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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
y
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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.
Digitized by VjOOQIC
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*
Digitized by VjOOQIC
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/'
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
^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. ,
Digitized by VjOOQIC
?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
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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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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.
Digitized by VjOOQIC
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
Digitized by VjOOQ IC
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.
Digitized by VjOOQIC
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,
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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-
Digitized by VjOOQ IC
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;
Digitized by VjOOQIC
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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GooqIc
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-
Digitized by_VjOOQlC
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
Digitized by VjOOQIC
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."
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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-
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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*
Digitized by VjOOQIC
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
'OiiUie4Ui.
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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»
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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,
Digitized by VjOOQ IC
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.
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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.
Digitized by VjOOQIC
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
Digitized by VjOOQIC
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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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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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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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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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, formed his division; and whilst
his r.'A]t wM^: fi'TcfjIv ns^-nilc'l, fli-vr^fvl r\ jv^in'Pt by tiK' \oi\ undf.T cover of a
few regiments, who, for a short time, withstood the shock. The British,
aided by the light of the American fires, put to death three hundred of his
troops, by the jQree and exclusive use of the bayonet; sustaining a loss,
themselves, of eight men, only. In consequence of animadversions on his
conduct, Wayne demanded a court-martial, which unanimously acquitted
him with honour.^
XIX. Sir William Howe marched from his iK)sition, along the valley road
to the Schuylkill, and encamped on the banks of the river, his Hne extending
to French Creek, along the front of the American army. This arrange-
ment seeming to threaten Reading, which contained a large depot of stores,
Washington changed his position and marched towards Pottsgrove, with
his left above, but near, the British right. This movement left the roads .
to Philadelphia open to the enemy, and the capture of the city could be
prevented, only, by an engagement. Though urged to this, by public opi-
nion, Washington prudently declined it. His forces were not concentrated.
Wayne and Smallwood had not joined him, nor had he received the Jersey
miUtia he expected under (general Dickenson. Of the actual state of his
army, it may be enough to say, that more than a thousand of his troops
were barefooted, and had performed the late evolutions in that condition.
The want of necessaries was such, that Colonel Hamilton, one of the |;ene-
ral's aids, had been authorized and employed to take forcible possession of
21
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S50 HISTORY OF NEW JERSEY.
80ch fineii, wooUens, iboes, spirits, and other stores, as might be tdmtd in
Philadelpl^ giving certificates of quantity and value <o the owners* *' Your
own prudence," said the general to him, ** will point out the least ezc^ona-
bte means to be pursued ; but remember, delicacy and a strict adherence to
the ordinary mode of application must give place to our necessities." But
no cdSTort could obtain a supply for the pressing and growing wants of the
army. The duty of securing the public stores, was, also, assigned to Colonel
Hamilton, which he executed by transporting them up the Delaware. On
the twenty-sixth of September, Lord Comwdlis, at the head of the British
and Hessian grenadiers, entered Philadelphia, and the main body of the
BritiBh army encamped at Germantown.
XX. On the loss of the battle of the Brandywine, Congress resolved to
remove to Lancaster. At this town they assembled on the tw^ity-eeventh
of the month, and soon after adjourned to Yorktown.
XXI. To the secure possession of the city and the comfort of his army,
Cieneral Howe found the free navigation of the Delaware indispensable. But
of this, he was wholly debarred by the fortifications, of Fort A^fflin, on Mud
Iriand, at the confluence of the Schuylkill and' the Delaware, and of Red
Bank on the eastern shore; and by the chevaux deJHse sunk in the chan-
nel, between these batteries, and at -a point three miles below, opposite to
Byllingsport, where some imperfect works had been erected for their pro-
tection. Whilst these defences were maintained, Howe could not communi-
cate with his fleet; and the American vessels in the river, above the forts,
would prevent him from foraging and obtaining provisioiis in New Jersey ;
whilst the army of Washington might cut ofi* his supplies from Pennsylvania.
The disadvantages resulting from the vessels, however, were senn diminished
by the capture of the Delaware frigate, the largest of them.
Some British ships of war w«re already in the Delaware, and Caiptain
Hammond, who commanded one of them, represented, that the possession of
the fort at Byllingsport, which was feebly garrisoned, would enable him to
raise the lower lii^ of obstructions, and admit the fleet to Fort Mifflin. On
the twenty-ninth of September, Colonel Stirling, with two regiments, cap-
tured it, without opposition ; the garrison, on his approach, having spiked the
artillery, and fired the barracks, withdrew without discha]^;ing a gun. This
service performed, die detachment returned to Chester. On the third of
October, another regiment was called from Germantown to Philadelphia,
widi orders to unite, on the next day, with Colonel Stirling.
Washington had now received all the reinforcements he expected; con-
sisting of nine hundred continental troops firom P^)ckVkill, under G^ieral
M*D<Higal ; about six hundred militia from Jersey, under Brigadier-general
Forman, (General Dickenson having been detained by the apprehension of a
second invasion from New York) and about eleven hundred from Maryland,
mider General Smallwood. His effective strength, rank and file, amounted to
eight thousand continental troops and three thousand militia. With this
fierce, he, on the thirtieth of September, took a position on the Skippack road,
twelve miles from the enemy's camp, sixteen from Germantown, and twenty
from Philadelphia. The line of encampment of the British army crossed
Germantown at right angles with the main street, somewhat south of its
centre, the lefl wing extending to the Schuylkill. Lord ComwalUs continued
at ndladelphia.
Washington observing this division of the British force, formed the desisn
of surprising the camp at Germantown, and thus giving a blow, wluch mi^t
decide the fate of the war. He proposed a simultaneous attack upon the
wings, front and rear, wluch should be suddenly and vigorously made, and
from whkh, the troops might expeditiously retreat, if it were unsoooossful.
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fflSTORY OF NEW JERSEY. 861
Pursuant to his plan, the divisions of Sullivan and Wayne, flanked by Cop*
way's brigade, were ordered to enter Germantown, by the way of Chesnut
Hill, while General Armstrong, with the Pennsylvania militia, should iall
down the Manatawny or Ridge road, and gain the British left, and by Van-
deering's or Robinson's Mill, attack its rear : the divisions of Greene and
Stephens, flanked by M^Dougal's brigade, to take a circuit by way of the
Limekiln road, and entering the town at the market house, attack the right
wing: the militia of Maryland and Jersey, under Generals Smallwood and
Forman, to march by the Old York road, and turning the right, to fall on
its rear: the division of Xord Stirling, and the brigades of Nash and Max-
well to form a corps de reserve : and parties of cavalry silently to scour the
roads to prevent observation, and to keep up the communication between, the
heads of the columns.
XXII. With these dispositions the army moved on the third of October,
about seven in the aflemoon. About sunrise the next morning, the advance
of the colujnm led by Sullivan, encountered and drove in a picket placed oi
Mount Airy, or Mr. Allen's house.
The main body folbwed close, driving before it the fortieth regiment,
commanded by Colonel Musgrave, until that oflicer threw himself, with six
companies, into the large stone house of Mr. Chew, from which they galled
the Americans, with a heavy and constant fire of musketry. Some attempts
to storm this house, and an eflbrt to bring a field piece to bear upon it, broke
the line of the right wing, and with the darkness caused by an extraordinary
fog, threw it into great confusion. The column led by Gre^ie, arrived on
its ground, and commenced an attack on the light infantry, in front of the
British right winff. It was at first successful, and afler driving in the pickets,
forced the battalion of light infantry to give way.
The country through which the army was advancing, abounded with
many small and strong enclosures, which broke the line, in every direction ;
the fog obscured surrounding objects, and the commander-in-chief, could
neither observe nor correct the confusion that commenced. The causes
which separated the regiments, prevented them from discerning the situation
of the enemy, and from improving the first impression, and directing their
after efiTorts to advantage. The attacks on the flanks and rear were not
made. The Pennsylvania militia came in view of the chasseMrs, who flanked
the left of the Britlish line, but did not engage them, closely. The Maryland
and Jersey militia just showed theoiaelves, on the right flank, about the time
Greene's column was commencing a retreat.
These embarrassments gave the British time to recover from the conster-
nation )Dto which they had been thrown. Knyphausen, who commanded
their left, detached one biittalion to support the chasseurs ; and part of the
Jhird and fourth brigades, under Generals Gray and Agnew, to attack the
front of the column led by Sullivan, which had penetrated far into the village.
Scott's and Muhlenberg's bri^iadea werr- surrounded and made prisoners.
The broken parts mistook each other for the enemy, and, whilst warmly
engaged and sanguine of success, the main body of the army b^an to
retreat Washington was f in; 'Vl t^ r I^f-quish a victory he thought within
his gra^, and to endeavour to secure his army. His retreat was, however,
made without loss ; the enemy being unable to pursue. In the battle, about
two hundred were killed f&d six hundred wounded. The principal damago
was sustained fix>m Chew's house, and in Germantown. About four Jiun-
dred were made prisoners. Among the killed was General Nash of North
Carolina ; and amons the prisoners. Colonel Matthews of Virginia. The
British loss, as stated by General Howe, was one hundred killed and four
hundred wounded. Among the former were Brigadier-general Agnew and
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252 HISTORY OF NEW JERSEY.
Cdonei "Bird. The grenadiers in Philadelphia,, under Comwallis, hastened
to the field of battle on the first alarm, running the whole distance, and
reaching it, as the action terminated.
The American army retreated, the same day, about twenty miles, to the
Perkiomen Creek ; but soon after, resumed its former encampment on the
Skippack.
XXIII. Immediately after the battle of Braridywine, New Jersey was re-
quired to furnish the army with reinforcements of militia, and General Put-
nam to detach fifteen hundred continental troops ; and, at the same time, to
cover the Jerseys with an equal number. The militia of Connecticut were
relied upon to supply the vacuum in the posts on the North river, occa-
sioned by these heavy draughts. These troops were, however, detained
by the demonstrations made froBO New York. Sir Henry Clinton who
commanded there, supposed, that, an ^larm might serve both Howe and
Burgoyne, by diverting, for a time, the aids which were designed for Wash-
ington and Gates. With this view, he entered East Jersey, at the head of
three thousand men, by the way of Elizabethtown Point and Fort Lee ; the
columns uniting at the New Bridge, above Hackensack, on the twelfth of
September. They encountered little opposition, and collected, on their way,
large quantities of fresh provisions. About the fifteenth, observing that
the continental troops under M'Dougal were approaching, and that. Gene-
ral Dickenson, with great exertion, was assembling the Jersey militia, he
returned to New York and Staten Island, having lost in the excursion, only
eight men killed and sixteen wounded. The supply of militia, for the conti-
nental army, collected very slowly, notwithstanding the efforts of Governor
Livingston and General Dickenson. Accustomed to judge for themselves,,
they declared, that the danger of another invasion, rendered their services
essential on the eastern frontier. Five or six hundred, however, crossed
. the Delaware at Philadelphia, about the time Sir William Howe passed the
Schuylkill, and were employed in the removal of stores. As the enemy ap-
proached the city they retired from it, by the Frankford road; but the com-
manding officer having separated himself fix>m his corps, was captured by a
small party of the British light horse; on which the regiment dispersed and
made its way, by diflerent roads, to New Jersey. With much labour Ge-
neral Dickenson had collected two other corps, amounting to nine hundred
men, with whom he was about to cross the Delaware, when he received
intelligence of the arrival from Europe, of an additional force at New
York. He returned, himself, with part of his levies, from Trenton toward
Elizabethtown, whilst the remainder proceeded to Pennsylvania, under Ge-
neral Forman; but they, immediately after the battle of Grermantown, were
discharged.
XXIV. The attention of both commanders was, now; almost wholly given
to the Delaware ; — ^tho one to remove, the other to sustain, the impediments
to its navigation. Lord Howe had early brought round the ships of war and
transports firom the Chesapeake, and they were stretch<3d along the Dela^Tire
shore firom Reedy Island to Newcastle. But, althou!Th, with great difficulty,
the chevaux dejfrise b "1 '> - -i -"* ^^^ ^V n: ^^ ^ nnol opposite to Byllings-
poirt, so as to admit the passage of vessels of force, it was impracticable to
proceed above the line from Fort Mifflin to Fort Mercer, or Red Bank. Every
effort was consequently made for the destnictiett of these forts. Batteries
were erected on the Pennsylvania shore, to play. upon Mud Island, whilst a
fierce attack was directed against the redoubts on the Jersey shore.
