 
t>elled to apply to the county committees^ and (b appeal to the patriotism of 
individuals* 

On the sixth Of February, 1776, the Ccmvention made a new appointipent 
of delegates, to the continental Congress, for the current year^ consisting (^ 
William Livingston, John de Hart, Richard Smith, John Cooper, and Jona- 
than Dickenson Sergeant, who, or any three of them, were empowered to 
agree tiy all measures which such Congress might deem nepessgry^ and 
in case of the adjournment of the continental Confess, to represent the pr^ 
vinoe in any other such Congress as might assemble during their del^ation. 
The thanks* d* the Convention were given to th^ late representatives. 

This Congress, like its predecessors, exercised the whole power of thb 
state, assuming control over its fonds, and directing its physical energies. A 
first measure was an endeavour to protect such points as they deemed most 
exposed to the forces firom 'the British fleet ; which, under the sui^josition, 
that New York was adequately defended, thisy believed to be Perth A19- 
boy^ and Swedesborough on the Delaware, t For this object the conti- 
nental Congress was solicited toi take into pay two battalions and two com- 
panies of artillery; but Congress were imableto do more than order the 
|m)cufement of twelve pieces of small cannon, and to engage for the mainte- 
nance of two companies of artillery, which were raised by the province. An 
ordinance was pa^ed modifying the l<»rm of associaticm, and ddaring, that, 
though it was not the design of the Congress to offer violence to conscience, 
yet it was highly necessary, that all the inhabitants shoukl associate, solar as 
their religious principles would permit; and, therefore, directing, that all per- 
sons, whose retigious principles would not sufier them to bear arms, and to 
sign the general association, might sign it with the following proviso. '' I 
agree to the above association, as far as the same is consistent with my reli- 
gious principles.^ All persons refusing to sign this modified form, were 
to be disarmed, to give securiW for th^r peaceable conduct, and pay the 
expenses attending thereon. The township and county committees were 
charged with the execution of this ordinance, and appeal by a party a^rrieved 
was permitted from the township, to the county, committee, and from the latter 
to the Congress. These committees were also eippowered to confine any 
person, notwithstanding his oflfer of security, whose freedom might prove 
dangerous to the common causes It was f)lrther declared, that all sudi 
persons, between the ages of mxteen and My years, who should not attend, 
properly accoutred^ and bear arms* on the times appointed for the g^ieral 
muster of the militia, should pay ten shillings for each default, to be^ recp^ 
vered l^ warrant of distressw And in order to encourage enlisOnent into the 
service of the United Colonies,' the Congress granted to the soldiers, exemptioa 
of person and goods from execution for small debt^, and to procure a mxp- 
ply of nitre and common salt^ they established a bounty on the mantifac^ure 
of both articles.' 

The impending invasion of New York, filled that city with alarm, and 
many of its inhabitants actuated by various motives, disposed themselves in 
the neighbouring counties of New Jersey, So numerous was this emigration 
that the provincial Congress, doubting, whether it was caused by cowardice 
or cunning, passed an ordinance to re(»ess it. — ^Providing, that ^' whereas^ 
large numbers of people are daily removing from the neighbouring colonies 
into New Jersey, and it being unknown upon what principles such removals 
are occasioned, whether to seek an asylum ftom. ministerial oppression, or 
the resentment of their injured country, to whotn they may have become ob- 
noxious, by adhering to the present system of tyranny, now endeavouring to 
be executed in America; and it beil^ inconsistent with the principlQs of pw^ 



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174 HiSTDRY OT NEW JERSEY- 

aoDfly properly jittached to the cttaise of tibeny^todaBert tbeur town or ooiiBty 
at a tune their aanstaooe may be absdutely necessary for its defenoe, unleaB 
the suf^rt and maintenance of their fiuniJies may makie «uch removal neces- 
sary — ^This Congress, therefore, think it advisable, that, although the inha- 
bitants of this colony ought most cheeriull]^ to Ireo^e into, their )»oleetioin, 
and a&rd all the relief in their power, to all such as are helpless, and iJKud>le 
to defend themselves, yet they ought to prevent the desertion of places in 
immediate danger of attack from the enemy, by all who are proper to r&> 
main for the defonoe thereof, uid also, to prevent persons inimical to the 
liberties for whi<ih the United States are contending, firom taking refuge in 
this province— For remedy wh^nepf, they resolved, that ail persons proper 
to bear arms, who had removed,, or should remove into the cokmy from any 
dty or coun^ of aiUither province^ in daiuer of being suddenly attacked* 
should immediately return to make that defoice, becoming «v^ry good dti- 
zen, unless they should produce' permite from the committee of Jhe p^recinot, 
from whence they rempvod, to reside in this cdony, or unless such residence 
appeared neoessary for ^he support of the resident's fomily, or he had no 
visible means of support whence he came, and could procure such support 
by his industry in thi^ cdony. And they further jresOlveid, that all sufl|)ected 
pecaons mnoving into the cokmy, should be immediat^ returned to the 
place whence they came, unless their detention as delinquents should be 
proper; or unless they produced certificates from the committee of the 
preoinct, from which tl^ came, that they had signed the associadon reoon»- 
mended by Ckngress, and had not subsequently contravoded it" The execu- 
tion of this ordinance was consign^ to the sevcnral county and township 
committees* 

Some irregularities hasving taken place in the election of the ojusting Con- 
gress, this tody reaolved to d^solve itself, and to direct the election of another, 
on the fourth Mcmday of May, following, and thence ajuiually ; and repealing 
a. former ordinance,, they passed onie; for that pui:pose, in which the right 
to Tote was extended to all persons, who having signed the gi^eral assoda- 
lion, were of full age, had reskied immediately prodding the election, for the 
space of one year, in the colony, and were worth My pounds in personal 
estate. 

XXVIL Governor Franklin convened the L^lature <m the l^th of No- 
vooab^, 1775, that they might have an opportimity of transacting such busi- 
ness as tl;ie public exigencies required. In his opening address he observed. 
*^ Having lately said so much to you, comseisiag the present unhappy situa- 
tion of public affidrs, and the dwructive niea8ure0 which have been adopted 
in the colonies under the pretc»ioe of ifeoessity; and as I do tiot see, that the 
«tfging any more arguments on that head has a chance of producing any 
mod e&ct, I shall not endanger the harmony of the present session by a 
nirther discusaioD of the subject." He proceeded, however, to inform them 
fkrni his instructi9ns, ''That his Majesty lam^its to find his subjects in Ame- 
rica, SQ lost to their own true interests, as neither to accept the resoltttion <^ 
Ae House of CkHnmons of die 20th of February, nor maJce it^the basis cf a 
negotiatkm, when, in all probability, it would have led to some plan, of ao* 
eommodation, and that, as they have preferr^ engaging in a reb^ion, whifih 
menaces to overthroHv- the constitution, it becomes his Majesty's di;^y, and is 
his firm resolution, that die most vigorous efforts i^iould be mftde, both by 
sea and land to reduce lus rebellious subjects topbedience. But it is hoped, 
that unfiivouraUe as the prospects are at present, the time will come, when 
•men of sense, and friends to peaee and good order will see the fatal oobsb- 
quences of the ddusions which have led to the measures the people of America 
are. now puraqii^, and that we may yet see llie public tranquillity re-esla- 



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HISTORY OP NEW JERSEY. 173 

Uifthed on the gsou^d 6f Ae tenoB held out l^ his Sfejesty tod the Pariia- 



"Although," he continued, "the King^s officers io this province, have not, 
aa yet, (ezc^ ia ooib or two instapces,) met with any insulls or improper 
treatment firom any of the inhahitaots; yet such has be^ the geoerai infatua- 
tidi and disorder of the times, that had I followed the judgment and advice of 
senile of tny best friends, I should ere this, have sought, (as others of the 
King^s goveraors have done,) an asylum on board of one of bis Majestylsi 
■hips. But, as I am conscious that I have the true inte^rest and welfare of 
the people at heart, (though I am so iBahappy as todifibr widely in opinion 
with their reprgs^tatives with respect to the best means of serving them, in 
the present crisis,) I shall continue my conficfence in that affection and re- 
gard which I have oa so many occasions experienced <frpm all ranks during 
ny reddenoe in this colony." 

"I have, indeed, the stronger inducement to run this -ri^k and to use my 
iflAience with the other crown officers -to do the same, because our retreat 
would necessarily be attributed ta either the efibct, or well grounded appre- 
benoionof violence, and of course subject the colcniy to be more immediately 
considered as in actual rebellion, and be proiductive of mischief, which it is 
my earnest inclinaUen and deternliimtion to prev^t, as far as may be in my 
power. Let me^ therefore, gentlemen, entre&t you to exert your influence 
likewise with the peq)le, that they may not by any action of theirs, give 
oaase for bringing such calamities on the province. No advantage^ can 
possibly result uom the seizing, confinement, or ill-treatment of officers, ade- 
quate to the certain damage such acts of violence must occasion the province 
to suffer." 

" However, gentlemen, if you should be of a different bpinion, and will not; 
or cannot, answer for our safety, all I ask i8,'that you would tell me so in 
auch plain. and open language, as cannot be mi^under8tood% For as senti- 
ments of independency are, by some men of present consequence, openly 
aivowed, wai essays are already appearing in the public papers, to ridicu^ 
the peoj^'s fear oif that horrid measure, and remove their aversion to repub- 
lican govermnmit, it is high time, that- every -man should know, what he has 
to^xpect^ If, as I hope, you have an Bbhorrence of such a design, yoli will 
do your country an essential service, by declaring it in so fliU and explicit 
terms, as may discourage the attempt. You may always rely on finding me 
ready to co-operate with you in every proper expedient for promoting peace, 
order, and good ^vemment ; and I shall deem it a particular happiness to 
have an opportunity of being instrumental in saving this province from the 
present invpendii^ danger." 

XXVni. The prominent objects of tWs address, seem to have been to ob- 
tain frmn the Assembly, ai^ assurance of personal saf^, and a disavowal of 
all int^itioa to proclaim independence. And in these, the governor was 
sQccessfb). For the House replied, " your excellency's safety, or that of any 
of the officers of government, weapprehend to be in no d^ger. We place our 
own safoty in that protection which the laws of our coimtry and ihe execu- 
tive powers of govemmexit afford to all the King's subjects. It is the only 
asylum which we have to f^ to, and we make no doubt that it will be, as it 
hitherto hadi been, found fully equal to the purpose, both of securing your 
excelleiicy and others. Amd we hope tp find, that the officers of government 
will conduct themselies so prudently, as n6t to invite any ill usage; and that 
they will not make any supposed ' infatuatien or disorder' of the times, a pre- 
ftenoe to leave the province, and thereby endeo^iour to subject the inhabitants 
to any calamities." 

^ We know of no sentimaits of indepencfancy, that are, by men otnny con- 



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17d fflSTORY OP NEW JERSEY. 

sequence, openly avowed ; nor do we approve of any essays tending to encou* 
' rage snch a measure. We have aIr»Euly expi^sed our detestation of such 
opinions, and We have so frequently and fully declared our sentknents oh 
this subject, and partictilarly, in oiir petition to the King, at ihe last session 
of the Assembly, that we should have thought oursdves, as at preset we 
really deserve to be, exempt from all suspicions of this nature." 

The dread of independence seems to have seized, at this time, others thaa 
the governor. Several petitions were presented Iroin the freeholders of Bur- 
fiogton county, praying the House to enter into such resolves as might dis- 
courage an independency on Great Britain. The petitioners were summoned 
before the House, and stated, that they had been induced to address it, 
" from reports that some afibcted independency.^ Whereupon, it was re- 
solved, that reports of independency, in the apprehension of the House, are 
groundless : — That it be recommended to the delegates of the colony, to use 
their utmost endeavours for obtaining a redress of grievances, and for restor- 
ing the union between the colonies and Great Britain, upon constitutional 
principles; and that, the said delegates be dirooted not to give their assent, 
but ut^rly to reject any propositions, if such should be made, that may sepa- 
rate this colony from the mother country, or change the form of gover^mient 
thereoH The spirit of these resolutions difiered widely from that which ani- 
mated the provincial Congress, which, in the succeeding February, instructed 
the delegates to agree to all measures which the continental Congress might 
deem necessary. 

XXIX. At this session the governor communicated to the Legislature, the 
royal approbation of an act, for issuing on loan, bills of credit to the amount 
of one hundred thousand pounds. For more than twelve years this had been 
a desirable object with the Assembly, who, as we have, elsewhere, observed, 
frequently parsed bills for this purpose, which had hitherto been rejected by 
the crown ; but as if every concession to the wishes of the people, was a 
grant of property for which some consideration was due. Lord Dartmouth, 
m remitting the approval, informed the governor, ** At the same time I am 
commanded by the King, to say to you, that it would have been more agreea- 
ble to his Majesty, if the Assembly, instead of a general appropriation of the 
interest of the loan to the support of government in such manner as shall be 
directed by future acts, had thought fit to make a settlement, during the 
existence of that loan, upon the ci^ officers of government, of salaries more 
suitable to their respective offices than they now receive; and to appropriate 
a specific proportion of thjB said interest, to building houses for the residence 
of the governor and the meeting of the Legislature,, of which you say there 
is a shameful want. Such an appropriation is no more than what they owe 
to the dignity of their own government, and his Majesty's just expectations ; 
and, therefore, it is his Majesty's pleasure, that you do require the Assembly, 
in his Majesty's name; to make such provision accordingly, trusting that 
they will not make such an ill return to his Majesty's grace and favour, in 
the confirmation of this law, as not to comply with so just and reasonable a 
requisition." Thus, a n^easure was conceded by all parties, having power over 
it, to be just and necessary, and yet, an individual, who, in all matters relating 
to the pubhc weal, should have been deemed Imt an inctividual, inflated by the 
worship of crowds, dared to talk of grace and favour in the performance of a 
simple and imperious duty. But the age is passing away, wh»i men will 
make themselves golden calves for worship, and when a feeble mortcd shall 

** Assume theGrod, 

Affect to nod, 

And seem to shake the spheres." 

But the name of the King was no longer a spell sufficiently potent to opmi 



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HKKTOftY OF NEW JESSEY. 177 

the puiBes of the peofrfe, for a prescribed serieis of vears, in favour of royal 
officers. The Assembly declared, '* that though theyentertained the most 
gnlitefbl s^dse of the attention shown to the wishes of the colony, in the 
allowance of the .loan act^ and of his Majesty's gracious inclinations to give 
" every indulgence consistent with the tme principles of commerce and the 
ocm^uti6n,'' and are sincerely disposed to grant his Majesty's requisitions; 
yet, at this time, the Bouse cannot consider it prudent, to go into any in- 
crease of the salaries of the officers of government, nor. do they apprehend 
that it will be benefipial for his government over us, to settle them longer 
4han the usual tune; or esqiedient to erect buildings at present, better^ to ac- 
oonunodate the hraaches <^the Legislature." 

. On December ^Ih, 1775, the House was prorogued by the governor until 
the tfiird day of January, 1776, but it never re-assemblcd ; and thus termi* 
nated the provincial Legislature of New Jersey. 



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178 HISTORY OF NEW JERSEY. 



CHAPTER XII. 

CompriBing Civil EreniM of the year 1776. — I. State of the Public Opinion at the com- 
menceroeot of the yeu' 177o— Or^oal nowth of the desire of Independence.-^ 
IL Reiolation of Con|ppeM for the ett&lishment of Independent CeUmiil Qo- 
veramentfl. — III.. Provincial CongreM re-asiembles — Proceeds to the Forma- 
tion of a Colonial Conatitution.-^V. Review of the Constitution. — V. Oath of 
Ahjoration and Allegiance established. — VI. Tories — their motives.— ^VU. Law 
relative to Treason. — VIII. Imprisonment and Relegation of Goremor Frank- 
lin.— IX. Measures adoj;»ted against the Disaflneted.— X. AdopUon of the Deekr 
ration of Independence. 

I. Foir more than a year the whole country had been, not, only, in open 
rebellion against the King, but its inhabitants had actually rnade war upon 
theb feUow subjects, who, unconscious of oppression, had preserved their 
loyalty. Yet, during this period, the governments of the United Colonies, 
respectively, were administered in the King's name, and the people, every 
where, proiessed affection for his person, and attachment to the parent state. 
In the first half of the year 1755, amongst the great m^ss of the people and 
many of their leaders, these sentiments were reed. But the more daring and 
ambitious spirits had, not only foreseen that the continuanpe of political con- 
nexion was not much longer possible, but had, successfully, sought to in* 
spire the people with the d^re of independence. And, probably, there was 
not a profoundly reflecting man in revolted America, who did not, in the 
depths of his heart, believe, that the severance of the fies between the parent 
and daughters was, at no very distant period, inevitable; though many, 
from vanous Causes, such as timidity, selfish policy, and influence of family 
relations, were disposed to postpone the event.* 

But this. inconsistent state of things could not continue, without the most 
odious and useless hypocrisy, nor without the greatest injury to the cause of 
the colonists. Whilst the expectation of a reunion was suflered to delude the 
minds of men, a reluctance to pursue those energetic measures which the 
crisis demanded,, would paralyze the best efforts of the patriots who had 
assumed the direction of affiurs. In efl*ecting a change and demonstration of 
public opinion, perhaps, no single agent was more powerful, than a pamphlet 
styled Common Sense, written by Thomas Paine ; which, m a clear, perspi- 
cuous, and popular style, boldly pronounced a continued connexion with 
England unsafe, as well as impracticable; and successfully ridiculed her 

* In 1768 the following fanffuaffe was holden in the .^mtrican Wkig^ a periodical 
paper, published in New Tora, edited by Mr. William Livingston, aftfuwaras, gover- 
nor of New Jersey; and the article itf said to have been written bj \am.'-*8Bi^wiek*9 
Life of Lnmgtton^ p. 145. " The day dawns in which the foundation of this mighty 
empire is to.be laid, by the establishment of a rtpdar American CongtUution. All thai 
has hitherto been done, seems to be little besides the collection of materials for the 
oonstruction of this j^lorioos fabric. Tis time to put them together. The transfor of 
the European paK of the mat familv is so swift, and our growth so vast, that belbn 
seven years roll over our heads, the nrst stone must be laid. Peace or war, fkmine or 
plenty, poverty or affluence, in a word, no circumstance, whether prosperous or ad- 
verse, can happen to our parent, nay, no conduct (Mfhers, Whether wise or imprudent; 
no possible temper on her part, will put a stop to this building** * What an era is 
this to America 1 and how loud the call to vinlance and activity ! As we conduct, so 
will it fare' with us and our children." Notwithstanding this prophecy and the spirit 
which prompted it, and which filled the bosom of every leading man in every colony , 
BIr. Livingston was of those who believed, that the time for its fVilfilment had not 
arrived, and that the declaration qf independence, when iiiade9.was piematoro* 



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HfiSTOftT OP NEW jfiBSET. 170 

ooostittitkm, wMeh had lAherto been deemed the masterpiece ^ pcrfitica] 
wgrkmanuriiip* Thb pamphlet was dmverMilly read, and among those who 
were zealous in the war, obtained, every where, friends to the measure of 
independence. The belief became general, that a cordial reconciliation with 
Gitot Britain was i^^K)GtaiUe ; thiU, motUal confidence could never be re* 
atored ; that, redprocai jealousy, suspicion, and hate, would take placaof 
that afiectic«t indispensably necessary to a beneficial connexion; tbat,lKe 
commercial dependence of America upon Britain, was injurious to the foifmer, 
which must derive incalculable benefit from full liberty to manufacture her 
raw matetia], 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 dieir ijlterests, was intolerable in the present ra- 
pidly increasing strength and power of the colonies ; that the hazard in pro- 
lon^np the contest was as. great as in the declaration of independence ; and 
that, mnce the risk of every thm^ was unavoidable, the greatest good attaina- 
ble should be made, in common justice and prudence, ti^ reward of success. 
It was urged, also, with great force, that Ibmgn aid coutd be more certainly 
obtained Oxxn the rivals of Great Britain, if they felt assured that such aid 
would tend to the permanent dismembennent of her empire. The bias 
given by all these forces was confirmed anoong the people, on finding, that, 
they were declared to be in a state of rebellion; that fi>reign mercenaries 
w^re en^loyed to fbrae their chains; that the tomahawk and scalping knife 
were ei^aged in the Britnh service; attd that their slaves were to be seduced 
fiom thw masters and armed against them. 

II. The measures of dongress during this remarkable contest, took their 
oom^exion from the temper of the people. Their proceedings acainst those 
disa^ted to their cause became more vigorous; their language relative to the 
British government, ISbs that of subordinate states — general letters of marque 
and rqirisal were granted, and the ports were op^^ to all nations not Sub- 
ject to the British crown. At length, the great and important step of inde- 
pendence was in efiect, thong|i not in form, taken. On the 15th May, 1T76, 
Congress declared, that his Britannic Majesty, with the lords and commons, 
had, 1^ act of Paa^iament, excluded the united colonies from the protection of 
the crown ; that, not only had thdr humble petition for redress and reconcilia- 
tion been received with disdain, but the whole force of the kingdom, aided by 
foreign mercenaries, was about to be exerted for their destruction ; that, theref- 
fore, it was irreconcilable with reason and good conscience for the colonists 
to take the oaths for scqpporting any government undei' the crown of Great 
Britaan; and it was nooeanuy Uiat the exercise of every kind of authority 
under the crown should be suppressed, and that all thepowers of government 
•honld be exercised by the people of the cok>nies for the preservation of inter- 
nal peaoe^ virtue,'and good, order, and the defence of their lives, liberties, and 
properties, against the jKwtile invasions and cruel depredations- of th^r ene- 
mies* And they resolved, ^^That it berecommended to the respective Ass^n- 
bties and oonventioift of die united colonies, where no government suffident 
to the exigencies of their afikirs has been hitherto established, to adopt such 
gpvermnent as shidl, in the opinions of the representatives of the people, best 
conduce to the happiness and safety of thehr constituents in pardcdar, and 
America in general.'^ 

This was virtually a declaration of independence. It was such almost in 
terms. Therenuiiciii^icmofdlegianoe to the British crown, and the establish- 
ment of eovemments b^ the authority of the people, were made, certainly, 
widi no hope of reconcdiation, nor desire of re-union with the parent state. 
When Massachusetts asked advice of Congress <m the propriety of "taking 



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im IB0TORY OP NEW JERSET* 

^ptand caerdflfaig the pow^n of oiv3 govaauneBl,''* tbey teoamamodei i 
regulati<»is, only, as were iadupensabie^ and those to be confonxied as vaatf 
as possible to the siHrit of their charter, and to enduce no longer than until a 
governor of his Majesty's appointment should consent to govem the cdony 
according to that instrument. This was in perfect acconl with the pvofes* 
sions of the colonies of respect and attachment, )uid dependence on Gveat 
Britain. But the resolution now adopted spoke not of limitalian to the powers 
to be assumed by the people, neither as to their nature nor doiatioii* 

In seeking redress from British taxation, and denying to ParBameat the 
fight for its unlimited exercise, great uoanimity had fnrevailed* The oki 
parties forgot their animositisii, and united to oppose a conunoQ opprawKUU 
Whilst bound with the band of loyalty to the Kiag, this union appear^sd indis- 
soluble, but when armed resistance became necessary, still more, after it had 
commenced, strong repulsive qualities discovered theraselTes in the ma». 
The Quakers, opposed to every fcNrm of war, and strongly attached to the 
parent state, ^nd to their church, and iamUy connexions therein, shrunk 
with deep sensHniity from the unnatural contest, and wifli horror from penna* 
aent separation and independence, llie royal c^ioerB, their dependents and 
connexioDs, embracing a large proportion of the wealthy and disliiigiiiBhed 
of the provuDce, beheld in a change of gorenui^ent the loss of official, emdih 
ment and influence^ The great body of the people, however, led by enter- 
prising spirits, who were not only impatient of oppression, but who saw even 
m the vicissitudes of war the excitement they loved, and m indepeodsaoa 
successfully maintained, bright visions of glory and wealth, hailed with rap- 
ture the recommendati<m(^ Congress to take the first irrevocable 8tq> towards 
political emancipation. 

For these parties names were borrowed from Engli^ politics. The de- 
votees of American freedom and independence assimfed the title of iMgMy 
whilst they designated their opponents by that of tones. 

III. Tb& provincial Congress of New Jersey, elected on the fourth Monday 
in May, pursuant to the ordinance of the preceding Coi^press, eonvened at 
Burlincton on the 10th of June, 1776, and was ^Hganiaoed by dioosing 
8amud Tucker, Esq. president, and William Patterson, Esq. secretary. Befete 
the 2tst of that mcmth, many petitions were received from East Jersey, for 
and against the formation of a new government; and (m the day hist mni- 
tbned) the convention resolved, that a government be formed for regiidating 
the internal police of the colony, pursuant to the i^commendatkm of ^t^ 
continental Congress, of the I5th of May, by a vote of 54, against three mem- 
bers. Messrs* Green, Cooper, Jonathan D« Sergeant, Lewis Ogden, Jona- 
than Elmer, Hughes, Covenhoven, Symmes, Condict, and Dick, were 
appointed a conunittee to prepare a constitution on the 24th of June, who 
reported a draught on the 26th,'Which, ater a very short and imperfoot eon- 
sioeration, was confirmed on the 2d day of July. 

At this time Congress, impelled by the tide c^ public opinion, had gone &t 
beyond their resolutions of the 16th of May; and had^ actually, les^ved om 
declaring the coUxiies independent slates, thereby severing forever, all pofiti^ 
cal ties which had connected them with Great Britain. Yet, the c oav an tiap 
of New Jersey was not disposed to abandon all hones of abeommodatiQn; 
providing in the last clause of their constitution, that if recondlmtion between 
ner and the colonies should take place, and the latter be again taken under 
the protection and government of the crown, the charter shouki be nuU and 
voio. This door of retreat was kept open by the fearsof thepresident nC 
the conventk>n, who, in a few montlw after, dakned the demency of tlie 

* Jane, 1775. 



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mSGFORY CW NEW JEEOST. . 181 

ittny, wilh whom tias cbuwe Bove bim an intevesU* Otter elaiifles of th» 
eaoitittttioii show also, that it mam made for the colony. The kws were to 
be enacted, and all commissicHiSt writs, and indictnients, weie to be in the 
name of the colatqf. On the 18th <^ July, 1776, the provincial Coogr^ 
assumed the title of the ^^convention of the jtole of New Jersey.^' And after 
the declaration of independence, in practice, the commissions and writs raoia 
tbe name of the «We, the indietments coochided against the peace of li# 
MaUy and an act of Assembly of 20th September, 1777^ substituted the word, 
wkUe^ in aH such cases for the word, colony. 

The coliinon between the views of the continental Congress, and the New 
Jers^ convention did not escape the repirobatk>n of some of the members of 
the latter, who moved to defer the prmting of the constitution for a few days, 
that the last clause might be considered by a full Hoyse. The effiirt, how- 
Bver,wa8negatived,whi9nnotmo9re than half the members were present.' It 
must not heiMM be inforred, that New Jersey was timid or backward in en* 
gaging in the contest. She had kept pace with the foremost, and her spirited 
conduct was the more.mentonous, that it had less of the exoitement of imme* 
^ateinteiest,inasi|Hich, as she hod yet foU no burthen, and was not irritated by 
die vexations of commercial restrictions*- She had no ships, no foreign com* 
meroe. Usr ittdtruotions to her delegates in Congrsss, chosen on the 21st of 
June,'empoweied them to join in deolaHng the united eolomes independent of 
Great, Britain. The convention consistdd of sixty*five members, five frouk 
each of the thirteen counties, and* on the 2d of July when the motioD for r^ 
considering tbe last ckuise was made, there were present only twmty-five 
tneasbers ; x>f whom^ Meanrs. Camp, Hajcdenbur^, Joseph Hdmes, Mott, SpariGS» 
Cooper, Clark, Ehner, Harris, Bowen, Leanung, Shaver, Shum, Twlmani 
Fennimore^ Shreve, and Oovenhoven, voted in the n^;ative. And Messrs* 
Frelin^rhauaen, Paterson, Mehelm, Josiah Hohnes, KlKs, Sergeant, Symmes, 
and Ihck,in the affirmative. Had the Hoose been foil on thw vole^ theadop* 
tion of the constitution would have, probably, been delayed^ and tJie character 
of an independent state, at once foarrl^ssly assumed. 

IV. Tins instrument is styled in the proceedings of tlie oonventkm, and 
within ksel^ a constitution. But it is not such, in the present political sense of 
this word, in America. A constitution of government may now be defined, a 
wiitten expression of the will (^the peq>le of a slate, establishing and limitmg 
imateerably^ except by themselves, the fdKtical powers therein created. Or 
it may be deemed a power of attorney from the people to their agents, «peoi-' 
fying, distinctly, the powers assigned to each.f The constitution and the 
^ofvemraent are frequently confounded, and treated as synonymous ; whereas, 
they are essentially difierent ; the former being the creator and th6 law of the 
latter. The difference between them is not less, than that,, between the whde 
power of the people, and that of their, special delegates. Every country has 
a government, but lew have a constitutioYi. The government in England, is 
by king, lords, and commons, but that nation has no constitution; that is, 
no instrument restraining the political omnipotence of those ag^its. No act 
of theirs can be compared with a designation of their powers, and be thereby 
ccmrected or annulled. But, wh^iitever they may doy however oppreftsFe aaii 
••rt>itrary, has necessarily the authority of law. A>constttutic»i may create 
any form of govemment-nnay give any quantum of power, less than the 
whole ; for if it give the whole, it destroys itself* And such is the delect, 

« VotM of AnemUy, 1776. 

t It might be objected, that the convention which framed the comrtitution, exceedsd 
their powera, or had. in fact, no power to touch the iubject-^that thej miitook in lup- 
ponnff^ themfleWet thepeopUy ana that it is essential to the existence of a constitution, 
that tBe people phoula formally and ezpresily pns npon it. Bnt acqniefleenee 
bt deamsd assent 



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Ids ISSTCAY OP NEW JJ^SET. 

jaidsodihasbeeOypaitHdlyytbefiileyofthecon^^ The 

only restnciion it contains, upon the agents to which it gave being, is ibund 
in the twenty-third article, requiring each member of Council and Assembly, 
to declare, upon oath or affirmaticMi, that be will ^ not asseiH to any law, 
vote or proceeding, which shall appear to him injurious to the public welfare; 
nor that ^uUl iimid or repeal that part of the third section of the chartery 
vMch estabUsheSj that^ the elections of members of the legiJaiive CouneU 
and Assembly y ^all^ annual;, nor. that part of the twenty^secondsecHony 
respecting the tried by jury; nor that ^mU annuls repeal or alter the 
eighteenth and nineteejUh sections;^ which relate to the freedom of religious 
worship. This specification of thii^, wliich the Legislature shall not alter, 
admits its power to diange eJl others, and puts within its control, the idiole 
fonn of tl» gQvemm^t, with the partition of its powers. 

The powers of govemtovant.ajre commonly divided into the legislative, 
easecutive and |udiciid branches; though the third is but a modificationof the 
second, since the making and executing the laws, comprise the whole duty of 
every government Most 6f the constitutions of the States of North America, 
define the manner in which these branches shall be constituted,^ the powers 
they shall, respectively, «xeroiae, and protect each against the other. But, 
by the constitution of New Jersey, the executive, and judiciary pawersj may 
be rsmodeUed in any way. .The office of governor may be vested in an in- 
dividual for life, or made hereditary — the judges may be appointed for 
months, for 3rears, or for life— -their number bs increased or diminidied, and 
their compensation vi^ied, and the courts. continued or abolished, at the 
pleasure of the Assembly— in a word, all the ordinate branches axe dq^en- 
dent on, and at the mercy of, the legslative. And, with the very ineonst- 
deraUe restrictions already noticed, the whc^ power of the pec^e, for alt 
purposes, is in the hands of their representatives ;r who are, thus created 
universal and not special agmits, and faAve no law but their own wilL 

We have seen with what extraordinary haste this instrument was fi^rmed. 
Less than two days were employed by the committee in fifaming, andiess 
than six days by the convention, in considering and confirming, the govern- 
ment of the state. This' would be deemed extraordinary and unprofitable 
haste, at the present day, when political science is more generally under- 
stood^ the several powers more orderly clasnfied, and mockis of tried con- 
stitutions abound. At that period, reisort could be had to two models, only, 
of finee government — those -of ^a^and, and her colonies. In both, the pow- 
wd of £e state were divided between the king, or his rq)resentatives, and 
the representatives of the people. But most of the powers which had been 
exercised by the royal governors, were held by this convention to have been 
tidcen, fix»m the, people, and were, by it, restored to thdr representatives; 
doubtless, in the Conviction, that, they were thereby restored to the people. 
The government of Great Britain was deemed too exc^tionable to copy 
from; and its hereditary executive and hereditary branch of the Le^latnre, 
were not congenial with the habits and wishes of the people. 

By the cbnstituticm of New Jersey, the legislative power is vested in an 
assemblyand council, annually elected by, alhd firom^the peoplo. 

The council is composed of one representative finom each county. T^ * 
allotment seems based upon no political prindj^e. It has regard, neither to 
extent of territory, nor amount ^population; but would seem to be, wholly, 
arlHtrary. 

The minimum number of the Assembly, was fixed at thirty-nine. Thrse 
members were given to each county, with a like disregard of territorial 
extent and population. But the Legislature was empowered to diminish 



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iserrcNEiT c^* new jbbsby« 193 

IJm^ mnciber or proportion of die xepteBmiB&reB in ihe AaKmUy hr any 
county. 

Tbe qualification for a member of the, Le^iature is, that he: should he 
for one whole 3rear, heibre hb election, an inhabitant and freeholder of. the 
0puBty4n. Winch he is chosen.-^-If for council, that he should be worth one 
Ihousand pounds«-^lf for the Assembly, five hundred pounds, in teal or per- 
sonal estate. Neither mature age, nor citiz^iship, nor oath of allegianee, 
«re required kasa the iaw-gsver.o? the land. But notwithstanding the con- 
stitution has thus defined the qualification of the representative, the Legislib* 
ture, exercising the power which it unquestioi^ably. possesses, but • which 
would not .pertain to it^ if the constitution were obligatory upoot it, have de- 
dmred, that; no alien should hold.office^* and that every ofiicer shall take a 
prescribed oath of allegiance. And it has, thus, by the requisition of qualifi- 
eiUkxQs not prescribed l^ the oenstituticm, added to the instrument. 

That the Legislature may be preswved as much as posnble from all sus- 
picion of c(»rruption, no judge, sheriff, oi^ other person possessed of any post 
of profit, under the government, other than juices of the peace, may sit 
in the Assembly. But, on taking his seat, his office is vacated. This r^ 
stiiction does not extend to. die council, and was borrowed firom the provin- 
cml laws. 