XXV. On the twenty-first of October, Colonel Count Donop, a distin-
guished German officer crossed the Delaware at Cooper's Ferry, at the head
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HISTORY OF NEW JERSEY. ^ 253
of a detachment of Hessians, amounting to about twelve, hundred men, in
order to proceed the next day to the attack of Red Bank.
It was part of the plan, that, so soon as the assault should commence, a
heavy cannonade on Fort Mifflin should be made from the batteries on the
Pennsylvania shore; and that the Vigilant ship of war, should pass through
a narrow cbiinnel between Hog Island, next below Mud Island, and the
Maine, so as to attack the fort in the rear. Meanwhile, to divert the atten-
tion of the garrison and marine force, from the Vigilant, and other serious
attacks, the advanced frigates, with the Isis and Augusta, were to approach
Fort Mifflin in front, by the main channel, as far as the impediments would
admit, atid to batter the works.
The fortifications at Red Bank consisted of extensive outer works, within
whkh, was an hitrenchment eight or.nino fitet high, boarded And fraized, 09
which Colonel Greene of Rhode Island, the commander, had bestowed great
labour. Late in the evening of the 22d, Coimt Donop attacked it with great
intrepidity ; it was defended with equal resolution. The outer works being ,.
too extensive to be manned by the garrison, which did not exceed five hun-
dred men, were only used to gall the assailants ; and on their near approach,
were abandoned by the Americans^ who retired within the inner intrench-
ment, whence they poured upon the Hessians, pressing on wkh great gal-
lantry, a most destructive fire. Colonel Donop, leading his troops, received
a mortal wound, and Lieutenant-colonel Mingerode, second in command, fell
about the same time. LioutenaAt-colonel Linsiag drew off the detachment;
and being favoured by the darkness of the night, collected many of the
wounded. He marched about five miles that night, and returned next day
to Philadelphia. The loss of the assailants was estimated at four hundred
men. The garrison, reinforced from Fort Mifflin, and aided by the gallies,
which flanked the Hessians both advancing and retreating, fought under
cover, and lost only thirty-two, killed and wounded. It would appear
from the statement given by General Howe of this enterprise, that the inner
works could not be carried without scaling ladders, which had not been fur-
nished.
In performance of the part of the plan allotted to the navy, the Augusta, a
sixty .four gun ship, the Merlin sloop of war, and four smaller tifessels, strove
to get within cannon shot of Fort Mifflin. But the two first got aground, and
were, on theiiext day, feet on fire and abandoned. The Augusta blew up.
The Tcpulso- of the Hessians from Fort Mercer, and the able defence of Co-
lonel Smith, at Bbrt Mifflm, inspired Congress with hopes, that these posts
might be permanently maintained ; and that body voted a sivord to each of
these officers, and one to Commodore Hazlewood, who commanded the gal-
lies, as a testimony of the national gratitude.
XXVI. On the march of Donop to Jersey, Washington presumed, that his
design was not to carry Fort Mercer by storm^ but regularly to invest it.
Immediate efforts were, therefore, made to get out the Jersey militia ; but
owing to the perpetual calls for service, on the eastern frontier, and there
being, at the moment, no governor in the state, the gubernatorial term having
expired before the re-election, a very inefficrent force was gotten into the field?
and had not General Dickenson ventured to give orders by his own authority,
none would have been put in motion. Unable to obtain a sufficient aid from
Jers^, Washington, on thohPenty-ninth of October, sent over some Penn-
sylvania militia; and a few days after, General Varnum, with his bri-
gade, were posted about Woodbury, having orders to relieve and reinforce
both forts, as his strength would permit. General Forman, with such militia
as could be brought into the field, was directed to join him.
XXVII. The operations of the enemy against Fort Mifflin, were uninter-
. Digitized by^VjOOQlC
254 fflSTORY OF NEW JERSEY.
rupted. They had command of the Schuylkill, and of Province and Car-
penter's islands, at its mouth* On both, batteries had been constructed, to
play on the fort, from which they were separated by a narrow passage, be-
tween four and five hundred yards wide, in which were floating batteries.
They had driven thence the American moveable water force, originally re-
lied on, (or security in that quarter. Its chief employment, now» was to de-
feat preparations making at Philadelphia 'against the fort, by descending the
river. The garrison consisted of three hundred continental troops, only ; a
number insufficient to place a single line around the works.
On the 10th November, a new and large battery was opened from Pro-
vince Island, which kept up an incessant fire throughout that day, and seve-
ral successive days. The block-Jiouses of the fort were reduced to a hei4>
of ruins, the palisades were beaten down, and most of the guns dismounted,
or otherwise disabled. The barracks were battered in every part, so that the
troops could not continue in them. The night was spent in repairing the
damages of the day, and guarding against storm, of which they were in per-
petual apprehension. If in the day a few moments were allowed for reposei,
it vas taken on the wet earth, rendered, by the heavy rains, a soft mud.
The garrison was relieved by General Vanium eve]^ forty-eight hours, and
one-half of his brigade was constantly on duty. Uolonel Smith, with the
concurrence of Grenera) Vamum, believed the garrison ought to be with-
drawn. But the commander-in-chief cherished the hope that it might be
maintained, until he, reinfo^ped by the northern army, could make a tuoceas-
fiil effi)rt for its protection ; and therefore he directed that it should be defended
to the last extremity. Never were orders better obeyed. On the 11th,
Colond Smith was wounded, and was obliged to yield the command, which
was taken first by Colonel Russell, and afterwards by Major Thayer. (^
the 15th, the enemy brought up their ships so far as the obstructions woald
penmt, aad having discovered that the channel between Mud and Province
Islands would admit of large vessels, introduced a frigate and sloop of war,
within cme hundred yards of the wotks. They not only kept up a most de-
structive canncmade, but threw hand grenades into them ; and the musketry
from the round-top of the frigate, killed every man that appeared on the
platform. Orders were given to Commodore Hazlewood, to attempt the re-
moval of these vessels, but he deemed it impracticable. The place was con-
sequently no \oagi&r tenable, luid at 11 o'clock of the night of the 16th, the
garrison was withdrawn.
From the position of Fort Mercer, its safety depended, ahnost whoUy,
upon the possessioii of Fort Mifflin. Still it was resolved to defend it. On
the 17th, Comwallis marched against it by the way of Chester ; and, notwith-
standing General Washington was appria^ of his intention, no effort which
he could make could bring together, in season, a sufficient force to protect it,
and the fert was evacuated. A few of the smaller American galleys escaped
up the river, the rest were captured or burned. The passage of the Dela-
ware was thus opened.
Lord Comwallis, with a force of about five thousand men, availed himself
of this incursion, to collect large quantities of fresh provisions for the relief
of the British army, and had taken post on Gloucester Point, which was en-
tirely under cover of the guns of the ships. General Greene commanded an
almost equal body of troops in New Jersey, a flart of which was militia, and
awaited the arriv^ of Glover's brigade from U)e north, in order to take of-
fensive measures against Cornwall But an attack upon the British, in
their present advantageous position, would have been unwarrantable. Yet, a
small, but brilliant ai^r was perfermed, by a d^chment of about one hun-
Digitized by VjOOQIC
HISTORY OF NEW JERSEY. 3M
died and fifl^ men from Morgan's rifle txHrps, under Li6utenant<x>lonel But-
ler, and a like numb^ of militia, under the Marquis La Fayette, who senred
as a volunteer. They attacked a picket of the enemy, consisting of about
three hundred men, ajid drove them, with the loss of twenty or thirty killed,
and a great number wounded, quite into their camp; retiring themselves
without pursuit. ** I found the riflemen," said La Fayette, in a letter to
Washington, *'even above their reputation, and the militia above all ex-
pectation I could have formed of them." Cornwallis, soon after, returned
to Philadelphia, and Greene joined the 'main army under the commander-
in-chief.
XXVIII. During these transactions on the Delaware, General Dickenson,
whose perfect knowledge of the country gave every hope of success, made
another attempt to cut off Skinner's brigade of loyalists, stationed on Staten
Island. He collected about two thousand men, and requested from General
Putnam, commanding the continental troops, a di^rsion on the side of King's
Bridge, in order to prevent a sudden reinforcement from New York. . As his
success depended upon secrecy, he concealed his object even from his field
officers, until eight o'clock of the night on which it was to be executed ; yet,
by three next morning. Skinner was apprized of his intention, and saved his
brigade by retiring into works too strong to be carried by assault. In the
night, a few prisoners were made and h few men killed. General Dickenson
returned with the loss of three killed and ten slightly wounded.
XXIX. By the capture of Burgoyneand his army, part of the force of the
northern department might be called to Philadelphia. But neither General
Gates nor Greneral Putnam were disposed to part, readily, with. their troops.
A considerable portion of them, however, afler some delay, reached the
camp imder General Washington, whose army, thus reinforced, amounted to
twelve thousand one hundred and sixty-one continental troops, and three
thousand two hundred and forty-one militia. The force of the enemy, with
some detachments lately received from New York, has been stated, various-
ly, at from twelve to fourteen thousand men. This equality induced many
persons to urge upon the commander-in-chief, an attack upon Howe in Phi-
ladelphia, notwithstanding that position was covered by the Delaware on
the right, by the Schuylkill on the lefl, by the junction of these rivers on the
rear, and by a lide of fourteen redoubts on the front, extending from iriver
to river, connected by abbatis anci circular M^orks. Happily, the prudence
of the general, sustained by the advice of his superior officers, resisted the
eflbrt.
XXX. Master of the river Delaware, from Philadelphia to the sea, and of
the country on both shores to the south, the British general was relieved of
the apprehension of sufiering from a scarcity of provbions, and was at leisure
to turn his whole force upon the American army, circumscribing him on the
north and west; whkh he proposed not only to force from its present posi-
tion, but to drive bevond the mountains.
On the fourth of December, General Washington was apprized that an
attempt would be immediately made upon his camp at White Marsh ; and on
the evening of the same day. Sir William Howe marched from the city with
hb whole force. About eleven at night, Captain Allen M'Lane, who had
been detached with one hundred men, selected from several divisions, fell in
with and attacked the British van, at the Three Mile Run, on the German-
town road, compelling their front division to change their line of march. At
three next morning, the advancing army encamped on Chesnut Hill, in front
of the American right, and distant from it three miles. Three days were
spent in various manoeuvres by the Britbh forces, during which there were
several skirmbhes, with Morgan's riflemen and some militia under General
Digitized by VjOOQIC
256 HISTORY OF NEW JERSEY-
Irvine of Pennsylvania- The general .was wounded, €uid with a sniall por-
tion of his detachment, made prisoner. A general action was hourly ex-
pected, but Howe would not attack the American camp, admirably placed ;
nor would Washington engage in a position less advantageous. He desired
to be attacked, and felt confident that Sir William Howe, strongly enforced,
would not march out with his whole army, only, to march back again. But,
on the morning of the nineteenth, he filed oflf from the right by several routes,
in full march for Philadelpha- This movement prevented the execution of a
daring design of the American general, (formed on observing the caution of
Howe,) to surprise and seize Philadelphia.*
XXXI. The season had now become extremely severe, and it was inipos-
sible, without intense suffering, for an army so wretchedly furnished as was
the American, longer to keep the field, in tents. That it might still continue
to cover the country, it was resolved to take a strong position at the Valley
Forge, and there to erect huts in the form of a regular encampment. Thither
the army was removed on the 12th of December. Its course from White
Maish, might have been tracked by the blood which flowed from the bare
feet of the soldiery. Though somewhat more comfortable in their huts, their
winter was one of great privation and suffering, the details of which are fo-
reign from our present purpose.
In order to have a full view of the campaign of 1777, it will be necessary
thai we, successively, narrate the progress of General Burgoyne, and the
circumstances which produced the important event of his capture.
XXXII. When Gleneral Carleton had retired into winter quarters. General
Burgoyne, who had served under him, returned to England, to communicate
fiilly to the administration, the condition of affairs in the northern depart-
ment, and to make arrangements for the ensuing campaign. With the ca-
binet, he digested a plan for penetrating to the Hudson, from Canada, by way
of the lakes. A formidable army was to be put under his command, to pro«
ceed against Ticonderoga as soon as the season would permit; whilst a
smaller force, under Col. St. Leger, composed of Canadians, American re-
fugees, a few Europeans, and many Indians, should march 4rom Oswego, by
way of the Mohawk, and unite with the grand army on the North river.
* Mr. Marshall says, vol. iii. p. 289, Life of Washington, " Captain Allen M'Lane
discovered, that an attempt was about to be made to surprise the camp at White
Marsh," &c. Another version is given of this matter, by the American Quar-
terly Review, vol. i. p. 32, 1827. Possibly the officer to whom information was given
was M^Lane instead of Craig. Both accounts, however, may be true. By the last
it seems, that some British officers occasionally met for conference, at the house of
William and Lydia Darrach, Quakers, resident in the city. On Uie second of De-
cember, they requested that the family would retire early in the evening, as they
would be at their room, and remain late; and added, that, when about to depart, they
would call tfap wife to let them out. Curiosity, the first tempter, inducca Lydia to
approach the door of the conference chamber, shod in felt, only, and to put her car to
the key hole, where she heard, in detail, the olan of attack for the fourth. Under
pretence of procuring flour from Frankford, she obtained a pass from Sir William
Howe. Leaving her bag at tlie mill, she hastened towards the American limply and
encountered on the way, the American Colonel Crnig, of the light horse; to whom
she communicated the important information. The necessary preparations were, of
course, made. Lydia returned home with her flour; and anxiously awaited news of
the event; but when the British returned, did not dare to ask a question. On the
next evening, one of the officers who frequented the house, requested her to conic to
his room, that he might submit some questions to her. He inquired, earnestly,
whether any of her family were up, the last niffht he was there, bhe told him^ that
all had retired at 8 o'clock. Ho observed, " 1 know you were asleep, for I knocked
at your chamber door, three times, before you heardjnc. lam entirely at a loss, to
imagine who gave General Washington information of our intended attack. When
we arrived near White Marsh, we found all their cannon mounted, and the troops
prepared to receive us, and we have marched back like a parcel of fools."
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HISTORY OF NEW JERSEY. 257
The invading force, immediately under the^ commander-in-chief, aHiounted
to about 9000 men. He was supported by Major-general Phillips, of the
artillery. Major-general Reidesel, and Brigadier-general Sprecht, of the Ger-
man troops, together with the British Generals, Frazer, Powell, and Hamil-
ton; all oifficers of distinguished , merit. The detachment under St. Leger,
consisted of about 1800 men ; one-half of whom were Indians; and the greafer
proportion of the other Iialf, American loyalists, under the command of Sir
John Johnstone. A considerable force was leil in Canada, under. Sir Guy
Carleton, whose military command was restricted to the province. This able
and humane officer, though indignant at having been suspended, displayed
the greatness of his mind, by his ready and effective assistance, in promoting
the objects of the campaign.
XXXIII. The northern' American army, whicb had been formed only for
the year, dissolved with that (erm^ So far from being in condition for of-
fensive operations, scarce a show of defence could be preserved in th^ forts.
The charge of this frontier was assigned to troops to be furnished by Mas^a-
chusettsj New Hampshire, and the north-western parts of New Ydlrk; but
the. recruiting proceeded so slowly, that it became necessary to call in the aid
of the northern militia. General Gates, having joined General Washin^on,
this department was solely utder the conmiand of Greneral Schuyler, who
failed in no eff)rt io fulfil its duties. His plans for the ensuing campaign in-
quired 15,000 men,; a very small portion of ivhich could be supplied to him
in reason. The services of this officer' iiad been more solid than brilliant^
and were not, generally, nor duly, appreciated. Dissatisfied with their ac-
ceptation, his resignation wfis delayed, only, by patriotic motives. Whoi
the fear ef a winter attack upon TKconderoga had been removed, by the
open state of Lak^ Champlain, he Repaired to Congress to have his compli-
cated accounts adjusted, 1^ conduct mquired of, and his plam of future ac-
tion approved and sustained. When his maiiy and arduous services had, thus,
becakne fully known. Congress deemed It essential to the public interests, to
prevail on him to retain.his commission. Repealing the resolution of the 6th
March, 1776, which fixed his head-qiMUters at Albany, they directed him on
22d May, 1777, to assume the oommand of the whote northern dq)arbtient,
consisting of Albaay, Ticonderoga^ Fort Stanwix, and theijr dependencies.
XXXIV. Sensible of the dangers which \surrounded hun, he madQ
every exertion to meet them;, visiting in person the several posts, and ob-
taining supplies of. provisions. He, was at Albany, for th^se services, and
for hastening the march of rciiffbrcements, when he received intelligence,
from General St. Clair, cbminanding at Ticonderoga, that General Ekirgc^ne
had appeared before that fortress.*
The rayal army approached by the unimpeded route of the lake; and
advanced from Crown Poiijit, with equal caution and order, o» both sides
x)f the strait, through which their naval force proceeded. In a few days
they surrounded three-fourths of the American ivorks at Ticonderc^ and
Mount Independence, and. erected a battery on Sugar Hill, comm^mding
both positions. The defence of the lines required ten thousand men ; the
actual force within them, was twenty-five hundred and forty-six continentals,
and nine hundred militia, badly equipped, worde drmed, and with .provisions
for twenty days, only. Had it been pra^tk^ble to obtain an accurate know-
ledge of the strength of the besieging army, in due season, prudence would
Tiave ^required the abandonment of the post and removal of the stores, before
its dose approximation. Under existing circumstances, speedy retreat o£ the
garrison was indispensable t<lftbe safety of the troops; and though General
• * July lit, 1777.
2K
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258 fflSTORY OF NEW JERSEY.
St Clair knew, that th9 whole country relied, confidently, on the mainte-
nance of the post, he wisdy and heroically resolved, with the unanimous
consent of his officers, to aband6n it, and to preserve his army, if possihle,
fbr a future service. The execution of this resolution astounded and dis-
gusted the nation; hut its propriety heca^^p evident, so soon as circiun-
stances permitted inquiry. A few days hefore the place was invested.
General Schuyler, from the inspection of the muster rolls, and other r^>orts
alike erroneous, had stated the strength of the garrison at five thousand men,
and its provisions abundant; and the invading force was, generally, sup-
posed to be inferior. When, therefore, it was known, that the fortifications,
on whKh much money and labour had been expended, and which were
deemed the key of the whole western co(mtry, had been abandoned, without
an e^rt to sustain them — that an immense train of artillery, consi&dng of
one hundred and twenty-eight pieces, and all the baggage, military scores,
and provisions, had fallen into the- hands' of the enemy — that the army on
its retreat, had been attacked, defeated and dispersed, astoiiishment pervaded
all ranks of men, and the conduct of the officers was universally condemned.
Congress directed a recall of all the generals of the department, and an in-
quiry into their conduct. Through New^ England, especially, the most
malignant aspersions were cast on them; and Genertd Schuyler, who, from
some imknown cause, had never been viewed with favour in that part c^ the
continent, was involved in the common charge of treason, to which this
accumulation of unlooked fbr calamity was generally attributed, by the mass
of the people. On the representation of Washington, the recall of the officers
was suspended, until he should be of the opinion, that the state of things
would admit such a measure. Gates, however, was directed to take tke
place of Schuyler. This substitution was warranted by policy; since it pat
at the head of the department, a general who enjoyed the pulAic ccmfidenoe,
in the place of one who had lost it.
On abandoning the fort, St. Clair retreated rapidly t6 Castletowft, thirty
miles from Ticonderoga. In the pursuit, the ^emy, with eight hundred
and fifly men, under General Frazer, came up with his rear guard, under
Colonel Warner, which, amounting to about one thousand men, had halted
sim. miles short of that place.- A sharp action ensued, terminating in
the dispersion of the Americans, with mat loss, by the aid of Gensnd
Reidesel, who arrived with his division of Oermfms, during the heat tH' the
contest. About the same time. Colonel Long was driven, with his de-
tachment, from Skeenesborough, and the 'stores there collected, comprking
nearly all that h&d been saved from the giEurrison, were destroyed. Long
retired to Fort Apne, and soon aflerwards to Fort Edwardj the head-quarterB
of General Schuyler ; whither St. Clair, afler collecting the scattered remains
of his armjr, also, retreated.
XXXy. Burgoyne remained some days at Skeenesborough, to collect and
rsf>eshhisinen; whilst Schuyler employed himself in removing the stores
fbom Fbrt Edward, sweq^ing the country of every thin^ which could sus-
tain an enemy, and throwing obstructions into the streams and roads,- ^^
•check his course. Nor did he cease his endeavours to arouse the surround-
mg countory to activity. Great exertion was also nwde by General Wash-
ington, tare-establish the northern army. Troops, artillery and ammumtion,
were de^atehed firom Massachusetts and Peck's-kill. Generals Lincoln
and Arnold, popular officers, espedally, with their countrymen, and the- not
less popular Colonel Morgan; with his indefatigable rMe c<»rpe, were ordered
to rep^ .to it. In the very success of BurgoyHe, this able and prudent man
saw the source of his defeat, and foretold " that the confidence derived from
success," would hurry him into measures thc^ would effiict his ruin.
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fflSTORY OF NEW JERSEY. 250
In diffperswg the American army, the British general had not completed
half that was necessary, to enable him to reach the Hudson. The country
through which he was to pass was in a great measure, in a primitiye condi-
ticm. Its roads bad, at the best, were obstructed by hundreds of trees, which
had been felled across them. The bridges were broken down, and his pro-
visions, batteaoz, and artillery, were to be transported over this almost im-
passable route. Checked by these impediments, he did not reach that river,
in the neighbourhood of Fort Edward, until the 30th of July. - Schuyler, who
had been daily gathering strength, but not yet strong enough to meet him,
on his approach, retired over tl^ Hudson to Saratoga, a few miles below that
place, and soon after, to Stillwater, near the mouth of the Mohawk ; where
he fortified a camp, in hopes that he should soon be in condition to defend it.
But he ,did not confine himself wholly to defensive operations. The ad-
vance of Burgoyne left the posts in his rear uncovered, and General Lincoln
was ordered,. instead of immediately joining Schuyler, to attempt, with about
two thousand men, to cut (^ the communication of the BrFtish with the lakes ;
whilst Arnold was despatched with three continental regiments to raise the
sifQge of Fort Schuyler, which had been commenced by St. Leger, and to
prevent the junction of the two portions of Burgoyne's army.
XXXVI. On the 3d of August, St. Leger inverted Fort Schuyler, formerly
Port Stanwix. It was garrisoned by six hundred continental troops, com-
manded by Colonel (^maevoort^ On his> approach. General Hbrkimer
assembled the militia of Tryon county, for the purpose of relieving the gar-
rison. Gwtoevoort, apprized of this intention, resolved on a vigorous sortie,
to seccmd it. Unhappily, St. Leger had learned the movement of the former,
and formed an ambuscade, into which Herkimer felU His party was de-
feated with great slaughter ; and the general and many ofiVcere were wounded.
Its entire ^struction was prevented by the timely sortie, under lieutenant-
colonel Willet, who fell upon the feebly guarded camp of the besiegers, drove
the soldiery into the woods, and brought off considerable plunder, several
Indian wet^ns, and other articles much valued. His party killed several
of the enemy* of whom were some Indian /chiefs.
But a chanj^ was about to ocxne over the fortune of Burgoyne. His star
had reached its culminating point, and its decUne was as rapid as its as«en-
sioD. Fort Schuyler was well fortified, and heid out. The Indians of St.
Leger, always fickle, never persevering in continuous iabour, became dis-
l^usted with the service, and impatient of the losses which they had sustained
m the bite skirmishes. At lengthy leammg that Arnold was advancing, and a
report prevaihng, that Burgoyne had been routed, part of them slunk away,
and the remainder threatened to follow. The siege was raised with great pre-
cipitation; the tents left standing, and the artillery, with «great part of the
baggage, ammunitiQn, and provisions, fell into the hands 6f the Americans.
The retreating army wa^ pursued by a detachment from the garrison ; and
the Indians plundered the remaining baggage of the officers, and mass^red
such sddiers as could not keep up with the line of mareh. St. Leger re-
turned to Montreal, whence he proceeded to Tieonderoga, with intention lo
j<HB Bur«>3me by that route.