The electms ate required to be of full age, worth fifty pounds, dear estate, 
and to have resided withip the county mr twelve months previous to the 
electictfb This qualification also^ has been finrnd in practice too biroad; ad^ 
mittii^ aU inh a bit ants, bcHKi and free, whke or- black, male or female, nativo 
c»r foreign, dtiaen or alien; and the Legislature has again exercised its 
power, over the constitution, by limiting, m<Mre narrowly, Ae qualification of 
electoni; declaring that no person' shall vote in any state or county election, 
unless he be a free white male citizen of the state. • 

The property qualification required in the electors and elected, is a 
striking, because the only aristocratic, £3ature in the constitution. It is 
copied from the law. of the colony, and was introduoed, probably, into the 
constitutioi, by proprietary influence, which sttU prevailed in both section* 
of the province. But the people having since condemned the restriction, the 
Legislature has removed it from the elect(H^, by .declarii^, that, every person 
who shall, in other respects, be entitled to a vote, and who shall have* paid a 
tax for the use of the^sounty, or state, and whose name shall be eo^roUed on 
any duplicate list of the last state or county tax, shall be adjudged by the 
oflloefs conducting the election, to be worth fifly pounds.. In practice, the 
property qualification of the elected, is almost wholly disregarded. Under 
tbe royal government, a freehold estate was required in the votelr. In the 
y convention, an effi>rt was made to give this firanchise to all who paid taxes, 
and the qualification required, by the ccMistif ution was probably a composition 
between the parties. 

The Assembly has powers under the constitution, to choose its ofiicers— 
to judge of the qualification and electioii of its membersH-to sit upon its own 
adjournments — prepare bills — and to empower the speaker to convene the 
members when necessary* Like powers are given to the coundl ; except, 
that, it may not alter any money bill. In this Testriction, we have a rtriking 
evidence of the haste, and confusicm of ideas, under wlidch the constitution 
was framed. In the British government, the right to grant money is claimed, 
exclusively, by the commons, because die other branches of the L^islature 
are presumed to have an interest, and to be subject to an influeooe, foreisn to 
the mass of the people. The prindple was adopted in the colonies, and- the 
right of firaming money bills reserved to the Assembly, for the same cause; — 
tiw governor and council being creations of the crown. But the reason 



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184 HISTOBY €^ NEW JBBS£Y. 

OBMuig, wMly, mth thachaage of govemmBnt^ the r^nhoMiuBt^CBtaeA, 
ftl80« The memberB of council, in their relaXion to the people, difibr tir 
nothing from the members^f the Assembly. They are not like the oeiuUors 
oi the United States, the representatives of territorial divisions; femoved in 
a degiee from the people by the mode of their creation, and less .responsible 
by the length of the term of office; but are annually elected, by ihe same 
electors, at the same time, and in practice, firom the same class, as thte mem»> 
bers from the lower House. By the letter of the constkutioii a- distinction is 
made. More property is requisite to qualify them for office. But this dis- 
tiDoUon makes tham safer guardiana of the puhUe purse, because it gives 
&em a deep^ interest in it. 

Hie Assembly and council hare, power to make the gieatseal; — ^They 
are required to meet, separately, cm the second. Tuesday next after t^ day. 
ef election ; atd the consent of hoth Houses is necessary to evary law.— 
Seven form a quorum of the council; and no Uiw.can pass, unless diere he 
a majority of all the ropreselntatives of each body, perscmally present, and 
agreeing thereto. 

The council and Assembly, in joint moetmg, aieempow^red to elect the 
jovemor, annually, by a majority of votes, at their finst meeting after eadi 
annoal election ; to elect, in the same^manner, the judges of the supmne and 
tnferibr courts, justices of the peace, cierks of courts, the attoniey general, 
the secretary of state, the treasurer, and all general and field offioers of 



It is now a settled principle oi political science, that, the l^slative aad 
executive powers of gmremment ought not to be in the same hands. That 
government in which they «^re blended is a tymnn^ in proportion to tlie 
extent of the amalgamiation ; because, respotpsibility for the ej^ecution of the 
laws is, proportionately, destroyed* Where the whole of the legislative and 
executive powers are vested in the same person or persons, the goveima&ai 
is despotic; and it may be the despotism of the onei or of the many. Gveiy 
executive act may be a new volition of the legidative power, and the law 
nay, nay, will be, changeable and uncertain ; 9nd oAtimea neyer prodairaed, 
D^er known, until its execution. In the classification of powers, that of 
appointing the expounders and the subordinate executors of the hiw, is pro- 
perly assigned to the executive branch of the government, co-ordinate with, 
and iodqiendent oC, the Legislature; but the difficulty -of producing a prompt 
aad adequate responsibility, of the executive to the people, has, in practios, 
occaaoned various restrictions on the exercise of this pow^. Whrai the Le- 
miature appoints these officers, it assumes the functions of the executive. 
But experience would seem to teach us, that the dai^r of corrupt adminis- 
tmtion is equal, where the ministrative or judicid officer depends, for tfa^^ 
tenure of his office, upon the chief executive, or upcci-the legislative Assem- 
bly. The corruption most common, and most to bo dreaded, in popular 
gefenunents, is subservience te party spirit. Thus, we daily see officers de^ 
pendent upon the will of a single beaded executive, a council of appointment, 
or a legislative assembly, chan^g their opinions, modelling their c(mduct, 
or losing their offices, with the. mutations of party — ^following all its phases, 
or baned in the obscurity of forgetfulness. To pteserve dbe Legislature, 
whose purity is indispensable to the public weal, from every temptation^ to 
act under any oth^ influence, than that of sound reason and disoreticm, it 
■kould have, neither the power to appoint, nor remove, any other, than such 
offieers, as are necessary to the exercise of its functions. It is, wisely, object* 
dd, that the "power of appointment should not be exercised by a body oom- 
pesed of several individuals ; because responsibility for its deeds is dimini^ied 
or destK^ped, by oomniinution; and because oenaooiated aasemfaiief, eveiy 



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mSTQRY OF NEW JERSEY. 185 

where, take a latttiide in morals, from which unprotected, unsupported indi- 
Tiduals, would shrink with dismay. If such power be vested in an indiVi* 
dual, although he be not elevated above the temptation to abuse it, he is not 
only legally responsible for its improper exercise, but he stands constantly 
before the tribunal of public opinion, and may be instantly arraigned for 
malversation in this, as in every other department of his office; and when 
the continuance of the appointee in office, is independent of the will of the 
appointor, it would seem; th^t, the constituticxi, in this particular, possesses all 
practical guarantees for honest administratioli. 

' But the eonstitution of New Jersey vests in the legislative power, to aa 
alarming d^ree, all -the powers of ^vernment. Thus, the incumbents of 
chief executive c^Sices, including the judiciary, are not only dependent upon 
the Legislature, for tiieii' commissions, but for the amount of their siEdari^, 
which is subject to enWg^tient, or dim^iution, at -its pleasure. The place- 
Snen,' therefore, moved by ambition or avarice, whether governor, judges,^ 
secretary, treasurer^ clerks, or chierofficcrs of the army, are the creatures of 
the Assembly, not of the people ; receiving fiom it^ lifo^ and daily sustenance, 
and following it, as the sunflower does the sun, whatever bie its course^ 
Officers atitaaJbdd by such motives, are always attainiible; and when U^ 
Legislature may be corruptly influenced, ita power will be despotic m the 
direct or indirect exercise of all the fimctions of the govemtnent. If the 
eonstitution were, indeed, the supreme law of the land, unchangeable by the 
Legislature, it would present, in the pr^ribed tenure of office for some of 
the officers, a check upon legislative ii^uence. Thus, judges of the Supreme 
Court, hold their offices for seven-fudges of the inforior courts, justices of 
the peace, clerks of courts, the attomey-gieneral, and secretary, for fivff 
years. But the Legislature may alter the constitution, in this, as in other 
particulars, and make the term of office in th^ cases annual, as in case of 
the governor and treasurer; or at will, as in the case of the principal militia 
crfficers.* ' 

. * Tke fbUoWhig 10 gtv^a^ byJudge Griffiths, as the «etiial result, ia the state, of 
this commingling of powers. We canaot ci x>ar Own knowledge, vouch for the ttuih 
of the picture, but it has sufficient verisiniilitude. , 

'* One of the most threatening ejects of the connexion of the le^slative and ezecu^ 
tive in the same body, is its apparent tendency to corrupt the Legislature. 

^ jFVnt. By placing the power of filling the offices of gowrument in .the Letfishi- 
ture, and jpermittinc the choiee from their Own body, & temptation of the meet mreot 
kind is offered to &eir virtue : offices will be erected for no other purjMwe, but to 
^tify the expectations or promote the private ends of popular and ambitious leaders 
m the Assemblj. 

'' Second* But the most pemieione efleet of this executive power in the Legislature; 
is seen in the intrigues and party purpo6ee,.which it promotes and cherii^s in a body, 
that ou^rht to be Iree froin every local and every interested consideration, 

" It IS impracticid>le liere to enter into a detail of facts, to prove, that the virtue of 
the Legislature has been, and will he^ constantly assailed* and overcome, by commit* 
ting to it the nomination, and afipointment of the ezecatiye officers. It shows itself in 
the very ibniu4ion of the Leffisiaiure. .No sooner does an election for a legislative 
assembly and council approach, than the question is not, who are the wisest and most 
disinterested, and of most integrity > but who will best answer the views of party, of 
private ambition, or nersonal resentment. In every county, there will be oonstantfjr 
a sueeessioik of people aspiring to appointments, civil or militaiy : some desire to m 
judgres, some justices, some majpis, and some colonels; some have interests dejpendr 
ing m the courts of law, and some perhaps have resentments against existing officers, 
and would fkin oust them fWmi their seats: all these, and a thousand more passions, 
are set to work, parties are formed, and nominations to the Legislature will be direet- 
•A and supported, upon prinoiples altogether besi<fe. those, which should form the 
basis for a right elation of legislative characters; the result must, of course, be un- 
&vourable to the public good. But this is not all; — not only are elections rendered 
vidous, and the mOTak'ofthe people corrupted in these struj^les for personal advan- 
tages, but unh^»pily the oandidites partake of the contamination They must piomise 



2A 



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186 fflSTORY OP NEW JERSEY. 

By the constitDticn] the goyemor has the supreniB exemxiire power; m 
captain-general of all the imlitia and other military feroe; is chancellor, ittid 
ordinary and surrogate-general; and as president of council, is judge of tfaift 
court of appeals, in the last resort; prestdes in council, and has a casting 
vote in their proceedings. The council choose a vice-president, who acts as 
president, and governor, in the ahsenoe of the governor; and atty tht«e 
members of the council, are at all limes a privy council, to advise the 
governor, in all cases where he may find it necessary to consult them. 

Whilst the proper powers of the executive are given^ to the Legislature, 
the governor is oppressed with various heterogeneous duties, which have been 
conferred upon him; not because be is the proper organ for their exercise, 
but because the members of the convention were habitiwted to behold them 
lodged with the colonial governors; who engrossed them, that they might 
increase their emoluments* As chancellor, surrogate, and president of the 
court of appeals, the governor is a high judicial offioery and as such, gives 
decisions, which as an executive ofiicer, he may be called upon to enfbroew 
As the president of council, he has a potential voice ^nd influence in legisla- 
tion, and, thus, exercises, in a limited degree, to be sure, aJl the powers of 
government. Thus, in another of its branches, the gov^nunent assumes 
flie essence of tyranny. This combination of powers, might pr6ve very 
dangerbu^, were not the goverribr so ephemeral in his existence, that he 
has not space, iff his official life, to mature and effectuate a p(oC; and is 
wholly dependent upon the Legislature for his compensation, wMich is, not 
uncommonly, a principal mean of his subsistence. But, he is not deterred 
from making his powers subservient tothedominant party x>f the Legislatcire, 

allegiance to their party— yon shall be a judge , and you a justice — ^you a major, and 
you a colonel— you a cleric, and you a commissioner, i will solicit yotnr cause in tks 
court of errsrs^ and will vote for your ficiend to ftU a seat in the judiciary. Thus tbe 
executive authorities confided to an annual legislature, lay the- ioundation of corrup- 
tion at tbe threshold of its election ; instead of being elected with a national view, 
and for the purpose of forming general l^ws, for the more eqilal and salntary govern- 
ment of the people, the persons ^o there to represent the intereMs and gncti^ the de- 
sires of a few partisans in their different distilets^ npoa the perforaiaiice of woich. will 
depend their reappointment at the ensuing election 1 

" When the Legislature is formed, and a joint meeting agreed upon, then be^^ins a 
scene of intrigue, of canvassing and ^nesse, wbiohi>afiies all description, and is toe 
notorions, to require proof, and too disgusting fbr exhibition. The members of a 
county, in whicn an offioe is to be disposed ot^ are beset bv firieiMk and partisaos of 
the candidates ; their hopes and fears are excited, by all the arts which can be sa^r. 
gested to influence their choice; from these, the attack extends itself, till it reaches 
every member of the Legislature ; and so strong and so general does the contest be- 
come, by the difierent representations, having each particular objects to attain, thai 
one grsJbd so^ne of canvass and barter ensues; a vote for one, is made the coBditkii 
i>f votin||;for another, without regard to qualifications; even laws which are to aftct 
the pubhc interest, are made the price of these interested concessions; a&d not uniVe- 
(]|tient]y almost the whole sitting of the Legislature is spent in adjusting the p ws te n - 
mons, and Tharshalling the strength of the respective candidates for offioe. To 0«eii 
a pitch has this grown, that evein the members of the Legislature complain of it, as 
tta intolerable evil. These contests again, lay the foundation for new parties and 
new resentments at the next election. To counteract the opposition which may be 
Stirred up, all the appointments will be made, with a view to strengthen the int«rest 
<tf the sitting members. New commissions,- civil sfiid mililary,' fudges and jvsti 
general officers, general staff and field officers, will be made with a referenee to 
state of parties in the county, instead of being dictated by quite a eentrary spirit. 

<< The result of all this, is seen and felt in every quarter. Frota hence proceed the 
Jars and divisions which destroy the pleasures of social lift in evety neigbboorbood 
and village; and from he&ce arises the instability of laws, the mnltipnoatiqii of jpagie 
trates, the weakness and divisions of the courts of justice, the heats and ill^direelecl 
zeal at elections, and that general lan^nor and oereKetion of priiiciple in every 
department, which menaces the total <i&prav«tion of the body poMtie."*~ XJ «sie ms , 

pp. lao^iaa '^ ■" *^ 



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HWTORY OF NEW «»8EY, ia7 

Mid thm to submit himself toa corrupt ipflueoce. There is another point of 
view in which this commingling of powers is prejudiciftl to the state* It de- 
mands qualities fi>r their execution, which are so. rarely found in the same 
individual, as to seem incompatible. The qualifications for a commander- 
in-chief, are not those of the- legislator, much less those of the judge. 

It is Qot the fault of th^ constitution of New Jersey, alone, to vest in the 
chief executive officer, a portion of the legislative power. It js done by the 
constitution of the United States, and by many of the states, with an ex« 
pediency, which daily experience renders less than dqubtHiL The /eature 
is borrowed from the English government, where its chie( use is to preserve 
the prerogative of the Kii^, against the encroachments of the people. 

The inferior executive officers, beside those abovenamed^ who are cre*- 
dted by the constitution, are a sherifi*, and one or more coroners, elected, 
annually, from each county; who.ai^ eli^ble three year^, successively, but 
after which, not again for three years ;-r-and a constable, and commi^ioners 
of appeal, in i»^e of taxation, also, annually elected in each township. 

But in no particular, is the imperfection of this constitution more visil^le, 
than in its provisioni^ relative to the judiciary* Neither the courts nor the 
number of judg^ which shall respectively constitute them, are determine^ 
by it. The power is gzv^ to appomt the judges of the Supreme Court, and 
of the inferior courts of Common. Pleas, of the several counties. These 
courtS) and the chancery, were established by an ordinance of the King, re- 
cognised and confirmed by the acts of Assembly, and are continued under 
the new constitution, by articles twelve and twenty-two; declciring, that all 
the laws contained in .^linson's edition, and the common law of England, 
and so much of the statute law, as had been theretofore practised, shall 
continue in full force, until altered by the Legislature; such parts only ex- 
cepted, as were incompatible with the chartert If any dif^rencc of opinion 
inay exist, relative to th^ power of. the Legislature over the constitution, 
there can be none, as. to their power over the laws;— consequently, they 
may alter or abolish, all or either of the courts, at their pleasure; and there- 
fore the constitution has made no provision for the permanence of the judi- 
ciary. The fixed term of office of the judges, supposing the constitution 
unalterable by the Legislature, becomes no protection to tteir independence, 
since the laws upon which the courts depend, may be r^)ealed, and the 
eoamussions of the ^dges fall, with them. Of the manner in which the 
courts are at present constituted, there are many seemingly w^ founded 
complaints, which it is no part of our province to examine or to judge. But 
we may remark, with regard to the Court of Chancery, that we cannot con- 
ceive, of a wcMTse organization, than that, by which the highest law officer of 
the state,' is not only subject to annual change, but is actually and repeatedly 
changed fh>m year to year* The judge has no inducement to qualify him- 
self for the duties of his place, since his labour will not be rewarded ; and 
the business of the court must be igncurantly, slovenly cmd sluggishly exe- 
cuted, inasmuch, as more than one chancellor may frequently intervene be^* 
tween the hearings of the same cause.^ 

* F6r the maaaer in wliieh the jiyttem of the mfei^ior oourts works, we refer the 
reader to the fbHowin^ temak» of Judp Ghffithi— K>bearviiif tha( Uie judges of these 
courts are without limit as to aumber, have not a professional education, and receive 
no oompensatioD, save some inconsiderable bench rees. 

^ Let «ay man mo lAto a ooonty eovrt in New Jersey, and one hour's observation 
will satisfy him) that it is neitber a place of Qommon sense, nor of common jiultiaa. 
He will see diqmtes maintained with mkU heat and prolixity, on (questions which 
none wonld hear debated, but those who feel difficultv in every thing, f^rom thdar 
intal ignerance of every thing, of a legal esmpleaaon; Im wiU bm the aaest prepae- 
teroos deeisioas, after those preposterous pleadings; he will jwe caass alW i 



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1«8 fflSTORY OF NEW JERSEY* 

The judges and other officers, dioeen by the Afls^fnbly , are oommissioned 
by the governor, and may be ineappointed at the end of their several terms^ 
and dismissed when adjudged guilty of inisbehaviour, by the council, aa im- 
peachment of the Assembly. 

By article, ninth, the governor and council,, (seven whereof shall be a 

Suorum,) form the Court of Appeals, in the last resort, in all cases at law, as 
leretofpre; and have power to grant pardons to crjiminals, after condemna- 
tion. By statute, this court has also been made the Court of Apipeais in 
equity cases. 

This feature is also copied from the colonial government, in which, it 
was analogous, somewhat, to the judicial power of the House of Lords; 
with this important and extraordinary difierence, that in England, the execu* 
tive, or the King, is ilot a member of the court; and the court there, is 
always aided by the great law officers of the state, and guu}ed by their col^ 
lected wisdom and learning. Whilst in New Jersey, the executive forms q 
part of the court, and the court consisting of m^nbers annually diosoi, and 
perhaps annually changed, whose education and pursuits do not qualify 
them to determine \em\ questions, sits to revise<-«nd perhaps, to revJBise de^ 
cisions given under me best lights of the land.* . 

The 18th and 19tfa articles of the constitutiixi, which are exempted from 
the power of th^ Legislature, provide, that no person sh^U be deprived of the 
privilege of worshipping Almighty God, in a nuumer agreeable to the dic- 
tates of his own conscience, nor under any pretence, compelled to attend any 
place of worship contrary to his own faith and judgment, nor be oUiged to 
pay tithes, taxes, or any other rates, for the purpose of building or rq!>aiTing 
any church, or place of -worship, or for the maintenalice of any minister or 
ministry, contrary to what he believes- to be right, or has ddiberatdy or 
voluntarily engaged himself to perform. 

"That there shall be no establishment of any one rdigious sect, in prefer- 
ence to another; and that no protectant in(habitant shall be denied the enj<^- 
ment of any civil right, merely on account of his rdigious principles; but, 
that all persons professing a belief in the faith of any proie^ant sect, who 
shall demean themselves peaceably under the government^ shall be deipable 
echoing elected into any office of profit or trust, or beinga member of either 

torn by piecemeal ftom their foondttions ; the jnd^s perplexed or dismayed with 
everv trifling occmrenoe, upon which a legal doubt aneet; he will see the judges 
diyicied in opinion, looking round for help; and finally, he will see the business of the 
session abandoned where it beffan, and put off upoh'iHvolous pretexts to a more con- 
venient season; and when he has seen tliis at one court, at one term, he will have a 
veiT accurate sample of the ^VPnij and abiHty, which pervades the judiciary system 
of nis enlightened country. nniOBe who are best acquainted with the subject of this 
description, will allow that it is not exaggerated; .they, know that there is little 
dignity, and less ability in most of the courts, to which their professional {>Qr8uits oalt 
them; they know, it is sometimes a subjeet ^ridicule, and oflener of serious regret, 
that the judges, instead of knowing the laws better than those who advocate thenn, 
are seneralk ignorant of first principles^ and instead of directing business with that 
manfy confidence, which is always the attendant of knowledge, mey are led away by 
their deference to professional eminence, perhaps b^ the fallacious sophistry of a con* 
oludiag harangue. Far be it from me to apply tms indiscriminatelj^ ; there are ex- 
ceptions; and still farther it is from roe, to place this general defeolion in tfaejudi- 
eiarv, to a depravity of personal character ; quite the contrary. It would be difficult 
to find more private integrity in any equal number of men; but no Qualities of uie 
heart, can compensate for the want of knowledge in any science; and in that of the 
law. however paradoxical it may seem, mere goodness of heait is a danferona pro- 
pensilv."— fJumaws, pp. 107, 1(6. 

* Members of the bar are frequently elected to council. To them, of course, t^e 
foreffomg remark is not applicable. An increase of business in this court, would prO- 
Umj render it as neeessiry to have the coimoillors aU lawyers, aa it 4s that tha 
^wmor shopld be ons. 



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HKTORY OF NEW JERSBlf. W9 

faranch of the .L^u^tufe, and sfaaH fblly and freely enjoy every privilege 
and immunity enjoyed by others, their fellow sabjects." 

This last clause, imich less liberal than were the Conoessions of the pro* 
prietaries, stands a monument of Bri^h intolerance ; for it is modelled on the 
law&of England', excluding Catholics from G&oe; yet whilst in Great Brit^ 
this intderance has ceased, it is continued here, and the Cathdic christian, 
together with all who do not profess a belief in the &ith of >a Protestant sect, 
are.Q^uded from ML paitidpation iit. civil rights. This restri<9ion is (ar 
behind the age, and c$lls loudly for removal; although, to the hcmbur of the 
state, ip no instance^ has it been enforced. Yet, it is a foul blot on the polity 
of the country. 

By the^ 16th artide <^ the coostituticni, all criminals were admitted to the 
same privil^es of witness and counsel, as the prosecutor; and by the 16th, 
lhe> estates of persons destroyii^ their o#n lives, and chattds occasioning, 
aooideatally, thed^ith of any one, are declared not to be 'subject lofbr^ure* 
We have- thus given all the ptovisions of the eiadsting constitution, with a 
running ccmmientary upon its leading features, in which the deficiency of 
the instrument, as a ccMistitution, has been chiefly considered. Compared 
.with what such an instrument should be, it has many faults of expediency, 
which have bee^ freqi^eody noticed by emii«eiit citizens of the state; some of 
which have been, and otfam may b^ amended, by the Legislature. But as a 
lymstitotion, the. inatrument is radically defective; first, that it ia not obliga- 
tory iqpoD the Legislature, but may be, as it has be^i, altered, by the power 
which makes the orchnary law ; second, that it does not separate a&d define 
the powers of the aeveral departmentB of the government; and third, that it 
has made every department subject to, atfd dependent upon, the Legislature. 
Conseqo^^y a despotic power lies in that body, which may be abused to 
paity purposes, and to the subversion o^ political liberty. That this power 
has bcM^^o abused) is not less certain, than that every cause in action must 
jmxhice its appropriate effect. That such abuses have not been iiitolerable, 
may be ascribed first, to the want of opportunity of workinc' extensive evil \ 
for no great convulsion. of the- people has yet arisen, in which individuals 
could advance their interests, by the utter stibversion of established principles, 
and drawing to themselves as members of the Assembly, the actual exercise 
of all political power; although a continued assumption of such power might, 
perhaps, be. traced in the I^^ature, frcnn the establishment of the istate 
government; 2dly, To the'> restraining power of public opinion, enlightened 
by that political science, which sends more or less of its rays into eveiy part 
of our country, and to which the annual election of the members of the Legist 
lature makes them amenable. But, that the state is subject to all the evils 
n^hich may result from an unlttnited arid indefinite government, is as unques« 
tionable, as that the man^ho dwells ben'eath the impending avalanche, or on 
the slumbering volcano, is exposed to destruction from the fall of the one, or 
irruption of the other. That he has not already been overwliehned, can be 
no protection agunst the next convulsion of nature. 

The transition from a provhicial to an independent state, was made with as 
little pain and confusion, at the moment, as & modifieati(»i might now be 
efibcted in. an American state, where the sense of a majority of the people, 
forms the unresisted law. A simple resolution of the (x)nvention, "Uiat the 
judges, justices of the peace, sheri£&, coroners, and other inferior officers of 
the late government, proceed in the execution of the several offioss under the 
authority of the people, until the intended Legislature, and the several cheers 
of the new government should be settled and perfected, having respect to the 
present constitution, and the orders of the provincial Congreraes ; and thai 
all suits pf law shoidd be continued) altering only the style and fonn thereof,** 



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190 HISTORY GF NEW J^RflEY* 

of society* 

V. Afbrihe adoption of the ccxistitutiQn, the provincial Congreasy pro- 
ceeded by an drdinanoe, to carry U into e^t* Tfa» second section of the 
charter appointed the second Tuesday in August, fo]r the election of the vasm* 
bers of the Legislature, sheri&, and coroners. The ordinance ascertained the 
places and manner of election, and created a new qualifieatbn for the mem- 
bers of council and Assembly, and for the ele(3toxs, which may be considered 
the second violation of the constitutioa just established ; requirim, finom the 
voter and member, respectively, an oath or affirmation, that he did not hold 
himself bound to bear allegiance to Geoige the Third, King of Great fiittain, 
and would not by any moans, directly or indirectly, oppose the measures 
adopted by the colony, or the Gcmtinental C!ongreas, against the tyranny 
att^npted to be established over the cokmies by the Court of Great Bntain; 
but would bear true aUegianoe to the government established in the colony, 
under the authority of the people. The council and AiSQmbly, when elected, 
were directed to meet, the first^dme, at Pnoceton. 

VI. Tbe period of the revohitkin has been teoned the ^Hme for trying 
vtet^s tovh;^ and this was emphatically true, at the moment of declaring 
independence. The unanimity with which resistance against the measures 
of the parent state had Jieen continued, was then brokan. The timid, the 
interested, and the conscientious, were alike tmwillin|^ to aevser- irrqiarably, 
the ties which connected them /wkh her. The pro fo s ta o np q£ loyalty and.cb- 
pendence, were sinceyely made by a large majority of the proyindalists, and 
they were adhered to by many, with jeUgious- tenacity, who tmly. bdkvod 
that political happiness and salvaticAi exist^, only, in the British empire. The 
timid, and. especially the tinud rich, shrunk firawn the disgrace and pains <^ 
treason — the placeman, and the expectant of place, who looked upon the 
rising sun, straggling amid clouds as a portentous, but evanescent, m^eor, 
could not turn ftom the ra3rs of meridian splendour, in which they had loag 
Hved or hoped to bask; whilst others united with their fellow ettfajects of the 
European isles, by the tenderest chanties of blood and affini^, of tastes and 
business, could not summon resdutien to break connexions, which were the 
great pleasures of their existence. The wonder, therefore, is not that a gre^ 
many valoable men preserved their loyalty and became distin^iished as 
tones; but, that the dedaration of indep^btdence had not more eqiially divided 
the country. But there was, also^ a class of men of desperate charaoler, 
opposed to American indep^idence, who, confident in the strength and suc- 
cess of Great Britain, availed thcnmsdves of her protection to prey upon 
the country, and under pretence of loyalty and readiness to punish treason, 
to gratify their own malignant passions, their foul revenge, and cupidity. 
Bamk of these marauders soon haunted the forests and shores of the eosHem 
part of the' state, partioulady of Monmouth, and the mountains of Morris and 
Sussex counties; iM^eaking out from time to time, and doing far greater evil, 
than the regular inimical soldiery. New Yoric, one of tte largest, richest, 
and nk)st pow^rfiil of the royal colonies, was the most, divided on the question 
of independence. The tories, there protected by the English £>rces, were 
numerous, wealthy, and active; they had many friends, lelativesi and de- 
pendents in East Jersey, over whom they exercised a dangerous influence. 
'During the whole interval firom the commencement of hostilities until the 
treaty of peace, New Jersey was a frontier stite, and exposed to all the ituse- 
ries of border warfare; at one time, the enemy lay upon her northern and 
southern boundaries, and her losses in proportion to her wealth and popula- 
tioQ, were probably greater than those of , any other stale, save South Caro- 
lina. 



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HISTORY X)F NEW JBSSEr^ mt 

XJpbMk the amvd of (he Brknb anny in 1776, the itefieeled in'New Yoik 
and New Jersey, ^ere oor^iodied und^ • officers aieieeted fidin among them- 
selves: Mr. Oliyer Delj^ncey, an influential officer of- the late-government^ ^ 
in New York, w^ appointed hr^gadiei^g^eral, and empowered to raieo 
three baltalioQs, to consisi of fifteen hundred men. ^ But, notwithstanding 
great exeirtions on his pait, iiis comn^u:ld did not exceed six hundred* Mr* 
Qmrthuidt Skinner, late atfomey-genemU and speak^ of the AsflemUiy 
of New Jersey, his brothef , the iate treasurer, w^ had recently been re- 
oeived in the council, and every member of that &mily, adhered to the 
enemy- Courtfendt jwas, also, appointed a brigadier, and directed to raise 
two thousand fiye hundred men, but he could naely bring into the field more 
than five hundred. ' 

VII. With the aisuraptiiHi of indepeddeat sovereignty, came the. duty of 
tf ap poni n g it, by the denunciation of- the pains and penalties of treasoiH 
against such as should a^bempt its overthrow. . Ad ordinance of the 18th of 
July, 1776) thei^oils^ prescnbfed, thiGt, all pertoiiff abiding withm Jhe et&la, 
deriving prdtection from its laws, oWed aUegiance to its goverhipent, and 
were members of its commmiity ; ^and, thflit, sojourti^rs receiving like pr9»> 
taction, owed Hke aUegcance wUtet within its limits; that all persona,, so 
dwmg allegiaace, who should levy war against, and within, the state, or be 
adherent, to the King of Great Britain,, or oth^, theeneokies of the state 
within tiie same, or to the enemiesV<^ dieUn^ Stales of North America^ 
giving -tiiem aid or oonifort^ should be adjudged guilty of high treason, a^d 
su^r the poms tiieoreof (death) as by the ancient htws* This act transmitted 
the cases of disafiected residents, en ffMute, to the ordinary tribunals. 

VIII. To those opposed to the rising ocder o£ thkxgai the loyalty of Go- 
yemoir Franklin afi^rded countenance. The torrent of public o{Hnion was 
too strong, fof him to attempt to tura its course, and he was compelled to 
stand by, an almost idle spectator, whilst it a^ept away all the powers and 
asrvices which, lately, pertained to him; but which he was not disposed to 
abandon widiout an e&H for thm maintenance; Before the resolution to 
etebhsh a new government had b^en ibnnally adopted, by this fitafe, the 
whole pditk»I power had passed, by the voice of the people, 4o their dele* 
gates in ConveaboD; which became t^ govemm^t de faaio; and the 
powers flowing' fipom rojral authority, vrere suspended by the exercise of 
those derived ffom the peq^. l^is, however, was a condusion which the 
governor was very unwilling to attain^ and he resolved to determine whether 
It were indeed true, by attempting to coUect and set in actibn the component 
parts of his Ms^esty's government. Could this lie eiiected, a powerfid efibrt 
might yet be made in the royal cause; and whatever migm be the final 
re^t, disunion and cBstraction in die pnooeedingsof the-state would be inmu 
table. Of the thirty members of Assembly, seven, only, were mehibersof 
the Convention ; and the gov^nor may^ probably, have supposed, as some 
of the fbnner body were distit^uisbed royalists, that he might array one 
popular Assendily against ano^er. He, theve^re, bf pnxjamation of thcr 
thirtieth of May, summoned the House, ht the name of th^ King, to meet od 
the twentiedi of June. The p'rovinoiei Congress, instantly, foresaw the ^niS' 
chief of this measure, and prepared to defeat it. On the fourth of the last 
month, they resolved, by a vote of thirty<^ht to ^even, that the proclamao 
fion of Wilham Franklin, late governor, oaght «iot to be obeyed ; and on the 
s ix teenth, by a vote of thirty-five to ten; that, 'by such pk^amation, he had 
acted in direct contempt, and violation, of the resoivexTf the confinental Con- 
gress (^the fifteenth of May; had di^veicd himself to.be an enemy to the 
liberties of the country ; and that, mesaaures shpuid be 4mmediatety taken to 
decuN his person:^— And by a votei of Ibrty-seven to three, they further re- 

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19$ HtarORY OF NEW JERSBt. 

soWedy that all ipsyvofdx^ of money, on account of salary^ or otfaetwise^ to 
him, as governor, should thenoefortli cease; and that the. treaflurers of ther 
pnmnce should account for the moneys, in their hands^ to the promndal 
Goi^ress, or to the future Legislature of the colony^ • 

' Immediately, upon the adoption of these resolutions, the Congress issued 
the follpving order to Oolond Nathaniel Heard, of the first battalion of the 
Middlesex county militia. " T^ provincial Congress of New Jersey, re- 
posing great confidence in your zeal and prudence, have thought fit to entrust 
to your care, the execution of the enclosed resokes. It is the desire of Con^ 
gress, that this necessary business, be conducted with ^ the deCc^y and 
tenderness which its noturq can possibly admit. For this end you wiR find,, 
among the papers^ the form of a written parole, in which there is left a blank 
space for you to fill up, at the choice of Mr. Franklin, with the name of Prince* 
ton, Bordentown^ or his own form at Rancocus. When he shall have signed 
the parole, the Congress will rely upon his honottr, for the iaitiifiiL perforata 
ance of his engagements ; but should he refc»e to sign it^ you are desired to 
put hiin under strong gimrd, and keep h^n in close -cu^U^y, until further 
Orders. Whate^ver -expense may be necessary will be. cheerfully defrayed' 
by the Congress. We refer to your discretion, what means to use for that 
purpose; and you have fiill power and authority to take to your aid, what." 
ever force you may require." 