XXX VII. To prevent relief to the garriscxi of Fort Schuyler, Im attack on
the American anny was suggested by St. Leger $ and Burgoyne was well
disposed to an immediate i^ rapid movement down the Hudson, in hopes
theopeby, to drive, his enemy before him, and free the whole Of the np yc i
country. But his supply of provisions was with ^veat difficulty kept mpy and
aueh a movement would greatly increase that difficulty, as the eonummica-
tioo with Fort George, almdy endangered by the body of militia assembling
at White Creek, must be preserved by larger detachments firom his army than
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260 HISTORY OF NEW JERSEY.
he was in condition to make. In this dilemma, he resolved to attempt the
large magazines of provisions at Bennington. Lieutenant-colixiel Baum, witb
about five hundred men, was detached upon this service, to facilitate which,
Bargpyne moved down the Hudson, and threw part of his army across it to
Saratoga; and Lieutenant-colonel Brechman with his corps, was ordered to
sijqpport Baum. Happily, General Stark, with the New Hampshire militia,
was now at Bennington, on his way to camp, together with the remains of
Colonel Warner's continental regiment; ' making in the whole, a force of two
thousand men. Apprized of his danger, Baum entrenched himself four miles
from the town, and despatched an express for a reinforoem^it. But before
Brechman could arrive. Stark carried the works by assault, and the greater
part of his detachment was killed or taken prisoners. Brechman came up
m time to encounter the pursuing Americans, and he also, was compelled to
retreat with the loss of many men, his artillery and baggage. Five hundred
and sixty-four privates were taken prisoners, but the nimiber of killed could
not be ascertained; the most important acquisition, at the moment, of one
thousand stand of arms, and nine hundred swords, was obtained.
XXXVIII. These fortunate afiairs had the most important consequences.
The whole Mohawk country was liberated from the foe-— the Americans were
at liberty to unite the whole of their forces in the northern department against
Burgoyn©— the militia and continental troops recovered confidence in them-
selves—the opinion prevailed, that the enemy was already beaten, and that
the assembling of the great body of the mihtia, Only, was-neoessary to compel
him to yiel4 his arms. The disafiected became timid, and the wavering
were no longer disposed to join an army whose capture was doomed. But
other causes, also, united to produce the great result. Vengeance for the
barbarities of the savages, fired every breast, and overcame the terror they
had created ; the last reinforcements of. contin:enta] troops had arrived — the
harvest which had detained. the militia was gathered, and General Gates had
succeeded the unfortunate, unpopular, but meritorious Schuyler.*
XXXIX. Notwithstanding these disasters, Burgoyne adhered to his original
mirpoee. By a slow and toilsome mode, having collected prbvisiohs from
Fort George, sufficient for thirty days, he crossed the Hudson with his whole
amy on tne 14lh September, and encamped on the heights and plains of
Saratoga) with the determination of deciding in a general engagement, tl\^
fate of the expedition.
Gates had removed his camp from the islands at the mouth of the Mohawk,
to the neighbourhood of Stillwater. On the 17th, Burgoyne encamped within
four miles of the American army; and, the interval being employed in the
necessary repair of bridges between the two camps^ on the 19th, a general
Engagement was fought, which terminated only with the day, and was in
every respect favourable to the Americans. Beside the actual loss in battle,
the Indians, Canadians, and provincialists, deserted in great numbers. The
next day, int^^igence was received from the north, which gave additional ani-
mation to the Ajttericans. Detachments from General Lincoln's force had
been sent against the forts on the lakes, and Ck)lonel Brown had succeeded in
capturing Mount Defiance, Mount Hope, the old French lines, the landrag,
aiMl about two hundred batteaux at the north >end of Lake George; and with
te loss of only three killed, and dve wounded, had liberated one hundred
American prisoners, and taken two hundred and ninety-three British. This
success was magnified into the reduction of Ticonderoga, and Mount Inde-
pendence; but the attempt on these posts had been repulsed.
The armies retained their positions at Stillwater, until the 7th Oct.; Bur-
*AiigiMt21.
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fflSTORY OF NEW JERSEY. 261
foiyne^ in hopes of relief, which had been promised him before the ISth^by
ir Henry Clinton, from New York ; and Gates in gathering in the militia of
the country. At length, the British general being obliged to diminish the
rations of his men, resolved on another trial of strength with his adversary.
This, like the preceding battle, was maintained until night, and the advantage
was, again, decisively, with the Americans. Burgoyne was compelled tachange
his position, in order to avoid the renewal of the action, on the next day, with
part'of his works in possesion of the assailants. He subsequently retired to
Saratoga, and endeavoured, to open the road to Fort Edward. But being
surrounded, and his provisions reduced to a three days' supply, even at short
allowance, he was constrained by the most humiliating necessity, to open a
negotiation with the American general, and finally to surrender himself and his
army, prisoners of war, upon condition, that he should march out of his camp
with the usual honours, with permission to return to England, but not to
serve against the United States until exchanged.* At the time of the con-
vention, the American force amounted to 9098 continental troops, and 4129
militia; but the sick exceeded 2600 men. The British force was 6752 ; hav-
ing been reduced aince it left Ticon(feroga» 3248 men. In addition to this
very great military force, the British lost, and the Americans acquired a fine
train of artillery, seven thousand stand of excellent tirms, clothing for seven
thousand recruits, with te^s, and other military stores, to a very considera-
ble amount.
XL. During these important events. Sir Henry Clinton had endeavoured,
not very jedkiously, certainly, to assist Burgoyne, by his operations in the
south. He succeeded in capturing the forts in the Highlands^ and in re-
moving tha obstructions to the passage of the North rtverl But so much
time was spent in burning the continental villages, and Esopus, and in de-
vastating the country, that he was tod late to save or serve his countryman.
Upon the capture of Burgoyne, the troops employed in this odious service
returned to New York, having inflkjted much injury upon the Americans,
and added liew intensity to their hatred; but, having done no good, to their
own cause.
About the same time, the British, who had been left in the rear of Bur-
goyne, destroying their stores, and abandoning^ their cannon, retreated to Ca-
nada, leaving the country, so late the seat of furious war, restored to perfect
tranquillity. '
ICLI. The effect produced by the capture of this whole British army was
of the highest importance, in three points of view. It established, incontesta-
bly,. the ability of the United States to maintain their independence; and
though the contest might be prolonged, its ultimate result was no longer
doubtfiiU It created doubts in Great Britain of the success in the war — and
it taught foreigners to confide in, and confiding, to aid) the exertions of the
States. ^ '-
XLII. The captured army was marched to the vicinity of Boston, where
some difficulties in procuring proper quarters for the offiotis, induced a re-
monstrance fipom the General to Gates, in which he observed—^" the public
faith is broken." This expression led Congress to believe, that^ if liberated,
the iToo^ would immediately jom the British garrisons^ in America ; attd
they passed a ^resolution suspending the embarkation, till a distinct and ex-
plicit ratification of the convention of Saratoga should be properly notified by
the court of Great Britain. Thi^ eveiit did not take place for many months,
duriog which the troops continued prisoners.
* October 13.
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262 HIOTORY OF NEW JERSEY.
CHAPTER XV.
Campaign of 1778.— I. Condition of the Army at the Valley Forge and at the com-
menoement of the Campaign. — II. Britian foraging ezciumona in New Jenej.
— III. Fortunate escape ofUn advance party under La Fayette. — IV. !l^ect of
the American luccesses abroad — Efforts of American Afirents. — V. Meamires fbr
Foreign Alliances— Duplicity of France— Treaties with her.— VI. War between
Great Britain and France. — VII. Opinions in Great Britain^Ministerial iiie«r
sures. — VIII. Reception of those measures in America. — IX. Arrival of a French
Minister Plenipotentiarr. — X. The British Army evacuates Philadelphia — Marcli
through Jersey.— XI. BatU^ of Monmouth— British Army regains New York-—
XII. Arrival of the French Fleet— nroceeda io Rhode Iriand.— XIII. Attempt on
Newport— Appearance of the Engbsh Fleet— French and English Fleets pot to
Sear-dispersed by Storm. — XIV. British Incursions in CoBnecticut.-«-XV. Die-
position of the American Army. — XVI. British Incursions into New Jersey. —
XVII. Movements of the adverse Fleets— Detachment against the Southern
States. — XVIII. American Army retires to winter quarters — Its improved con-
ditioBi— XIX. In4ian devastations— Blaasacre at Wyominff.— XX. OperatioiiB
against the Indians.— XXI. Dbcontent in the Jersey line.— XXII. March of Ge-
neral Sullivan to the Indian country— Events th ere, — XXIU. Expedition under
Colonel Broadhead by the Allegheny River.— JEXIV. Expedition against the
Cherokees under General Pickens— &XV. Unprovoked Slaughter of the Indians
at Muskingum,
I. During the winter of 1777, 1778^ the condition of the American army
at the Valley Forge was one of great peril and sideling; requiring all the
attractive powers of the cause and of the geioeral in command^ to presence
that army from dissolution. Every department was imperfectly organized.
But the want of system and experience was no where more visible than in
those of the quartermaster and the commissariat. , Stores of the first neces-
sity, invaluable from their scarcity, were c^lessly abandoned, lost, or em-
bezzled; and in a plentiful country, the tro<^ were in danger of perishipg
for want of food. Tempting opportunities of annoying the enemy were
frequently lost from the absolute impossibility of supplying the parties de-
tailed with the indispensable provisions. Several times, during the winto',
the. soldiers were days without meat; and vegetables and other articles,
indispensable to health, were almost unknown to them. The subsistence
of an army, and the agents engaged in it, should be as dependent on,
and responsible to, the commander-in-chief, as its military movements, and
the officers who conduct them ; and the negUgence, fi^ud, or sluggishness of
the commissary should be as promptly and 0everel3r^puni8hable as the coward-
ice or treachery of th^ combatant. But this depemienpe' was denied by that
passion for engrossing power, and the jealousy which refuses it to others, in-
herent in popular assemblies. Congress would rdinquish no powers which
it could, itself, exercise. Early in d^ war, the office of commissary-genera]
had beeaa c(Hiferred upon Colonel Trumbull, of C<Minecticut, a genUeman well
qualified for its duties, but who, notwithstanding, having to struggle through
the difficulties of inexperience and original organization, could not fulfil them
with universal satisfaction. The rem^y re^rted to by Congress increassd
the disease. They rendered his subordinates independent of the head, and
made them accountable only to their body. Disgusted with a system, whieh
. subjected him to all the daziger of responsibility, without the means of pro-
tection and indemnity, Mr. Trumbull threw up his commission. Ccmse-
quently, the army was subjected to the dread, and, not unfrequently, to the
pain, of famine. Relief was >to be obtained only by compulsory military re-
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HISTORY OF NEW JERSEY- 268
quisitiona, and the whole country within seventy miles of headlquarters was,
by the resolutions of Congress, phiced at the dbpositioo of the commander-
in-chief, whereon to levy whatever might be necessary for his army. That
patriotism which rises and expends itself in sudden elmllition, b of ordinary
growth-^ a fever contagious in crowds— -whilst that which endures under
the deprivation of food and raiment, amid the severities of winter, and the
perils of disease and battle, is as rare as it is estimable — but it is not so rare
as that, which in the. non-combatant, withstands the forcible, hourly, hope-
less, unremuneraled drain of the purse* Against the exactions, therefore, of
the army, even the friendly farmer or dealer opposed the resources of fais
cunning; and though he did not furnish supplies to the enemy who tempted
hini with gold, he concealed them from his friends who Qould pay for them,
at best, in ahnost worthless paper, and frequently, only, in naked promises.
But many, very many, had not the negative merit of forbearing to supply
the foe ; in despite of the unceasing efforts of the American army, they ear-
ned large quantities of provisions to British quarters- Greneral Washington
could obtain relief, only, by the strenuous exertions of his best officers. Ge-
neral Greene, with a strong detachment, searched the surrounding country.
Captain Lee and Captain M'Lane, excellent partisans, were despatched to
Delaware and Maryland, and Colonel Tilghinan into New Jersey — at the
same time Washington urged upon the executive of (he several states, to
exert themselves for the army and the nation. But the appointment of
General Greene to the office of commissary general, under the immediate di-
rection of the commander-in-chief, in March, 1777, was the most efficient
remedy.
The sufiferings of the troops for wdnt of proper clothing, was not less than
from want of food* Thoir deplorable condition, in this respeet, disabled
them from kiting the ^Id. The returns of the first of February, exhibit
the astonishing number of three thousand nine hundred and eighty-nine men,
in camp, unfit for duty, for want of clothes ; of whom,' scare one had shoes.
Even among thoee returned, capable of duty, very many were so badly clad,
that exposure to the colds of the season, must have destroyed them. Although
the total of die army then: exceeded- seventeen thousand men, the efiective
rank and file, amounted, only, to five thousand and twelve. Nakedness
amid frost, unbeidthy food,^and hunger, filled the hospitals with patients. In
these miserable leceptades, death was most firequently found by those who
sought for health. The provision made for them, at all times inadequate to
their wants, was misapplied. They were crowded in small apartments, and
a violent putrid fever raged among them, destroying more than all the other
diseases of the camp. Had the British army, at this season, taken the field,
it might, though with great sufiering to itself, have compelled the Americaa
general, either to fight with inferior nuipbers, and to stake his army upon a
battle, or to retree^ further into the country; which ooUld not have been
effected without great loss, with his naked and barefooted soldiess.
Happily, the real cofidition of this army was not fully known to Sir William
Howe. The present position had been assumed for the purpose of Qovering
the country of Pennsylvania, protecting the magazmes laid up in it, and out-
ting off the supplies of the British army. The plan extended no further than
to guard, with the militia, the north of the Schuylkill, and the east of the
Delaware, so as to restrain the people of the country firom carrying in their
provisions to market, to which they were irresistibly allured, by specie pay-
ments. These dbjects were, in a great measure, though not effectually,
gained; nor, however, without occasionally infficting personal chastisement
upon delinquents. •
II. In the species of war which this state of things produced, the ,advan-
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264 HISTORY OF NEW JERSEY.
tage was witk the British, who, being unassailable in their quarters, and
possessmg the command of the Delaware, might, at any time, ravage the
coast of Jersey, before assistance could be rendered by the continental
troops. The resistance of the militia was inconsiderable, and scarce ex-
pected. Yet the wants of such a number of persons and horses, required a
greater supply of fresh provisions and ibrage than could be procured, by
fight parties or ordinary means. And as the spring opened, with the
design to relieve their own army, and to distress that of the United States,
about the middle of March, Colonel Mahwood and Major Simcoe were
detached into. Jersey, at the head of about twelve hundred men. They
landed at Salem, and dispersed the small bodies of militia stationed in that
part of the country, under Colonels Hand and Holme. The militia were
posted at Quinton's Bridge, Alloways* Creek, over which it was supposed
the British would endeavour to force a passage. Tlieir numbers being
unequal to an effectual resistance, it was only intended to keep the enemy
in some cheek, until they should be reinforced. A judicious plan to sur-
prise them, was skilfully executed by Major Simcoe, one of the best par-
tisans in the British service, and their guard was cut to pieces. The loss
of the militia, in several skirmishes, in killed and taken, was between fifty
and sixty.
General Washington had received early intelligence of this expedition,
which he communicated to Governor Livingston, with a request, that he would
immediately order out the militia in force, to join Colonel Shreve, whose
regiment was detached into Jersey to aid in protecting the country. The
governor could not bring his militia with suffident expedition into the field.
The Legislature had neglected to make provision for4>aying them; and the
repugnance to military duty which this circumstance could not fail to occa-
sion, received no small addition from their tmwillingness to expose themselves
to its dangers, until a continental force should appear, as a point around
which they might rally. On the arrival of Colonel Shreve at Haddonfield,
he found, that the militia who had been assembled to aid him, and to inter-
cept the communication with Philadelphia, amounted to less than one hun-
dred men ; and Colonel Ellis, their commanding officer, remarked, in a letter
to the governor, that, *' without some standing force, little was to be expected
from the miUtia, who being, alone, not sufficijent to prevent the incursioiis
of the enemy, each one naturally consults his own safety, by not being found
in arms.^ -
Mahwood wrote to Colonel Hand, proposing to re-embark his troops, to
refrain from fiirther injury to the country, and to pay for the cattle and
fdrage he had taken, in sterling money, on conditiop, that the militia would
lay down their arms and depart to their homes ; threatening, on refusal, to
arm the lories, to attack all persons he found in arms, bum their, dwellings,
and reduce their families to the utmost distress. And that his threats might
not be supposed in vain, he subjoined a list of the first objects of his intended
vengeance.* Colonel Hand indignantly rejected the proposition, 9fid Mah-
wo(3, but too faithfully, execut^ his threat; and, although his incursion
continued six or seven days, he returned to Philadlelphia unmolested. Not
more than two hundred men cooid be collected to reinforce Colonel Shreye,
who, unable to act -with efl^t, did not even march to the lower parts of
Jersey, which were plundered without restraint. ^
* These were, Edmund Keasby, Thomas Sin nick«on, Samuel' Dick, Whitten Cripe,
Ebenexer Howell, Edward Hall, John Bowen, Thomas Thompson, Georgre Trancliara,
Elisha Cattle, Andrew Sinnickson, Nicholas Keen, Jacob Uuity, Benjamin Hdnes,
William Schute, Anthony Sharpe, and Ahner Penton.
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fflSTORY OF NEW JERSEY. 265
Applications, to General Washington for detachments of continental tTOGjpgy
suffident to cover the country, were necessarily rejected, as the enemy could
reinforce with more facility than he, and coidd, consequently, maintain his
superiority until the whole war would be transferred to Jersey. He, how-
ever, permitted Colonel Shreve to remain on the east side of the Delaware,
and reinforced him with an additional regiment; but would not consent to
add to the strength of this detachment, or to depart from his design to keep on
that side of the Delaware, only, such force as would break off the ordinary
intercourse between the town and country. A larger one would only
direct the attention of Sir William Howe towards it, and induce him to plan
its destruction. Such an attempt on Ck)lonel Shreve, was disappointed by a
precipitate retreat, attended with some loss.
In addition to the vessels which had been engaged in defence of Fort Mif-
flin, others had been commenced above Philadelphia, but were not completed,
when the British obtained possession of the river. To protect these from the
enemy, Washington had directed them to be sunk in such a manner as to be
weighed with difficulty. This order was disregarded. Against the^ vessels
and some stores collected at Bordentown, an expedition was successfully
sent. General Dickenson was in the neighbourhood, but his fbree was too
small to interrupt the enterprise ; and General Maxwell, who had been de-
tached on the first intelligence, that the enemy was advancing up the Dela-
ware, was retarded in his march by a heavy rain, which did not delay the
movement of the British troops, on board of vessels in the river.
III. To cover the country e^tually on the north of the Schuylkill, and
to form an advance guard, which might annoy the rear of the enemy, should
he evacuate the city, an event, deemed daily more probable, the Marquis de
La Fayette was detached, with more than two thousand choice troops, and a
few pieces of cannon, to take post on the lines, with oiders to occupy no
station, permanently, lest the enemy should successfully concert an attack
upon lum; Having taken a momentary position at Barren Hill, ten miles in
front of the army, at the Valley Forge, notice thereof was given to General
Howe; who, having reconnoitred his post, despatched General Grant, on the
night of the nineteenth of May, against him. He succeeded in getting, un-
discovered, into the rear of the Marquis, whilst General Gray, with a strong
detachment, advanced by the south side of the Schuylkill, to a ford, two
or three miles in front of his right flank, and the residue of the army en-
camped on Chesnut Hill. The Marquis discovered the perils which envi-
roned him, just in season, by a dexterous movement, to avoid them. He
vapidly recrossed the Schuylkill by Matson's Ford, and took a post so
fkvourable for defence, that although the enemy pursued him to the bank,
he did not dare to wade the river to assail him. From the apparent impru-
dence, which might be inferred by his surprise, the Marquis is exonerated,
by the fact, that the troops placed by him on h^ lefl flank, had, without his
knowledge, changed their position.
IV. ^ In the course of the winter, the efiect, abroad, of the success of the
American arms, began to develope itself. The government of France could
not observe, without deep interest, the contest which was about to shake,
to the foundation, the empire of her great enemy and rival* Though,
labouring under financial embarrassments resulting from her late wars, she
could not, hastily, involve herself in new expenses, yet the ministry and the
nation, longed for an opportunity of retaliating the mortifications and defeat
they had sustained. When the discontents of the colonies had broken into
open hostilities, M. de Vergennes and other members of the French ministry,
declared it to be the *pdicy of France and Spain, to avoid aggression, for
three causes; the two latter of which, were, doubtless, founded in truth,
2L
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806 HISTORY OF NEW JERSEY.
and are entirely comprehensible: — ^First, for moral reascnis, which were
conformable to the known opinions of the two monarchs: seccmdly, on
aocount of the condition of the finances, the necessity of time for reco-
very of exhaustion, and the danger of perpetuating their weakness l^
premature exertion; and thirdly, that an offensive war, on the part c£
France and Spain, might reconcile the mother and her colonies; giving the
minister a pretext for yielding, and the provinces a motive for acceding
to his propositions, in order to obtain time to consolidate themselves, to
ripen their plans, and to increase their means. They came to the con-
clusion, therefore, to watch ev^i^ in Europe and America; avoiding every
thing which might create an <^inion that they had, in the latter, any
authorized agent; to facilitate to the colonists, the means of procuring, by
conunerce, the articles, and even the money which they needed, but without
a departure from neutrality; to refit and- prepare for sea, the naval force;
but to precipitate nothing, unless the conduct of Ekigland should afford real
cause to believB, that s£m3 had determined to commence hostilities. Upon
these principles, the conduct of the cabinet of Versailles was, for a time,
regulated. A party, however, existed in that cabinet, at whc^ head was
the Queen, which avowed a disposition to seize the present moment for
revenge, by humbling Great Britain, and dismembering her empire.
The Americans had early sought the countenance of foreign powers, and,
particularly, of France. The impossibility of obtaining a sopply of arms
and ammunition by ordinary means, had, in 1775, induced the appointm^ot
of agents to pj^ure military stores abroad ; who communed with a secret
committee of Congress, empowered to correspond with their friends in Great
Britmn, Ireland, and other parts of the world. In the spring of 1776, BIr.
Silas Deane appeared in Paris, as a political and commercial agent, with in-
structions to ascertain the disposition of the French king. That monarch,
was still reluctant to do any act which might commit him with his enemies.
The declaration of independence encours^ged the court of Versailles to fur-
nish, privately, means for continuing the war ; but it was neither willii^, nor
prepared, to acknowledge the independence of the United States.
V. As soon as Congress had resolved on the declaration of independence,
but before it was published, a project for treaties with foreign powers was
prepared, and ministers appointed to negotiate them. Mr. Franklin, Mr.
Deane, and Mr. Jefierson, were nominated ; but the last named, declinii]^
the appointment, Mr. Arthur Lee, then in London, was substituted. They
assembled in Paris, early in the winter, were favourably, but not publicly, re-
ceived; and were assured, that the ports of France would remain open tt>
their ships, and that free commercial relations should be cherished. So clos^
did the Count de Vergennes conform to his system of caution, that, though
the fact was known to the American commissioners, that military stores Imd
been exported from the king's magazines to America, he affected, in their
presence, to be wholly ignorant of it. In this state of the negotiation, the
utmost circumspection was observed in regard to Great Britain. Every step
was taken publicly to gratify her. The remonstrances of her amba^dor
were scrupulously attended to; the departure of ships, having military stores
was forbidden, although they were privately permitted to sail, or sailed without
permission ; officers having leave of absence, and about to join the Americans,
were recalled ; strict orders were given, that American prizes should not be
•old in French ports ; and in some cases, cruisers were compelled to give up
the ships they had captured, and to enter into security to cruise no more in
the European seas. At the same time, the American agents were pnvaCdy
informed, that in despite of these exactions of policy, they might confide in
the good will of the government. Means were also taken to facilitate to
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fflSTJ^RY OF NEW JERSEY. 367
them the negotiation of loans, and the owners of privateers wem permitted,
privately, to dispose of their prizes*
This perplexing and uncertain state, continued from December, I776y-to
December, 1777* The success of the campaign of the latter year placed the
Americans in a more favourable light, as possible instrusients for the grati*
fication of Gallic vengeance, and disposed the ministers to draw the relations
with them more closely. The capture of Burgoyne determined them to ac-
knowledge and support the independence of the United States. France
frankly avowed, what folly alone could tempt her to conceal, that in diis
measure, she sought her own interest. Though war with Great Britain would .
probably be the consequence, there was a generosity displayed in abstaining
from requiring any preference over other nations, and in treating with the
new states as if they had been long establbhed, and were in the fulness of
strength and power.
Two treaties were formed. One, of friendship and commerce, recognised
the independence of America. The other, of alliance, eventual and defensive,
between the two nations, stipulated, that should a war arise between Great
Britain and France during the existence of that with the United Stated it
should become a common cause, and that neither of the ccHitracting partiei
should conclude either truce or peace with Great Britain, without the formal
assent of the other. They mutually engaged not to lay down their arms,
until the independence of the United States should be assured by treaty ter-
minating the war. There were other provisions in this contract, which in their
result did not affdd the revolution.