On the seventeenth. Colonel Heard and Major Deare, waited on the govern 
nor at A^boy, and desired hini to comply with the order of Congress, and 
aiga the parole^ Upon bust refusal, they surrounded his house with a guard 
of sixty men, and despatched an express to r^rt their proceedings to, and 
ask fbrther instructions^ from, the Congress; who commanded, that Mr* 
Franklin should be imm^Uately brought to Burlington. 

In the mean time, Mr. Tucker addressed a letter to Mr. Hancock, presi> 
dent of the QOQtiiiental Congress, in the foUowii!^ terms : < ♦* Sir, our cc^ony 
has, of late^ been alamied with sundry attempts of disaffected persons, ta 
create disttirbances. The proclamation of Mr. Franklin, our late governor, 
fcir Qalhng together the Assembly, is one of those we have thought deserving 
the most *rious ^attention. Enclosed, we hdve sent a copy of certain resolves 
which we have thought necessary to pads on the occasioii, together with a 
copy of our instructions to Colonel Heard. We, this minute, received, by 
express from Colonel Heard,- a le^ejc, of which the enclosed is a copy. We 
have ordered down to this place, Mr. Franklin, under guard; and now beg 
leave to submit, to the consideration of the Congress, whether it would not 
be fpr the general good of the United Colonies, that Mr. Franklin shouhl be 
removed to some (5her colony. CongEe9S will easily ponceive the reasons 
of this application, as Mr. Franklin, we presume, would.be capable of dmng 
less mischief in Connecticut or Pennsylvania, than in New Jersey. What- 
ever advice Congress may think proper to give us, we shall be glad to re^ 
oeive ; and would ftirtfaer intimate, that the countenance and approbation of 
the continental Congress, would satisfy, some persons who might, otherwisev 
be disposal to blame us." 

President Hancock replied, transmitting the following resolution : ** Inr 
Congress, June 19th, 1776 — Resolved, th^ it be recommended to the Con* 
vention of New Jersey, to proceed on the examination of Mr- Franklin; and 
if, upon such examination, they should be of opinion, that he should beacon- 
fined, to report jsuch opinion to this Congress, and then this Congress wiB 
direct the plaice of his confinement; they concurring in sentiment Mfith the 
Cpnve|itk)n of New Jersey, that it would be improper to confme him in 
that colony." 

On the twenty-first of June, Mr. Franklin was, accordingly, called before 



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HISTORY OF NEW JEB^SST. lOi 

th^ proviftc^I ^ottneil, to be eiouBBiedi tonditiig saeb pnrls of h» coodoct, 
as were deemed ininuoed to the liberties of America. He refused to answer 
ail questkos put to hind; drying the audiority (^ this bcidy, which he 
alleged had usurped the King's gOT^imiait 4n theprarinee^ WhereopoD« 
the CeogresS' resolved, that as by this and his former ccmdaet, in msay in^ 
stances, he Appeared to be a virulent enemy to this counti^, and a persoo 
who m^t prove daagerdiiBy he ^bould be confined ia sudb place and man- 
ner, as (he honourable continental Congress should dbect ; and that Lieu^ 
tenant-colonel Bowes Read, should keep hiih uhder/safe miard, until further 
order of the continental Congvsss*- Tlmt ord^ was leoeivedon the twentf^ 
fifth of Jime^ directing that tl^d^fKMsed governor should bespit, under guards 
,lo Governor Trumbull, of CoonecticQt, ,who was desired to take hifr pavoie, 
and in base^he refused to give it,, to tr^it him agreeably to the resolutions of 
Oongiess, respecting prisoners* This reqtiest was immediately conc^ied with. 
On hia releas^ he ssiled to- Biigkmdy where he receivedu pension for hib 



iX. Towardii ih& ^safiected the conduct of the patriots was, at first, truly 
leniefit. Thoto taken in- arms were treated as prisoners of war; and no 
other proceecfiag was ^h&d against those not in jarms, from whom dangeir 
was apprehended, than such as would prevent 4hem ftpm committing the 
noschief they meditated. Congress had great confidence in the power 6( 
leadon and genHe- tpeatao^t, o^ the presumption, that 'the dka^boted weie, 
generally, the misinibrmed* Under this knpressipn, reedutioos were adopt- 
ed^ second Jannavy, 1776, reqcxnmending to the several township and county 
committees, and other friends* of Ammoan liberty, to explain to- the honest 
and BBsguided, the natote of the eontrcyversy, and the many, bat fruitless 
dfi>rts*whidi had boen made to effect anlioconrnKxiation ; but, at the same 
-time, to proceed with, vigour, against aotive paxtizansfromwhony danger 
might be apprehended, disarming them, keeping th^m in safe custody, or 
hindii^ tlKnn wiOi sufficient sureties to dieir go^ behaviour. Strong mea^ 
sores were not, however, immediately taken against them,, in those parts of 
the country where they wer^ the most pow^^U In Long and York islands, 
where General Lee bad been atadoned, principally, to counteract their ma- 
ofamotions, they niaintained, even, after the arrival of the ctmmwnder-in- 

* Governor FrankHn was born about the year 1731. He was a captain in the French 
war, and served at 'Hconderoga. After the peace of Paris he accompanied his father 
Id England. Going (o Scotland he became ao^piainted with the Earl of Bute, oa 
whose reeonipieadation, to Iford Hali&z, he was appointed fovenwr of New Jersey, 
in 1763; from which time he continued in office, until deposed in the manner above 
stated. He died in England, November 17th, 1813, agfed eighty-two years. By his 
first wife, a We^ Indian, he had a son, WiUiam Temple franklin, who edited the 
work* of his grandfitther, sappressiof , as it is said, at the instance of the British jto- 
venunent, some very important n»emqirs. He died at Paris, May 99th, 19Q. Go- 
vernor FrankUn di^red, essentiUIy, in temperament from his illustrious fiither, pre* 
ferin^ eaae to action, and gained a life of inglorious comfort, by the sacrifice of an 
eternity of fame. His own conduct and tiie reputation of his father, had made him 
respected in New Jersey, and had he joined ^e popular party, he would, probably, 
have attained high distinction among American patriots. Governor Franklin, as weH 
as Governors Bernard and Hutchinson, were Americans, and though sons of the soil, 
their devotion to the parent state, and the royal dause, was right loyal ; and such was 
tike eflbet <^ the royal fkvonr, en them, as to give us occasion to rejoice, that H had 
jKPt been nMHre bomitifally dispensed among the pi^triots of 1776. To carry his points 
in England, Loe4 North was profusely benefioent. Ten peers, at once, were called 
upidto the English House, and one day, the 22d of July, 1777, saw the Irish peerage 
reinforced by eighteen new barons, seven barons ftirther secured by being created 
visooonts, and five visceunts advanced to ea rid em s . It waf, perhaps, nappy lor Anm- 
rica, that, at the dawn of the rsbellioa, the griefs of the complainanto had not been 
medicated by a palrooage like this. 

2B 



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IM HIBTORY OF NEW lERSeV. 

diief, a ^regular i n teroourae wkh Qwetaor Tryon, and <le?iaed j^ans fihr co» 
operatmg wi^ the eoeniy^ When the contest asaumed the form of active 
hostility, dksafl^tkm to the American caude took a ^decided shape, and its 
eoenues united as a party ; sttU numbers followed with the body of their 
countrymen, and were not distinguishable until- the declaration of indepen- 
dence. Tlbat measure eflectualiy sepaiated the mass. 

Where the prerious measures of the continental and Icksal governments 
lud been generally and oortMally supported, the public mind was' prepared 
for iodependeaee. In New England, Virginia, and South Carciina, there 
was scarce a dissentient Tosce^ From New York to Maryland, inclusiye, the 
jpeople w«re mor& divided, in ^ North Carolina an effideat majmty was 
firiendly, but th^re was a powerful minority, ready to seize the nrst <^>por^ 
tuaity to manifest their hoc^ty. Gec«gia w<^ weftk and disimited. 

In New York and New Jersey the Britidi were received with open arms, 
by the disaffected, as their ddiverers* from opfoesaion. The tories were so 
numerous, that> as the army advanced into the country, the militia of the 
islands wera embodied 'for. their defence; fmd these states e£S»rded corps (^ 
vegidars, equal to their qMotas in the Aoeiican army. Upon taking pes- 
session of Long Island, General How& assured his army, that they were 
among. friends, ^nd prohibited, under the severest p^aldes, every spedea of 
violei^* As he advanced to the White Plains, the state Convehdoii enter- 
tained fears of a dangerous insurrection^ and seemed apprehenmve of an 
attempt to punish the <lbaflncted, though actually engaged in enlisting men 
for the British service. Much droad was felt, that they would s^B6 the im- 
portant passes of, the highlands; and it was thought dangerous to ma^h the*" 
militia from some of the neighbouring counties^ for their protection, lest 
their absence should encourage the loyalbts to assemble in arms. 

On entering the Jerseys, Lord ComwaHis gave orders sinuiwr to those qf 
General Howe, on Long Island. The proclamation, ofienng protecti(»i to 
those who would come in and. take the oaths of allegiance, within nxty 
days, also, contained assutancesy that the obiKudous -laws, which had oloca- 
sioned the war^ would be revised. The effect of these Pleasures, with the 
military success of the ^nemy^ was to -extinguiish, nearly, the spirit of re- 
sistance. A few militia, only > were in .arms, under General Williamson; 
whose indisposition, compelling him to leave' the service, they were aiibsr- 
wards commanded b^ Geneml Dickenson; but the great body of the 
country was either with the enemy, or had too little z^ for the cause, to 
hazard their lives and fort^ne8 in its support. When urged to take up arm8> 
they answered^ '' that Greneral Howe premised ihsm peace, liberty^ i^ 
saffety, and more they could not require." 

The articles of association of 1775, may be deemed the entering wedge of 
division, between the parties in New Jersey, as in other parts of America. 
Those who refused to sign, or having signed, disobeyed, their requisitions, 
were held enemies to their country, and as such, were not only denounced 
by Ae cpupty and township committees, but were fined and imprisoned, as 
well by the order of such committees, as by that of the provincial Conven- 
tions and committees of safety. Notwithstanding these measures, cdUnter 
assodatiops were attempted, resolving to pay no tax levied by order of the 
provincial Congress, nor to purchase any goods distrained for such taxes, or 
for non-attendance at militia musters. These, and like demon^ratibns of 
hostility, induced the committee of safety of the province, on the fifteenth of 
January, 1776, earnestly to recommend to the several county and town com- 
mittees, the ^ecution of the resolve of the continental Congress, of the 

* For vitiation of these ordereiome eddien were condemned and executed. 

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HISTORY OF NEW J£R£HSY. IM 

second of that niotiUi, recomtneiMling due modnatibii kad pnideiMia^ and le. 
questiiig all officers of militia to toid their aasifltaiioe. Under this leeohi* 
tioa eeveral pepBons, from difl^rent parts of the state^ werehrought h&fore the 
committee otsaiety, and the proviacial Congress, wbiph sat fir^lhe thirty* 
first of Januigry to the second of March, 1776. Most of the prisoners con- 
fessed their &ultSy c,raved pardon, and were either dismissed unscathed, or 
suhjeded to a small- pecuniary ra^ilct, and to give security, in various sums, 
for future good conduct* But with the progress toward ind^)en<i^ice, the 
number of the disaffected, increasing rapidly, gave much en^yment4o the 
provincial Copgiess, which assembled on the tenth of June ; and which 
-framed the state constitution; and their proceedings assumed a greater de- 
gree of severity. Bieiftoorials, from several eounties, complaining of the hoe- 
tile intentions and pcoceedings pf the disaffected, paiticulariy„in Monmouth, 
Hunterdon, Bergen, and Sussex, called forth ^ a jreiteration of previous iur 
«tructiens to the county committees, and formal summons to the inculpated, 
to appear before the Convention. On the twenty^sixth of June, that body 
havmg mtelligence^ that there wete several insurgaots in the county^Mon*- 
mouth, who took-every measure in theiv power to contravene the vegulations 
of Congress, and to oppose ihetmise of American -freedom, and timt it was 
highly necessary, that an immediate check should be given, to so darins a 
spirit of :disaflhoti<Hi, resolyed, that Colonel Charles Reii^ shcMild take to his 
aid, two companievof the mihtia of the cdunty of • Burlington, and proeeed, 
without delay, to the county of Monmouth, to apprehend such insurgents aa 
^ were desigimled to him by the president, of the* Convention* Authentic 
' information w^ at:tfae same tin^e, received, that other disaffected persons 
in Ae county of Hunterdon had oopfed^ated for the purpose of opponng ths 
measures of Congress, and had even proceeded to acta of open and duina 
violmioe; having pfamdefedthe house of a Captain Jones, beaten, wounded^ 
and otherwise abused the friends of fireedom m the county, and pubhcly d&> 
dared, that they would cake upnrms in behalf of the King of Greal Britain. 
In order, e&ctually, to ehedt a combination so hostile and dangenms^ Liea- 
tenant-colonel Abiialiam.Ten Biok and Migor Berry were dire^ed, with the 
militia of the counties of Hunterdon and Somerset, to apfNrehend these insur- 
gent* On the first of July the provincial Congress resolved, that the seve- 
ral colonels of the counties, should, without delay, proceed to disarm all per- 
sons within their district, who, bom religious principles, or other causes, re- 
fused to bear arms. Two days after the last, an additi6nal order was given 
to Cobnel Charles Bead, Lieutenant-colonel Samuel Forman, and Major 
Joseph Haight, with two hundred militia of Burlington, and two hundred 
of Monmouth county, to proceed, without dekiy, to quell an insurrection 
in Monmouth, and to disarm and take prisoners, whomsoever- they should 
find assembled, with intent to oppose th^ friends of American freedom f and 
to\take such measures as they ^HHild think necessary for this service. . On 
the fourth of July; Congress resolved, that as divers persons, in the oounty 
of Monmouth, who had embodied themselves, in . opposition to its mea- 
sures, had expressed tl)eir willingness to return to. their dpty, upon as- 
^Airanc^ of pardon, alleging, that they have been seduced and misled, by 
the false and maiidous reports of 'others; such persons as should, vrithout 
delay, return peaceably to their homes, and conform to the orders of Con- 
gress, should be treated with lenity and indulgence, and upon their good 
behaviour, be restored to the favour of their country ; providing, that such 
as appeared to have been the leaders and principals in these disorders, and 
who^ to their other guilt, had added that of seducing the weak and the un» 
wanr, should yet be treated, according to their demerits. 
Under these and like reaohidons many persona^ among whom were aeye* 



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196 HISTQaY CHP NEW JERSEY. 

nd of laigo pioperty and great raBpe<teba]t3r» were brought Mefe OoogieiB. 
Some were iaiprisoiied, some fined, aad others suffered to |^ fU iBotg/d upon 
their parole; others were compelled to enter into reoognizaBoe with seean^yv 
conditioiied for their goed behaviour; and others were ret^ated to such 
places wHhin' the province, a^ the Congress siqipooed could give them the 
least oppcHlunity of evil.* 

When the state government was orgapized,' under the constitution, the 
Legishiture en&cted a law of like tenor, with the ordinance of the convention, 
against.treason; — a^^d further declare, that any one owing allegiance to the 
state, who should by speech, writing, or open deed, maintain the. authority of 
the King and Parliam^ of Great Britain, should be subject, by the first of- 
fence, to fine, not exceeding three hundred pounds, and imprisonment, not 
exceeding (me year; and for the isecond, to the pillory, and the like im^ 
imsonmentf— that reviling, or speaking contemptuously of Ae government 
of the state, of- the Congress, or United Stales, of .Ajnerica, or of the 
measures adopted by the Congress, or by the Legislature of the state, or 
maliciously doipg any Ihing whatever, which wodld encourage. disaifectioQ, 
or manifostly tend to raise tumuJta and disorders in the state; or spreading 
such false rumours, concerning the Amerioan forces, or the forces of the 
enemy, as would tend to alienate the aflfecticHis of the people froto-the govern- 
ment, or to terrify or discoorage the good' subjects of this ste^ cmt to dispoee 
th]9m to &vour the pretensions of tius enemy, shoiild, also, he punishable in 
the same manner. By, the same act, two justices of th&^eaoe were eqapow- 
ered to convene by summons or wannnt, any person, whom they should 
suspect to be dangerous or disaffected to the government; and compel hqn 
to take the oath of abjuration, aad of allegmnce, under penalty of being 
bound with sufficient sureties to his good behavioor, or. imprisoned until the 
meeting of tl^ Quarter Sdssipns ; when, upon refiuol, he might be fined c»r 
iropriswieji, at discretion of the court* , This act drew the cords around the 
^Bscontentedmudi more closely, than they had hitherto hean. But it became 
nepessary to strain them still tiflfatar^ . 

An, act of June 5th, 1777, declaring, ^lat divers of the subjects of ^ 
state, havinff, by the arts of subtile emissaiies firom the enemy, been seduced 
firom their dle^iance, and prevailed upon l^ delusive promises, to leave their 
fiunilies and friends, and join the army of the King of Great Britain, and had 
since become sen^ble of their errorf and dfB^rous of returning to their duty; 
that many of such fugitives and others, who had been guilty of treasonable 
practices against the state, sjdcreted themselves tq escape the {)unishmcait of 
their crimes — And that, in compassion to their ulihappiy situation, the he^^ 

* We could ghre a very lon^ list of names of disafiected pereons ; but we refrain 
for V^iy obvious reaspns. Persons who are ^urioua to revive the riBmembrahee of 
these scenes, may have recourse to the jouruslv o£ the convention, and th» eolumiMi 
of the newspapers of the period, where they may find many a name which hui since 
been distinguished for good service to the state. We may, however, make the follow- 
ing extract fVom the minutes of -the Conjgress. — ^^ The petition from sundry ladies, 
frond Perth Amboy, was read the second time, and orders, that « eopy of the follow- 
ing letter, addressed to Mrs. Fvanklin, one of &e eobecribcnr, be signed by the -gmtk- 
dent and secretary — 'Madam: I am ordered, hy Conj^^ress, to ai^uaint yon, ahd 
through you, the other ladies of Amboy,. that their petition, in favour of Dr. John 

L- , has been received and considered. Could any application have promised a 

greater indulgence to Dr. L^— , you may be' assured vours could not have failed of 
•uccesf . But, unhappiljr, m^dam, we are placed in such a sitnation, that, motiveB of 
comniiseration to individuals, must gi?e place to the safety of the public. As D^. 
X^ , therefore, has fallen under the suspicion of our generals, we are under the 
necessity of abiding by the steps which we have taken ;' &c. The doctor was trans- 
forred to MorHstown, on his parole, not to 4epart thence, ifiore tiiaa idk miles, without 
leave of Congrtfla.'* 



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HBTORY OF NEW JBESEY. 197 

kture was desfamus thai na meeas riiodd.be left unemployed, to pievent the 
eSbsioQ of bloo^, and 1o give thoee an opportunity of ratuming to their alle- 
gianoe, who should testify thetr denie to be restored to the inestimable rights 
of freem^. .To tfiis^d dieaot provided, That, such ofiender, on or before the 
%Bt of August, then next ensuing, n^t appear before a judge or justice q( 
the peace, luid take the oaths to the state; ^nd should, thereupcm, be pardoQed 
his ofience, and restored to the. privileges of a, citizen ; That, if he were so for 
lost to every sense of duty to hm country^ his foinily, and' his posterity, as to 
decUae the clemency so profiered,' his personal estate should be forfeited to 
thestale^ and all alieaatiOiM thereof, and of his real estate^ subsequent te 
the act, were declared vmd ; Tfaatcoinmissioners shouki be appointed in the 
re^)ective counties, to make inventorifi^B of ^ch personal estate, to disfxDse of 
perishable parts, br where in dancer of foiling into the hands of the enemy, 
of the whole;* to keep the proceed for the owner claiming the benefit of the 
«ct, but paymg te same to the treasurer ibr the use of the state, iU case of 
ibe ncxi-ckum of theproprietor within the prescribed time. 
^ This act was Mowed by another of 16th April, 1778, direotmg the com- 
miaskmers of the. several counties, to make return to a justice of the peace, bf 
the name and late place of abode of each person whose personal estate they 
should seise, and ^ obtain firom the* justice a precept for sommonii^ a 
jury oi ireehold^s, toinquiite whether, he had,rsihoe. the date of the aot 
agioilst treaaon, (4lh October, 177<^) *and before the 5th June, 1777, jomed 
& army of the i^ng of Great Brtein, or otherwise oflfended against his al* 
legianoe to the state* The jury ^ndii^ against the accused, their inqut^ 
«tu)n was retumed by the JBStk»„to the next court of Commcm IHeas; where 
it- m^ht be traversed, either at the reCUm, or the succeeding, term, by Uie 
party, on entering into reoogntsance, to -prosecute; with efi^« But in de» 
foult, jnd^n^Qt of for^tures. was rendered, and the commissioners empower- 
ed to sell all the personal estete of the fbgitive, and to take possession of aU 
hisliodur of acoount, bonds, mortgages, ^nc^ in whose hands soever they 
might be ; and tp coUeet all cbbts due to- him. ^Similar provisions were made, 
relative io persons committing like ofl^ces, subsequent to the act of pardon, 
of the 6th cjf June, 1777. The oommissipnera were, idso, empowered to take 
into their possession and management, all the real esteUe of the offender, and 
lease.the same for a -term not eicceeding a year, and to hold possession of 
such estate, before inquisition fotmd, when it had been abandoned by th^ 
owner* Tenants in possession, were required to attorn to the oommissionei^ 
AU salesof real or personal estate, by any person, agaihst whom inquisition 
was found,^ made aflier the ofl^oioe committed, were declared vokl. 

This severity was carried stiU further by the act of December 11th, 1778, 
directing, that dl the real estate of o^nders at the; time of the ofienee, or 
thereafter, acquired, in foe or otherwise, against whom inquisiticm and judg« 
m^t had been, or should be, rendered, should be forfeited to^the state; 
and that, every person, whether an inhabitant of this state, or of any other 
of thov Unit^i States,, seized- Or possessed of real or personal estate^ who 
had, since the I9tk day rf Aprils 1775^ (the day oithe battle of Lexington) 
and before the ^ day of QdU>ber^ 1776, aided and assisted the enemies of 
the state,. or of the United States, by jdning their armies within the state, or 
elsewhere, or had voluntarily gone to, taken refoge or continued with, or en- 
deavoured to continue with, the enemry , and aid. tl^ by council or dherwise, 
and who had not mnce retumed and become a subject in allegiance to ihb 
present government, by taking the prescribed oaths or affirmations when re^ 
quired, to be guilty of high treason, and on inquisition and judgment, his 
whole estate, roal and per»mal, was forfeited to the state; bat such prpceed- 



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108 fflSTORY OF NEW JERSEY. 

ings afiectdd the estete only, not the pensonof the oflbnder* The real eitates 
80 forfeited were sold, and title' made therefor, by the OMnmissioiiers, and 
no error in thd proceedings afi&cted the pxirchaaer, nor did pardon relieve the 
Ibrfeiture. The forfeited estates were held liable f<»r the deika of the ofiender, 
and some ^forts, unsuooessful we believe, were made, to render theetr re^pcm- 
sible for ;9Uch damages as the former owners might commit in their predatory 
excursions* . - . 

The same act declared, every inhal»tant of the state whohad joined the 
enemy by taking refoge among them* or afiR>rding them aid by counsel or 
otherwi^, and who should be convicted of high treason, or bthmnse forfeit 
his estate, pursuant to the act,. or should be duly convicted of t|«asMi, felony, 
6t misdemeanour, for gpuig to, taking refoge with, or affording any aid and 
ateistance to the ^iiemy, incapable of holding any office* of trust or profit, (yt 
of exercising the elective franchise, and dq>rived all persons within the state 
who had su&red fine or imprisonment for refosing to testify their allegiance, 
by taking the oaths, of the ei^paoity to exercise any military <^ice. 

Under these acts, a large, mass of property was brought into the market 
and sold for the benefit of the state, and also of many of the commissicniers. 
In 178J, the market was- probably glutted, and property -was very greatly 
sacrificed; when the act c^ Jun& 26th, declaring, that the continuance of 
the sales might prove injurious to the interests of the state, directed their 
suspenmon until further order, and the authority of the cdmrnissionefs to 
cea&e. Another act of 1781, (^Otb December,) substituted a single ag^it^ in 
the respective counties, for the commissioners ; and the act of De(^b^ 19th, 
1783, directed such agents to proceed in the sale pf -such estaM, and to re- 
ceive in payment any obligatfon of the state. Subsequently, various provi- 
sions were made for satisfyiti^ the claims of the creditors of the ofienders. 

During the greater part ef the war, the toi^ refiigees firom New Jersey 
were embodied on Staten, Long, and York islaiids; and when the British 
were in force in the state, they collected on the eastern and. south-eastern 
border, and occasionally appeared in other districts. Their hostility was 
more malignant than that of the British soidfery, ^and bdng- commonly 
directed by revenge, wbb more brutally practised, and more keenly felu 
Intimatdy acquainted with the country, they could more suddenly ent» it, 
strike a barbarous stroke and retreat* This spirit was encountered hy one 
almost as fierce and truthless^ in which, howe^rer, there-was the redeeming 
quality of patriotism. Many a tale of, the romuitic daring of the invad^», 
and at the fearless devotion of the defenders, is yet told, along the eest^a 
shoves, and amid the cedar swamps, and pine forests of the state. • 

The enterprise of die refogee royalists was frequ^itly diifected against the 
persona of^ the distinguiiBhed patriots of the state* Among their first. success* 
fill attempts, was that on Mr- Richard Stockton. On me entrance of the 
British army into New Jersey, afier the capture of Fort Washingtcm, that 
gentleman withdrew from Congress in. order to protect his family and pro- 
perty, at his seat near Princeton. He removed his wife and younger children 
into the county of Monmouth, about thirty miles firom. the supposed route of 
the British army. On the SOth cl Noven]A)er, he was, tocher with his friend 
and compatriot John Covenhoven, at whose house he resided, dragged fix>m his 
bed by night, stripped and plundered^ and carried by the way of Amboy to • 
New YorL At Amboy he wds exposed to severe cold weather in the common 
jail, which,. together with subsequent barbarity ijj New York, laid the fbunda* 
tion of disease, that terminate his existence in 1781. His release was 
probably procured by the interference of Congresi^^ in January. 

We cannot more fully, nor more truly justify the measures of severity 



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HlS?t)RY OF NEW JERSEY. 199 

adopted agaifist ths diMtftcted, than by the .following eiztract from the speech 
of Governor Livingston, to the Assembly, on the 2^ of May, 1778. 

*< I have flirther to lay before you^ gentlemen, a resolntion of Congress of 
thjs 23d of Aprily recommending it to the Legislatures of the several states> 
to pas» Ia¥rs, or ,to the executive, authority of each state, if invested with suffi- 
cient power, to issue proclamations oaring pardon, with^such exceptions and 
under such limitations and restrictions as they shall think expedient^ to such 
of their inhabitants or subjecte as have levied war again^ lUiy c^ these states, 
or adhered to, aided or abetted the enemy,' aUd shall surrender th^nselves 
to imy dvil or military officer of a^y of these states, and shall return to the 
stale to which they may belong, :befbre the t^th day of Jime, next j and 
recommending it to the good aiKl faithful citizen»of these states, to receive 
such returning penitents with compassion a^d mercy, and forgive and bury 
in oblivion th^r past failings and transgressions. 

^* Though I thu^ it my duty to submit this resoluti9h to your serious con- 
sideration, beeause.it is recommended by Congress, I do not think it. my 
duty to recomvtieidd it to your appreciation, because it appear^ to me both 
unequal and impolitk% It may» consistently, with the profounckA veneration 
for that august Assembly, be presun^ed, that th^ are less acquainted with 
the particular circumstances and internal police of some of the states, than 
those who have had more favourable opportunities for that purpose. Ther^ 
se«ms, it k true, something so' noble and magaaliimoud in proclaiming an 
mimerited amnesty to a numb^ of disappointed criminals, sid^mitting them- 
selves tp the mercy of their' country; and there is in ideality somediing'so 
divine and christian in the forgiveness of injuries, that it may appear rather 
invidious to oQer any thing in obstruction of the intended clemency. But as. 
to tl^ benevolent reHgiob ta which we are under the highest obligations to 
conform our conduct, though it forbids at all time^ and in all oases the indul- 
gence of personal hatred and malevolence, it prohibits not any treatment of 
national enemies or municipal offenders, neq^ssary to self preservaticm, and 
the general ijreal of society. And as to humanity, I could never persuade 
mysdf that it consisted in such lenity towards pur adversariesf either British 
or dom^c, as was evidently productive t^f t^fold barbarity on their part, 
when^ such barbarity would probably have been prevented by our retaliating 
upon them the first p^rftettation; and consequently our .apparent inhumanity 
in particular instances, has certainly been* humane in the final result. ' Alas, 
bow many lives had been saved, said what a scene of inexpressiblie misery 
prevented, had we from the beginning treated our bosom traiiord with proper 
severity, and infiicted the law of retaUation upon an enemy, too savage to 
be humanized by any other aj^^umeht. As ,both political pardon and punish- 
ment ought to be regulated by political considerations, and must derive their 
expedience or impropriety firom;their salutary or pernicious influence upon 
the community, I cannot conceive what advantages are proposed by inviting 
to the emlMraces of their cbuntry, a set of' beings frpm whidi any country, 1 
should imagine, would esteem it a capital part of its felicity to remain for* 
ever at the remotest disfance. It is not probable that those who deserted us 
to aid the most matchless connpi^seurs in the refinements of t^ruelty, (who 
have exhausted human ingenuity in their engines of torture,) in introducing 
arbitrary power, and all tiie horrors of slavery; and will only return from 
disappointment, not fVom remor^, will ever make good subjects tp a state 
founded in hberty, and inflexibly determined against every inroad of lawless 
dominion. The thirty-one criminals lately convicted of the most flagrant 
treason, and who, by the gracious interposition of government, were upcm 
very hopeful s^;ns of pemtenUy generously pardon^, and then with hypo- 
critical cheerfulness enUsted in our.service, have all to a man deserted to the 



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900 HISTORY OF NEW JERSEY. 

enemy, and are again in arms against their native country, vMi the aocu* 
nmlated guilt of its being now not only the country diat fint gave them life» 
but which hath, after they had. most notoriously forfeited it, m^xufiilly res- 
cued them from death. Whence it is probable, that a real toi^ is by any 
human means absolutely inconvertible, having so entij^y extinguished ail 
the primitive virtue and patriotism natural to man, as not to ieave a single 
spark to rekindle the original flame. It is indeed, against all probahihty, £ai 
men arrived at the highest possible pitch of degeneracy, the pre^rrin^' of 
tyranny to a free government, shoctld, except by ft miracle of omnipotence, 
be ever capaUe^of one single virtuous impression. They have, by a kind of 
gigantic efibrt of villany, astonished the whole world, even that of transoend- 
ug in the enonmties of desolation and bloodshed, a race of murderers before 
UnequaUed, and without competitor. Were it not for these miscreants, we 
should have thought, that for cool deliberate cruelty and unavailing undeci-* 
sive havoc, die sons orBiitain were without parallel. But considering the 
educati<$n of the latter, which has familiarised them to the shedding of inno- 
cent blood from the mere thirst of lucre, they have been excelled in their own 
peculiar and distinguished esoelleoce by this monstrous birth and ofiksouring 
of America, who, m defiance of nature and of nurture, have not onij by a 
reversed ambition chosen bondage before freedom, but waged an infornal war 
against their dearest connexions for not making^ the like abhorred and ab^ 
minable election. ' By them, have numbers of odr most us^l and meritorious 
citizens been ambushed^ hunted down, pillaged, unhoused, stolen, or butcher- 
ed; by them has the present contest on the part of Bi^kain been encouraged, 
aided and protractedi Th^y are therefore resp<>nsible for all the additional 
blood that has been spilt by -the addition of their weight in the scale of the 
enemy. Multitudes of them have superadded perjury to- treason. At the 
comm^icement of our opposition, they appeared more sanguine than others, 
and Kke the crackUng cf thomsunder a po^, exceed^ in bkze andnoiset the 
calm and durable flame of the steady and persevering. They have associ- 
ated, subscribed, and ^orti to assist in repelling the hostile attempts of our 
bowelless oppressors; they have, with tiwiul soleraiiity, plighted their faith 
and honour, to stand with their lives and fortunes hy the Congress, and their 
g^eral, in support of that very liberty, which, upon the firat Of^rtunity, 
they perfidiously armed, to oppose, and have since sacrilegiously sworn^ utter* 
ly to exterminate. * This worthy^ citizen ha^ lost a venerable father; that 
one a beloved brodier ; and a thirds a darling scm, either immediately by thetr 
hands or by their belying him to the enemy^ who,, from a momentary unin- 
tentional rdapse into humanity, were sometimes inclined to ^spare, when these 
pitiless wretches insisted upon slau^ter, or threatened to complain of a re- 
lenting oflioer, merely because he was not diabolically cruel." 