VI. Soon after, the treaty of friendship and commerce was communicated
by the representative of France to the British court; which, readily, con-
ceiving, that France had not taken this step without a resolution to follow it
through all its consequences, considered the notification a declaration of war;
and immediately published a memorial for the jtistification of the, hostilities
she resolved to commence.
The French ministry received private intelligence, that the English
cabinet contemplated to ofier to the United Stamps the acknowledgment^ of
their independence, on condition of a separate peace. They communicated
this to the American cpnmiissioners, urging them to lose no time in repre-
senting, that the war, though not declared in form, had actually commenced,
and that they, deeming the treaty of alliance in full force, considered neither
party at liberty to make a separate peace.
The despatches containing the treaties were received by the president of
Congress, on Saturday, the second of May, afler the House had adjourned.
That body was immediately convened, and the joyful tidings communicated.
The treaties were ratified, on Monday, with a resolution highly comph-
mentary to the magnanimity and wisdom of the French monarch. But the
intoxication of joy led this grave assembly into the error of publishing both,
the avowed and concealed; or it served as an excuse for involving France,
inextricably, in their cause, by confirming the indignation of Great Britain at
her duplicity.
Vn. The impression made upon the British nation, though different, was
not 1^8, than that upon the French, by the capture of Burgoyne; and pro-
duced even in the cabinet, resolutions in &vour of pacific measures. In
February, 1778, Lord North gave notice in the House of Commons, of his
intention to propose a plan of condliation. In conformity with which, he
moved to bring in ^ a bDl for removing all doubts and apprehensions con-
cerning taxation by the Parliament of Great Britain, in an^ of the colonies
and plantations of North America," and '^a bill to enable his Majesty to ap-
point commissioners, with sufficient powers to treat, consult, and agree upon
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268 fflSTORY OF NEW JBB^EY.
the meaiM of quieting the disorders now subsisting in certain of the cdofnes
of America-
The first declared that Parliament would impose no duly payable in
America, except such as might be expedient for the purposes of commerce,
the net produce of which, should be paid and applied for the use of the colo-
ny in which it should be levied, as other duties collected under the authority
of the Legislature, The second, authorized the appointment of commission-
ers by the Crown, with power to treat, either with the constituted authorities,
or with individuals in America, — the stipulations which might be entered
into, to be subject to the approbation of Parliament. They were also em-
powered to proclaim a cessation of hostilities in any of the colonies; to sus-
pend the operation of the non-intercourse law, and, during the continuance
of the act, so much of all or any of the acts of Parliament, which had parsed
since the 10th of February, 1773, relating to the colonies; to grant pardon
to any number or description of persons; and to appoint a governor in any
colony, in which his Majesty had, theretofore, made such appointments. The
duration of the last act was limited to the first of June, 1779. Both were
sanctioned by Parliament with little opposition. Their great defect was, that
they came too late. The spirit upon which they might have wrought was
no more. It had been succeeded by one to which the demand of subjection,
and the offer of pardon were irreparable insults.
Before these bills could be gotten through the customary forms, intelli-
gence was received of the treaty with France. Copies were, therefore, hur-
ried to America, to be laid before Congress, and the public, that they might
counteract the eiSect of the treaty.
VIII. Washington was instructed of the nature of these bills, as well by
letters, from Major-general Tryon, the British governor of New York, as from
other sources. The communication from Tryon, containing the extraordinary
and impe^^nent request, " that it should be published to the army,** was im-
mediately despatched to Congress. The committee to Whom it was referred,
reported. That the bills were designed to create division among the people,
and to encourage desertion from the common cause, and were the sequel <k
the insidious plan, which, from the days of the stamp act, had involved the
country in contention and blood; and though circumstances might, now,
cause a recession from unjustifiable claims, they would not fail to be renewed
upon the first favourable occasion : — ^That, as the union of the Aniericans,
upon principles of common interest in deffence of common rights, was
cemented by common calamities and mutual good offices and afetion, so
the cause for which they contended, and in which all mankind were inte-
rested, must derive its success from the continuance of such union; and
that, whoever should presume to make any separate or partial convention,
with the commissioners under the crown, ought to be considered and t r ea t ed
as open and avowed enemies of thp United States :— That, the United States
could not, with propriety, hold confei^nce with commissioners from Great
Britam, unless as a preliminary, they should withdraw their fleets and ar-
mies, or in express terms acknowledge the independence of the States: And
that, as it appeared to be the design of the enemies of the Stated, to lull them
into fetal security, the States should be called upon to use the most strenuous
exertions, to send their respective quotas of troops into the field, and to maitt>
tain their militia in readiness. Fearless of the effect of these measures upon
the public mind. Congress ordered the report and resolutions to be' published.
The alKance with France, which had been long expected, was heliev«d by
every patriot to assure the national independence, — and this had become an
olject too dear to be easily abandoned,
' flhibaequently to the rwepticm of the copies of the bills, letters were le.
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* * HISTORY OF NEW SWSEY. " ' S69
ceived by Congress, in the close of May, from Lorf Howe and 8ur Henry
Clinton, encbsing the acts of Parliament, themselves. Congress reglied —
" Your lordship may be assured, that when the king of Great Britain «hill
be seriously disposed to put an end to the unprovoked and cruel w&r waged
against these United States, Congress will readily atte^ to such t#rms of
peace, as may consist with the honour of independent nations, the intereifc
of their constituents, and the sacred regard they mean to pay to treaties.^'
The commissioners appointed to give effect to those conciliatory bills^ .
consisted of Governor Johnstone, Lord Carlisle, and Mr. Eden, to whom Si^
Henry Clinton was added. The three first arrived in PhHadelphia, while
the city was in possession of the British. On the 9th of June they request-
ed, from General Washington, a passport for their secretary. Dr. Fergnson,
with a letter from them to Congress ; but this was refused. They, then, a^
dressed a letter to Congress, in due form, communicating a copy of their
commission, and of the acts of Parliament, and proposing among other *
Ihmgs, to consent to a cessation of hostilities by sea and land ; to resloi^
free intercourse, to revive mutual affection, and renew the common benefits .
of naturalization, through the several parts of the empire: To extend every
freedom to trade, that the respective interest of Britain attd America covii
reqtiire: To agree that no military 'forces should be kept up in North Ame-
rica, without the consent of the general Congress, or particular Assemblies i
To concur in measures ** calculated to discharge the debts of America, and •
to raise the credit and value of the paper circulation :^ To perpetuate the
tmion, by a redprooal deputation of agent or agents, who should have the
privilege of a seat and voice in the Parliament of Great Britain, dr if sent ^
from Britain, in the Assemblies of the different colonies, to which they might*
be deputed, respectively. In short, to establbh thQ power of the respective *
Legislatures in each particular colony, to settle its revenue ia civil aiMi ntlli'-
tary establishment, and to exercise a perf^ freedom in legislation and inter-
nal government; so that the British colonies in North America, acting with
Great Britain, in peace and in war, under one <»mm(Xi sovereign, might
have the irrevocable enjoyment of every privikpp, short of a total separation
of interests, or consistent with that union of force, on which the safety 9f
their common religion and liberty depended.''
The letter containing these propositions, also, contained some obefervatkMa
reflecting on the conduct of France, which gave so much ofience in Congress^ ^
as to cause a suspension of the proceedings on the communication^ But at
length, an answer was agreed upon, signed by the president, and trans- '
mitted to the commissioners, rejecting their prqx)sitio^ and assigning
reasons therefor.
A reply from the commissioners followed the rejection of Congress, and
the negotiation was thus, for a short period, continued, during which Mr.
Johnstone caused certain propositions, in the nature of a bribe, to be made to ' ^
Mr. Joseph Reed, which were not only indignantly rejected by that genile- %
man, but which hniuced Congress to refuse intercourse with the proposer.
Mr. Johnstone, thereupon, retired from the commission, whilst his colleagues
endeavoured to press their views upon the Congress and the natioa* To the
latter, both parties appealed through the press, but the British agents weie, •■
in every e^rt, unsuccessful.
IX. In the midst of these transactions, the Sieur Girard, who had liego-
tiated the treaties between France and the United States, arrived at Phila-
delphia, in the character of minister plenipotentiary of his most Christian
Majesty. This event produced unbounded joy among the people and Con- |
gresB, by whom the minister was reoeired with every demonitrelion of -
respect.
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270 fflSTORY OF NEW JERSEY.
X. About the time tlw command of the army dorolved on Sir Henry
Clinton, orders were received for the evacuation of Philadelphia. Tlie part
wWdi France was about to take in the war, with the naval force she had
prepared, rendered this city a dangerous position, and determined the admi-
nistration, entirely, |o abanoon the Delaware. Pieparations to this end yrere
actively porsued, but it was some time uncertain, to what point the army
.was dastined. At length, the intention was a^^rent to reach New York
through the Jerseys. Upon this presumption. General Washington con-
ducted his operations.
General Maxwell, with the Jersey brigade, was ordered to take post about
Mount Holly, and to unite with Major-general Dickenson, who was assem-
bling the militia, for the purpose of breaking down the bridges, falling trees
m thb roads, and otherwise embarrassing the march of the British general.
Instructions were given to these officers, to guard carefully against a etmp
' de moffi, and to keep the militia, in small light parties, on his flanks.
' When Washington learned, that the greater proportion of the British army
had crossed the Delaware,* he convened a council of general officers, to
determine on his course. The force of the armies was nearly equal, the
nwrnerical advantage being with the Americms; the British having ten, and
the Americans between ten and eleven; thousand. Of seventeen genual
officers, Wayne and Cadwalader, alone, were decidedly in favour ofmttar.king
the enemy. Fayette inclined to that opinion widiout <^)enly embracing it.
Consequently, it was resolved, not to risk a battle.
Sir Henry Clinton moved with great deliberation ; seeming to await the
approach d his adversary. He proceeded throogh Haddonfield,t Mount
Holly, Slabtown, and Crosswicks, to AU^itown and Imlaytown, which he
' reached, on the twenty-fourth. Dickenson and Maxwell retired before him,
unable to obstnutt his march otherwise than by destroying the bridges. As
his route, until he passed Chrosswicks, lay directly up the Delaware, and at
n» great (fistance from it. General Washington found it necessary to make
an extenave circuit, to pass the fiver at Coryell's Ferry. Pursuant to the
settled plan of avoidbg an engagement, he kept the hi^h grounds, directing
bis course so as to cover the important passes of the Highlands. He crossed
the river on the twenty-second, and remained the twenty-third at Hopeweli,
in the elevated country, adjacent to the river.
CSeneral Arnold, whose wounds yet unfitted him for service, was directed
to possess himself of Philadelphia, and to detach four hundred continental
troops, and such nulitia as could be collected, to harass the rear of the enemy*
This service, by the ordsr of the commander-in-chief, was confided to Gene-
ral Cadwalader, who could only add to his continental force, fifly volunteers
tnd forty militia, commanded by Greneral Lacy. From Hopewell, Morgan,
with six hundred riflemen, was detached to annoy his right flank; Dicken-
son, with about one thousand Jersey miUtia, and Maxwell's brigade, hung on
kklefl.
XI. In this position of the armies, Greneral Washington, who had rather
acquiesced in, than approved, the decision of the late council of war, and
was disposed to seek battle, again submitted the proposri to the consideratioQ
of the general officers, by whom it was, again, negatived^ By their advice
a chosen body of fifleen hundred men, under Bngadier-genend Scott, was
added to the corps on the lefl flank of the enemy. But Washington being
♦ Jane 18th, 1777.
t The night that the British enounped at Haddonfield, Captain M'Lane, by ordan
firom C^neral Arnold, passed through their camp, and reported their sitoation to the
ceneraJ.
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V
HISTORY OF NEW JERSET. "271
§ippoited by the wiabos of some (^cem whom ])e1ughly valu^, detenrnoed,
on loB own respossibility, to bring on a general engagement. The enemy
being on his march to Monmouth coifrt-house, he resolved to strengthen the
force on his lines, by d^patching General Wayne with an additional eom
of one thousand men. The continental troops, now, thrown in front of rae
army, amounted to four thousand men, a force sufficient to require Ae £* '
rection of a major-general. Tllie tour of duty was General Lee's; but, he,
having declared, stiongly, against hazarding, even a partial engagement, and
supposing that, in conformity with the advice signed by all the generals i»
eai]^, save one, nothing would be attempted bejtpnd reconnoitring the
enemy, and restraining the plundering parties, showed no disposition t»
assert his claim; but yiel4ed the eomiaand to General La Fayette. All the
continental parties on the lines were placed under his direction, with ordejoi
to take measures, in concert with Greneral Dickenson, to impede the march
of the British, and* to occasion them the greatest loss. These measures de-
mcMistrated the wishes of the commander-in-chief, tending almost inevitably
to ageneral battle. Wayne had earnestly advised it, and La Fayette in-
clined towards a partial engagement. Colonel Hamilton, who accompanied
him, had the strongest desire to Mgnalize the detachment, «*d to accomptiah "
all the wishes of Washington. These dispositions having been made, the
main army was moved to Cranberry, on the 26th, to support the advance.