X. From the actual assumption of political independence, to that of a fbrmai 
deelaration, the mterval could not be long. On the very day that Congress 
adof^ the resolution recomm^dfhng to the colonies a chaiige in their form of 
government; the convention in Virginia resolved uonnimously, that their 
dsl^^ates in Congress elhovld prqpose to that bo^, to declare the United Colo- 
nies free and independent stat^ abeohred from all allegiance to, or dependence 
on the King and Parliament of Great Britain. The public mind was now 
folly prepared for this measure. The Assemblies e>if Maryland, P^ans3rlvania, 
and New York, whidi had displayed the greatest reluctance and forborne the 
longest, at length assented to it. The proposition was made in Congress, on 
the 7th of June, ITT6, by Richard Henry Lee of Virginia, and seo^ided by 
Mr. John Adams of Massachusetts, ^^thai ike Ufdted Colonies are^and of 
right o^ht to 6e, freehand independent Maie*^ and that aU polUieai coft- . 
neanon between dkm and the ttate of Great Artteiii, u, and ought to bcy 

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HISTORY OF NEW JERSEY. 201 

MaUy dissohed*^^ This resolution was referred to a committee of the whole 
Congress, where it was daily debated* In favour of the resolution, Messrs. 
Lee and Adai][is were the most distinguished speakers. The latter has been 
characterized as "the ablest advocate" of independence. Its most formida- 
ble opponent was Mr. John Dickenson, whose " Farmer's Letters," had sig- 
nally served to awaken th^ resistance of the people to British oppression. 
Mr. Dickenson's views* were those of a sincere, but timid patriot. He lived 
to discover that his fears were groundless, and to give his aid in maturing and 
perfecting the institutions of independent America. In resisting the declara- 
tion of independence, he was actuated by no ignoble personal fears ; his appr^ 
hension was for his country.. " For at this period, no man could be. more ob- 
noxious to British statesmen, than the atithor of the Farmer's Letters, who 
now, bore a colonel's commission,' and was, in the month of July,, 1776, upon 
the lines of New Jersey,. and New York. The considerations which weighed 
upon his mind aflfected the minds of others; among whom were Wilson of Penn- 
sylvania, R. R. Livingston, of New York, E. Rutledge, and R. Laurens, of 
South Carolina^ and William Livingston, of New Jersey; who, if they did 
not doubt of the absolute inexpediency of the measure, believed it premature. 

On the first day of July, the resolution declaratory of independence, was 
approved in committee of the whole, by all the colonies, except Pennsylvania 
and Delaware. Seven of the delegates from the former were present, four 
of whom voted against it. Mr. Rodney, one of the delegates from the latter, 
was absent, and the other two, Thomas M'Kean and Gorge Read, were di- 
vided in opinion ; M*Ke&n voting for, and Read against, the resolution. On 
the report of the committee to the House, the further consideration of the 
subject was postponed until the next day, when the resolution was finatlly 
adopted, and entered on the journals.* tending this memorable discussion, a 
committee, consisting of Messrs. Jeflferson, John Adams, Franklin, Sherman, 
and R. R. Livingston, was appointed to prepare the delaroHon of inde* 
pendence. Messrs. Jeflferson and Adams were named a sub-committee, 
charged especially with that duty ; and the original draught of that eloquent 
manifepto was made by tlie former^ It was adopted by the chief committee 
without amendment, and repdrted to Congress on the twenty-eighth of June. 
On the fourth of July, having received some slight alterations, it was sanc- 
tioned by the vote of every colony.f 

The delegation in Congress, from New Jersey, during part of the time, 
employed in the consideration of the question of independence, liad been 
elected by the Convention, on the fourteenth of February, 177^. It con- 
sisted of Messrs. Livingston, De Hart, Richard Smith, John Cooper, and 
Jonathan Dickenson Sergeant. Afler the proposition of the fifleenth of May 
"for organizing provincial governments, it would seem that nearly all these 
gentlemen were reluctant to assume the responsibility of measures which led, 
eventually, to independence. Richard Smith, alleging indisposition » re- 
signed his seat on the twelflh, John De Hart on the thirteenth, and Mr. Ser- 
geant pn the twenty-first of June. Mr. Cooper appears to have taken no 
part in the proceedings of this Congress. His name, with that of Mr. Ser- 
geant, is regularly on the minutes of the State convention, from the 10th of 
June, to tli^ 4th of July. Mr. Livingston was withdrawn, on the 5th of 
June, to assume the duty of brigadier-general of the New Jersey militia. 
Messrs. Richard Stockton, Abraham Clarke, John Hart, Francis Hopkinson, 
and Dr. John Witherspoon, were substituted for the previous del^ation, on 
the 21 St of June; and were, probably, all present at the time of the final votes 
upon the resolution, and the declaration of independence. It is certain, that 

* Journals of Congrew. t Ibid. 

2C 



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202 HISTORY OF NEW JERSEY. 

on the 28th of June, Mr* Hopkinison appeared in the continental Congress, 
and presented instructions empowering him and his colleagues to jom in 
declaring the united colonies independent of Grreat Britain, entering into 
a confederation for union cuid common defence, making treaties with foreign 
nations, for commerce and assistance, and to take such other nteasures as 
might appear necessary for these great ends."* 

On the 17th of July, the provincial Congress resolved, that, " Whereas, 
the honourable, the continental Congress have declared the United Colonies 
free and independent States, We, the deputies of New Jersey, in provincial 
Congress assembled, do resolve and declare. That we will support the freedom 
and hidependence of the said States, with our lives and fortunes, and with 
the whole force of New Jersey." And on the succeeding day they changed 
the style and title of the " provincial Congress of New Jersey," to that of the 
" Convention of the State of New Jersey." 

* Joamab of CongreM, vol. ii. p. 230. 

We «re c&reflLl in noting thdse circamstanoet, u Mr. Bamael AdAinSi in a letter, 
dated 15th Jalj, 1776, to Kichard Henry Lee, observe*, ** We were more fortunate 
than we expected, in having twelve of the thirteen coloniei in favour of the all-impor- 
tant question. The delegates of New Jersey were not empowered to give their voice 
on eimer side. Their convention has since acceded to the declaration, and published 
it, even before they received it from Congress."— NAfem. of Ridkard Henty L«c, vol. i. 
p. 183. This error has been further promulged by the following note, m Mr. Sedg- 
wick's L{fe of lAvingston, page 194. — " This delegation, consistmg of Witherspoon, 
Stockton, and others, arrived after the declaration oad been signed, but were allowed 
to fix their names to it.*' We do not find on the Journal of Congress, the name of any 
other of the delegates, than Mr. Hopkinson. between the 91st of June, and 4th of 
July. But the following statement given in the life of R. H. Lee, vol. i. 176, upon, we 
know not what authority^ shows, if correct, that another of the Jersey delegates was 
present, at the adoption of the declaration. ** In the clause of the originafdraught, 
that upbraids George III., with the hiring and sending foreign mercenary tro<H>s to in- 
vade America, among those mentioned, the Scotch are specified. It was said that Dr. 
Witherspoon, the learned president of Nassau Hall College, who was a Scotchman bj 
birth, moved to strike out the word, < Scotch,* which was accordingly done." 

The following extract from the life of Mr. Stockton, in the Biography of the Signers 
of the Declaration of Independence, proves, that he, tdao, was present^'' Mr. Stock- 
ton immediately took his seat in the continental Congress, and was present at the 
debates which preceded the promulgation of that memorable charter of national inde- 
pendence, to wnich his name is affixed. It has been remarked by Dr. Benjamin Rush, 
who was a member of the same Con^r^as, that Mr. Stockton was silent durixi^ the 
first stages of this momentous discussion, listening with thoughtful and respectral at- 
tention to the arguments that were ofiered by the supporters and opponents of the 
important measure then under consideration. Although, it is believed, that, in the 
commencement of the debate, he entertained som^ doubts as to the policy of an imme- 
diate declaration of independence, yet in the pro^ss of the discussion, hb objections 
were entirely removed, particularly bv the irresistible and conclusive arguments of 
the honourable John Adams, and he fully concurred in the final vote, in favour of that 
bold and decisive measure. This concurrence he expressed in a short and energetic 
address, which he delivered in Congrress, towards the close of the debate." It may be 
true, but is not probable, that Mr. Stockton doubted, in Congress, upon this measure. 
It is certain, that he was instructed by the convention, wiiich appointed him, to 
support it, and in so doinff, performed a delegated trust, which he was too honest to 
betray. This State had decided the question before she sent him to announce her 
consent. 



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HISTORY OF NEW JERSEY. 20» 



CHAPTER XIII. 

I. Bfilitary Proceeding in Canada. — II. Measures adopted in Great Britain. — III. Ob- 
jects proposed for the Oampai^ of 177t>.~IV. Operations a^rainst New York, 
and the surroundine Countr/. — V. Proposals for acoopunodation, by the British 
Commissioners. — VI. Condition of the American Forces, at New York— 'Landing 
of Lord Howe, on Long Island.— VIl. Battle of Brooklyn.— VIII. Retreat of 
the American Army from Lonff Island. — IX. Unhappy Effect of the Defeat of 
the American Army.*— X. Lord Howe renews his Attempts for accommodation 
of the Quarrel — Proceedings of Congress. — XL Military Movement of the Ar- 
mies, after the Battle of Brooklyn. — aII. American Army, by advice of Greneral 
Lee, ^uit York IsUnd.— XIII. Battle of White Plains.— XlV. Capture of Fort 
Washington. — XV. Abandonment of Fort Lee, and retreat of the American 
Army^lts condttion^InhabHants join the British. — XVI. Washington crosses 
the Delaware— The eneiny possess themselves of the left bank.— XVII. Cap- 
ture of General Lee.— XVIII. New efforts of the Commander-in-Chief— The 
enemy retire into Winter Quarters.-^XIX. Battle of Trenton.— XX. The Bri- 
tish re-open the Campaign. — XXI. The American Army re-enters Jersey. — 
XXU. Battle of Princeton. — XXIU. The American Army retreat to Morris- 
town— Beqeficial results of the late actions. — XXIV. Finhness of Congress. — 
XXV. Condition of. New Jersey.— XXVI. The American Army innoculated 
for the Small Pot.— XXVII. Measures for reclaiming the disa^ted of New 
Jersey. — ^XXViy. License of American Troops — restrained. 

I. The early successes of General Montgomery, iiad induced Congress to 
reinforce the army under his conunand; and on the intelligence transtnitted 
previous to the assault on Quebec, they resolved, that ninebattalions should 
be maintained in Canada.* Nor did the repulse extinguish this ardour* 
'The council of wto, of the army before Boston, resolved, that as no troops 
could be spared from Cambridge, the colonies of Massachusetts, Connecticut^ 
and New Hampshire, should forward their regiments to Canada; and Con- 
gress, in addition to the reinforcements previously ordered, directed four bat- 
talions from New York. The indispensable articles, blankets, were pro* 
cured by contributions of hbuseholders, from their family stocks^ and specie^ 
by the enthusiasm of patriots^ "who readily exchanged, at par, their Mexican 
dollars, for the paper bills of Congress* Jt was resolved, also, to raise a corps 
of artillery for this service, and to take into pay one thousand Canadians, in 
addition to Colonel Livingston's regiment, and to place them under the com- 
mand of Moses Hazen, a native of Massachusetts, who had resided many 
3rears in Canada. A stimulating address to the inhabitants, was published 
by Congress; and a printing press, and a priest, were despatched, that the 
cause might have the powerful aid of letters and religion. Dr. Franklin, 
and Mr. Chase, members of Congress, and Mr. Carrot, who was of the 
Roman Catholic persuasion, proceed to Canada, with the design of gaim'ng 
over the people; having authority to promise them admission to the union of 
the colonies, upon equal terms, with the full enjoyment of their liberty, and 
ecclesiastical property. Such was the diligence exerted, that, in despite of 
the season, the first reinforcements reat^hed the American army, before 
Quebec, on the eleventh of April, one thousand seven hundred and seven- 
ty-six. 

Notwithstanding these exertions of the United States, their interest in 
Canada had duly declined, from the fall of Montgomery. The unsucoessfiil 

* Jomtfy 8th, 1776. 

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904 HISTORY OF NEW JERSEY. 

assault on Quebec, had dispirited the friendly Canadians, and jnifians. The 
small pox, which had been communicated to the army by a woman who bad 
been sent, voluntarily or compulsorily, from the city, so disabled the troops, 
that, of three thousand men, nine hundred only were fit for duty. The af- 
fections of the people were aliened by the misconduct of the continental 
soldiery, which, in many instances, officered by men from obscure life, 
without education, or morals, abandoned themselves to plunder, and other 
crimes> not more disgracefiol to themselves than injurious to the cause they 
were sent to support. And, finally, the early opening of the St. Lawrence, 
and the arrival of the British succours, compelled the Americans to com- 
mence their retreat, very early in the month of May,* with so much precipi- 
tation, as to leave their artillery, military stores, and some of their sick,, 
behind. To the last, as well as to such stragglers i^ were apprehended, or 
came in, the humanity of Greneral Carlton was exemplary t and more adapted 
to injure the American cause, than the cruelty of other British commanders* 
He dismissed his prisoners, afier liberally supplying their wants, with the 
recommendation, ^' to go home, mind theit ^ms, and keep themselves and * 
their neighbours from all participation in the unhappy war.'* 

A disastrous retreat was pursued, during which. General Thomas, the 
chief in command, fell a victim to the small po^. On his death, the direc- 
tion of the army devolved, first on General Arnold, and afterwards on Gene- 
ral Sullivan. Brigadier-general Thompson made an xinsuccessfiil att^npt 
on the British post at Trois Rivieres, in which he was made prisoner, 
though little other loss was sustained. On the first of July, the whole army 
reached Crown Point, where the first stand was made. The -retreat was 
rendered more painfiil, by the reproaches of those Canadians, iidK> had united 
with the invaders, and who were about to be abandoned to the penalties of 
unsuccessful insurrection, and by the plunder of the merchants of Montreal, 
by the avaricious and profligate Arnold. 

U. Notwithstanding the universal resistance, in America, to the measures 
of the ministry, the Parliament and people of Great Britain, could not be 
made to believe, that it would be maintained against a determined spirit oo 
the part of the government, and a few thousand troops to aid the established 
authorities* This erroneous opinion was confirmed by the royal officers, 
who were,* probably, themselves deceived by their wishes. The military 
operations, therefore, of the year 1775, were adopted, more to strengthen 
the civil authority, than to support a contest for empire* But the batUes of 
Lexington, Breed's Hill, and the measures subsequently adopted by Con- 
gress, awakened the nation firom this delusive dream, and produced an ear- 
nest resolution, at all hazards, to establish its supremacy over the colonies. 

The speech from the throne, on the opening of the Parliament, twenty- 
fourth October, 1775, declared, that . his Majesty's subjects, in America, 
^^ meant, only, to amuse, by vague expressions of attachment to the parent 
state, while they were preparing for a general revolt ;" ** that the rebel- 
lious war, now levied by them, was become more general, and, manifestly, 
oarried on for the purpose of establishing an independent emfure; and that it 
was become the part of wisdom, and in its effects, of olemency, to put a 
speedy end to these disorders, by the most decisive exertions.'' The senti- 
ments of the speech were edioed in the addresses of both Houses of Parlia- 
ment, but not without a spirited protest in the Lordsb Nmeteen dissenting 
members declared the approaching war to he " unjust and impolitic in its 
principles, and fatal in its consequences,'' and that they could not approve an 
address <^ which might deceive his Majesty and the public, into a belief of 



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HISTORY OF NEW JERSEY, 205 

th^r oonfidence in th^ present ministeFs, who had disgraped Parliament, de« 
ceived the nation, iost the colonies, and involved them in a civil war, against 
their dearest intero^, and on the most unjustifiable grounds, wantonly spilling 
the blood of thousands of their fellow subjects.'' 

With the sanction of Parliament, estimates for the pubKc service were 
made on the basis of operations against a foreign armed power. Twenty* 
eight thousand seamen and hily^iive thousand land forces werie immediately 
voted; authority was soon afterwards given to employ foreign mercenaries; 
and to give full efficacy to these measures, an aCt of parliament*' interdicte<^ 
all trade with the Americans; authorized the capture of their prc^rty, 
whether of ships 6r gciods, upon the high seas; and directed,^' that the mas- 
ters, crews, and other persons found on boiard captured American vessels, 
should be entered on board his Majepty V vessels of war, and th^re considered 
to be in his Majesty's service, to all intents and purposes, as if they had en- 
tered oTth^ own accord. And this, worse than Mahommedan slavery^ 
was insolently represented, as a mercifUl substitution of an act of grace and 
favour, for tfa^ death which was due'to rebellion. This hill, also, authorized 
the crown to appoint commissioi^rs, with power to grant pardon to indivi- 
duals, to inquiiB into gei^rsd and particular grievances, and to determine 
whether any colony or part of a colony was returned to that state of obe- 
dieooe, which might entitle it to be^received within the King's peace and 
IHTOtection; in which case the restrictions of the law were to cease. In the 
debate on the bill. Lord Mansfield, whc^ ability and legal knowledge were 
known and admired in America, dedared, '* that the questions of original 
right and wr(mg were no longer to be considered — that, they were engaged 
in a war, and, must use thdr utmost effi>rt8 to obtain the ends proposed by 
it^ — that they must either fight or be pmngiued — and that the, justice of the 
cause must give way to their present situation," This declaration, justified 
by circumstances, from- the mouth of a ministerial partisan, excited the asto- 
nbhment, and aided to cement the \mioh, of the colonists; and the act was^ 
justly, characterized by a member of the opposition, as *' a bill for carrying 
more effectually, kato execiition, the resolve of Coi^gress." By treaties, ap- 
proved by Parliament, with the Landgrave of Hesse Cassel, the Di^e of 
Brunswick and the hereditcury prince of Hesse Cassel,*!* sixteeen thousand ot 
their subjects were engaged to reduce the grebellious colonies to submission. 

In the selection of a general for the royal forces, the command, as a matter 
of right, was ofiered to Q^)en4 Oglethorpe, the ^rst on the list of general 
officers. To the surprise of the minister, the gallant veteran readily accepted 
the proflfer, on condition, .that he should -be properly supported* A nume- 
rous and w^ appointed army and fleet were promised him. " I will assume 
the charge," replied he, "without a man or vessel of war, provided, I am 
authorized, to proclaim to the colonists, that you will do thoin justice." " I 
know the people of America well," he added, " and am satisfied that his 
Bliyesty has not, in any part of his <lominions, more obedient and loyal sub- 
jects. You may secure their d)edience by doing them justice, but you will 
never subdue them by force of arms." A commander-in-chief, with such 
opinions, was unacceptable to the ministry, and the command was givea to 
^ William Howe. 

III. It was resolved, io open ^e campaign with a force that would look 
down opposition, and produce submission without bk>edshed; and to direct it 
to three objects: 1. The relief of Quebec; the recovery of Canada; and 
the invtasion of the adjacent provinces: 2. The chastisement of the southern 
criortiea; and — 3. To seize New York with a foroe sufficient to keep pos- 

• aOth Nov. 1775. t F^b. 99th, 1766. 

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acm fflSTORY OF NEW JERSEY. 

session of the Hudson river, to maintain the omununicadon with Canada, or 
to overrun the adjacent country. The partial success of the first we lutve 
already noticed. The execution of the second, was committed to General 
Clinton and Sir Peter Parker, and eventuated in their repulse, from Charles- 
ton, by the vigorous efforts of the colonists, at Fort Moultrie ; atid the exerr 
tions of Greneral Lee, who had charge of the southern department. The 
third, which involves the operations in New Jersey, asks ■ from us particular 
detail. 

IV. The command of the force, consisting of about three thousand men, 
destined against New 'York, was given to Admiral Lord Howe, and his 
brother, Sir William, officers, high in the confidence of the British nation; 
who were, edso, appointed comimssioners -for restoring peace to the colonies* 
On ^acuating Boston, General Howe, as we have seen, retired to Halifax, 
designings there, to await reinfc^ceftients from England. But his situation 
proving uncomfortable, and the arrival of succours being delayed, he at 
length (June 10th, 1776) resolved to sail for New York. On tjie fourth of 
July his whole force was established on Staten Island, where he resolved to 
await the arrival of the troops from Europe. The inhabitants received hini 
with great demonstrations of joy, took the oath of allegiance to thd crown, 
and embodied themselves under the command of the late Governor Tryon. 
He received, also, strong assurances from Long Island, cmd the neighbouring 
parts of New Jersey, of the favourable disposition of the greater proportion 
of the people to the royal cause. Admiral . Lord Howe, afler touching at 
Halifax, arrived, with the fleet and auxiliary forces, on the twelfth, of the 
same m<mth. 

It had early been conceived by General Washington, that the Brkish 
would endeavour to possess New York. Its central position, contiguity to 
the ocean, and capaciity of defence, made it highly desirable to both parties. 
While the English were yet in Boston, General Lee had been detached from 
Cambridge, to put 4he dty and Long Island in a posture of defehoe. As 
the departure of General Howe from Boston became certain, the probability 
of his going ito New York, increased the necessity of collecting a foroe fin* 
its defence. By a resolution of a council of war, (March 13th, 1766) five 
regiments, with a rifle battalion, were marched upon it, and the states of New 
York and New Jersey, were requested to furnish — ^the former two thousand, 
and the latter one thousand men, for its immediate defence. General Wash- 
ington soon afterwards followed, eoad early in April, fixed his head quarters 
in that city. 

The experience which the American commander already had of the mate- 
rial that must necessarily compose his army, determined him to pursue the 
Fabian mode of war, a war of posts; to hazard nothing, but to hover round 
the enemy, watching his motions, cutting off his supplies, and perpetually 
harassing him with small detachments, until his own army had became accus- 
tomed to military fatigue and danger^ With this view, works were erected, 
in and aboUt New York, on Long Island, and the heights of Haerlem. Con* 
gress on the opening of the campaign, had a force far inadequate to its objects* 
And though fbeling the inconvenience of the temporary armies formed of the 
militia, on short tours of service, they, or the country, prpbably both, were 
not prepared to enlist men for periods that would render them efficient sol- 
diers, and therefore they adopted middle expedients. They instituted a flying 
camp, composed of one thousand men from the states of Pennsylvania, Dela- 
ware, and Maryland, engaged until the first day of the ensuing December, 
and at the same time, called out 13,800 of the ordinary miHtra. The ranks 
of the first were chiefly filled, but great deficiencies occurred in those of the 
second. The difficulty of providi^ the troops with arms which had hitherto 



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HISTORY OF NEW JERSfiY. 307 

been distressingly greats was now much increased. By the returns of Aprils 
the garrison at Fort Montgomery in the Highlands, composed of two hundred 
and eight privates, hiad only forty-one guns fit for use ; and that at Fort Con- 
stitution of one hundred and thirty-six men, had only sixty-eight guns. 
Flints, were scarce, and the lead for musket balls was obtained, by strip- 
ping the dwellings. • . 

y. Notwithstanding independence had been declared, the British com- 
manders and commissioners resolved before commencing military operations, 
to try the influence of their powers for pacification. On the 14th of July, 
Lord Howe sent on shore, by a flag, a circuto. letter, addressed severally, 
to the late. governors under the crown, enclosing a declaration, which he re- 
requested tl^m to publish, announcing to .the people his authority to grant 
pardon to all, who having departed from their allegiance, would, by speedy 
return to duty, merit the royal favour 5 to declare any colony, town, port, or 
place, in the peace, and under the protection of the, crown, and excepted from 
the penal provisions of the act of Parliament, prohibiting trade and intercourse 
with the colonies ; and to give assurances, that the services of all persons 
aiding m the restoration of public tr^quillity, should be duly considered. 
These papers were transmitted to C<»igress, who caused them to *' be pub- 
lished in the several gazettes, .that the good people of the United States might 
be informed of what nature were the powers of the commissioners, and what 
the terms," oflered by them. Abput the same time, his lordship addressed a 
letter to " George Washington, Esq.," which the general refused to receive, be- 
cause his public character was not, diereby, recognised, and in no other, could 
he have intercourse with the writer. This Reason, unquestionably sound, was 
approved by the Congress. The commissioners, earnest in their purpose; 
Sent Colonel Patterson, adjutant-general of their army, to the American com- 
mander, with another letter, directed to "George Washington, &c &c. &c" 
When introduced to the geneml, he addressed him by the title of " Excellen- 
cy ;" and presented the regrets of General Howe, for the difficulty which had 
arisen with i;espect to the direction of the letter; observing, that the mode 
adopted wa3 deemed consistent with propriety, and was founded on prece- 
dent in cases of diplomates, wh^n disputes had been made about rank ; that 
General Washington had, in the preceding summer, addressed a letter to " the 
honourable William Howe;^' that the commissioners did not mean to dero- 
gate from his rank, or the tespect due to him, and that they held his person 
and character in the highest esteem; but that, the direction, with the addition 
of &c. &c. &c. implied every thing which ought to follow. The colonel, 
then, produced a letter, which he said was the same that had been before 
sent, and which he laid upon the table. But the general declined to receive 
it. He still urged, that, the address of a letter to one in a public character, 
should indicate such charcict^r, and remarked, that though the et ceteras im- 
plied every thing, they also implied any thing: That, his letter to General 
Howe was an answer to one he had received from him under a like address, 
and that he would decline any ietter relating to his official station, directed 
to him as a private person. During the subsequent conference, which the 
adjutant-general wished to be considered a^ a first advance towards concilia- 
tion, he remarked, that " the commissioners were clothed with great powers, 
and would be very happy in eflfecting an accommodation." But he received 
for answer, that " from appearances, they had power only to pardon those, 
who having never transgressed, sought no forgiveness." Soon after this 
interview, a letter from General Howe respecting prisoners, properly address- 
ed to General Washington, was duly received. 

These seductive eflTorts of the British agents were repaid by Congrescr in 
kind. A resolution of the 14th of August, c^ered to all mreigners who should 

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208 HISTORY OF NEW JERSEY. 

leave the armies of hie Britannic Majesty in America, and become membere 
of any of the states, protection in the free exercise of their religion, the en*- 
joy ment of the privileges of natives, together with fifty acres of land. 

VI. The amount of the American force rendered the British comman- 
ders cautious in commencing their operations by land. - Their fleet, how- 
ever, gave them great advantages, and ^oon demonstrated the total ineffi- 
ciency of the American obstructions to the passage of the North river. 
Frigates and pmaller vessels passed the batteries of New York, Paules Hook, 
Red Bank, and Grovernor's Island, almost with impunity. The American 
army in the vicinity of New York, on the 8th of August, consisted of not 
more than seventeen thousand men, mostly new recruits, distributed in^mall 
and unconnected posts, some of which were fifteen ilniles distant from others. 
It was soon after increased by Smallwood's regiment from Maryland, two 
regiments from Pennsylvania, and a body of New Ehgland and New York 
militia, to twenty •seven thousand; of whom, however, one-fourth were un- 
fitted for duty by sickness. A part of this force was stationed on Long 
Island, where Major-general Greene had originally commanded, but becom- 
ing extremely ill, had been succeeded by Major-general Sullivan. 

As the defence of Long Island was intimately connected with that of New 
York, a brigade had been stationed there, whilst the army was assembling ; 
and had taken a strong post a^ Brooklyn, where an extensive camp had been 
marked out and fortified. The village is on a small peninsula, formed by 
the East river, the Bay, and Oowan's Cove, into which a creek empties itselfe 
This encampment fronted the njaih land of the island, and the works stretch- 
ed quite across the peninsula, from Waaleboght Bay in the East river, on 
the lefl, to a deep marsh on the creek emptying into Gowan's Cove on the 
right. The rear wa^ covered by the batteries on Red Hook, Governor's 
Island, tfnd on the East river. In ^ont of the camp was a range of hills, 
crowned with thick woods, which extended 'from east to west, near the 
length of the island; and though steep, they were, every where passable by 
infantry. 

The whole of the English force having at length arrived^ General Howe 
indicated his intention to remove to Long Island — a battle for its possession 
became inevitable. To this selection he was induced by its abundant pro- 
duct of the supplies which his forces required. He landed on the 22d of 
August, between the small towns, Utrecht and Gravesend, without opposi- 
tion ; Colonel Hand, with a Pennsylvania regiment, retiring before him to 
the woody heights commanding the pass leading through Flatbush to the 
works at Brooklyn. Lord Comwallis immediately marched to seize this 
pass, but finding it occupied, took post in the village. 

Vn. On the 25th of August, Major-general Putnam took command at 
Brooklyn, with a reinforcement of six regiments. On the same day, Gene- 
ral de Heister landed with tWo brigades of Hessians ; and on the next, took 
post at Flatbush.' In the evening, Lord Comwallis drew off to Flatland. 
General Washington passed the day at Brooklyn, making arrangements for 
the approaching action, and returned at night to New York. 

The Hessians, under de "Heister, composed the centre of the British army 
at Flatbush; Major-general Grant commanded the left wing extending to 
the coast; and the greater part of the forces, under General Clinton, Eari 
Percy, and Lord Comwallis, turning to the right, approached the opposite 
shore at Flatland. 

The armies were now separated by the'range of hills already mentioned. 
The British centre was scarce four miles from the American lines, at Brook- 
lyn. A direct road, from the one to the other, led across the heights. 
Another, but more circuitous road ran from Flatbush, by the way of Bedford, 



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HISTOBY OF NEW JERSEY. 309 

ft Bm&H viikige on t|i» Broddyo mde of the hills. Tha right and Mt Wmgs 
^ thft British weie neariy^equidistant, five or six mil^ from the Am^ican 
works* The road from the Narrows; along the coast, and by Gowan's Cove, 
was the most direct route tor their left; and their right might eMet retnm by 
Ihe way of Fkitbusfa, and oHite with die centre, or take a more circuitous 
course, ^md enter a road leading ^m Jamaica to Bedford. These roads 
tmbed between Bedford and ]^x>klyn, a small disttoce in front of the 
Ameifican Unesii 

In therhHIs, on the direct road from Fiatbush to Brooklyn, near the for* 
mer, the Americans had reared a fortress, which had k body of troops with 
fltevearal p^oes of artillery, for its cbfenqe. The coast and Bedibrd roads 
were guarded by detachments', posted on the hills, within view of the English 
eamp, wMdi.were relieved daily, and were engaged in obstructing the ways 
by which the enemy might advance. General Woodhull, with the militia 
dr Long Island, w^ Ordered to take post on the high grounds, as near the 
€tmny as posjsiblei'biit he remained at- Jamaica, scarcely recogniising the 
authority ik the offioer commanding on the island. Light parties of volun- 
teers patrolled the road from Jamaica to Bedford; about two miles from 
whkAiy dear Ffatbush, Cobnel Miles, of P^msyJvania, was stationed with a 
regiment of riflemen. 

On the 26th, Colonel Lutz,.of the Pennsylvanm militia:, commanded on the 
coast road ; and Cobi^ Wiliianw, fronr NeW England^ on the road leading 
ftdm Flatbush to Bedford.* Colonel Miles, with his regiment, remained 
wh^e he had been, origmaJiy, placed. About nine ctt night, General Clin- 
ton, silently drew the van of the army from Flatland, in order to seize a pass 
in the hei^its, about three miles east of Bedford, on the Jamaica road. In 
the morning of the 87th, about two hours befbre day, within a half mile of 
the paaai he captofed an American party, which had been stationed on the 
road, to give notice of the approach of the enemy. He possessed himself of 
the unoccupied pass, and with the morning light, the whole column passed 
the heights, and advanced into tHe level counti^ between them and Brookljrn. 
They were immediately followed by another cohrnin, imder Lord Percy. 
Befate Clinton had seci^red Uiepassi, General Gmnt proceeded along the 
coast, with the teA wing, and ten piddes of cabnon. As his first object waa 
to draw Che aMmition of the Americans from their lefl, he moved slowly, 
akirnnshing with the light parties in his front. 

As it had beto determined to defend the passes through the hills, Gkineral 
Potnam, i^riied of these movements^ remforced his advance partly and 
as the enemy f^ained ground, afnployed stronger detachments on this service. 
About three o^lock in^ the morning, BrigacSer-genetal Lord Stirling, with 
the two nearest regiments, was directed to meet the oiemy, on the road lead- 
ing irom the Narrows* Major-general Sullivan, who commanded all the 
troops without the lines, proceeded at the head of a x^ansiderablo' body of 
New En^landmeh, on the road"" leading directly to Flatbush, while another 
detachment occufned the heights between that place and Bedford. 

About break of day, Lord Stirling reached the suihmit of the hills, where 
he was joined by the troops Which had been already ^gaged, and were re- 
tiring' dowly before the enemy, who almost immediately appeared in sight. 
Having posted his men advantageously, a Warm cannonade commenced on 
both ffidesj which continiied several hours; and some sharp, but not very 
ck)se skirmishing took place between the infantry. Lord Stirling being 
anxious, <m]y, to defend the pass, coi4d liot descend in force from the heights; 
and General Grant did not wish to drive hkn thence, until the part of the 
pfam intrusted to Sir Henry Clinton, should be executed. 
2D 



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910 HISTORY QF NEW JERSEY. 

In die oeatfB, Dq Heister, soon lUkr <kyiight, began to cannonade tiie 
troops under Sullivan; but did not remove from Flatbusb, until the British 
right haft approached the left and rear of the American line. In the ipean 
timet, the more e^ctually to draw attention from the point where the grand 
attack was intended, the fl^t was put in motimi, and a heaVy caimonade 
commenced on.lhe battery at Red Hook. 

About half past eight o'clock, the British right haying thai reaohed Bed- 
ford, in the rear of Sullivan's left, De Heister ordered (Jolonel Donop's corps 
to advance to the attaq^ of the hill, following himself with tibe centre. The 
appi^oach of Clinton was now discovered* by the American left, which imme- 
dmtely endeavoured to regain the camp at Brooklyn. They were retiring 
from the woods by regiments, with their cannon,' when they encountered the 
ficont of the British, consisting of the li^t infantry and light dragoons, who 
were soon supported by the guards. - About the same time, the Hessians 
advanced frpm Fiatbush, against that part of the detachment which occupied 
the direct road to Brooklyn.* Here Greneral Sullivan commanded in per- 
son; but he found it difficult to make his troops sustain the first attack. 
The firing towards Bedford had disclosed to them the alanlciing fact, that the 
British had turmed their left flank, and were getting into their rear. . Per- 
. ceiving, at -once, their danger, they sought to etocape^ by regaining the camp 
with the utmost celerity. The sudden route of this party enabled Be Heister 
to detach a part of his force against that engaged near Bedford. In that 
quarter, too, the Americans were broken and driven bade into the woods, 
and the front of the column led by General Clinton, ctmtinamg to move for- 
ward, intercepted and engaged those who were retreating along the direct 
road from Flatbush. Thus attacked in front and rear, and alternately driven 
by the British on the Hessians, and' by the Hessians on the British^ a suooes- 
8k)n of skirmishes took place in the woods, in die course of which, some 
parts of corps forced their way through the enemy, and riegained the lines of 
Brooklyn, and; several individuals ^aved themselves ui^ler cover of the 
forest ; but & greater proportion of the detachm^it was 4ulled or taken. The 
fugitives were pursued to ti^e American works,, and such was the ardour of 
the British soldiery, that their cautious conamander could scarce prevent an 
immediate assault. 

^e fire towards Brooklyn gave the first intimation to die American right, 
that the^ enemy had gained their rear. Lord Stirling perceived that he 
could escape only by instantly retreating a^cross the creek,^near the Ydlow 
Mills, not fax from the cove. Orders to this eflfect wfere immediately i^ven, 
and the more, effectually to secure the retreat of the- main body of the de- 
tachment, he determii;ied to attack, in person, ar corps pf the British, nnder 
Lord.Comwallis, stationed at a house somewhat above the place at which he 
proposed crossing the creek. About four hundred of Smallwood's regiment 
were drawn out for, this purpose, and the assault, was made with gi^eat spirit. 
This jsmall corps was brought several times to the charge, and Lord Stirling 
was on the point of dislodging Lord Comwallis, when the force in his front 
increasing, and General Grant also advancing on hia rear, he could no Ion- 

S^r oppose the superior numbers which assailed him, on every <)uarter^ and 
e survivors of this brave party, with their general, beca^ie prisonera of 
war. This bold and well judged attempt, though unsuccessful, was not 
without its advanta^ ; giving an opportunity to a large part of the detach^ 
ment, to save themselves by crossing the creek. 

The loser sustained hy the American army on this occaskui was conside- 
rable, but could not be accurately ascertained. Numbers viFere supposed to 

* GeaerU How«'i Letter. 

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HISTORY OP NEW JERSEY. «1 

iMtve beon^dfowoed in the ci^k, or suflTocated in the marsh; aiul exaot ac« 
counts from the militia could not be procured. General Washington did not 
admit it to exceed a thousand itwin, but in thii^ estimate he could only hav€^ 
included the r^ular troops. General Howe staties the prisoners to hare 
amounted to onb thousand aJad ninety-seven, among whom were Major-gene- 
ral SuUivan, and Brigadiers Lord Stirling, and Woodhuil,'by him named 
Udell. He computes the loss of the Americans at three thousand three hun- 
dred, but this computation is, probably, excessive. He supposes too, that the 
troops engaged on the heights, amounted to ten thousand ; but it is impossi- 
Wi they couM have much exceeded half that number. His ow» loss, he 
states at twenty-on^ cfiicers, and three* hundred and forty-six priVates killed, 
wounded, and tdken. 

As the actioa became warm, General'Washington peas^ over to the camp 
at Brooklyn, where he sow wjth inexpressible anguish, the destrucdcm in 
which his best troops were, involved, and from which it was im[k)ssible to ex- 
tricate them. He could direct his efforts only to' the preservation of those 
which remained* ' ^ « . . 

Behaving the Americans to be much stronger than they were in reality, 
and unwiUmg to commit any thing to hazard, Gt^!keral Howe made no imme- 
diate attempt tq Ibrce their lines. He encamped in front, and en the twenty- 
eighth, at lulgbt, broke grouxid in form, within six hundred yards of a redoubt 
ontbelefL 

YIII. Suoces^ul resistance to the victorious enemy being now hopeless, 
and the-Ammcan troops, lying in the line^ without shelter frx)m the heavy 
rains, becoming daily more dispirited, the rQK)hition was taken to withdraw 
the army from Loog Island. This difficult movement was^ilfected on the 
night of the 28th, with such silence and despatch, that-^11 the troops and 
military stores, with a greater p|art of th& provisions, and all tiie artillery ex- 
cept some heavy pieces, which, in the state of the roads, could not be drawn, 
ivere carried over in safety. Early die next monAag, the British outposts 
percdved the rear-guard crossing the £last river, out of reach of their firob 
if the attempt to defend Long Island, so* disastrous in its issue, impeach the 
jttd^nent of the eomnteujider-in-cliie^ his masteriy r^reat, justly, added to his 
viqMitation among military tnoen. 

s IX. But the eflSbct of this defeat was most injurious to the American 
cause. It took from th^ tirbops the4»niid«:ice which preceding events had 
created, and planted in its places a dread of the enemy, to whom the perfec- 
tion of military skill was now ascribed. 

In a letter from General Washingtcm to Congress, the state of the army, 
aAer this event, was thus feehngly deacribed. '* Our situiak>n is tmly dw- 
tressing. The <^eck our detadunent sustained on the 27th ultimo, bui 
dispirited too great a proportion of our tro6pe, and filled their nunds with 
apprehension and despair. - Theonilitia, instead of. calling forth their utmost 
efiorta to a brave and manly (Opposition, in order to repair oar losses, are 
dismayed, intractable, and fminitient to return. Great numbers of them 
have goDB off, in some mstanoes, almotot br whole regiments, in many, by 
half (mes, and by companies at a time. This circumstance of itsdf, inde- 
pendent of others, when fronted by a wdl itppointed efiemy, cfUperior in num* 
her to our w^iole collected force, would be sufficiently disagiieeable : but 
when it b added, that their example has infected another party of the army; 
that their want of discipline, and refusal of almost every kind of restraint 
and government, have rendered a like conduct but too common in the whole; 
and have produced an entire disregard of that order and subordination neces- 
sary for the wdl doing of an army, and which had been before inculcated as 
well as the nature of our military estaUislaneat woald admit; our conditioii 



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919 KBTORY O? NEW JERSEY. 

fectU more alanmog, and with the deepest ocmcem I am obliged to ccmfees 
my want of confidence in the ^nerallty of the troops. 

<< Ail these circumstances fiiuy confirm the opinion I ever entertained, and 
which I, more than once, in my letters, took the liberty of mentioning to 
Congress ;' that no dependanoe could be put in a militia, or other tioops than 
those enlisted aibl embodied for a longer period . than our r^ulations have 
hitherto prescribed. I am persuaded, and am as fully cmivinced as of any 
one fact that, has happened, that our liberties must, of necessity, be greatly 
hazarded, if not entirely lost, if their defenoe.be left to any but a. jp^gmeaMB^ 
aimy« 

** Nor would the expense incident 1o the mi[^poi:t of such a body of troope, 
dB would be competent to every exigency, far exceed that which is. incurred 
hy calling in daily succours, and new enlislmentSy which when effected, ase 
not attended with any good consequences. Men who have been free, and 
subject to no control, cannot be reduced to ordejr in an instant; and the pvi* 
vileges and exemptions they claim, and will have, influence the conduct of 
others in su^h a manner, that the aid derived from them is nearly counleiw 
baknoed by the disorder, irregularity, and confusiptt' they occasion.'* 

The frequent remonstrances of the conmiander-in-duef, the {^imcais of 
idl military men^ and the severe correcting hand of expenence, at tengtl^ 
produced their efiect on the govehimoit of the uoion; and soon afier the 
defeat on Long Island, it had been referred U* the conurattee composing^ 
the board of war, to prepare a pbh of operations lor the next succeeding 
campaign. Their' r^ort,^whk^h was adqited, proposed a pecmanent anby 
to be enlisted for the war, and to bet composed of eighty-eight bettaliona, to 
be ^raised by the several states hi propoitiom to tiieir ability.* As induce* 
menta to ^list, a bounty of twenty dollars was allowed to each recruit^ and 
small portions of vacant lands promised to every officer and soldieip.'^ . 

X. Lord Howe, in his charactf^ of cdopfnissicQer, sought, iramediately,, to 
fivail himself of the impressdon, which he apposed the vfotory of the twenty- 
esvrath iiiight-have made on Congress. Foe this purpose, Gen^nd SnlHvati 
was sent on parole, to Philadelphia, with a verhal message, purpcMrting, that 
though his lordship xsould not» at present, treat with Coo^tesn as a poiitioal 
body, yet he was desirous to confer with 9(xm of its members, as pnvaite 
gentlemen, and to meet them at such plaoe as diey^ would appoint: That, 
with Geararal Howe, he had fiall powers to compromise the dispute between 
Great Britain and America; the obtaining of which had delayed him sear 
two months in England, and prevented his arrival at Hew York before tl» 
declarftti<Hi of iBd^)ettdenoe: That he wished a compaci to be settted; at 
this tibie, whm no decisive blow was struck, and neither party cookt iM 
compulsioi^. to enter into an agreement ^ That, if Congress were disposed Id 
tieat, many thmgs which they had not yet asked, mi^ and 6ught to be, 
granted; and that if, upon cbnferenoe, there should be a pfobabifily of 
aoccHnmodation, the ai^ority (^Congress woaU be reoognised, as ifidiq>eii. 
saUetothecomi^etioapf theoompaot - 

Thi9 proposition was embarrs^ssing. AbsohUe rejeetkyi might give colour 
to the c^Hnion, ttrnt, if independenee were waved, restoration of jme andeat 
connexion, on prinoiplea, Kmneily deemed constiktioAid, was praoliGiMe; 

• New Hampshire 3, MaseecliiiMttB 15, Rhode Ishnd 2, ConneetSeat 8; New fiuk 
4, New Jersey 4, PeiumlTaBie 12, Delawiie 1, Muykod 3, Vii^iiia 16, Noitli Cw^ 
lijpta 9, South Carolina 6^ GeorgiA 1.— 88. 

t To a colonel 500 acree, lieutenant-colonel 450, major 400, captain 300^ lieut^avU 
aOO, ensigrn 150, and a non-commissidned officer or private 100 acres. 

Tke resolntioii wm afterwards changed so a» to ^v% the option io enM Ibr thraa 
jean, or daring thA WW. TteN»^e«li£Bgfiwthi«»ye«miiotto Waalidsdtftl^ 



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HISTORY OF NEW JERSEY, 818 

whibt ta eoi^ upon nn§pti^on uinler mstiiig cbrcumBtaaoei nuglil impair 
coofideiice, in the detennioation of CongraM, to maintain the indBpendeass 
tkey had declared. Th^ difficulty was, in a meaaore, surmounted by the 
nply, '* that Congress, being the representatives of the iree and independent 
states of America, could not, with prc^nety, send any of its members to con- 
fer with his lordship in their private characters; but, tha^ever desirous of 
establishing p^aoe upon reasonaUe terms, they would s^d a committe;e of 
their body,, to, know whether he had authori^ to t^r^at.with persons aotho- 
itized by Congress for- that purpose, on l^ebalf of America; and what thai 
authority is; and to hear such prbpoaitions as he shall think ^nfpcr to make 
lespecMng the same.'^ General Washingtop was, at the same time, instruct* 
ed, that no prppositioa ibr peace ought to he regarded, unless, made, in 
w^dng, and addressed to the lepresentatives of the Umted States in Con- 
gress, or to p^aons authorised by them; add that if application were made 
to him, on 4he subject, by any of the Brhisli commandecs, he should infom^ 
them, that the .United States having entered into the war, cmly, for the 4&* 
fence of their lives and liberties, would cheerfully a^ree to peaee on reason»- 
ble.terms, whenever it should, be se proposed to them. These lesohitknit 
had the appeamnoe of ^naintaining independence, without making it tbe oon- 
didon of peace., . . ' ^ 

Dr. Franklip^ John Adams, and Edwajrd Rutledge, the committee of Coi^ 
gress^^net Lord Howe on Statea-Uand. The conference waafiruitlsBs. The 
eonmklee^ in their report, gsinre a summary of its matter, saying, «< It did 
not. appear, that his lordship's commission contained any other -authority 
than that ezptessed in^the act of ParhameM; namely, that of gmnting par^ 
dona, with sueh ezoeptiens as the oommi^sioners ahodild thinkjproper 4o make; 
and of declaring Amerioa, or an^ part of it, to be* in the King's peace on 
submissions for as-to the power of inqmring into the state c^ AuMopica, which 
his lordship mentioned to us, and of confemng,and oonsukii^ .with any per- 
aohs the comn^issioners might thmk. ^per, and representing the result of 
eoBversatiQD to^ie^npaistry, who, provided the colonists wouM sqbfect thsoK 
selves, mighty after all, or.itught not, at their pleasure, make, any alter«tioos 
in the fimner instrtictic^ to govempr^ or [m)po8e, in Pariuunent, any 
awsndmiytt of the acts com^ained of ; we apprehended any egcpeeCation from 
the efface of such a power, would have been too uncertain and preoarictts to 
be rdied on by America,, had she still oontimisd in her state' of depeadenee.^ 

XI. A eouBcil of w^r, oonvcdLsd by Washingtoii, resohed to:aet m tbb 
defensive, ud not to risk the army for the state of'Neiif Ykxtk; but a middle 
line between Aband<>nin^t and defence, was, for a short time, adopted* 
The mibhc stores, weve removed to Bobb's Perry, abocrt twenty-six milea 
from New York. Twelve thoosand pien were ordered to the northern ex- 
trenuty of York Island, and four thousand five hundred returned for the da- 
fence of the city: the remainder occupied the interme&te space, with direo- 
lions to suppOTt the city or thecmnp, at King's Bridge, as exigeneiee might 
require. As it was impossible to deitermi^B where the British would attempt 
to land, it was necessary, pursQaait to tbs system of proctasdnation, and the 
determination to gain time to raise works for defence at various points. ' At 
length, (Sept^ofiber Idth) another council of war directed the abandonment 
of the city. General Mercer, who commanded the flying camp on the Jersey 
shore, also, moved up the North river, to a post opposite Fort Washington. 

On the fifieeath General Howe commenced to land his forces, under covet 
of some ships of war, on the Bast river, between Kipp's and Turtle Bays^ 
Tlie works, at this point, were capable of defence for some time; but the 
troops, stationed in them, terrified at the fire from the shipa, abandoned them 
without waiting im attack^ and fled with.preeipitatkm. When the cannonade 



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814 HISTORY OF NEW JERSEY. 

had oomioeQoedr, the brigades of Oeaerais RarsoDs and Fdlowa were p«^ ia 
motion, and marched 'to; the support of the lines, and General WaahingtQD, 
himself, rode towards the sc^ne of action. The panic of the fiigitives, fixim 
th^ works, was communicated to the advancing troops^ uid Ihe commander- 
in*cihief, had ihe extreme mortificatiop ;to meet the whole retreating in the 
utmost disorctsrHiespite the great ef&rts of their generals to check the dis- 
graoefiil flight; and whilst he, himself attempted to mlly them, a small corps 
of the enemy coming in sight, they again broke and fled in the utmost con- 
fusion. The usually fim;i and equable mind of this admirable man, seems, 
on this occasion, to have been swayed by a gust of natural passion; and for 
the first, and pei4iaps, the only time, he despaired of the cause in which he 
had embarked his fortune, h^ life, and his &me. In the rear of his das- 
tardly, troops, wi^ his face to the enemy, ho^appeared willing to bury the 
pangs of the present, and the dreaded in{hmy of the future, in an honoumble 
ffrave. His aids and firiends, who surroimded his person,, by indirect vio- 
^oce, compelled him to retire, and preserved a JUfCy perhapsj indiiq)^isable 
to the independence of his country.^ 

Theonly part remaining to be taken after this d^reUction, was to withdraw 
the few remaining troops &om New. York„ and to secure the fosts on the 
heights. For the latter purpose, the lines were instantly tnanned, but no 
attempt wa^ made on them. The retreat from New York was ^fected with 
an inconsiderable loss of men, in a skirmish at Bloomingdale; bift all the 
heavy artillery, and a large portion of the baggase, proviSons, and miHtary 
stores, were unavoidal^y abandoned. No part of this loss was more severely 
felt, than that of the tents. In this shameful day, one colonel, one captain, 
three subalterns, and ten priyates, were certainly killed; one lieut^mnt- 
cdonel, one captain, and one hundred and fifty-seven privates were missing. 
The conduct of the troops on this occasion, calla for renutrks which are alike 
af^licable to the prior and 8Ubseq\;ient armies of the United States. Iliey 
had not the experience which teaches the veteran to do his duty, wherever 
he may be placed; .in the assurance, that othem will likewise do theirs; and 
to rely, that those who direct the whole will not expose him to usdess haEard 
not neglect those precautions which the safety of the^ whole niay reqUire-f 

Unfortunately, there existed in many parts of the army, otfaei^ cautes beside 
the shortness of the'terms x>f enlistment, and the in^oiency of the mihtSa, 
which prevented the acquisition of these military sentiments. In New Eng- 
land, ^ence the war had been principally supported, the zeal exicited hy the 
revolution had taken such a direction, as m a great measure to abolish those 
distinctions between the platoon officers and the soldiers, which are indispen- 
sable to the formaticm of an efficient-army. Many a£ these inkers, here, as 
in other parts of the union, were elected by the meb, and were, consequently, 
disposed to asaociate with, them on tbe footing of equal^. In some instances, 
those were chosen who had agreed to put their pay tn c<Mnmon stock with 
that of the. soldiers, and to diyide equally with them. It is^ not cause of 
wonder, that among such officers,.the most disgraceful and unmilitary prac- 
ticea should sometimes prevail ; nor that privates should fail in respect, sub- 

* RamMLv's Amerioan RevolutioD, vol. i. p. 392. Mr. Manhftll does not notice, to 
affinn or deny , this etatement of Mr. Ramsay. If the suppression bav# been made 
fer the purpose of aggrandizing Uie hero of the biompher, it is reprehensible. — 
The office of apotheosis belongs to the poet or the siaye. h is above or below the 
liiftorian. And no homan character can snfier lees, from full disclosure, than that 
of General Washington. Such shadee, as this, aie but the fbil of the brilliant, serv- 
ing to perfect its lustre. . Such instances of weakness, improve the exemplar which 
his life affitrds. Were it marked by unvarying wisdom, it would be rejected in 
despab, as unattainable. 

t Marshall's Washington, vol. ii. 434. 



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HISTORY OF NEW JERSEY. 215 

oitiiiuitioii, and obe^eooew Orders of Hm period show, that eevejoi officers 
of iafenor grade were not themselves exempt from the general spurit of .pil- 
Iikge, whibh then disgrac^ the American troops.*" 

Having possessed himself of the city, (15th September, 1776,) the British 
general station^ a few troops in the tpwa^jand with the main body of the 
anpy encamped near tl^e American lines. ^ His right was ^ Horen's Hook, 
on the Ee^t river,. and his led reached the North river, near Bloomingdale^ 
80 that his encampment extended iquite across the island, here, about two 
mites wide, and his flanks were both covered by his' ships. The stron^^ 
point of the American lines was at King's Bridge, preserving their commu- 
nication with the continent. They also occufMed in consideraWe foitse, 
M*Gtowan's Pass, and^ Morris' Heights, which were fOTtified and rendered 
capable of defence against superior numbers. On the heighU of Haerl^m, 
still nearer the Brit^h Hues, within a mile and a half of them, a strong de- 
tachment was posted ip aR intrenched camp. 

The present position of the armies favoured th^Q wishes of the American 
commander, to habituate his soldiers hy a series of succes&ful skirmish^, to 
mqet the enemy, in the fielct. Opportunities for this -purpose were not long 
ufanting. The day after the retreat from New York, (he British appeared 
in con^derahle force in the plains, between the camps. Washington ordered 
Col(Hiel Knowlton of the volunteer corps of New England rangers, an4 
Major Leitch with three companies of the third Virgima regiment, which 
had joine(f the army duly the preceding day, to endeavoiir to get into their 
rear,, whilgt he amused tliem with demonstrations of an attack in front. The 
plan was succe$6&l; the.Bi^ti6h> advanced eagerly, to an advantageous, posi- 
tion in front, and a firing cpmmenced^ but at too.great a distance ibr execu- 
tion. In the mean time, Colopel KnowUon, itnacquainted with their new 
nosition, made his attack rather on their flank, than their rear. Very soon. 
Major Leitch, who had gallantly led the detachment, was brought off the 
ffround mortally wounded, aAd not long afterwards, Colonel Knowlton also 
tell, bravely fighting at the head of bis troops. Not discouraged by the loss 
of their field (^cers, the captains maintained their gvoqnd, and. continued 
the action with great animation. , The British were reinforced, and General 
Washington ordered qn detachments from the adjacent regiments of New 
England and M^ryjand*^ The Americans thus strengthened, charged the 
enemy, djrove them from the woods into the plains, and were pressing them 
still further, when the general apprehending the approach of a large body ot 
the foe, recalled his troop9 to tl^ir entrenchn^ents. ^ In this sharp conflict^ 
many who had so disgracefully fled on the preceding day, now, with much 
inferior force, had engaged a battalion of light infantry, another of Highland- 
ers, and thjcee companies of Hessian riflemen, sustaining a loss in killed and 
WOAinded of not more than ftfty men, whilst the British lost more than douUe 
that number. The effect of this fyrsi success of the campaign, was visible 
upon the spirits of the men, restoring them in some measure to their own 



The armies did not long retain their position. General Howe, sensible ot 
the strength of the American camp, had no inclinaiicHi to force it. His plan 
was, to compel Gene^ Washington either to abandon it, or to fight in a 
position, where defeat would result in a total destruction of his army. With 
this view, after throwing up Intrencbments on M*Gowan's Hill, for the pro- 
tection of New York, he proposed to gain the rear of the American eamp, 
and to possess biipself of the Nortji river, above King's Bridge. To ascer^ 
tain the practicality of the latter, three frigates passed up, under the fire of 

* MarsbaU's Life of Washingtoii, Td. ik434» 

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216 HISTORY OP NEW JERSEY- 

Fbrts Washington and Lee, without injury from the batteries, or impediment 
fhrni the ckemux^-friaey which had been dunk in the channel, betwe^i 
those forts. This pomt being attained, the greater part of his army passed 
through Helf^te^ into the Sounds and landed on Frog's Neck, in West CSies- 
ter county, about nine miles from the camp, on the heights of Haerlem.* 
He continued here some days, quietly waiting for his artillery, military 
stores, and neinforoements, from Staten Island, which were detained by un- 
favourable winds. 

XII. In the mean thne, Genertil Lee arnved,t from his late ^ccessful 
command, to the southward ; and finding a disposition prevalent among the 
oflicers of the Aiflterican army, to continue on Yoric Island, he induced the 
call of a council of war, to consult on its propriety. He "urged its entire m- 
linquishment— dwelling upon the impracticability of stopping the ascent of 
the enemy's ships, upon the river, the possession of Frog's Neck, on the 
Sound, by the British, the absolute impossibility of preserving the communi- 
9ation with the counti^jr, and the imminent danger thai the army must fight 
under disadvantages, or become prisoners of war. His views, so fiir as they 
regarded the army, werfe adopted ; but unfortunately, the representations <i" 
General Greene prevailed, in relation to Fort Washington, the occupation of 
which, he c<»itended^ would divert a lai^ portion of the enemy's force from 
the main body, and in conjunction with Port Lee, would cover the trans- 

e>rtation of supplies, up the river, for the service of the American troops, 
e fiirther represented, that the garrison could be brought ofi*, at any time, 
by boats from the Jersey shore. 

XIII. On the 18th of October, General HoWe moved forward his whole 
army, except four regiments destined for New York, towards New Rochelle. 
Some skirmishing took place, near East Chester, ^ith part of Glover's bri- 
gade, in which the conduct of the Americans was courageous. As Howe 
took post at Nfew Rochdle, Washington occupied the heights between it and 
the North river. The British genefal received here, the second division of 
Germans, under General Knyphausen, and an incomplete regiment (^caval- 
ry, from Ireland. Both armies now movted towards the White Haifls, a 
strong piece of ground, where a large camp had been marked out, and occu- 
pied by a detachmenf of militia, sent to guard some magazines there collect* 
ed. The main body of the Americans formed a long line of entrenched 
camps, extending^ from twelve to thirteen nfiles^ on the heights firom Valen- 
tine's Hill, nearfeng's Bridge, to the White Plains; fronting the British Kne 
of march, and the Brunx, which lay between them,, so as to collect in ftdi 
force at any point, as circumstances might require. While the British army 
lay about New Rochelle, Major Rodgers, with his regiment (of tories), was 
advanced eastwarjd towards Mamoraneck» on the Sound, where he was be- 
lieved to be covered by the position <yf the other troops* An atfempt was 
made to surprise him ia the night; but it was not wholly suocessfid* About 
fflxty of his corps were killed or taken^ with a' loss to the Americans of two 
killed, and eight or ten wounded; among the latter, was Major Gtisen, of 
Virginia, a brave officer, who led the advance, and who received a ball 
through his body. Not lon^ aftcTj a r^ment of Pennsylvania riflemen, 
under Coloiiel Hcmd, fell in with and engaged an equal number of Hessian 
chasseurs, over whom they obtained sortie advantage. 

The caution of die English general wfts increased by these evidoices of 
enterprme in Ins adversary, ffift object seems to have been to avoid skir- 
mishing, and to bring on a general action, if that oould be efleeted tmder 
favourable circumstances; if not, he knew too well, the apprdkching dissolu- 

« October lith, 1776. t Oejtober t4th. 

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HISTORY OP NEW JERSEY. fl7 

tioa of tke American anny, and calculated, not without reaaen, on deriving 
from that event neariy all the advantages of a victory. He proceedod there- 
fbte slowly. His marches were in. close order, his encampments compact, 
and well guarded with artillery; and the utmost' circumi^iiection was used 
not to expose any part which miffht be vuhnerable.* . 

As the fiick ana baggage reached a place of safety, General Washingtcm 
gradually drew in his out-posts, and took poesesnon of the heights on the 
east side of the Brunx firontins the hectd of the British columns. He waa 
thjere joined J)y General Lee, wno, ailer seeunngthe sick and the baggage, 
had, with considerable addrc^ brou^ up the rear division of the army. 

General. Washington was encamped on high, broken grounds, with hia 
ri^t flank covered by the Brunx, which also covered the front of his right 
winff, extending, along the road on the east side of that Tiver, towards New 
Bocnelle, as iOu^ as &&, brow Qf the hill where his centre was posted^ His 
left, forminff aln^ost a right angle with his centre, and nearly parallel to his 
rights exteiraed along the hills northwardly, so ais. to keep possession oC the 
oommariding ground, and secure a jetreat should it be necessary, firom the 
present position^ to one still more advantageous in his rear* 

On the ri^t of the army, and on th^ west side of the Brunx, about aod 
mile from the camp, en the road leading from the North river, was a hill, of 
which General M^Douoal took possession, for the ptirpose of covering the 
right flank. His detachment consds^ of about sixteen hundred men, prin- 
jcipally militia; andi his oommunication with the ouuu army was perfectly 
open; that part of the river being every wl^ere passable, without difllculty. . 
Hasty intrenchments were thrown up to strengthen every part of the lines^ 
and to rai^Le them as defensible as possible. . 

On the 25th of October, General Ebwe, who had advanced from New 
Rocii^e and Mamaroneck, prepared to attack -General Washington in his 
camp. Early in the morning, the British araroached in two columns, th6 
right ooomianded by Sir Henry Clifi^on, and the left by General Knyphau- 
sen, accompanied by Greneral Howe, in person. Their adv^uoced parties 
having -encountered, and driven in the p^Oroles, their van appeared, about 
ten o'clock, in fbll view of the American lines; a cannonade commenced^ 
without much execution, on either side. . The British right formed behind a 
rising ground, about a mile in front of the American camp, and extended 
fh»n the road leading fix»n Mamaroneck,' towards the Bnmx; so that it was 
qyposed to the bentre of the American army* 

• On viewing General Washington's situatioil, Howe determined to possess 
himself of the hill ocoipied by M'Dougal. He directed Cdonel Rawie, with 
his corps of Hessians, to cross the Brunx, and by a circuit, to gain a posi- 
tion from which he might annc^ the ri^ht flank of M'Dqugal, while Briga- 
dier-general Leslie, with the second brigade of British troops, the Hessitui 
prenadiers under Colonel Donop, and a Hessian battalion^ should attack him 
m front. When Rawle had gained thei designated position, the detachment 
under Leslie also crossed the Brunx, and commeoceA a vigorous attack on 
the Americans. t The militia immediately fled; but the r^ara behaved 
with great gallantry. Colonel Smallwood's regim^it of Maryland, and 
Colonel Rtttzimar's of New York, advanced boldly towards the foot of the 
hill to meet Leslie; but after a sharp encounter, were overpowered by num- 
bers, and compelled to retreat Lsslie then attacked the remaining part of 
M^Dougal's foroes,.connsting of bis own brigade, the Delaware battalion, 
and a small regiment of Conneeiicut militia. They were soon driven from 

* Annual Register. t General Howe's letter. 

2E 



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ai8 HISTORY OF NEW JERSEY. 

dsi.hill, but kept up, lor some time, an inegular fire from the itoBO wa^s, 
and other endosares about thd scene of action. General Putnam, with 
Beal's brigade, was ordered to siiq^rt tkem; but not arriving- while they 
were in potsesnon of the hitf , he deemed it improper to attempt to r^^ain^ it, 
and the troops retreated to the- main army. 

In this engagement, which« during its continuance, was very animated on 
both sides, & loss was supposed to have been about equal. That of the 
Americans was between three and four hundred in Mied, wounded, and 
taken. CMonel Smallwood was among thewounded. 
. General Washington conth^ued in his lines, expecting to be attacked. His 
flick and ba^^ase were removed into his rear- But e considerable part of 
the day paving been spent' in gaining the hill, which had been occupied by 
M^Dougal, all attempts on his intrenchments were postponed until the next 
morning; and the whole British army lay on their arms the following night, 
in order of battle^ and on the ground they had taken duriz^ the day. 

TMb interval was empk)yed by General Washington in strengthening his 
wcnrks, removing his sick and baggage, and prejtering, by changing the ai^ 
rangement of )m troops, for the expected attack. E^ left maintained its 
positicm, but hi? ri^ was drawn back to stronger ground. Perceiving this, 
and unwilling to leave any thing ^o hazard, Howe resolved to postpone fur- 
ther oflfeosive operations, until £Drd Percy should arrive with four battalions 
firont New York, and two from the post at Mamaroneck. This reinibrce* 
ment was received on the evening of the BOth, and preparatiooa were- then 
made to attack the American intrenchments the n^t morning. In the night 
and during the eariy part of the succeeding day, a violent rain fell, which 
induced a further podtpoQement of the assault.* The provisions and heavy 
baggage being now removed^ and apprehensiens being entertained^ that the 
British general, whose lefl wmg extended along the hdght taken from 
M^Dougal, to his rear, might turn his camp, and occupy tl^ post to wluch 
he designed to retreat^ if an attempt on his iines should terminate imibrtu- 
nately. Genera! Washington changed his position in the night, and withdrew 
to the heights of North Casde^ sAmt five miles fitnn White Plams. At the 
same time he detached BeaPs brigade to take posiieAkm of the bridge on 
Croton river, a fev^ milev in his rear, and over which is the road leading up 
die Hudson. 

Ttus position was so strong, that an attempt to force it was deemed im- 
prudent. General Howe, therefore, gave a new direction to his eflforts-t 

XrV. Theanxiety to preserve,, if possible, the navigation of the liudson, 
above Kinc's Bridge, had induced the American gen^nu to maintain the posts 
of Forta Washhigton and^Lee, on either side of that river. They ceaentiafly 
checked the movements of General Howe, who justly deemed the complete 
possesmon of York Island an object of too raudi importance to be longer 
n^ected. Ife, therefdite, dil^cted General Knyphausen to cross the coun- 
try finoto New Rodidle, and to take possession of King's Bridge, ^here a 
Mnall party of Americans were stationed in Fort Independence. This was 
•ftcted without ppposkioti ; — the Americans retiring^ to Fort Washii^ton, 
and Knyphausen encamping between that place and King's Bridge.^ 

In the mean time, Howe broke up his can^p at White Plains, and marched 
to Dobbe' Ferry, whence he retired slowly down the North river, towards 
King's Bridge. The American general was. imttiediaiely aWare of the de- 
flip against Fort Washington, and the Jerseys; but, apprehending that hb 
adversary might return suddenly, and endeavour by a rapid m<ivement» to 
eotecute the original plan of getting in his rear, he observed great caution, 

* General Howe's letter. t Ihid. 



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HISlXJRY OF NEW JERSEY. 819 

and maintained his poniion^ ui^ asfifur^ thai the ino¥«n](U(it toymia Kmg's 
bridge, waa not a feint* 

On the movement of the British army towards New York, General Wash- 
ington perceived the neccessity of throwing a part of his troops into New 
Jersey, should Howe design to change the scene of action, A council of 
war, therefore, was immediately called, {November 6th,) which determined, 
unanimously, should Howe continue his march, that all the troops raised on 
the west siderof the Hudson,* should cross that riv^r, to be aAerwards follow- 
ed, if necessary, by those, raised on the eastern part of the contitient; and 
that, for the preservaXion of the highlands, about the North river, three 
thousand men should be stationed at Peck's-kill, and in the* passes of the 
mountains. 

• Genetal Washingtc» addressed a letter to Governor Livingston, advising 
.him of the movement then jnr^ing, and caressing a dedded Opinion thftt 
General Howe would not ccmtent himself with investing Fort Washington^ 
but would invade the Jerseys* He urged the governor to put the militia in 
condition to xeinforoe the continental army, and to take the plaqe of the new 
levies, a term designating ,a body, of vtfta^ between militia and regulars, 
raised to.serve until the first of O^mb^, who could net be (kpended on to 
ccmtinue- with the army one day longer than the time for which they w^e 
eogaged. . He.also prised, very earnestly, the removal of all the stock, and 
other pfqvisions,.of which the enemy niight avail iiimself, fron;i the sea-coast, 
and the neighbourhood of New York. 

Laomediate intelligence of this movement >as likewise given to General 
Greene, who commanded in the Jerseys; and his attei^tion was particularly 
pdnted to Fort Washington. He was advised to increase his magazines 
about Princeton, and to diminish those near New York; as experience had 
demonstrated the difficulty of removing them on the advance of the enemy* 
Some apprehension was also entertain^ that Howe would attempt to cioas 
at Dobbs' Ferry, and envelqp theiroops about Fort Lee, as well as those in 
Fort Washingtooi. .Of this, too. General Greene .was advised, and thereupon 
drew in hi& parties from about Amboy, and posted 9, body of troopB on the 
heights to defend the passage at Dobbs' Ferry. - . . 

iOn the 18th ot November, General Washhigton crossed the North river, 

' with the selected portion of tjie army, leaving the.eastem regiments ynder 

the command of General Lee, with orders, aisp, to cross the jdver, should 

General Howaefl^ it; but in the mean tixne, to assume the strong grounds, 

bdnnd the.Cro^, at Pine Bridge. . 