The mtense heat of the weather, a heavy storm, and a temporary want of
provisions, prevented it from proceeding further n^^iU day. The advanced
corps had pressed forward and taken a position on the Monmoutltroad, ^bout
five miles in the rear of the enemy, with the intention of attacking him on
the next morning. It was now, however, too remote, and too far <m the
right, to be supported in case of action ; and pursuant to orders, the Marquis-
filed off by his lefl, towards Englishtown, early on the morning of the 27th.
General Lee had declined the command of the advance party, under the
opinion, that it was not designed for effective service; but perceiving, soon
afier its march, that much importance was attached to it, and dreadins^lest
his reputation might suffer, he earnestly solicited to be placed at its h€«<U
To reUeve his feelings, without wounding those of La Fayette, Washington
detached the former, with two other brigades, to support the Marquis. Lee
would, of course, have the direction of the whole front division, amount**
ing now to five thousand men ; but he stipulated, that if any enterprise had
b^ formed by La Fayette, it should be executed as if the commanding
officer had not been changed.
Sir Henry Clinton had taken a strong position, on the high grounds about
Monmouth court-house; having his right flank in the skirt of a small wood,
bis left secured by a thick one, and a morass towards his re^r. His whole «
front was, also, covered by a wood, and, for a considerable ^stance towards
his^left, by a morass, and he was within twelve miles of the high grounds
about Middletown ; after reaching which, he wouid be perfectly secure.
Under these circumstances, General Washington determined to attack
their rear, the moment they should move frOMi their grounds This determi-
nation was communicated to Lee, with orders to make his dispositions, and
to keep his troops constantly lying on their arms, that he might be in readi-
ness to take advantage of the first movement. Correspondmg orders were
also given to the rear division.
About five in the morning of the twenty-eighth, intelligence i|as received
from General Dickenson, that the front of the enemy was in motion. The
troops were immediately under arms, and Lee was directed to move on, and
attack the rear, " unless there should be powerfiil reasons to the contrary.*^
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^ m*
272 • ' fflOTORY OF NEW JERSBT.
HawaK, ^JL the same (Ini^^iiklbniied, that the main army would march ^
«,. 0UppDrt him.
Sirflenry Clinton, perceiving that 'the Americana were in his neighbour-
hood, changed the order of his march. The ba^age was placed under the
care of General Ki^yphauaeD, while the flower of his army, unincumbered,
fi>rmM the rear division commanded by Lord Cornwallis; who, to aYoid
^A pressing on Knyphausen, remained on his^prround until about eight, and then
* T^ descending from the heights of Freehold, into a plain of about three miles in
extent, took up his line of march in rear of the front division.*
General Lee mad% the dispositions necessary for executing his orders;
and, soon afler the rear of the enemy was in motion, prepared to attack it.
General Dickenson had been directad, td detach ^sorne of his best troops, to
co-operate with him ; and Morgan to act on the enemy's right flank, but with
^ 2^- 80 much caution, as to be able readily to extricate himself, and to form a
MHP. junction with the main body. ''
' v^vBK ijQQ appeared on the heights of Freehold, soon afler the enemy had left
them, and following the British into the plain, gave directions to General
. ^ Wayne to attack their covering party, so as to halt them, but not to press
*f them suflicient]|i to force them up to the main body, or to draw reinforce-
ments from thence, to their aid. In the mean time, he proposed to gain their
front by a shorter road on their lefl, and entirely intercepting their commu-
nication with the line, to bear them off before they could be assisted.
While in the execut^ of this design, a gentleman of General Washing-
ton's suite came up> to gain intelligence, and to him, Lee communicated bus
present object*
Sir IJenry Clinton, soon after the rear division was in full march, ob-
' served a column of the Americans on his left flank. This being militia,
was soon dispersed. When his rear guard had descended from the hills,
jt was followed by a strong corps ; soon after which, a cannonade upon it
was commenced from some jfieces commanded by Colonel Oswald, and,
* at the same time, he received intelligence, that a respectable force had
* «hown itself on both hfs flanks. Believing a design to have been formed
on his Wggage, which in the dcflles would be exposed, he determined, in
order to secure it, to attack the troops in his rear, so vigorously, as to
•''compel them to call off those on his flanks. This induced him to march
back his whole rear division, which movement was making, as Lee advanced
for tfce purpose of reconnoitring, to the front of the wood, adjoining the
plain. He soon perceived himself to have mistaken the force which formed
the rear of the British; but he yet proposed to engage on that ground,
although his judgment, as was afterwards stated by himself, on an inquiry
f into his conduct, disapproved of it ; there being a morass immediately in his
rear, which could not be passed without difficulty, and which would neces-
sarily impede the arrival of reinforcements to his aid, and embarrass his
retreat should he be finally overpowered.
This was about ten o'clock. While both armies were preparing for action,
Greneral Scott (as stated by Greneral Lee) mistook an oblique march of an
American column for a retreat; and, in the apprehension of being aban-
doned, left his position^ and repassed the ravine in his rear. Being himself of
opinion, that the ground on which the army was drawn up, was by no nieans
favourable to them, Lee did not correct the error Scott had committed, but
directed tha whole detachment to regain the heights they had passed. He
was pressed by the enemy, and some slight skirmishing ensued, during this
retrograde movement, in which not much k>ss was sustained on either side.
* Letter of Sir Henry Clinton.
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HISTORY OF NEW JERSEY. 273
■' When the first firing announced the commencement of the action, the
rear divbion threw off their packs, and advanced rapidly to support the firont.
As they approached the scene of action, Washington, who had received no
intelligence from Lee, notifying his retreat, rode forward ; and about noon,
after the army had marched five miles, to his utter astonishment and
mortification, met the advanced corps retiring before the enemy, without
having made a single efibrt to ni^ntain their ground. Those whom he first *
fell in with, neither understood the motives which had governed General
Lee, nor his present design; and cji^uld give no other information than that,
by his orders, they had fled without fighting.
Washington rode to the rear of the division, which was closely pressed.
There he met Lee, to whom he spoked in terms of some warmth, impljfing
disapprobation of his conduct. He also gave immediate orders to the reg^
ments commanded by Colonel Stewart and Lieutenant-colonel Ramsay, to
form on a piece of ground which he deemed proper for the purpose of check-
ing the enemy, who were advancing rapidly on them. General Lee was
then directed to take proper measures, with the residue of his force, to stop
the British column on that ground, and the commander-in-chief rode back,
himself, to arrange the rear division of the army.
These orders were executed with firmness. A sharp conflict ensued, and
when forced from the ground on which he had been placed, Lee brought off*
his troops in good order, and was, then, directed to form in the rear of Eng-
lishtown. •
The check thus given tlie enemy, afforded time to draw up !he left wisg
and second line of the American army, on an eminence, partly in a wood,
and partly in an open field, covered by a morass in front. Lord Stirling,
who commanded the wing, brought up a detachment of artillery, under
Lieutenant-colonel Carrington, >vith some field pieces, which pfcyed with» *
considerable effect on the enemy, who had passed the morass, and were
pressing on to the charge. These pieces, with the aid of several parties of
infantry, detached for the purpose, effectually put a stop to their advance.
The American artillery were drawn up in the open field, and nMtintain^d
their ground with admirable firmness, under a heavy and persevering fire
from the British.
The right wing was, for the day, commanded by General Greene. To
expedite the march, and to prevent the efnemy from turning the right
flank, he had been ordered to file off by the new church, two miles firom
Englishtown, and to fall into the Monmouth road, a small distance in the
rear of the court-house, white the residue of the army proceeded directly to
that place. He had advanced on this road considerably to the right of, and
rather beyond, the ground on which the armies were now engaged, when he
was informed of the retreat of Lee, and of the new disposition of the troops.
He immediately changed his route, and took an advantageous position on the
right.
Warmly opposed in front, the enemy attempted to turn the left flank of
the American army, but were repulsed, and driven back by parties of in-
fantry. They then attempted the right, with as little success. General
Greene had advanced a body of troops, with artillery, to a commanding
piece of ground in -his front, which not only marred their design of turning
the right, but severely enfiladed the party which yet remained in front of the
left, wing. At this moment. General Wayne advanced with a body of in-
fantry in front, who kept up so hot and well directed a fire of musketry,
that the British soon gave wdy, and withdrew behind the ravine, to the
ground on which the first halt nad been made.
Here the British line was formed on very strong ground. Both flanks
2M
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274 HISTORY OF NEW JERSEY.
5 secured by thkk woods and morasses, while their front could be reached*'
only, through a narrow pass. The dayiad been intensely hot, and the troops
were much fatigued. Still Washington resolved to renew the engagement.
For this purpose, Brigadier-general Poor, with his own and the Carolina
brigade, gained the enemy's right flank, while Woodford, with his brigade,
turned l\mt left, and the artillery advanced on them in front. But the impedi*
ments oh the flanks of the enemy were m consi4erabie, that before they
could be overcome, and the troops approach near enough to commence the
attack, it was nearly dark. Under the^ circumstances, further operations
were deferred until moming. The brigades on the flanks kept their ground
through the night, and the other troops lay on their arms in the field of
bati$, in order to be in perfect readirfess to support them. Greneral Wash-
ington, who had, through the day, been extremely active, pcissed the night,
in his cloak in the midst of his soldiers.
In the mean time, the British were employed in removing their wounded.
About midnight they marched away in such silence, that their retreat was
without the knowledge of General Poor, who lay very near them.
As it was perfectly certain, that they would gain the high grounds about
Middletown, beibn3 they could be overtaken, where they could not be at-
tacked with advantage ; as the face of the country afibrded no prospect of
opposing their embarkation ; and as the battle, already, fought had terminated
favourably to the reputation of the American arms; it was thought advisable
to relinquisl^ the pursuit Leaving the Jersey brigade, Morgan's corps, and
IVULfOne's command * to hover about them, to countenance desertion, and
protect the country from their depredations, it was resolved to move the
main b6dy of the army to the Hudson, and tfidce a position which should
effectually cover the important passes in the Highlands.
The lose of the Americans was eight officers and sixty -one privates killed,
and about one hundred and sixty wounded. Among the slain were Lieu'
ten^t-colonel Bonner of Pennsylvania, and Major Dickenson of Virginia,
both much regretted. One hundred and thirty were missing; of whom
many a^rwards rejoined their regiments.
Sir Henry Clinton stated his dead and missing at four officers, and one
Juindred and eighty -four privates; his wounded, at sixteen officers, and one
hundred and fifty-four privatfes.^ This account, so far as respects the dead,
cannot be correct, as four officers, and two hundred and forty-five privates
were buried on the field, and some few were aflerwards found and buried, ad
as to incretise the number to nearly three hundred. The uncommon heat of
the day was fatal to several on both sides.
As usual, when a battle has not been decisive, 'both parties claimed the
' victory. In the early part of the day, the advantage was certainly with the
British ; in the latter part, it may be pronounced, with equal certainty, to
have been with the Americans. They maintained their ground, repulsed
the enemy by whom they were attacked, were prevented only by the. night,
and the retreat of Sir Henry Clinton, from renewing the action, and suffered
in killed and wounded less than their adversaries.
Independent of the loss sustained in the action, the British army was con-
siderably weakened in its way from Philadelphia to New York. About one
hundred prisoners were made, and near a thousand soldiers, principally
foreigners, many of whom had married in Philadelphia, deserted the British
standard dining the march.
Whilst the armies were traversing the Jerseys, Grates, who commanded
on the North river, by a well timed and judicious movement dowq the Hud-
* The militia had returned to their homee immediately afler the action.
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HISTORY OF NEW JERSEY. 275
■on, threatened New York, for the purpose of restraining the garrison of that
place, from reinforcing Sir Henry Clinton, should such a measure he con-
templated.