Discretionary orders had been given to General Greene, to abandon Fati 
Washington, but. which, for the teasona already stated, he delayed to exe- 
cute. . This fprt was oa a high piece of ground, near the North river, very 
difficult of ascent, especially, on the nor&m sidQ. It was capable of con- 
taining about a thousand, men; but the linea and out- works, chieffy on* the 
southern skle, were drawn quite across the island. The position was ^latu- 
rally strong, the approaches di^oult^ and the fortifications^ though not suffi- 
cient to resist heavy ^llery, were believed gap^^ble of sustaining any at- 
tempt at storm* • The garrison containing some <^ the best troops of the 
American, army^ was commanded by Colonel Magaw, a brave and intelli- 
gent <^cer» 

General Horwe, who had retired slowly from the, White Plains, encamped 
at a small distance from Kill's Bridge, on the heights of Fordham, with his 
right towards the North river> and hk left on the Brunx. Detachments 
from his armv having previously tak^ possession of the ground about W^t 
Chester, works were erected at Haerlem creek, to play on the opposite 
works of the Americans, and every prqfMuration being made &r an aasault, 



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820 HISTORY OF NEW JERSEY. 

tlie giunrieon wae summoDed (on tb^ 15th of Noranber,) to sunender od 
pain of hemg put to the sword. C!olonel Magaw replied, that he should de- 
fend the place to the last extremity. The summotis was immediately com- 
municated to General Greene, ftt Port Lee^ and by him to the commander- 
in-chief, then at Hackensack. He immediately rode to Fort Lee, and though 
late Ih, the night, was proceeding lo Fort Washington, where he expected to 
find Genetals Putnam and GrreenCr when, in crossmg the river, he met thoee 
t^cers, returning from visiting that post. They reported that the ganison 
was in high spirits, and would make a good defence^ on which, he returned 
with them to Fort Lee- 
Early next morning, Golond Magaw poa^ his troops partly in the outer- 
most lines, partly b^een those lines, on the woody and rocky heists, 
fronting Haerlem river, wher6 the ground being extrertiely difficult of ascent, 
the works were not clewed ; and partly on a commanding hill, lying north of 
the fort ColcMiel Cadwahider, of PeimsylVaiua, cofiimanded in the lines. 
Colonel Rawlings, of Maryland, oil the hill towards King's Bridge, where 
his fegiment of riflemen was posted among trees, and ColcMierMagaw, him- 
self, in the fort. - * ' * 

The strength of the place did not deter the British general from attempting 
to carry it by storm. A desire to Bave'&ne, at this late season of the year. 
Was the principal inducement to this determination. About ten o'clock, the 
^assailaiAs appeared before the works, and mov^ on to the assault in four 
queurters* Their first division, consisting of (wo columns of Hessians and 
Waldeck^rs, amounted to about five thousand men, under the command of 
General Knyphausen, advanced cnr the north side' of the fort again^ the failF 
where Golond Rawlings commanded,' who received them with great gal- 
lantry- The second, on die ^ast, ccmsLsting of the first and secatkd battalions 
cf British light infantry, and two battaKons of guards, was led on by Briga- 
dier-general Mathews, supported by Lord Comwallis, at the head of the 
fiirst and second battalions of grenadiers, and the thirty-third regiment. 
TTiese troops crossed Haerlem river, in boats,* under cover of the wtillery 
planted in works which had been erected for the purpose, on the opposite 
side of the river, and landed within the third line of defence, which crossed 
the island. The third division was conducted by Lieutenant-colonel Sth'llng^ 
who passed the river higher up; and the fourth, by Lord Percy, accompa- 
nied by General Howe, m person* Thls^vision was to attack the lines in 
firont, on the soiith side.* . • 

The attackaon the north, and south, by <7eneral. Knyphaus^, and Lord 
Percy, were made about the same inMant on Colonels Rawlings and Cad- 
walader, who mamtained thdr ground for a 'considerable time^ 1>ut while 
Colonel Cadwalader was engaged in &e first Kne against Jiord Percy, on 
the south, the second and third divimons, which had crossed Haeriem river, 
made good their landing, and soon dispersed the troops fipc«iting that river, 
as well as. a detachment sent hy Colonel Cadwalader, to support them. 
Theae bong overpowered, he deemed it nece^ibry to abcmdon the lines, and 
a retreat was commenced towards the fort, which, being conducted with con- 
fusion, a part of his men were intercepted by the division under Colonel 
Stirling, and made prisoners. The resistance on the mnth, was conducted 
with more courage, and was of Icoiger duration. Rawlings mctintained his 
ground with firmness, and hb rifiem^ did vast execntion. A three gun 
battery, north of th6 fort, also played on Knyphausen, with muck eflfect. 
The Germans were jpepulsed several times with great loss; and, had every 
other part of the action been equally well maintained, the assailants, if ulti- 

* Ctoik^ Howe's letter. 



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HISTORY OP NEW JERSBT. 821 

Bietd J soooes^iii, wodd Imve bad moc^ reason to tkipb^ At 

lengthy by dint of perseverance and numbers^ the iteesian columns gaiiiSed the 
summit of the hill; ailer which. Colonel: fiawlings^ poroeiving the danger 
which threatened 1^ rear, retread under the guns of the fort* 
. Having cajTil^' the lines, and all- the strong ground adjoining them, the 
3ritish general again summoned Ck>lonel Ma|aw ^to surr^der. While the 
capitulation was progressing, General Washn^^ sent him a billet, request* 
ing him to hold out until tl^ e^^ening, when he would endeavour to bring off 
the garrisoli; but Magaw had alrcady proceeded too ^ to retract; and it is 
pro^bte the place could not have resisted an assault fVom so formidable a 
force as thieatefted it on every side« Tha ixiost essentia] difficulties had been 
oveicome: the fort was too small to contaii)'all the men; and their ammuni- 
tion was nearly exhausted. -.Under these circumstances, the garrison sur- 
rendered prisoners of war» 

The toss on this occasion was the grioatest the Ameripans had sustained. 
The garrison- was stated ,by Oeneral Washii^n,^ at about two thousand 
men; yet^ in a report published as irom Gmieral Howe, the cumber ofpri- 
-Ibiaxera is stated at two thousahd six hundred, exclusive of oflkers.. Eithc^ 
Qeneral Hoipre must have included in hia report, persons who were not sc^ 
diers, or General Washington, in his letteir, must h^ve comprised only the 
regulars. Tlie last- oonjectuiie is most probably correct. The loss of the 
assailants is variously stated, at /from eight to eleven hundred aien* It fell 
heaviest on the Germans. . ' , 

XV. Hie surrender of Fort Washington, induced a determination to 
evacuate Fort Lee; and a removal of the stores to the interior of Jersey, 
immediately, comm^iced. -But on the 19th of November, before this could 
be completed, a detachment of the enemy, commanded by Loid Corfiwallis, 
. amout^tmg to abou^ six thousand pien, crowed the North) river, below Dobbs' 
Ferry, atul endeavoured by a rapid march, to enclose the garrison betwewi 
the Hudson and the i^Lckensack rivers* Thesafoty of tte garrison reqi^ied 
its instant withdrawal from the narrow n^ of land, which was with great 
difficuky efl^tej, by a bridge over the latter river. With FOrt Lee, alt the 
heavjr cannon, except two twelve pounders, together with a large quantity of 
provisions and militai^ stofes, fell into the hands of the enemy. The want 
of wag(»s rendered this loss inevitable. \ 

,. Aflsr crossing the ^Hackensack, General Washington posted his troqjs 
along the western bank ; but he could not defend H vrith an anhy of only 
thrpe thousand efl^ctives* exposed, without tents, to the inclement seascMi 
jvhich abeady prevailed, in adevel country without an entrenching tool, and 
amcn^ people no wise zeak>us for the Ameri<»n cause; and being still en- 
closed by two rivers, the Hackensi^ and Passaic, his position was, thereby, 
rendered more dangerous. This gloomy conditkm was not cheered by the 
proiqiect of the future. No reliance could be placed on reinforcements from 
any quarter. The general made every exertion to collect an army, and in 
the mean time to impede, as much as possible, the progress of the enemy. 
General Carleton having retired from before Ticonderom, he directed Ge- 
neral Scbujdef tO: hasten to his assistance, the troops of Pennsylvania and 
New Jersey. But the march was long, their term of service nearly ^ired, 
1^ they refused to re.enlist* General Lee was directed to cross the North 
river, and hold himself in readiness, if the enemy should continue the canu 
paign, to join the commander-in-ddef ; but his army, too, from the same 
fota! cause, was mating away, and would soon be totally dissolved. Gene- 
ral Afercer, who commanded part of the fl3ring camp stationed about Bergen, 
was called in, but these troops had engaged to serve, only, until the first of 
December, and like other six mcmtfas' men, had abandoned the army in great 



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im mSTORY OP NEW JHUOBT. 

mnnbers* Mb Jbope erfated of retaraiiig ^ reaamdi after tbey AooiA 
po88e89 a legal right to dqiajt. 

Under these circuHistaDo^s, no sarkms design codd be entertained of do- 
Mding the Hackensaclu A show of resistanoe was momeatarilj preserved, 
with a T^^w o€ oovenng the few stores which xxHild be remored. Geneml 
Wa5hington, with fieal^ Heard's, and part of Irvine's brigades, crossed at 
Acquaekan(»ick Bridge, aiid took post at Newark^, on the south side of the 
Passaic So(«i'after he had marched, Major-general Y aiighan, at th6 head 
of the British dragoons; grenadierB, and light Infantry, appeared before the 
new bridge over iCckensack, and the American detachineni,in tbe rear being 
wholly unable to defend it, could only break it down, and retire before him 
over the Pasteic 

General Washington having entered the 6pen country, Mlted to a few 
days, to endeavour to <xdlect such a foroe, as n^ht presepre the semblanoe 
of an anny. The better to ofiect this, he.despatcbod General Afifflin to Penn- 
sylvania^ where he possessed great influence, and Colonel Joseph Reed, bis 
adjutant-general, k>ng known.and highly valtied in N^W .Jersey, to Govempr 
livingiton, to press upon him the absokite and iinmediate neoessity of 
making further exerdoias to prevent the whole st^ from beinff overnm. 

In this perilous state of things, he found it nebeosary to ibtach Colanel 
Formaii of th6 New Jersey militia, to si^press an insurrection which direat- 
ened to break out ia the county of Monmouth, where great numbers- were 
well disposed to the royal cause. Nor was this, the only place from which 
there was reason to eiqpect the enemy might derive aid; - Such an indispoei- 
tioik to further resistance b^an to be roanifesCed throughout the state, as to 
ezdle serious fears rebooting the conduct which might be observed when 
Lord Comitrallis should pen^irate further mto the coimtry.*' 

Unable to make efiective resistanqe, as the British crossed the Paasaie, 
General Washington abandoned his position behind it; aiHl on the 28th of 
Norember, as Lord' ConrfraUis entered Newiark, he retreated^ thence to 
Brunswick. The time had now come, (December 1,) when the Maryland 
and Jersey levies in the Qymg camp, beciune entitled to dieir di$pharge, and 
he had tl^ extreme mortificiE^tion to behoki his small army, sidll more en- 
feebled by the abandonment of Oieee'troq» ahnost in sight. of an advancing 
enemy. The P^nsylvania militia of the i^iUne class had eingaged to serve 
until the first of January; but so many of them deserted; that it became ne- 
cessary to place guards on the roads wad ferries over the Delaware to appre- 
hend the fugitives. 

From New Brunswick, the commandw-in-ehief, again, urged upon Gover- 
nor Livingston, that, the intention ci the enemy was, to pass thnm^ New 
Jersey to Philaddphia, and that some efficacious measures should be adopted 
to caU out the strength of the state to his support, and its own defence. BnA 
it was not in the power of the governor to furnish the aid required. The 
Legislature, which had removed.&om Princeton to Trenton, and frcnn Tren- 
toa to Burlington^ had now adjourned, and the members, had ^turned to their 
homes to protect thdr own mm peculiar intei^stsr The well afibcted part 
of the middle counties was overawed by the British army. The lower coun- 
ties were haunted by tovfes, or paralyzed by thdr^ non-oombattii^ Quak^ 
population, and the militia of Morrb and $uiBsex turned out slowly and le- 
luctantlyif Washington, also, again urged Gene^ L|ee to hast^ to his 
assistance. 

The troops were continued in motion for the purpose <^ concealing their 
weakness, and of refolding the advance of CornwaUis, by creating an o|^^ 

* Bfanh^, Waib. Utt. i Ibid. 



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HISTORY OF NEW JERSBY. 223 

tfau the AmericAiis raedilxtfed to attiM^ him; bol a« tbe British van came in 
vieWy and approadied the opposite side of the bridge, he was compelled to 
quit New Brunswick. Leaving Lord Stirling in Princetcm with twob^igades 
from Virginia and Delaware, amounting to twelvjB hundred men, to watch the . 
eaemy, he ocmtinued his march with the residue of. the army to Trenton* 
Directions bad alir^y heen givao: to collect and place under sufficient guard, 
all the beat9 en the Del^^ware, firom Philadelphia upwards, fox .seventy nnles, 
80 that a hope mi^t be reasonably entertained that the progreas of the ene^ 
i^y would be stcmped at this river; and that iuthe mean time, rei&forcements 
nught arrive, whkh would enable him to dispute \ts paissage. Having, with 

rt labour, tnui^>orted ifae few lemaining military stpres and baggage over 
Delaware, he determined to remain as lon^ as |k)ssi|)le with the sinall 
forc^ which still ad{ieTed to- him en tf^ porthern. banks of that riveK.*' 

TMs jetreat into, and through New Jersey, was^altended with almost ev«ry 
circumstanoe thai pould embarrass and depress the spiritsf . It commenced 
immediately ai^r the heavy loss at Fort Washington. In fourteen days 
after that event, the whde flying pamp claimed its discharge, apd other troops 
also, whose en^^igements terhmmted ab<>at the same time, daily departeds 
The two, Jersey regiments* which had i)een fbrwarded by General Gatesy 
under General St. Clair, went off to a main, the moment they entered their 
own state* A few officers wjthoqt a siijgle private, were all of these r^- 
ments which St. Clair broughl'{p the <^QminuKler-in<«hief. The troops who 
wete with AVashington, mostly of the garrison of Port Lee, were without 
tents, blankets^ shoes, ^d the necessary utensils to dress their provisions. ' 
In this situation, the general had thq address io prolong a march of ninety 
miles, to the space of^nineteen "days. During his retreat, scarce an inhabit-^ 
ant joined him, whilst numbers daily ilock^ to .the royal army, to make 
their peace^ and beg protecti<mv On the One side,' ^as a well appointedfull 
dad army, dazzling by it^ briUianod, and imposing- by its success^ on the 
Other, a few poor fellows whose tattoared raiment Uit too well juistificxi the 
mmbriquet of ^^ragamuffins,"- with which the sneering tories reproached them, 
fleeing for their safety. The British oommiss^ners issued a proelaniation 
commaiiding all personsr asseii)bled in arms againsf hiq Majesty's government, 
todisband and returQ to their hcxnes; and all civil officers to desist from their 
treasonable practices, and to reMnquish their usurped authority. A full par- 
don was o^ied to all, who within sixty dajrs would itppear befbie an officer 
of the crown, claim the benefit of the proclamation^ and subscnbe a declara- 
tion of his subQussion to the royal authority. Seduced by this proclamation, not 
only the ordinary people shrunk from the apparent late of the country in tljis 
its murkiest hour, but the vapouring patriots who sought dfi^e and Astinction 
at the hdnds of their count^m^fk, when danger inHheir Service was distant, 
now crawled into the British lines, humbly craving the mercy of their con* 
querors; and whined out^ ^ justiftosdion) that thou^ they had imited with 
others, in seekii^ a constitutkHial redress of grievances, ttiey approved not 
thejneasures latdy adopted, and were ok all time? opposed to independenocf 

General Washington having secured his bagg^ and -stores, and finding 
Comwallis pause at Brunswick, he, on the 6th c? December, detached twelve 
hundred men to Prinoeton> in hope, that by appearing ta advance, he might 
not only delay die progress of the British, but in some degree, oov^ the 
country and re*animale thepeople of New Jersey. 

XVI. The exertions of General Mifflin, though making little impression 

•Marehall. 

t Dr. Ramsav has given to politicAl infamy, tb« namoa of GaHowaj and Allen, of 
Penn^lTania, he might have added those of Tucker, and othen, of New Jersey. 



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324 HISTORY OP NEW JERSEY. 

OIL the state of P^uisyIvhiu^ at large, were highly suooessfhl In Phiiadcdpliia* 
A large {)roportiQn of that city, capable of bearujjsf arms, had associated for 
the defence of the country; and^flfleen hundred now marched to Trenton. A 
Germsm battalicm was also^ordered by Congress to the sa^e place. On re- 
ceiving this reinforcenieht, Washington commenced his march to Princeton ; 
but before he could reach it, he received intelligence that Lord Oomwalli% 
aisct, strongly rednforced, wa^ rapidly advandng-from Brunswick by different 
routes to get info his rear. Thus a retreat even across the JDelaware, became 
indispens^le. 

On the 8th of December, having secured the boats, and broken down the 
bridges on the roads leading a](Hig the Jersey shore, he posted his army on . 
the western bank in such a manner, as to obeervie the fords by which the 
enenfiy must pass. As the Americaji rear guard^crosi^ the river, the Britii^ 
army came in sight The main body halted at Trenton, whence detach- 
ment^ were thrown odt aboye and bdow, so as to render iincertain where 
they might attempt |o pass. Small partis, unimpeded by the people of the 
country, reconnoitr^ the river for a considerable distance. If the British 
general as reported, luuj brought boats with him, it would have been impos* 
aible for Washington, with his small force, to prevent the passage. From 
Bordentown, four miles beloiy T^nton, theDela^waie tarns westward, ^nd 
forms an acute angle with' its uppe/ course, so tbit Comwallis might gtobs 
high up and be as near Plnladelphia ibis the .^jnerican aitny. For this reascx), 
muihington advised, that lines of defence should be drawn from the Schuyl-- 
Hill about the heights of Springetsbury, eastifa^ to the Delaware, and Gen* 
oral Putnam was ^ordered to superintend tl^m. General Mifflin, who had 
just returned to camp, was again despatched to the city to take chai^of the 
numerous stores it contained. ' 

Comwallis made some unsuccessfol attempts to seise a number of boats, 
guarded by Lord Stirling^ abotit IJoryell's. Feriy ; and having rqudred the- 
bridges bebw Trentcm, advanced a strong detaduinant to Bordentown, de- 
monstrating the design of crossing .the nver at points above and below 
Trenton, and to march in two columns, directly, to. Philadelphia; or com* 
pletely to envelope the American army. 

To counteract this plan, some galleys word stationed, so as to communi* 
cate the earliest intelligence of movements below, aod to af^ aid in re^l* 
ling an attempt to cross the river, whilst the commander-in-chief made other 
iSspositions to prevent the passage abpve, which,' he believ^, the real object 
of the enemy. Four bpgades under Generals Lor4 Stirling, Mercer, Ste- 
phens, and Be Fermoy, were posted from Yardley's to Corydl's Ferry, in 
0uch manner as to guard every suspicious point of the river, and to assist each 
other in case of a^aoi. General Irvine, with the Penn^lvania renmant of 
^ flying camp, and some Jersey militia under General Dickenson, were 
posted from Y&rdley's down to the forry opposite Bordodtown^ Colonel 
Cadwalader, brother of him taken at Fort Washington, with the Pennsyl- 
vania militia, occupied the ground on either side of the Neshaminy as far as 
Dunk's Ferry, wWe Colonel Nixon was posted with the third Philadelphia 
battalion. Precise carders were given to the commanding officer of^ each de- 
tachment for his conduct, directing his route in case he should be driven 
from his post, and the passes he should endeavour to deiwd, on his way to 
the high grounds of Germantown, where fbe army was to rendezvous if 
forced from the river. 

In the mean time. General Washington continued his exertions to aug- 
ment his army. iSxpresses were sent through the counties of Pennsylvania, 
and to the governments of Delaware and Maryland, urging them to forward 
their militia without dday. General Mifflin, whose popukr eloquence had 



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fflSTORY OP NEW JERSEY. 226 

been most serviceable, was again directed to repair immediately to the neigh- 
bouring counties, and Congress declared it of the highest importance, thai he 
should make a progress through the state of Pennsylvania, to rouse its free- 
men to the immediate defence of the city and country ; naming a committee 
to assist him in the good and necessary work. General Armstrong of Penn- 
sylvania, was, at the same time, despatched by General Washington, into 
that part of the state, where he possessed most influence. In the hope of 
thus obtaining adequate force, even for offensive operations. General Heath 
was called from Peck's-kill, and General Gates oitlered on with regulars of 
the northern army. 

XVII. Although General Lee had been frequently directed to join the 
commander-in-chief, he tardily obeyed, manifesting a strong disposition to 
retain his separate command, and rather to hang on, and threaten the 
rear of the British army, than to strengthen that in their front. With this 
view, in opposition to the judgment of Washington, he proposed to establish 
himself at Morristown. ^ain urged to march, still declaring his opinion in 
favour of his own proposition, he proceeded, reluctantly, towards the Dela- 
ware. Whilst passing through Morris county, near Baskingridge, at the 
distance of about twenty miles from the British encampment, he, very indis- 
creetly, quartered, under a slight guard, in a house about three miles from his 
troops. Information of this circumstance was given, by a countryman, to 
Colonel Harcourt, then, with a body of cavalry, watching his movements, 
who, immediately, formed and executed the design of seizing him. Early in . 
the morning of the twelfth of December, by a rapid march, his corps reached 
Lee*s quarters. The general, receiving no intimation of his approach, until 
the house was surrounded, became a prisoner, and was borne off in triumph 
to the British army ; where, for some time, he was treated, not as a prisoner 
of war, but as a deserter from the British service. 

This misfortune made a painful impression throughout America. The 
confidence, originally placed m General Lee, alike due to his experience and 
talents, had b^n increased by his success, whilst commanding the southern, 
department, and by the conviction, that his advice, to which was ascribed the 
operations in New York, which defeated the plans of General Howe, would, 
if more closely followed, have prevented the losses at Fort Washington and 
Fort Lee. No officer, save the commmander-in-chief^ had so large a share 
of the confidence of the army and country, and his capture was universally 
bewailed, as the greatest calamity w^ich had befallen the American arms. 

XVIII. General Sullivan, on whom the command devolved afler the loss 
of Lee, promptly obeying the orders which had been given to^at officer^ 
joined Washington, by the way of Phillipsburg, on the twentieth of Decem- 
ber. On the same day, General Gates arrived with some northern troops. 
By these and other reinforcements, the American army was augmented to 
about seven thousand effective men. 

Having failed to obtain boats for crossing the Delaware, the British gene- 
ral determined to close the campaign, and retire into winter quarters. About 
four thousand men were cantoned, on the Delaware at Trenton and Borden- 
town, at the White Horse and Mount Holly ; and the remainder of the army 
was distributed from that river to the Hackensack. Still, Washington be- 
lieved, that an attempt to gain Philadelphia would be made, should the ice 
become sufficiently firm to beer the army. He supposed, also, that one of 
the objects of General Howe, in covering so large a portion of New Jersey, 
was to impede the recruiting service. To counteract this, three regiments 
marchmg from PeckVkill, were halted at Morristown, and united jrith about 
eight hundred Jersey militia, who had collected at the same p^ce, under 
Colonel Ford, the whole being placed under the command of General Max- 
2F 

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d2i HISTORY OF NEW JERSEY. 

well of New Jersey. He had orders to watch flie motions of the enemy, to 
baMBs their niarch^, give intelligence of their movements, especially, oT 
such as might be made from Brunswick towards Princeton or Trent<m, to 
keep up the spirits of the militia, and to prevent the inhabitants from goio^ 
within the British lines, from making their submission, and taking protec- 
tions. * 

Whilst these measures were in progress, the commander-in-chief laboured 
to impress tipon Congress, the necessity of still further exertions to form a 
permanent army, particularly, to increase the cavalry, artillery, and engi- 
neers, and, also, to enlarge his own powers, which were incompetent to 
many cases that daily occurred. The moment was certainly one of fearAii 
interest. The existmg army, except a few regiments from Virginia, Penn- 
sylvania, Maryland, and New York, affording an efiective force of about 
Meen hundred men, would dissolve in a few days. New Jersey had, in a 
great measure, submitted, and the militia of Pennsylvania had not displayed 
Sie alacrity which had been expected ; and should the frost bridge the Dela- 
ware, it was to be dreaded, that General Howe would seize Philadelphia, 
and that its capture might induce the belief, that the contest had become 
desperate. 

XIX. But even this deepest gloom had its ray of hope, — the first beam of 
a rising sun of unparalleled brightness. In the dispersed situation of the 
British army. General Washington perceived the opportunity of striking a 
Wow which might retrieve the holy cause, in the public opinion, and recover 
the ground he had lost. He formed the daring plan of attacking, at the same 
instant, all the British posts on the Delaware. If successful ia whole or in 
part, he would erase the impression made by. his losses and i^etreat, would 
compel his adversary to compress himself so, as no longer to cover New 
Jersey, and would remove from Philadelphia the imminent danger which 
threatened it. The merit of having originally suggested this attack, may, 
according to Dr. Gordon, be claimed for General Joseph Reed.* 
• Washington proposed to cross the river, in the night, at M*Konky's Ferrf , 
about nine miles above Trenton, with four thousand troops, under his own 
immediate command, assisted by Grenerals Sullivan and Greene, and Colonel 
Knox, of the artillery ; to march down in two divisions, one by the river, and 
the other by the Pennington road, both leading to the town, — and that they 
might reach their destination by five o'clock of the next day, to pass them 
over the river by twelve o'clock. General Irvme was directed to cross at 
the Trenton Ferry, and to secure the bridge below the town, to prevent the 
escape of my part of the enemy by that road; and General Cadwalader to 
pfess at Dunks' Ferry, and carry the post at Mount Holly. It had been de- 
signed to unite the troops engaged in fortifying the city of Philadelphia, with 
those of Bristol, and to place them under the command of General Putnam ; 
but there were such indications, in that city, of an insurrection in favour of 
the royal cause, that it was deemed unsafe to withdraw them. 

The weather, on the night of the twenty-fifth of December, was very 
severe; mingled snow, hail, and rain, fell in great quantities, and so much 
ice was made in the river, that, the division passing at M*Konky's Ferry 
could not be gotten over, before three o'clock, and it was nea> four, before 
the line of march could be taken up. As the distance by either road to 
Trenton was the same, it was supposed that each column would arrive there 
about the same time. Orders were, therefore, given to attack at the instant 
of arrival, and after driving in the out-guards, to press rapidly after them into 
the town, so as to prevent the main body from forming. 

* Gordon*! Amorican Ravdotion, vol. ii. p. 391. 

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HISTORY OF NEW JERSEY. 227 

General Washington accompanied the upper column ; and arrived at the 
out*po8t on that i^ad precisely at eight o'clock. He immediately drove it in, 
and in three minutes heard the discharge from the column on the river road* 
The picket guard kept up a fire from behind houses a^ they retreated, but the 
Americans followed with such ardour and rapidity, that they could make no 
stand. Colonel Rawle,* a gallant officer who commanded in Trenton, pa- 
raded his men, in order to meet the assailants. In the commencement of the ._y 
action he was mortally wounded ; upon which his troops attempted to file ofi* ^ 
from the right, and gain the road to Princeton. Washington threw a de- 
tachment in their front, and at the same time advanced rapidly on tbem in 
person. Being surrounded, and their artillery already seiz^, they laid 
down their arms, and surrendered themselves prisoners of war. 

Unfortunately, the quantity of ice rendered it imnracticable for General 
Irvine to execute the part of the plan allotted to tum. He was unable to 
cross the river; and of consequence the lower road towards Bordentown 
remained open. About five hundred men, among whom was a troop of 
cavabry, stationed at the lower end of Trenton, availed themselves of this 
circumstance, and crossing the bridge in the commencement of the action, 
escaped. The same cause prevented General Cadwalader from attacking 
the post at Mount Holly. With infinite difiiculty, he got over a part of his 
infantry; but it being impracticable to transport the artillery, the infantry 
returned*! 

Although in consequence of the extreme severity of the night, the plan 
foiled in many of its parts, the success attending that assumed by General 
Washin^on in person was complete. One thousand of the enemy were 
made prisoners, and as many stands of arms, with six field pieces, were se- 
cured. About twenty of the enemy were killed, including officers. On the 
part of the Americans, two privates were killed, two frozen to death, and 
one officer, and three or four privates, were wounded. « 

Had the divisions of Greneral Irvine and Cadwalader crossed the river, the 
British would, probably, haye been swept from the banks of the Delaware^ 
and Washington would have taken a position in the Jerseys. But it wa» 
now deemed unadvisable to hazard the loss of the advantage already gained, « 
and the joeneral cros^ the river with the prisoners and stores he had taken. 

XX. The British eommander was greatly astonished by thi» unexpected, A 
display of vigour on the part of the American Gean^l. Knowing the en- 
feebled condition of his army, and the expectation of its immediate dissolu- 
tion, he had supposed th^war ahnost at an end ; and, probably, looked for- 
ward to a triumph at Philadelphia, so soon as the river Delaware should be 
rendered passable by frost, when this energetic apparition, as if from Hie 
dead, awakened him from a delightful dream. He determined; though in the 
depth of winter, to recommence active operations; and Lord Tllomwallis, 
who had retired to New York, for the purpose of embarking for Europe, 
suspended his departure and returned, to the Jerseys, in great force, for thflg 
purpose of regaining the ground which had been lost. 

Meanwhile, Count Donop, who commanded the troops posted below' 

* Quere? Rahl. 

t Manhall. Waih. Lett. 

t How practicable this would have been, appeara from the following fact. Oolon«l 
Reed, who was with the diyision of Cadwalader, passed the ferry with the van of the 
infantry. He immediately despatched some trusty persons to examine the sltaation of 
the troops at Moant Houy. The report made by his messenger was, that they had 
looked into several houses in which the soldiers were quartered, and had founA them, 



Sinerally, &8t asleep, under the influence, as was conceived, m the spiq^tnous fiquors 
sgr had drank the precedinf day, which was Christmas. That there Scared to be 
no apfmhension of danger, nor precautions against it. 



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228 fflSTORY OF NEW JERSEY. 

^^nton, learning the disaster which had befallen Colonel Rawle, imme- 
diately commenced Ms retreat by the road leading to Amboy, and joined 
Greneral Leslie at Princeton. The next day General Cadwalader took post 
on the Jersey shore, with orders to harass the enemy if he could do so safely, 
but to put nothing to hazard until he should be joined by the continental bat- 
talions. General' Mifflin now joined General Irvine with a detachment of 
Pennsylvania militia, amounting to about fifteen hundred men, who were also 
ordered to cross the Delaware. 

XXV. Once more at the head of a force with which he might attempt 
somediingt the general-in-chief resolved not to remain inactive. Inferior as 
he was to the enemy, he yet determined to employ the winter in endeavour- 
ing to recover the whole, or the greater part of Jersey. 

With this view, he ordered General Heath, at Peck's-kill, on the North 
river, to leave a small detachment of troops at that place, and, with the main 
body of the New England militia, to move into Jersey, and approach the 
BrWsh cantonments. General Maxwell was directed to collect the militia, 
to harass their flank and rear, and to attack their out-posts. Having made' 
these dispositions, Washington again crossed the Delaware, with his conti- 
nental regiments, and took post at Trenton. Here he exerted all his influ- 
ence to prevail on the troops from New England, whose terms of service ex- 
pired on the last day of December, to continue during the present exigency, 
and, with infinite difficulty, and a bounty of ten dollars, many were induced 
to re-engage for six weeks. 

The British were now (January, 17T7) collected in force at Princeton, 
under Lord Cornwallis, where some works were thrown up ; and, as they 
advanced a strong corps towards Trenton, and knew that the troops firom 
New England were entitled to be discharged, it was justly expected they 
would attack the American army. 

Generals Mifiin and Cadwalader, who lay at Bordentown and Cross- 
wicks, with three thousand six hundred militia, on the night of the first of 
January, joined the commander-in-chief, whose whole eflfective force, with this 
addition, did not exceed five thousand men. 

Lord Cornwallis advanced the next morning. About four o'clock in the 
afternoon, after some slight skirmishing with a small party detached to 
Maidenhead to harass and delay his march, his van reached Trenton, while 
the rea»was at Maidenhead, about halfway between Princeton and Trenton. 
On his approach, General Washirfgton retired*ficross the Assunpink, a 
creek which runs through the town, behind which he drew up his army. 
The British attempted to cross at several places, but the fords being guarded, 
tkey halted and kindled their fires. The American troops kindled their fires 
likewise, and a cannonade was kept up on both sides until dark. 

The situation of General Wsshington was, now, again extremely critical. 
If he mainta»Bd his present position, it was certain that he would be attack- 
ed, next moi^iilg, by a force, in all respects, superior to his own; and the 
result would, most prohaWy, be the destruction of his little army. If he at- 
tempted to retreat over the Delaware, now covered with ice, which, in con- 
sequence of ft few mild and foggy days, was not firm enough to march upon, 
a «pnsiderable loss, perhaps a total defeat, would be sustained. In any event, 
the Jerseys would once more be entirely in possession of the enemy; the 
public ^nd would again be depressed, recruiting be discouraged by his ap- 
parent inferiority ; and Philadelphia would a second time be in the grasp of 
General Howe. It was obvious, that the one event or the other would deduct 
greafty from the advantages promised by his late success ; and, if it should 
not render the Americaa cause, absolutely, desperate, would very essentially 
injure it. 



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HISTORY OF NEW JERSEY. 



f^9 

XXII. In this state of things, he fonned the hold and judicious design 
of abandoning the Delaware, and marching silently in the night by a cirou- 
tuous route, along the left flank of the British army, into their rear at Prince- 
ton, where he knew they could not be very strong. After beating them 
there, he proposed to make a rapid movement to Brunswick, where their 
baggage and principal magazines lay, under a weak guard. 

A council of war having approved this plan, preparations were imme- 
diately made for its execution. As soon as it was cburk, the baggage was 
removed silently to Burlington; and about one o'clock in the morning of Ae 
third, after renewing their ftres, and leaving their guards at the bri^ and 
other passes over the creek, the army decamped with perfect secrecy, taking 
the Quaker road to Princeton. Here, three British regiments had encamped 
the preceding night, two of which commenced their march early, in the morn- 
ing to join the rear of their army at Maidenhead. About sunrise,* when 
they had proceeded about two miles, they saw the Americans advancing on 
the left, in a direction which would enter the road in their rear. They iov 
mediately faced about, and, repassing Stonybrook, moved under cover of a 
copse of woods towards the Americans, whose van was conducted by Grene- 
ral Mercer. A sharp action ensued, which, however, was not of long dura- 
tion. The militia, of which the advanced party was principally composed, 
soon gave way, and the few regulars attached to them were not strong 
enough to maintain their ground. While gallantly exerting himself to rally 
his broken troops. General Mercer was mortally wounded, and the van was 
entirely routed. But the fortune of the day was soon changed* The main 
body of the army, led by General Washington in person, followed close in 
the rear, and attacked the enemy with great spirit. Persuaded that defeat 
would irretrievably ruin the aftairs of America, he advanced in the very 
front of the battle, and exposed himself to the hottest ftre of the enemy. He 
was so well supported by the same troops who, a few days bcibre, had served 
at Trenton, that the British, in turn, were compelled .to give way. Their 
line was broken, and the two regiments separated from each other. Ck>lonel 
Mawhood, who commanded that in front, and who, being, therefore, on the 
right, was nearest the rear division of the €urmy under Lord Cornwallis, re- 
tired to the main road and continued his route to Maidenhead. The fifty- 
fifth regiment, which was on the British left, being hard pressed, fled, in con- 
fusion, across the fields euid great road, into a b€ick road leading between 
Hillsborough and Kingston towards Brunswick.f The vicinity of the British* 
forces at Maidenhead, secured Colonel Mawhood from pursuit, and General 
Washington pressed forward to Princeton. The regiment temaining in theit 
place took post in the college, and made some show of resistance ; but the 
artillery being brought up, it was abandoned, and the greater part of them 
were made prisoners. A few saved themselves by a precipitate retreat to 
Brunswick. 

In this action, upwards of one hundred of the British were killed, and 
near three hundred were taken prisoners. The loss of the Americans in 
killed was somewhat less, but in this number was included General Mercer, 

* " The inarch of the army had been rendered much more expeditions, than it ccnAA 
otherwise have been, by a fortunate change of weather. On the evening of the 
second, it became excessively cold, and the roads which had become soft, were ren- 
dered as hard as pavement." 

t ** This account of the battle of Pdaceton varies, in some of its eircumstances, 
especially in the manner of meetinfr ihe enemy, from that originally given. The 
papers in possessioa of the author do not state the relative situation of the armies 
when the action commenced. He is indebted for that information to a fay inlilli- 
gent friend, to whom he feels great obligation, which it gives him much gratification 
to acknowledge."— ifar^ftoZ^. 



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S80 HISTORY OF NEW JEKSEi. 

ft very valuable office from Virginia, who had served with the commander* 
^^hief in the war against the French and Indians, which temunated in 
irod, and was greatly esteemed by him. Colonels Haslett and Pottery 
brave and excellent officers from Delaware and Pennsylvania; Captain 
Neal of the artillery, Captain Fleming, who on that day commanded the 
seventh Virginia regiment, and five other valuable cheers, were also amoiig 
the slain. 

On the appearance of dayhght,* Lord Comwallis discovered that the 
American army had moved off in the night, and immediately concaved the 
plan of Washington. He was under extreme apprehension for Brunswick, 
where were magazines of great value, with the military chest containing 
about seventy thousand poimds. Breaking up his camp, he commenced a 
rapid march to that place, for the purpose of affording it protectbn; and was 
close in the rear of the American army before it could leave Princeton. 

XXIII. General Washington was again in a very perilous situation. His 
small army was exhausted with extreme fiitigue. His troops had been 
without sleep, all of them one night, and some of them two. They were 
without blankets ; many of them Surefooted, and otherwise thinly clad ; and 
he was eighteen miles from his point of destination. He was clofiely pursued 
by an enemy, much superior in point of numbers, well clothed and fresh, 
and who must necessarily ooms up with him before he could accomplish 
lus designs on Brunswick, if any opposition should there be made to him. 
He» therefore, wisely, determined to abandon the remaining part of his plan ;f 
and breaking down the Bridges over Millstone Cre^, between Princeton and 
Brunswick, ne took the road leading up the country to Pluckemin, where 
his troops were permitted to refresh themselves, and to take that rest which 
they so greatly required. Lord Comwallis continued his march to Bruns* 
wick, wluch he reached in the course of that night. General Matthews, who 
commanded at that place, had been greatly alarmed; and whfle he took 
measures to defend .himself, the utmost industry was used to remove the 
military stores to a place of greater safety. 

The sufferings of the American army had been so great, from the seve- 
rity of the season, and the active service in which they had been engaged; 

* " The tioM when this movement of the American annj was disoovered by Lord 
Comwallie, is taken from the British accounts. In the United States it was under- 
stood that the firing towards Princeton gave him the first intimation of the skilfol 
mancDUvre of the preceding night It was also ^nerally said at the time, that in the 
preceding eveninj^, when the British army reached Trenton, Sir William Erskine 
«rged an immediate attack, bat Lord Comwallis was disposed to defer it until the 
next morning, as his troops were fatigued by their day's march from Princeton, and 
the Americans were so hemmed in by the Delaware, ^Ued with ice, on one side, and 
Crosswick's Creek, which is navigable for sloops, in their rear, that a retreat was 
' Impossible, and he could make sure work in the morning. To this observation, Sir 
William is said to have replied, << If Washington is the ^neral I take him to be, hu 
army will not be found on its present ground m the morning.'* The author has lately 
received this anecdote in a manner which induces him to think it worthy of more 
credit, than he had suoposed it to be entitled to, while he received it merely as the 
report of the day." — Marshall. 

^ It is also an additional proof of the secrec]^ with which this manceuvre was eze- 
«ated, that some militia field ofiUcers who had retired into the rear, to get a good ni|4it'8 
sleep, were, next morning, absolutely unable to say, what had become of the Amencan 
army.*'— /Hi. 

t *< A council was held on horseback, and some gentlemen advised that he should 
file off to the southward. On crossing the Blillstone river at Kingston, Uie guides 
were directed to take the road leadinff to Ui# northward, through Hillsborou^, but 
htifn they reached Somerset court-honse, many of the infantry, ?^m out with (^ 
ti|ue, fawig and want of rest, lay down and fell asleep by the way. But the object 
o^Ljord Comwallis being to save Bmnswick, he did not turn aside to molest the Ame- 
rican army." — Ihid. 



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HISTORY OF NEW JERSEY. 381 

their complaints^ especially on die part of the militia, were so loud, theit 
numbers were reducing so fast, by returning home, and by sickness, thit 
General Washington found it impracticable, further to prosecute ofl^nsive 
operations. It was, therefore, deemed absolutely necessary to retire to Mor- 
ristown, in order to put his men under cover, and to give them some repose. 

The af^rs of Trenton and Princeton were represented, and considered 
as great victories. They were believed, by the l>ody of the people,* to evi- 
dence die superiority of their army, and of their general. The opinion that 
they were engaged in a hc^less contest, yielded to a confidence that proper 
exerti(»is on their part, would be crowned with ultimate success. 

This change of opinion relative to the issue of the war, was accompanied 
with an essential diange in conduct; and although the regiments required 
by Congress were not completed, they were made muck stronger than, before 
dii^ happy revolution in the aspect of public afiairs, was believed to have 
been possible. 

XXIV. Tlie firmness manifested by Congress throughout the gloomy and 
trying period which intervened between the loss of Fort Washmgton, and 
the battle of Princetcm, givjes the members of that period a just claim to the 
admiradon of the world, and to the gradtude of their fellow citizens. Un- 
awed by the dangers which threatened them, and r^ardless of personal 
safety, they did not for an instant admit the idea, that the independence they 
had declared was to be surrendered, and peace to be purchased by return- 
ing lo their ancient colonial situation. As the British army advanced through 
Jersey, and the consequent insecurity of Philadelphia rendered an adjourn- 
ment of Congress from that place to one further removed from the seat of 
war, a necessary measure of precaution, their exerdons seemed to incremie 
with their difficulties. They sought to remove the despondence which was 
seizing and paralyzing the public mind, by an address to the states, in which 
every argument was suggested which could rouse them to vigorous action. 
They made the most strenuous efibrts to animate the milida, and impel them 
to the field, by the ageiDcy of those whose popular eloquence best fitted them 
for such a service. 

When reassembled at Baltimore, their resoludons exhibited no evidences 
of confijsion or dismay; and the most judicious efibrts were made, by col- 
lecting, as soon as possible, a respectable military force, to repair the mis- 
chief produced by past errors. 

Declaring, that in the present situadon of things, the very existence of 
civil liberty depended on the right execution of military powers, to a vigorous 
(£recdon of which, distant, numerous, and deliberative bodi^ were entirely 
unequal, they authorized General Washington to raise sixteen additioniu 
regiments, and conferred upon him, for six months, powers for. the conduct 
of the war, which were almost unUmited.* 

XXV. And that no doubt might be entertained among foreign nations, 
and, particularly, in France, whose aid they were soliciting, Congress de- 
clared their determination, to listen to no terms founded on their resumption 
of the character of British subjects: but trusting the event to Providence, and 
risking all consequences, they resolved to adhere to the independence they 
had declared, and to the freedom of trade they had proposed to all nations. 
Copies of these resolutions were sent to the principal courts in Eitrope, and 
proper persons appointed to sohdt their friendship to the new ibrmed states* 
These despatches fell into the hands of the British, and by them were pub* 
lished; a circumstance, by no means, unacceptable to the Congress, who 
were persuaded, that an apprehension of an accommodation with Great 

* M«nbaU. 



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298 fflSTORY OF NEW JERSEY. 

Britain, was a principal objection to the interference of foreign courts, in 
mbat was represented to be no more than a domestic quarrel. A rese^ution, 
adopted in the worst fortune, that Congress would listen to no terms of re- 
union with the parent state, would, it was believed, convince those who 
. wished for the dismemberment of the British empire, that it was sound poAicy 
to prevent the conquest of the United States. 

XXVI. The favourable change in the affairs of the Americans, was in no 
place so sensibly felt as *in New Jersey, where the people suffered all the 
horrors which could flow from a licentious and almost unrestrained soldiery. 
When the royal army entered Jersey, the inhabitants, pretty generally, 
remained in their houses, and many thousands received printed protections, 
signed by order of the British commander-in-chief. This event, in the lan- 
guage of Governor Livingston, ''enabled the patriots more efiectually to 
distinguish their friends from their enemies. It winnowed the chafl' front the 
grain. It discriminated the temporizing politician, who, on the first appear- 
ance of danger, d^eripined to secure his idol — property, at the hazard of the 
general weal, fh)m the persevering patriot, who, having embarked his all in 
the common cause, chose rather, to risk, rather, to lose that all for the pre- 
servation of the more inestimable treasure Liberty, than to possess it upon the 
ignominious terms of tamely resigning his country and posterity to perpetuqj 
servitude." But it did more, " It opened the eyes of those who were made to 
believe that their impious merit in abetting the persecutors, would exempt them 
from being involved in the common calamity."* Neither the procleunation 
of the commissioners, nor protections, saved the people from plunder, or in- 
sult. Their property was taken and destroyed without distinction of persons. 
"Ehey exhibited their protections, but the Hessians could not read and would 
not understand them, and the British soldiers deemed it foul disgrace that the 
Hessians should be the only plunderers. Discontents and murmurs increased 
every hour with the ravages of both, which were almost sanctioned by ge- 
neral orders,t and which spared neither friend nor foe. Neither age nor sex 
protected from outrage. Infants, children, old men, and women, were left 
naked and exposed, without a blanket to cover them from the inclemency of 
winter. Furniture which could not be carried away, was wantonly destroyed; 
dwellings and out-houses burned, or rendered uninhabitable; churches, and 
other public buildings consumed; and the rape of women, and even very 
young girls filled the measure of woe. Such miseries are the usual fate of 
the conquered, nor were they inflicted witli less reserve, that the patients 
were rebellious subjects. But even the worm will turn upon the oppressor. 
Had every citizen been secured in his rights, protected in his property, and 
paid for his si^plies, the consequence might have been' fatal to the cause of 
independence. What the earnest commendations of Congress, the zealous 
exertions of Governor Livingston, and the state authorities, iand the ardent 
supplications of Washington could not eflect, was produced by the rapine and 
devastations of the royal forces. 

The whole country became instantly hostile to the invaders. Sufierers 
of all parties rose as one man to revenge their personal injuries. Those who 
from age and infirmities were incapable of military service, kept a strict 
watch upon the movements of the royal army, and from time to time, com- 

* Livingston's Address to the Assembly, 28th February, 1777. 

t The orders of General Howe to Count Donop, directed that ''all salted and meal 
provisions, which may be judged to exceed the quantity necessary for the subsistence 
of an ordinary family, shall be considered a magazine of the enemy, and seized for the 
Kinff, and ffiyen to the troops as a saving for the public." Under such an order, the 
picUing tuM, and gsQiers of every Jersey farmer became lawful prize; the captor 
beinf judge of the necessary quantity for the family subsistence. 



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HISTORY OF NEW JERSEY. 288 

municated infonnatioD to their countrymen in arms. Those who lately de- 
clined all opposition though called on by the sacred tie of honour, pledged to 
each other in the declaration of independence, cheerfully emboched, what 
they found submission to be unavailing for the security of their estates. This 
is not to be attributed wholly to the victories of Trenton and Princeton. In 
the very moment of these actions, or before the results were known, indi- 
viduab, ignorant of Washington's movements, concerted insurrections to re- 
v^ige their peculiar injuries. The contest had its source in the unrighteous 
claim of the British statesmen, to appropriate the property of the colonists 
against their consent. It was reanimated by a new and direct application of 
the principle by the British army. Men who could not apprehend the oon- 
sequences of British taxation, nor of American independence, could feel the 
injuries inflicted by insolent, and cruel, and brutal soldiers. The militia of 
New Jersey, who had hitherto behaved shamefully, from this time forward, 
generally, acquired high reputation ; and throughout a long and tedious war, 
conducted themselves with spirit and discipline scarce surpassed by the regu- 
lar troops.* In small parties they now scoured the country in every direc- 
tion, seized on stragglers, in several slight skirmishes behaved unexceptionably 
well, and collected in such numbers as to threaten the weaker British posts, 
with the fate which those at Trenton and Princeton had already experienced. 
In a few days, indeed, the Americans had overrun the Jerseys. The enemy 
was forced from Woodbridge; General Maxwell surprised Elizabethtown, 
and took near one hundred prisoners with a quantity of baggage; Newark 
was abandoned, and the royal troops were confined to New Brunswick and 
Amboy, judiciously selected for the double purpose of again penetrating the 
country, and of keeping up a safe communication with New York. Within 
four days after the afl&ir at Princeton, between forty and fifty Waldeck^w 
were killed, wounded, or taken, at Springfield, by an equal number of the 
same Jersey militia, which but a month before, had abandoned all opposition. 
This enterprise was conducted by Colonel Spencer, whose gallantry was re- 
warded with the command of a raiment. On the 20th of January, General 
Dickenson, with about four hundred militia, and fifly of the Pennsylvania 
riflemen, defeated near Somerset court-house, on the Millstone river, a forag- 
ing party of the enemy of about equal number, and took forty wagons, 
upwards of one hundred horses, and many cattle and sheep, which they had 
collected. They retreated so precipitately, that he made but nine prisoners, 
but many dead and wounded were carried oft* in light wagons. The general 
received much praise for his courage and conduct; for though his troops 
were raw, he led them through the river middle deep, and charged with so 
much impetuosity, that the enemy, notwithstanding he had three field pieces, 
gave way and left the convoy. About a month after this aflair, Colonel 
Neilson of New Brunswick, with a detachment of one hundred and fifty 
militia, surprised and captured Major Stockton, (one of the numerous ftunily 
of that name, who, from his treachery, was called *< double Dick,") at the 
head of fifty-nine privates, refugees, in British pay. 

The three months which followed the battle of Trenton, passed away 
without any important military enterprise, other than we have described. 
Major-general Putnam took post at Princeton, in order to cover the country 
in the vicinity. He had only a few hundred troops, though he was no more 
than eighteen miles distant from the strong garrison of the British at Bruns- 
wick. At one period, he Jiad fewer men for duty, than miles of frontier to 
guard. The situation of General Washington at Morristown, was not more 
eligible. His force was inconsiderable, compared with that of the British ; 

* RainiMiy. 
2G 



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284 HISTORY OF NEW JERSEY. 

but the enemy and hb own countrymen believed the contrary. Their de- 
ception was chenahed and artfully continued by (he specious parade of a 
numerous army. The officers, in positions difficult of access, by a ccmstaDi 
communieation with each other, secured themselves from insult and surprise. 

3KVI. While the enemy was thus surrounded, and harassed by an al- 
'mOBt imaginary army, whc^ parts disappeared at the approach of any con- 
siderable force, but instantly presented themselves when that force retreated. 
General Washington came to the hazardous, but judicious, resolution, of de> 
livering himself and his future force from the dr^ of a calamity, which he 
could not elude, and which had been more fatal in his camp, than the sword 
of the enemy. 

The smaU-pox, of all the agents of death, was the most painful and hideous. 
InoculatioD had not yet in America, stripped it of its terrors; nor vaccina- 
tion rendered it impotent. In despite of the utmost vigilance, it had pene- 
trated to the northern and middle armies, and impaired the strength of both.. 
In the northern, especially, its havoc had been so great, that the delay, re« 
quisite to obtain the command of Lake Champlain, alone, prevented the Bri- 
tish army from reaching the Hudson. To neutralize the virulence of the 
pest, inoculation was now resorted to. With all possible secrecy, prepara- 
tions were made to give the infection to the troops in camp, at Philadelphia, 
and other places; and thus an army was procured exempt from a calamity, 
the very ftiur of which endangered the most important operations. 

XXVII. The hostile spirit which now displayed itself in the State of New 
Jersey, was encouraged by a politic and humane proclamation, issued by the 
coramander-in.chief, about the last of January, directed to those who had 
submitted to, and taken protection from, the enemy ; discharging the obliga* 
tioDS created by their oaths of allegiance to the king, and requiring them to 
repair to head quarters, or to the quarters of the nearest general officer, and 
to swear allegiance to the United States, as the condition of a fhll pardon. 
An act of Assembly, conceived m the same spirit, was passed a few 
months after. The beneficial effects of these measures were soon visible. 
The people flocked in from every quarter, to take the oaths ; but the L^is- 
lature could not, yet, be induced to pass an act, to bring the militia certainly 
into the field. 

XXVIII. Amid these testimonies of reviving patriotism, it is painful to 
record the crimes which were committed by American soldiers, and which 
were but too much encouraged by the heterogeneous organization of the 
army; for the correction of which, General Washington found it necessary, 
by proclamation, to prohibit, " both in the militia and continental troops, in 
the most positive terms, the infamous practices of plundering the inhal^ants, 
under the specious pretence of their being tories. It is our duty," continued 
the proclamation, " to give protection and support to the poor, distressed 
inhalMtants, not to multiply their calamities. After this order, any officer 
found plundering the inhabitants, under the pretence of their being tories, 
mi^y expect to be punished in the severest manner." 



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HISTORY OF NEW JERSEY. M6 



CHAPTER XIV. 

I. Omnization of the New Jener State Government— II. First Addreu of th* 
Ctoyemor— Other principal OmcerB.— III. Condition of the State at thii period. 
IV. State of the Northern Department— Operations on the Lakea.— V. The Bri- 
tiih aeize Rhode Island. — VI. Demonstration of General Heath, on Lonjr Island. 
— Condition of the American Army, in New Jersey — Skirmishing. — Vfl. Early 
eflbrts of Sir William Howe, to destroy the American M&£azines--Stores homed 
at Peck's-kill— at Danbiury.— VIII. Successful enterprise of Colonel Meigs, 
vainst SagffHarbour. — lA. Movements of General Washin^n, on opening ue 
Campaign—^lemoyal of the Army to Middlebrook — Disposition of the Troops. 
X. Operations of the Army under General Howe — Feint to cross the Delaware — 
Retreat fVom New Jersey — Returns, and attacks the American Army. — XI. Per- 
plexity of Washington , caused by the Moyements of the British Forces.— XII. Ctf- 
tore oTMajor-^neral Prescottjby Major Barton. — XIII. General Howe embarks 
Ibr the southward — Measures of Washington thereon. — XIV. Attempt of General 
Sullivan, with Colonel Offden, upon the Tories on Staten Island.— XV. Arrival of 
the British Army at Elk River — its Progress — Operations of the American Army- 
Battle of Brandy wine. — XVI. Subsequent movement of the Armies. — XVII. Se- 
cond encounter of the hostile Annies — they are separated by rain. — XVIII. Af- 
iairt of Paoll.— XIX. The British enter Philadelplaa.— XX. Congress remove to 
Lancaster, thence to Tork.— XXI. Attack and defence of the Fortifications on the 
Delaware— XXII. BattleofGermantown.— XXIII. Operations in New Jersey.— 
XXIV. Further proceedings on the Delaware. — XXV. Repulse of Count Donop, 
from Fort Mercer. — XXVl. General Greene despatched to New Jersey. — 
XXVII. Capture of Fort Mifflin, and abandonment of Fort Mercer.— XX VIll. At- 
tempt of Genera] Dickenson on Staten Island. — XXIX. American Army rein- 
ibrced.— XXX. Attacked at White Marsh, by the British.— XXXI. The Ameri- 
can Army retires into Winter Quarters.— AXXH. English plans for the North- 
em Campaign. — XXXIII. Condition of the American Nortnem Department. — 
XXXIV. Burgoyne captures the Forts on the Lakes, and disperses the American 
Army. — XXaV. Recuperative measures of General Schuyler. — XXXVI. Re- 
pulse of St Leger, from Fort Schuyler.— XXXVII. Defeat of Colonel Baum, 
at Bennington.— XXXVIII. Beneficial result of these fortunate EvenU — 
XXXIX. Battles on the Hudson, and Capture of Burgoyne. — XL. Movements 
of Sir Henry Clinton, in the Highlands.— XLI. Effect of the Capture of Bur- 

Syne— at home and abroad.— XLII. Congress refuse to execute the Articles of 
ipitolation— their reasons. 

L The first Legislature of independent New Jersey, convened at Prince- 
ton, on the 27th of August, 1776, John Stephens was elected vice-president 
of the Council, and John Hart, speaker of the House of Representatives; 
and on the 31st of the month, William Livingston, Esq., was chosen in joint 
ballot, governor of the new State. This appointment removed him from a 
military command, at Elizabethtown, alike incompatible with his years, his 
habits, and his previous studies, to one, for which the employments of his life 
had admirably prepared him. On the first ballot, the votes were equally 
divided, between him and Richard Stockton; but on the second, on the suo- 
oeeding day, he had a majority, of how many does not appear.* His rival, 

♦ Dr. Gordon, (Hist RevoluUon, vol. H. p. 300,) says—" There was an equal num- 
ber of votes for him and Mr. Stockton; but the latter having, just at the moment, 
refiised to fiimish his team of horses, for the service of the public, and the Legislal^ 
omning to the knowledge, the choice of Mr. Livingston took place immediacy.*'— 
Mr. Sedgwick, in his life of Governor Livingston, very properly repudiates this rea- 
aoii, and observes—^' i am tekl by a person formerly intimate with John Cleve Symmes, 
•I tlu0 time a member of council, that he had often said between jest and earnest, 
* thai he had made Mr. Livingston governor.' Whether by this, is meant, that, on the 



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236 HISTORY OF NEW JERSEY. 

who, previous to the revolution, held a seat on the bench of the Supreme 
Court, was named chief-justice, but he refused the office. Governor 
Livingston continued to fulfil the duties of the executive, from this period 
until his death, a space of fourteen years, being annually re-elected, either, 
unanimously, or by large majorities. 

II. His first address to the Assembly, displays that deep devotion to liber- 
ty, that religious confidence in final success, that inextinguishable hatred of 
British oppression, with that attention to afiairs, which made him one of the 
most efficient agents of American deliverance. "Let us, gentlemen," so 
closes this earnest call for their warmest sympathy, and most vigorous exer* 
tions, in the American cause, " both by precept and practice, encourage a 
spirit of economy, industry and patriotism, and that public integrity and 
righteousness, wUeh cannot fail to exalt a nation ; setting our feces, at the 
same time, like a fiinty agamst that dissoluteness of manners and political 
corruption, which will ever be the reproach of any people. May the founda- 
tion of our infant Stale, be laid in virtue and the fear of God — and the supers 
structure will rise glorious, and endure for ages. Then may we humbly 
expect the blessing of the Most High, who dimdes to the nations their inhe- 
ritance, and separcUCM the sons of Adam.* In fine, gentlemen, whilst we 
are applauded by the whole world, for demolishing the old fabric, rotten and 
ruinous as it is, let us unitedly strive to approve ourselves master builders, 
by giving beauty, strength and stability to the new."t 

^nie other principal officers chosen for the organisation of the govern- 
ment were, John De Hart, chief justice, Stunuel Tucker, second, and Francis 
Hopkinson, third justices, and Jonathan D. Sergeant, clerk of the Supreme 
Court; Charies Petit secretary of state, and Richard Smith treasurer. Mr. 
De Hart refusing the ofl^ce of chief justice, Mr. Robert Morris was appointed ; 
the place of Mr. Tucker upon his ^Hnation, was given to Isaac Smith, and 
that of Mr. Hopkinson, on his acceptance of the admiralty in Philadelphia, 
was filled by John Cleves Sysames ; Mr. Sergeant refusing to act as clerk, 
Bowes Reed was appointed. 

ni. The officers however, were continually changing, both military and 
civil ; and for the services of the latter, there was at this period, but too little 
occa8k>n* The campaign of 1776, was the most trying period of. the war, 
and drew largely upon the ability and fortitude of the governor and other 
constituted authorities of the state. On the 16th September, the city of New 
York fell into the hands of the enemy. Two months were consumed by the 
hostile armies on the east bank of the Hudson. But when, on the 10th of 
November, the fall of Fort Washington was followed by the passage of the 
North river, by the British forces under Comwallis, by the abandonment of 
Fort Lee, and the rapid retreat of the American army, the scene of action 
was immediately transferred to the heart of New Jersey, 

Governor Livingston made the most strenuous exertions with the Assem- 
bly and with the people^ to have the militia in the field to oppose the invading 
force* But it was not practicable to control the panic which had seized upon 
the mass of the population. The barefooted, and almost naked continastal 

final vote, Governor Livingston had only a bare majority, or that Mr. SvmmeB in- 
duced the adherents of Mr. Stockton to join those who were in favour of his rival, I 
doubt whether there are now any means of ascertaininir." — p. 206. n. 

• Deut. xxxU. 8. -» f 

t Votes of Assembly. From an e^i^ression in this paragraph, and his inflexible dis- 
position, the governor was, for some time after this, known by the name of Dr. FUmt; 
and an anecdote is told of Mr. Ames, who, in some momentary confusion of ideas, at 
a dinner in New Tork, where he met Governor Livingston, asked Dr. FUnt, whether 
the town of Trenton was weU or ill disposed to the new constitution.— 6bdMci^*« 
UnrirngMttm^ 907. 



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fflSTORY OF NEW JERSEY. 297 

armv, retreating before the well appointed battalions of the enemy^ impaired 
the confidence of the people, not less in the commander-in-chief, than in their 
own resources. The defenceless Legislature, with the governor at their 
head, removed from Princeton to Burlington, where they adjourned on the 
2d of December, each man retiring to his home, to take charge of his pecu- 
liar interests. There scarcely remained a vestige of the lately constituted 
government, or any who owed it allegiance; and until the battle «f Trenton, 
(26th December) New Jersey might have been considered a conquered 
country.* 

IV. Although the Americans had been driven from Canada, and the hope 
of its conquest, was, ibr the present abandoned, the defence of the northern 
department of the United Stdtes was of the greatest importance. The pos- 
session of lakes Champlain and George, by the enemy, might induce that of 
Albany and all the upper parts of the Hudson, and opening a free communi- 
cation between the northern British army, and that in New York, sever the 
eastern from the middle and southern states, and encourage the royalists of 
the middle and upper coimtry, who were numerous, to show themselves in 
force. Under these impressions, such detachments were made from the ar- 
my under Washington, on the opening of the campaign of 1776, as to expose 
hin^ to the greatest hazards. 

The noi^em department had been entrusted to General Schuyler, who, 
with high talents, possessed great influence in the country. General Gates 
had been named to the army in Canada, and though that army was now in 
the department of Sdiuyler, his senior officer, he still claimed the command. 
But Congress removed this difficulty by declaring, it was not their intention 
to place the former over the latter, and recommending them to co-operate 
harmoniously. 

When expelled from Canada, the Americans had retired to the strong post 
of Crown Point, at the south end of Lake Champlain, whither G^eral 
Carleton, for want of vessels, was unable immediately to follow them. But 
this obstacle was removed by the incredible exertions, with which a consider- 
able fleet Mras built and equipped. General Schuyler, on his part, strenuously 
endeavoured to strengthen his little fleet, and to preserve the command of the 
lakes; but it was impracticable to obtain artillery, materials for ship building, 
or woricmen, and his force was consequently much inferior to that of the 
enemy. Its command was given to the intrepid Arnold, from whom every 
thing was expected which courage could perform. 

The small pox, which had mc^e such ravages in the preceding campaign, 
still infected the army, and communicating itself to the reinforcements, ren- 
dered it necessary to stop many on their march : and mortality from this and 
other causes, induced the general officers in council, in the month of July, to 
resolve on evacuating Crown Point, and to concentrate their forces about Ti- 
conderc^, a strong post, twelve miles from the former. This measure, ap- 
parently unavoidable, gave great chagrin to Congress, who entertained hopes 
of extending their operations to lakes Erie, and Ontario. 

The British, by the first of October, had upon the lake, a fleet carrying 
more than an hundred guns, navigated by seven hundred prime sailors, and 
conducted by Captain Pringle; on board of which was General Carleton him- 
self. On the 11th it proceeded to attack Arnold, then very advantageously 

* The case of Samuel Tucker stronffly Ulnstrates the panic which prevailed amonff 
•ome of the whi^, on the invasion of tne British. President of the convention which 
formed the constitutien of the State — Chairman of the committee of safety, treasurer, 
and subsequently, Judge of the Supreme Court, he took a protection of the British, 
and thus renounced allegiance to the state, and vacated his offices. Journal of Assem- 
bly, 17th December, 1777, and votes passim. StdgwUk'» litingsUniy 209, &c. 



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288 HISTORY OF NEW JERSEY. 

posted with a much inferior force, in the passage between the island of Vali- 
cour, and the western main. The wind favouring him, he was enabled to 
keep up the engagement for several hours, during which, his best schooner 
was burnt, and another vessel was sunk ; but the enemy did not suffer less. 
Finding it impossible to renew the action with hopes of success, Arnold made 
his escape during the night, and was the next morning out of view of his pur- 
suers, hastening to obtain shelter under the guns of the fort at Ticonde- 
Toga. But the enemy came up with him at noon, and he was compdiled, afler 
a spirited resistance of two hours, and the loss of another of his ships, with the 
second in command on board, to run the greater part of his vessels on shoie, 
a few leagues from Crown Point, where he landed their crews in safety. A 
portion of his squadron passed Crown Point, and escaped to Ticonderoga. 
Those run on shore he burned, to prevent their capture by the conquerors. 
Crown Point was seized by General Carleton, who advanced part of his 
fleet into Liake George, within view of Ticonderoga, and his army approached 
that place as if to lay siege to it. But afler reconnoitering the works, and 
observing the steady countenance of the garrison, which consisted of be- 
tween eight and nine thousand men, he concluded that it was too late in the 
season to inve> ), and returned to Canada, placing his troq>s in 

winter quarters, and making the Isle aux Noix his most advanced poBL 
^ This retreat relieved the apprehensions of the Americans, and enabled Gene- 
ral Gates, as we have seen, to march with a detachment of the northern 
army, to aid the commander-in-chief on the Delaware. 

V. With the view of making his power more extensively felt, and of im- 
peding the march of the troops about to be raised in New England, for the 
reinforcement of the army of General Washington, General Howe despatch- 
ed an expedition consisting of a land force of three thousand men, under Sir 
Henry Clinton, and a fleet commanded by Sir Peter Parker, to take posses- 
sion of Rhode Island, which was accomplished about the last of November, 
without material opposition. This diversion was elective in its main object; 
and the English derived permanent advantage, and the Americans sustained 
lasting inconvenience, from their possession of this post. The last were de- 
prived of a harbour, admirably adapted to serve their maritime expeditions. 

VI. With these concise notices of events in the northern and eastern sec- 
dons of the country, we proceed to a more particular detail of those in New 
Jersey nnd the nflL^hlxiuriiig states. Whilst Philadelphia was supposed to 
be in imminent danger, the militia of New England, in considerable num- 
bers, had been ordered to the Delaware; and although many were detained 
by the invasion of Rhode Island, a few regiments reached the camp of Gene- 
ral Heath, upon the North river, where they were arrested by the order of 
the commander-in-chief, for the purpose of making a diversion on the side 
of New York. The army in New Jersey, with the detachment to Rhode. 
Island, it was supposed, had greatly reduced the British force in the city. 
About two thousand men were in the neighbourhood of King's Bridge, and m 
the other troops on the island were not estimated at a greater number. On 
Long Island, it was said, there was only Delancy's brigade of American 
loyalists, amounting to less than one thousand men. Under these circum- 
stances, it was presumed, that the New York and New Jersey militia might 
form a respectable army, with which General Heath might alarm, and, per- 
haps, more than alarm that important post. He was directed to approach 
King's Bridge, to carry off the forage and provisions with which the «iemy 
might be supplied, and if circumstances should justify, to attack the forts 
which guarded the entrance into the island. In such event, it was anticipated, 
that fears for New York would induce General Howe, either to abandon the 
Jer8e3rs entirely, when his troops would suffer extremely through the winter. 



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fflSTORY OF NEW JERSEY. 8W 

for fiidt forage and provisions, or so to weaken his posts at Brunswick and 
Amboy, as to pennit General Washington to attack them with advantage* 
Should neither of these results be produced, some advantages might be gained 
on York or Long Island. 

Pursuant to these views. General Heath marched* towards West Chester, 
and summoned Fort Independence; but the garrison refusing to surrender, 
he did not venture an assault with militia. Receiving intelUgenoe that the 
British army had embarked from Rhode Island, and might, by entering the 
Sound, land in his rear, he was compelled to withdraw into the Highlands; 
not however, without the acquisition of considerable quantities of forage and 
cattle. 

VII. In the mean time, repeated skirmishes on the lines increased the 
distress of the enemy, and the confidence of the Americans in themselves. 
The British found it totally unsafe to forage but with large covering parties, 
which were oflen attacked with advantage, and their horses frequently taken. 
Their miserable appearance evinced the scarcity which prevailed in the camp. 
In these skirmishes, prisoners were oflen made; and frequent small successesf 
the details of which filled the papers throughout America, served to animate 
the people at large, who even supposed that the British would be driven to 
their ships for protection, so soon as the season would permit the armies to 
take the field. Yet the real situation of Creneral Washington, happily 
concealed, both &om the enemy and firom his own countrymen, was ex- 
tremely critical. He was oflen abandoned by bodies of the militia, before 
their places were filled by others ; and, thus, lefl in a state of dangerous weak- 
ness, with all his positions exposed to imminent hazard. This was not the 
only inconvenience resulting from this fluctuating army. The soldiers car- 
ried oflT arms and blankets which had been unavoidably deliveied to them, to 
be used while in camp, and thus wasted in advance, the military stores col- 
lected for the ensuing campaign.! 

While exposed to these embarrassing inconveniences, the general received 
intelligence, that reinforcements were arriving from Rhode Island, and 
that the movement of General Heath had not produced the effects he had 
expected. His fears for Philadelphia revived; and the New England troops, 
except so many as might be deemed necessary to guard the Highlands, were 
ordered immediately to join him. Heavy requisitions were also made on 
the neighbouring militia, especially of New Jersey. 

The movement so much apprehended, was not made; and the war of 
skirmishes on the side of Jersey, continued throughout the winter. In the 
course of it, the British loss was supposed to be more considerable than they 
had sustained at Trenton and Princeton ; and hopes were entertained that, 
from the scarcity of forage, neither their cavalry, nor draught horses would 
be in a condition to take the field, when the campaign should open. 

This light war was far short of the hopes of the American General, who 
subinitted, with infinite reluctance, to the inactivity his weakness imposed on 
him. He had flattered himself that the reviving courage of his countrymen 
would have placed at his disposal a force which would enable him to beat 
the enemy in detail, during the winter, and to repel the great exertions which 
would be made for the conquest of America in the ensuing summer. 

All the intelligence from Europe concurred in demonstrating the fallacy 
of the hope, still cherished by many, that the war would be abandoned. 
Never had the administration been supported by greater majorities in Parlia- 
ment ; and the body of the nation appeared well disposed to employ all its 
means to reannex to tl^ empire its revolted colonies. The importance of 

* Jane, 1776. t Marshairs Wuhington. 



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240 fflSTORY OF NEW JERSEY. 

destroying, or maiming the present army before it could be reinforced was, 
consequently, felt in its full extent; and the commander-in-chief made the 
most strenuous endeavours to promote the recruiting service, and to collect 
the recruits in such numbers, as would enable him successfully to attack the 
British posts, either in Rhode Island, New York, or New Jersey. The state 
sovereignties, where the real energies of government resided, were, incessant- 
ly, urged to take effectual measures to fill their regiments, and to bring their 
respective quotas early into the field. They were pressed to march their 
recruits, so soon as they could be cleansed from the small-pox, by compa- 
nies, and even by parts of c(»mpanies, to the several stations ass^ned them ; 
and those geneml officers, who were supposed to possess most influence, 
were detached to their respective states, for the purpose of promoting and 
superintending the recroiting service. 

At the instance of the commander-in-chief. Congress passed such resolu- 
tions as were calculated to second his views. They authorized him to draw 
the eastern troops from Peck's-kill, who were to be replaced by New York 
militia; and required the executive of New Jersey, to order out the whole 
militia of that state, and the executive of Pennsylvania, such part of their 
militia as was contiguous to New Jersey, properly armed and equipped, to the 
aid of the general. 

When the season for active operations approached. General Howe direct- 
ed his first attention to the destruction of the scanty resources prepared by 
the Americans for the ensuing campaign. Magazines had be^ collected at 
Peck's-kill, in the Highlands, where mills had been erected, and tiie heetd^ 
quarters of the general commanding, had been established. On the recall 
of General Heath, to Boston, the command had devolved on General M*Dou- 
gaL The strength of this post, like others depending upon nailitia, was sub- 
ject to great fluctuation ; consisting, at times, of several thousand mm, at 
others, reduced to as many hundr^. The stores collected here, were at 
this time inccMisiderable ; but the British general supposing them of great 
value, and slightly defended, on the 2dd of March, 1777, despatched Colonel 
Bird, against the post, with five hundred men, under convoy of a frigate, 
and some smaller armed vessels. General M'Dougal, whose force did not 
exceed two hundred and fifty men, exerted himself to remove the magazines 
into the strong country, in his rear; but before this could be eflected, the 
enemy approached, and compelled him to retire, having first set fire to the 
store-houses and barracks. Colonel Bird completed the destruction, and re- 
turned to New York. 

Danbury, on the western frontier of Connecticut, contained a valuable 
deposit of military stores, and though not more than twenty miles from the 
ScKiod, its safety was supposed to be assured by the nature of the country, 
the zeal of the militia, and by a portion of the Connecticut draughts, assem- 
bled there* But on the 26th of April, Governor Tryon, major-general of the 
provincials, in the British service, with Brigadiers Agnew, and Sir William 
Erskine, entered and fired the town, with all the stores it contained. Upon 
his retreat, he was^issailed by about thirteen hundred militia, itt several de- 
tachments, commanded by Generals Arnold, Silliman, and Wooster. In one 
of the several skirmishes, the last was killed. The enemy spent the night 
of the 27th at Ridgefield, and in the following morning resumed his retreat, 
and was again met by Arnold, with a force of one thousand, among whom 
were some continehtal artillery and infantry; but he attained his shipping, 
with a loss of one hundred and seventy men, killed, wounded and taken 
prisoners. The loss of the Americans was nearly the same, but it included 
several officers of rank, besides General Wooster* General M^Dougal had 
learned the intention of Tryon, and endeavoured to intercept his retreat by a 



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fflSTORY OF NEW JERSEY. 241 

rapid march, with twelve hundred men, to which number his forces had 
increased; but he could not arrive before the enemy had retired; and there- 
fore hastily returned to his post at Peck's-kill. 

VIII. This enterprise was soon after retaliated by an expeditioii, under 
lieutenant-colonel Meigs, who, on the 2dd of May, with two hundred and 
thirty men, carried and destroyed a large depot of provisions and forage, at 
Sagg Harbour, on Liong Island ; eluding the numerous cruizers of the enemy, 
and making near a hundred prisoners, without the loss of a single man* 
Such was the celerity of Colonel Meigs's movements, that he transported 
his men, between Guilford and Sagg Harbour, ninety miles, by laiKt andf 
water, in twenty-five hours. 

IX. In the mean time, the American commander-in-chief, had formed hik 
plan for the disposition of the army, when it should take the field. He was 
convinced, that while General Burgoyne, now in command of the British 
northern army, would either endeavour to take Ticonderoga, and penetrate 
to the Hudson, or join the grand array by sea, General Howe would en- 
deavour, by moving up the North river, to possess himself of the forts and 
high grounds, at present occupied by the Americans, or would attempt Phila- 
delphia. Yet uncertain as to which of those courses would be adopted, he 
determined to keep the high grounds of New Jersey, somewhat north of the 
road leading fix)m Brunswick to Trenton. Encftmped here, the army would 
cover New Jersey, and be at a convenient point to move, either for the pro- 
tection of Philadelphia, on the west, or the Highlands, on the east. In the 
uncertainty with which the first movements of the enemy were enveloped, 
and the equal necessity of defending the three great points, Ticonderoga, the 
Highlands of New York and Philadelphia, against two powerfiil armies, 
superior to him, in arms, numbers and discipline, it was necessary so to ar- 
range his force, as to enable the parts reciprocally to aid each other. To 
efiect these purposes, the northern troops, including those of New York, 
were divicled between Ticonderoga and Peck's-kill, while those firom Jersey 
to the south, including North Carolina, were directed to assemble* in New 
Jersey. If the army of Canada should join that of New York, by sea, the 
troops at Peck's-kill, and those in Jersey, could readily be united, either for 
defence of the Highlands, or of Philadelphia. If Burgoyne should attempt 
Ticonderoga, by way of the lakes, the force at Peck's-kill would afibrd aid 
to the army opposed to him. 

Upon these arrangements being made, the camp at Morristown was broken 
up, and the army removed to Middlebrook, behind a ridge of strong and 
■ commanding heights, not far firom the Raritan, about ten miles from Bruns- 
wick ; where General Washington repaired, in person, on the 28th of May, 
1777. The heights, in front of the camp, commanded the course of the 
Raritan, the road to Philadelphia, the hills about Brunswick, and a consi- 
derable part of the country between that place and Amboy; affording a full 
view of the most interesting movements of the enemy. 

The forc^ brought into the field by America, required all the aid of strong 
positions, and the most unremitting vigilance. On the 21st of May, the total 
of the army in Jersey, exclusive of the cavalry and artillery, amounted, 
only, to eight thousand three hundred and seventy-eight men, of whom, up- 
wards of two thousand werp sick. The effective rank and file were only ^ye 
thousand seven hundred and thirty-eight. In this return, the troops of North 
Carolina were not included, as they had not then joined the army ; and the 
militia of New Jersey, amounting to about five hundred men, were also 
omitted. Had this army been composed of the best disciplined troops, its in- 
feriority in numbers must have limited its operations to defensive war; and 
2H 
* 

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342 HISTORY OF NEW JERSEY. 

have rendered it incompetent to protect any place, which could be defended 
only by battle in the open field. But more than half the troops* were unac- 
quainted with military duty, and had never looked an enemy in the face. 

A large proportion, especially from the middle states, were foreign- 
ers; many of them servants, on whose attachment to the American cauae 
it was not safe to rely. To avail himself of this unfavourable circum- 
stance, General Howe had ofiered a large reward to every soldier who 
would desert, and additional compensation to those who woidd bring th^ 
arms. The efiect of these promises had been seriously felt; and their future 
operation, was greatly dreaded. To diminish this, and to allure, from the 
service of the enemy, those misguided Americans who had engaged with 
them, but might now wish to be again received into the bosom of their coun- 
try, Greneral Washington had ur^d on Congress the policy of allowing all 
the advantages of freemen to the servants who had enlisted ; and of ^ying 
Adl pardon to all Americans, who would quit the British service. These 
recommendations, like almost every other proceeding from the same source, 
received the ready attention of Congress, and resolutions were passed in con- 
formity with them. 

As a movement of the enemy by land towards Philadelphia was probable, 
it was an important part of the plan of the campaign, to constitute on the 
western bank of the Delaware, an army of militia, strengthened by a few 
continental troops, under an experienced officer, to defend, in front, the pas- 
sage of that river. To Arnold, then m Philadelphia, employed in the settle- 
ment of his accounts, this service was intrusted. 

General Sullivan lay at Princeton with a body of continental troops, 
increasinff in number by recruits from the southward, and some Jersey 
militia* He was directed to hold himself in perpetual expectation of attack, 
to send his baggage and provisions to places less exposed, and to be in 
readiness to move at any instant to a place of greater security, where his 
M could not be so readily turned, and whence he might harass the flanks 
of the enemy on a march, and preserve a communication with the army at 
Middlebrook — ^by no means to risk a general action, but to act entirely as a 
partisan corps ; and on the first movement of the British army to place his 
main body in security, and to harass them with parties detached for that pur- 
pose. Measures were also taken to put the militia of Jersey in readiness to 
take the field so soon as of^nsive operations should commence. It was in- 
tended, not that they should remain embodied for the purpose of strengthen- 
ing and acting with the continental army; but that, ranging the country in 
small parties, they should hang upon, and harass the flanks of the enemy. 

X. The first and great object of the campaign, on the part of General Howe, 
was the acquisition of Philadelphia, which he originally designed to attain, 
by marchmg through New Jersey, and crossing the Delaware by a portable 
bridge, constructed during the winter. But the delay in the arrival of the 
tents and camp equipage, from Europe, and the early organization, and fa- 
vourable position of the American army, caused him to devise another plan 
of operations, in case he could not draw the American geneml from his 
present advantageous position. This was to attempt Philadelphia by the 
Delaware or Chesapeake Bay. A demonstration was acordingly made, of 
proceeding to Philadelphia, by land. General Washington summoned to his 
assistance the continental troops, at Peck's-kili; with the exception of one 
thousand effectives, and in the mean time formed a select corps of riflemen, 

• The extreme ieveri^ of the wrvice, aided perhspe by the stete d* the hoepiUk, 
htdcamed to the grave, more than two-thirda of the soldiert, who had aenred the pro- 
cedfaig campaigQ and been engaged for more than one year. 



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HISTORY OF NEW JERSEY. 24a 

under Ck>loiiel Moi^an, which was posted at YanvechtenVbridge, on die 
Raritan> just above its confluence with the Blillstone river, with orders to 
watch the left flank of the British army. On any movement of the enemy» 
be was instructed to seize every opportunity to fall on tbeir flank, to gcdl 
tbem as much as possible, but to take especial care not to permit himself to 
be surrounded, or to have his retreat to the army cut ofl*. General Sullivan 
was directed to» change his position, and to occupy the high grounds of 
Rocky Hill, as a place of greater security. 

With the view of inducing General Washington to quit his fortified camp, 
and to approach the Delaware, where he might bring on a general engage* 
ment, on ground more advantageous to himself. General Howe, leaving two 
thousand men at Brunswick, under the command of General Matthews, ad- 
vanced, on the morning of the 14th of June, in two columns, towards that 
river. The front of the first, under Lord Ck>mwallis, readied Somerset 
Court House, by the break of day; and about the same time, the seoond* 
under General de Heister, arrived at Middlebush, between Brunswick and 
Somerville, on a road east of that taken by ComwalHs. The feint was un* 
successfiil. On the first intelligence that the enemy was approaching^ 
Washington posted his whole army, with great advantage, in onbr of battle, 
on the heights in front of his camp. This position he aoaintaiood during die 
day, and at night the troops slept on the ground to be defended. In die 
mean time, the militia of New Jersey, with an alacrity, heretofore unexam- 
pled in the state, took the field in gr^ numbers; principally joining Gene- 
ral Sullivan, who had retired behind the Sourland hills, towards Fleming- 
ton, where a considerable antoy was forming. 

Finding that the American army could not be drawn from its position, 
and, probably, influenced in some degree, by the temper now maniftsCed by 
the militia, General Howe determined to waste no more time in threatening 
Philad<Blphia by land, but to withdraw his army from Jersey; and, pursuing 
the principal object of the campaign, to embark them, for the Chesapeak or 
the Delaware. On the 19th, in tl^ night, Ije returned to Brunswick, and on 
the 22d, to Amboy ; where he threw over the channel which separates the con- 
tinent from Staten Island, the bridge designed for the Delaware, and passed 
over the heavy baggage and a fow of his troops to that island, whence the 
embarkation of his army was to be made. This retreat was conducted with 
some marks of precipitation, and many of the farm houses on the route are 
said to have been burned. 

General Washington, expecting the movement from Bnmswick, had 
made dispositions to derive some advantages from it. He detached General 
Greene, with three brigades, for the purpose of felting on, and annoying the 
British rear. General Sullivan was directed to move with his division, in 
order to co-q)erate with Greene, and Maxwell to fall on the flank of the 
enemy. In the mean time, the main army paraded on the heights of Mid- 
dlebrook, ready to act as circumstances might require. 

About sunrise. Colonel Morgan attacked and drove in a picquet guard; the 
enemy throwing themselves into some redoubts, which, on the approach of 
Wa3me and Morgan they evacuated; immediately after, they commenced 
their march to Amboy. Some sharp skirmishing took place between them 
and Morgan's regiment, in which the latter acted to the entire satisfac- 
tion of tl^r general; but the hope of gaining any important advantage was 
entirely disappointed. From his distance, and the late hour at which he re- 
ceived his ortkrs, Sullivan was unable to come up in time; the ^ress sent 
to General Maxwell either deserted to the enemy, or was taken ; and the rear 
division of the British being stronger than was expected, the force on tha 



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244 HISTORY OF NEW JEMEY. 

lines could make no impression on iU Prom these causes, the letreat to 
Aioboy was effected without any considerable loss. 

In order to cover his lk;bt parties, which still hung on the British flank 
and rear, and to injure the enemy, General Washington advanced six or 
seven miles from his strong camp at Middlebrook, to Quihbletown, on the 
road to Amboy. Lord Stirling's division proceeded a few miles still nearer, 
lo the neighbourhood of Matouchin meeting-house, in order to act with 
the parties which were on the lines, should an opportunity oflfer for attack. 

In this state of things, it appeared practicable to Greneral Howe to bring 
on an engagement. With this view, and probably in the Ik^ of turning ^le 
lefl of tli^ American amy, and gaining the heights behind them, cm the 
night of the 25th, he recalled the troops which had passed over to Statea 
Islemd ; and early next morning, made a rapid movement in two colmnns 
towards Westfield. The right, under the command of LordComwaJlis, took 
the route by AVoodbridge to the Scotch Plains ; and the lefl, accompankd by 
Sir William Howe in person, marched by Matouchin meeting-house, to &11 
into the rear of the right colvunn. It was intended that the left should take 
a a^mrate route, about two miles afler their junction with the other column, 
in order to attack the left flank of the American army at Quibbletown ; while 
Lord Comwallis should gain the heights on the left of the camp at Middle- 
brook. Four battalions, with six pieces of cannon, were detached to take 
post at Bonhamtown.* 

About Woodbridge, the right column of the British fell in with one of the 
liffht parties detached to watch their motions ; and notice beins thus reo^vad 
of this movement. General Washington immediately penetrated its object, and 
discerned his danger. The whole army was instaady put in motion. It re- 
gained with the utmost celerity the camp at Middlebrook, and took possesmo 
of the heights on the left, which it was supposed the enemy had designed to 
seise* Lord Comwallis, on his route encountered Lonl Stirling, and a 
smart skirmish ensued, in which the latter was driven from his ground widi 
the loss of three field pieces and a few men. He retreated to the hills about 
the Scotch Plains* aad was pursued as far as Westfield. Here Lord Com- 
wallis halted. Perceiving the passes in the mountains on the left of the 
American camp to be guarded, and, of consequence, that the object for which 
this skilful manoeuvre had been made was unattainable, he returned through 
Rahway to Amboy; and, on the 30th of June, the whole army crossed over 
to Staten Island. 

While retiring fix)m Westfield, the British army was watched by the bri- 
gades of Scott and Conway ; the former entered Amboy immediately after 
that place had been evacuated; but no opportunity was given, during the 
retreat, of attacking it to advantage. 

XI. About this time, news was received of the advance of Greneral 
Burgoyne, towards Ticonderoga, which, with the delay in the embarica- 
tion of Sir William Howe^s forces, kept the American commander-in-chief 
in great uncertainty as to the designs of the enemy; and occasioned him to 
give orders for the return of two brigades to Peck's-kill, which had proceed- 
ed to Pompton Plains, to join him, and to despatch Parson's and Vamum's 
brigades to that post. Still he could not divest himself of the opinion, that 
the attenipt to cross the Delaware would be renewed; and for some days 
he remained in his <pamp, at Middlebrook. A change of position froQi 
Prince's Bay, to the watering place, and a movement of the army to the lat- 
ter, with the military stores and ba^age from the coast opposite Amboy, at 

• GonenU Howe*8 letter. 



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HISTORY OF NEW JERSEY. 245 

length, relieved him from apprehensions of a sudden march on Philadelphia} 
and determined him to change his own position. He removed the main 
body of the army to Morristown, and advanced General Salhvan with his 
division, on the way to Peck's-kill, as far as Pompton Plains. 

The preparations for embarkation of the ^|itish general, indicated the in- 
ception of a much longer voyage tism that up the Nc^ river; and notice of 
these appearances were given to the eastern states ; but the advance of Bur- 
goyne, with a powerful army, against Ticonderoga, still induced the (^inioo, 
that' the main object of Howe, must be to efiect a junction with him, on the 
North river. Under this impression, Sullivan was ordered to PeckVIdlly 
and Washington, himself, proceeded to Pompton Plains, and on the 16th of 
July, to the Clove; where h6 determined to remain until the views of tho 
enemy should be completely disclosed* 

' In this position, he, at first, conunanded, that the North Carolina troops 
which had stopped at Philadelphia} should join him ; but on receiving informa- 
tion that a great part of the Britidi fleet had fallen cbwn to the Hook, these 
forc^ were stopped at Trenton, and General Sullivan was directed not to cross 
the North river. General Putnam, who now commanded at PeckVldll, was 
cautioned to guard against any sudden attack from New York ; success vol 
which, would be the more deeply felt, in consequence of the loss of Ticonde- 
roga, and Mount Independence, which had Men into the hands of Burgoyne* 
The information, that part of the fleet had dropped (jbwn to the Hook, was 
soon followed by intdligence, that the shipping ware moving from the water- 
ing place to New York, and that several transports, convoyed by a ship of 
war, had proceeded as high as Dobbs' ferry. The passes in the Highkmds 
were now supposed to be certainly their object, and Sullivan, who hcuil been 
advanced as far as New Windsor, was ordered immediately to cross the 
Hudson, and to take post in the rear of Peck's-kill, on the east side of that 
river. Lord StirUng was also commanded to cross the river and join Ge- 
neral Putnam. 

XII. The perplexities of this moment were cheered by the intelligence 
of the capture of Major-general Prescott, the commssd^ of the British 
troops on Rhode Island. Belieting himself perfectly secure, ^guarded by 
his cruizers and at the head of an army greatly superior to any force col- 
lected in the eastern department, he indulged in convenient quarters, distant 
from camp, and with few guards about his person. Information of- this ne- 
gligence being communicated to the main, Colonel Barton, of the Rhode Island 
militia, platmed with success, the capture of the general, in his quarters. On 
the night of the 10th of July, with a* party of about forty persons, including 
captains Adams and Phillips, in four whale boats, he crossed the water, a 
distance of ten miles, deceived the vigilance of the guard boats, landed, 
marched a mile to the general's quarters, seized the sentinel at the door, and 
one of the aid-de-camps, took the general from his bed, and without allowing 
him time to dress, carried him with secrecy and despatch to a place of safety. 
This clever exploit was the hiore highly appreciated, as it gave the Ameri- 
cans an officer of equal rank to exchange for General Lee. Congress pre- 
sented Colonel Barton with a sword, as a mark of their approbation. 

XIII. At length, the British fleet put to sea; having on board General 
Howe, and thirty-six British and Hessian battalions, including light infantry 
and grenadiers, with a powerful artillery, a New York corps, called the 
Queen's Rangers, and a regiment of light horse. The residue of the army 
was divided between New York and Rhode Island. On the receipt of the 
intelligence, the American army commenced its march, (July, ITH,; for the 
Delaware, under the conviction, that the fleet was destined for Philadelphia. 
But whilst preparing to meet Sir William Howe on a new theatre, the com- 



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346 HISTORY OF NEW JERSEY. 

mander-in-chief took measures, also, to check the progress of Burgoyne ; who, 
havinff obtained possession, by a greatly superior force, of Tiocmderoga, and 
the lakes, was advancing southward towards New York. Letters were ad* 
dressed to the governments of the eastern states, urging them to reinforce 
with their mihtia, the retreating northern army. Major-generals Arnold 
and Lincoln, both influential wiUi the eastern nulitia, were directed to join 
it; and three brigades of New England continental troqw from PeckVkill, 
Moi^an's rifle regiment, and two regiments from New York, were ordered 
upon the same service. 

On the dOth July, die enemy's fleet appeared off the capes of the Dela- 
ware, and orders were given by Washington for concentratii^ his forces at 
Philadelphia. They were scarce issued, when a new disposition was occap 
sioned, by tidings, that the fleet had departed from the Delaware Bay, and 
was proceeding eastwardly. No further intelligence of it was recdved, untQ 
the 7th of August, when it was seen a few leagues southward of the Ddaware 
capes; after which it disappeared, And was not again heard of, until late in 
that month. Meanwhile, the most perplexing uncertainty OHiceming its des- 
tination, was universal. On entering the capes of the Delaware, the general 
was deterred by the difficulties of that river from ascending it, and resolved 
to proceed to the Chesapeake; but was prevented by contrary winds, from 
reaching the mouth of the latter bay, until the 16th of August- 
Washington employed this interval in examining the country about Phila- 
delphia, and the works below the city ; and he came to the concluaon, that the 
defence of the river should be confined to the fert on Mud Island, and to Red 
Bank, a piece of high ground on the Jersey shore, opposite to the island. 
This opinion be communicated to Congress, with his intention to march to 
Conrell's ferry, (New Hope,) sufficiently near Philadelphia, whence he might 
leaculy r^ain the North river, should it be necessary. Upon the protracted 
absence of the British fleet, he determined to march thither, but on the very- 
day of this determination, learned the arrival of the whole fleet in the Chesa- 
peake. 

XIV. The diflerent divisions of the army were immediately ordered to 
unite, with the utmost expedition, in the neighbourhood of Philadelphia, and 
the inilitia of Pennsylvania, Maryland, Delaware, and the northern counties 
of Virginia to take the field. These orders were received by General Sulli- 
van, who had been encamp^ in Jersey about Hanover, just on his return 
from an expedition to Staten Island. The British force Uiere amounted to 
between two and three thousand men; of whom nearly one thousand were 
provincials, stationed at different places on the coast opposite the Jersey 
shore. The European troops, amounting to sixteen hundred men, were 
in a fortified camp near the watering place. General Sullivan thought 
it practicable to surprise and bring off the provincials before they could be 
supported by the Europeans; and he was the more stimulated to the attempt, 
by their occasional incursions into Jersey. They had lately penetrated 
as fer as Woodbridge, and had carried off twelve individuals, noted for 
their attachment to the American cause.* This expedition was undertaken 
by Sullivan with the select troops of his division, aided by a few Jersey 
militia, under Colonel Frelinghuysen. They had to march about twenty 
miles to the place of embarication; where, only, six boats had been procured. 
Three of these were allotted to Colonel Ogden, who commanded one detach- 

* Mr. Stockton, member of Congress, and Mr. Fell, member of council, had previons- 
\y been made prisoners, and the person, nay, the life of Governor Livinffston was 
ottilv thrsatoned. Two thousand guineas are said to have been offered by Uie enemy 
for his capture. 

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mSTDRY OP NEW JERSBT. 2^47 

ment intended to attack Colonel Lawrence, lying near the old Blazing Star 
ferry, and Cdonels Dungan, and Allen, who lay about two miles from each 
other, towards Amboy. The other three were taken by General Deborre, 
accompanied by General Sullivan in person. He was to attack Colonel 
Barton near the new Blazing Star ferry, and, afler securing thai party, to 
assist Ogden* General Smallwood, with his brigade was to cross at Halsey 
point, and attack Buskirk's regiment near Decker's ferry. All the troops 
crossed before day, nnperoeiv^ by the enemy. But, misconducted by his 
ffuides, Smallwood began his attack on a different point from that which was 
mtended, in consequence of which, Buskirk's regiment made its escape; but 
Osden and Deborre, were more successful. Lawrence and Barton were. sur- 
prised, and, with several of their officers and men, were taken. The alarm 
being given, it became necessary for Sullivan precipitately to withdraw his 
forces from the island. It had been impracticable to obtain a suffident num- 
ber of boats to embark all the troops at the same time; and some confusion 
appears to have prevailed in this part of the business. General CampbeU, 
with a considerable force advanced upon them ; and the rear guard, afte^ 
defending themselves for some time with great gallantry, were under ths ne- 
cessity of surrendering prisoners of war. 

In his letters to the commander-in-chief, and to Congress, General Sullivan 
reported, that he had brought off elewea officers, and one hundred and thirty 
pnvates; and that a oonsi&rable number must have been killed in the difier- 
ent skirmishes. He stated his own loss to have been one major, (me captain, 
one heutenant, and ten privates killed, and fifteen wound^; and nine of- 
ficers, among whom were Majors Stewart, Tillard, and Woodson, and one 
hundred and twenty-seven privates, prisoners. 

In the account given by General Campbell, he claims to have made two 
hundred and fifly-nine prisoners, among whom were one lieutenantKX)lonel, 
three majors, two captams, and fifteen inferior officers. 

XV. 'Die British fleet asceiMcled the Chesapeake Bay, and the Elk river; and 
<m the 25th of August, landed the army at the ferry, without a show of opposi- 
tion. Their whole force was computed at eighteen thousand men, in good health 
a^d spirits, trained to the service, abundantly supplied with the materiel of 
war, and led by a general of experience and military talent. If it were defi- 
cient in auffht, it was in horses, which had suffered much during the preceding 
winter, and in the long voyage from New York to the Elk river. 

Great efibrt was maide to increase the American army. The militia res- 
ponded to the call of their country in greater numbers than could be armed. 
The whole force was estimated at fifleen thousand, but the efi^tives, at not 
more than eleven thousand. Morgan's regiment of riflemen having been sent 
to the northern army, a light corps was formed by detachments from each 
brigade, and put under the command of General Maxwell ; who, during the 
pr^edmg winter, had acquired reputation as a partisan officer. This corps 
was thrown in advance of the American army, but was driven in by a co- 
lumn under Lord Comwallis with considerable loss. The conduct of Grene- 
ral Maxwell was much condemned by his officers, but he was acquitted of 
blame by a court-martial. Washington felt and deplored the absence of Mor- 
gan and his rifle corps. On the dd of September, the British were encamped 
with their right about Pencader, with their left extending across Christiana 
creek, towards Newark. On the 5th, the whole American army, except the 
light infantry, took position behind Red Clay creek, having its left at New- 
port, on the Christiana, and on the road leading directly from the camp of 
Sir William Howe to Philadelphia. On the 8th, the main body of the enemy 
advanced by Newark upon the right of the American encampment^ and took 
post within four miles of that place; whilst a strong column made a shew of 



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248 HISTORY OF NEW JERSEY- 

attacking in front, and after manoBuvring for some tbne, halted at MiHoa, 
within two miles of the centre. General Washington perceived that the 
coluHin in front was designed only to amuse, whilst the left should endeayour 
to turn his right, and, suddenly crossing the Brandywine, seize the heights 
on the north of that river, and cut off his communication with Philadelphia. 
To prevent this, he moved during the night over the Brandywine, qind took 
post next morning behind the river, at Chad's Ford. The light corps under 
General Maxwell, was advanced in front, fmd the Pennsylvania militia under 
General Armstrong, were placed at a ford two miles below Chad's ; the right 
extended some miles above that place, with a view to other passes deeined 
less practicable. In this position, the general awaited the movement of his 
adversary. 

On the morning of the 11th, the whole British army advanced on the road 
leading over Chad's Ford, and the Americans prepared to defend the passage 
of the river. Some sharp skirmishing between the advanced column under 
Knyphausen, and the light corps of Maxwell, took place on either side, below 
the ford, with Uttle damage to either party. About 11 o'clock, Washington, 
instructed that a division of the enemy had marched up the country, on the 
south of the Brandywine, formed the bold design of detaching Sullivan and 
Stirling to fall on its left, while he should cross the ford, and with the centre 
and left wing attack Knyphausen. At the critical moment, unhappily, erro- 
neous intelligence was received that the movement of (he British on the left, 
was a feint only ; and about two o'clock, it was ascertained that a column, 
led by Cornwallis, having taken a circuit of aeventeen miles, had passed the 
river above its forks, and was advancing in great force. The divisions of 
Sullivan, Stirling, and Stephens, marched to meet it ; and that lately com- 
manded by Lincobi, now by Wayne, remained at Chad's Pord, with Max- 
well's corps, to check Knyphausen ; whilst Green's division, and General 
Washington in person, formed a reserve and took a central position. 

The divisions detached against Cornwallis, had scarcely formed on ad- 
vantageous ground, above Birmingham meeting-house, when the attack com- 
mence, at about half past four o'clock, and was for a season firmly sustained. 
The American right first gave way, exposing the flank of the remaining di- 
visions to a galling fire ; and in a short time, the whole line was routed. 
General Washington prised forward to support this wing, but arrived only 
in time to check the pursuit. This service was efficiently rendered by a 
Pennsylvaftia regiment under Colonel Stewart, and a Virgmia regiment under 
Colonel Stephens. Whilst the right was thus engaged, KnyphrfUsen forced 
the ford. The whole American army retreated that night to Chester, and 
the next day to Philadelphia. Its loss was estimated* at three hundred killed 
and six hundred wounded, and three or four hundred, principally of the 
wounded, made prisoners. That sustained by the enemy was reported at one 
hundred killed, and four hundred wounded. Among the wounded of the 
Americans, were Brigadier-general Woodford, and the Marquis de La 
Fayette. 

XVI. The disposition to risk another battle was general, on the part of 
Congress, and the army. An opinion prevailed, which was. carefully che- 
nsfaed, that the British had gained, only, the ground. Fifteen hundred conti- 
nental troops were ordered from Peck's-kill, and directions given to the mi- 
litia of New Jersey, Pennsylvania, and the remaining adjacent country, to 
march to the aid of the army, whilst due measures were taken to complete 
the defences of the Delaware river. 

Sir William Howe, lay on the night of the 11th, on the field of battle. On 
the succeeding day, Major-general Grant, with two brigades, look post at 
Concord meeting-house. On the 13th, Lord Cornwallis having united with 



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HIStORY OF NEW JESfiEY. 849 

Grant, inarched towards Chester. Another detachment seized WUmington, 
whither the wounded were escorted* 

XVII. On the 15th, the American army was again collected, and intend- 
ing to gain the icA of the British, had reached the Warren tavern, on the 
Lancaster road^ when intelligence was received of the approach of the enenrf • 
Washington hastened to meet, and attack him in front. Both armies, eager 
for battle, had scarce engaged, when they were separated by a tremendous 
storm of rain, which rendered the retreat of the Americans indispensable; 
The wretched condition of their arms, produced, at all times, an inequality be- 
tween them and the British ; and, on this occasion, caused them the most im- 
minent peril. Such was the effect of the rain upon the muskets and cartridge 
boxes, that of the former, scarce one in a regiment could be fired ; and m 
the latter, of forty rounds per man, scarce one was fit for use. The retreat 
was continued all the day, and the greater part of the night, through a cold 
and most distressing rain, and very deep roads, to the Yellow Springs ; and 
subsequently, to Warwick Furnace, on French Creek. 

The weather, which compelled the flight of the American, arrested thie 
progress of the British, army; and, until the 18th, it made no other move- 
ment, than to unite the columns. It then took post at Trydriffin, whence a 
party was detached to. destroy a magazine of flour and other stores, at the 
Valley Forge. The American commander, as soon as circumstances would 
permit, ordered Grenoral Wajrne to join General Smallwood, in the rear of 
the enemy;' and, carefully concealing himself and his movements, to seize 
any occasion which might oiler, to engage ihem with advantage. Mean- 
while, he hiiTiself crossed the Schuylkill at Parker's fi'rry, and encamped on * 
both sides of Perkiomen Creek ; posting detachments at the several lards, by 
which it was presumed the enemy would attempt a passage. 

XVIII. Wayne had taken a position iiair the Paoli tavern, about three miles 
in the rear of the left wing of the British. Notwithstanding his precautions he . 
was betrayed by some of the disallccted inhabitants ; and alx)ut eleven o'clock 
of the night of the twentieth, was surprised by a party of the enemy under 
Major-general Gray. His pickets were driven in, and gave the first intima- 
tion of Gray's approach. Wayne, instantly,