The conduct of Lee was generally disapproved. As, however, he had
possessed a large share of the confidence of the commander-in-chief, it is
probable, that explanations might have been made, which would have rescued
him from the imputations cast on him, and have restored him to the esteem
of the army, could his haughty temper have brooked the indignity he be-
lieved to havte been offered him on the field of battle. General Washii^gton
had taken no measures in consequence of the events of. that day, and, pro-
bably, would have come to no resolution concerning them, without an ami-
cable explanation, had he not received from Lee a letter, in very unbe-
coming terms, in which he manifestly assumed the station of a .superior, and
required reparation for the injury sustained, fipom the very singular expres-
sions, said to have been used, on the day of the action, by the oommander-in-
chief.^
This letter was answered by an assurance, that so«oon as circumstances
would admit of an inquiry, he should have an opportunity of justifying him-
self to the army, to America, and to the world in general, or of convincing
them that he had been guilty of disobedience of orders, and misbehaviour
.before the enemy^ On the same day, on Lee's expressing a wish for a
speedy investigation of his conduct, and for a court-martial, rather tfaatt a
court of inquiry, be was arrested,
First. For disobedienoe of orders in not attacking the enemy on the 2eih
of June, agreeably to wpeated instructions. Secondly. For misbehaviour
before the enemy on the same day, in making an unnecessary, disorderly,
and shameful retreat. Thirdly. For disrespect to the commander-in-chief
in two letters. Before this correspondence had taken place, strong and spe-
cific charges of misconduct had been made against General Lee, by several
ofl^rs of his detachment, and particularly, by Generals Wayne and Scott.
In these the transactions of the day, not being well understood, were repre-
sented in colours much more unfavourable to Lee, than facts woald justify.
These representations, most probably, produced the strength of the expres-
sions contained in the second article of the charge. A court-martial was
soon called, over which Lord Stirling presided; and, aflei^ a full investiga-
tion, Lee was found guilty of all the chaises exhibited against him, and sen-
. tenced to be suspended for one year. This sentence was aflerwards, though
with some hesitation, approved, ahnost imanimously, by Congress. The
court soflened, in some degreo, the severity of the second charge, by finding
him' guilty, not in its very words, but of misbehaviour before the enemy, by
making an unnecessary, and, in some few instances, a disorderly retreat.
Lee defended himself with his accustomed ability. He suggested a variety
of reasons justifying his retreat, which, if they do not absolutely establish
its propriety, give it so questionable a form, as to render it probable that a
public examination never would have taken place, could his proud spirit have
stooped lo QfK» explanation, instead of outrage, to the oommander-in-chief.
The attention of General Washington was now turned, principally, to the
North ipiver, towards which the march of his army was directed, with the
intention of continuing some time about Haverstraw. And soon afler be
crossed the North river to the White Plains.
After remaining a few days on the high grounds of Middletown, Sir Henry
Clinton proceeded to Sandy Hook; whence he passed his army over to New
York. This transit was efiected by meansof the f}eet under Lord Howe, which
had arrived off the Hook pn the 28th of June.
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276 HISTORY OF NEW JERSEY.
Xn. Upon the day of battle, the French fleet, under Count d'Eetaing,
having on board a respectable body of land forces, made the coast, off
Chki^oteague inlet. Had it arrived a few days earlier, its superior force
would have shut Lord Howe, and the British fleet, in the Delaware ; and the
capture of the army, under Sir Henry Clinton would, probably, have follow-
ed. The count proceeded to Sandy Hook, for the purpose of attacking the
British fleet in port ; , and should this be found impracticable, to make an at-
tempt on Rhode Island. The first was defeated by the shoalness of the her,
at the mouth of the harbour.
XIII. In the preceding winter, General Sullivan had been detached to
command the troops in Rhode Island, and he was' now directed to make such
requisitions on the militia of New England, and to prepare such measures,
as would enable him to attempt the town of Newport. General La Fayette
joined him with two brigades; and soon after, General Gireene assumed
command of the whole force. On the 26th of July, the French fleet appear-
ed off Newport, and cast anchor about five miles from that place, without
Brenton^s Ledge. •
Sir Henry Clinton, apprehensive for the safety of his troops at 'Newport,
had reinforced Major-general Pigot, who commanded on Rhode Island, and
the garrison, now, amounted to six thousand eflectives. Their main body
lay at Newport; and the American army, under Sullivcm, about the town of
Providence. A plan for the reduction of Newport, was concerted betweoi
D'Estaing and Sullivan, in pursuance of which, the latter landed a force of
near nine thousand men, on the island. But having, as the count supposed,
improperly, taken preference of the French, he be^ipe oflfended, and some
delay occurred in the co-operation of the French forces* Iq the mean time,
a reinforcement to the British fleet arrived from Europe, under Admiral
Byron, who came out to relieve Lord Howe. This circumstance determined
the latter, though still superior in force,^ to attack the French fleet before
Newport. Having approached that town, D'Estaing, with the weather gtige,
left the harbour to give battle. Howe deemed this an advantage in addition
to numerical superiority, too great to encounter, and immediately put to sea,
followed by the French. Two days were spent in fruitless manoeuvres;
and on the third, the fleets were separated and dispersed, by a storm. In a
shattered condition, the English vessels sailed for New York, and the French
for Rhode Island. D'Estaing, alleging his ipstructions to repair to Boston,
should a superior British force reach America^ refiised to renew the attempt
on the island, and left the American army there, to contend alone with the
British in their entrenchments. Against this measure, all the general ofli-
cers, except La Fayette, warmly iirotested. But thus deserted, the siege of
Newport was broken up, on the night of the 28th of August; the army re-
tiring, unobserved, to the northern end of the island. The British followed in
two columns, and a smart action was fought, in which the American troops
showed great firmness and courage. The battle ended with the day; both
parties claiming the victory. Sullivan retreated from the island on the 30th,
just in season to save his army; for on the next day. Sir Henry Clinton ar-
rived with a force which would have rendered it impracticable. The con-
duct of the general was highly approved by Congress. But an unfortunate
expression, in his general orders, seemingly, reflecting on the conduct of the
French, gave the officers of their fleet and army some oflence, which induced
a representation from D'Estaing to the national council. The inhabitants of
New England, generally, were so much discontented with the conduct of the
fle^ that fean were entertained, lest the means of repairing the ships, could
not be procured, These dangerous and irritating dissentions were appeased
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fflSTORY OF NEW JERSEY. 277
by the interference of Washington, Hancock, Greene, and other American
patriots, who justly dreaded their effect on the fate of the country.
The English fleet had suflfered less from the storm than the French ; and
Lord Howe, after refitting at New York, sailed for Boston, in hope of inter-
cepting D'Estaing; but faiHng in this, and finding him safely moored in the
harbour, he returned to New York, where receiving such additions to his
force, as rendered him decidedly superior to his adversary, he resigned the
command to Admiral Gambier, until the arrival of Admiral Byron, daily
expected from Halifax.
XIV. On hisr-way from Rhode Island to New York, Sir Henry Clinton
prepared to make a descent on New London; but the winds proving adverse,
he left the troops and transports, under Major-general Grayj to conduct an
expedition to the eastward, as far as Buzzard's Bay. Gray destroyed a
number of privateers, with their prizes, and some merchant vessels in Acush-
net river, and reduced, on the 5th of September, great part of the towns of
Bedford and Fairhaven, where a considerable quantity of provisions, military
and naval stores, were reduced tp ashes. At Martha's Vineyard, several
vessels and salt works were destroyed, and a heavy contribution of live
stock, levied on the inhabitants.
XV. Apprehensive that ^ combined attack of the land and naval force of
the British, would be made onr the French, fleet. General Gates wfts directed
with thfee brigades to proceed as far as Danbury, in Connecticlit, there to
await orders. And with a view, both to the* passes of the Highlands, and
the eastern States, the camp at White Plains .was broken up, and the main
body of the army took a position further north, at Fredericksburg; while
General Putnam was detached with two brigades, to the neighbourhood of
West Point, and General M*Dougal with two others to Danbury, to join
General Gates.
XVI. Soon after the return of Gray, a large British force from New York,
in two columns, ascended the North river, by either bank. That on the west,
of five thousand men, was commanded bv Comwallis, and that on the east, of
three thousand, by Knyphausen. Their principal object was conjectured to
be forage. The west corps surprised the cavalry regiment of Colonel Baylor,
at Xaupan, or Harrington. The British troops, on the 27th of September,
rushed upon them.in a bam where they slept, and refusing quarter, used the
bayonet with savage cruelty. Of one hundred and four privates, sixty-seven
were, kilM, wounded or taken— Colonel Baylor and Major Clough, both
wounded, the former dangerously, the latter mcJrtally, were among the pri-
soners.^ Some militia in the same neighbourhood, apprized of the approach
of Colonel Campbell, who was sent against them, mode their escape. The
cruelty exercised on this occasion was, by the request of Congress, establish-
ed by an mquisition instituted by Governor Livingston. This affair was in
some degree balanced by one which occurred three days after. Colonel
Richard Butler, assisted by Major Lee, with part of his cavalry, fell in with
a party of fifteen chasseurs, and an hundred yagers, under Captain Donop,
on whom they made so rapid a charge, that, without the loss of a man, they
killed ten of the enemy on the spot, and took the ofl5cer commanding the
chasseurs, and eighteen of the yagers, prisoners.
This movement had been, in part, d^gned to favour an expedition against
Little Egg Harbour. Count Pulaski had been appointed general of the
American cavalry, but the dissatisfaction of theoflScers induced him to resign
his commission. He obtained permission to raise a legionary corps, consist-
ing of three incomplete companies of horse, and the like nomber of foot,
cheered by foreigners, ^rnong whom was one Juliet, a deserter from the
enemy. Tlie Count had been ordered fipom Trenton to Little Egg Harbour,
Digitized by VjOOQIC
278 fflSTORY OF NEW JERSEY.
and was lying eight or ten miles from the coast, when his ppeition was be>
trayed by Juliet. The plan to surprise him was successful, with respect to
his infantry, who were put to the bayonet* The British account represents
the whole corps to have been destroyed ; but the Ck)unt admitted a losa of
about forty only — and averred, that with his cavalry, he drove the enemy
from the ground.
XVII. Admiral Byron assumed the command of the British fleet at New
York, in September, and in October, appeared before Boston, for the purpose
of blocking up D'Estaing, and availing himself of any circumstance which
might favour an attack on the French fleet. • J3ut a furious storm driving
him to sea, and essentially injuring him, he was compelled to put into Rhode
Island, to refit. The French admiral, improvinjf the favourable opportunity,
sailed on the. 3d of Noveipber, for the West Indies. Thus terminated, with-
out material advantage, an expedition, of whose success the most sanguine
expectations had been entertained.
Upon the same day, a detachment of five thousond men, from the British
army, sailed from New York, under Major-general Grant, with the like des-
tination ; and towards the close of the month, another .under Colonel Camp-
bell, embarked, to act oflTensively, against the southern States.
XVIII. As there yet remained in New York a force suflkient for its de-
fence, th^ American army retired, in December, into winter quarters. The
main body was cantoned in Connecticut, on both sides of the North river,
about West Point, atod at' Middlebrook. The troops again wintered in huli,
to which they had become accustomed ; and though far from being well clad,
their condition was in this respect, so much ameliorated, by supplies from
France, that they bore every inconvenience without repining.
The errors 6f the first years of the war had piroduced some useful refcwpms.
The insufficiency of the provision for the support of the military ofiicers, had
caused the resignation of many, to the gre^t injury of the service. From
the convictions of justice and policy, and from respect to the earnest and dis-
interested recominoodation of Getoeral Washington, Congress allowed half
pay, for seven years.afler the expiration of service; which was subsequently
extended to the end of their lives, but was finally commuted for full pay, for
five years. Resignations were afterwards rare, and the States reaped the
benefit of experienced officers, until the war was ended. . A system of n»'^
regular discipline was introduced into the army, by Baron de Steuben, who
had served under the King of Prussia. A very important amelioration was
^ected in the medical d^artment, by appointing diflferent officers to dis-
charge the directing and purveying business of the military hospitals, ^^
had been before united in the same hands. The merit of this change is due
to Dr. Rush. And the ordinances limiting prices, being found utterly im-
practicable, were abolished. ^^
XIX. Throughout all the borders of the land, a barbarous war was earned
on by- the savages, in which the usual restraints on the worst passions of ouj
nature were almndoned. The Amerk»n tories and refugees, who had wd
to the wilds, under the disguise of Indians, indulged an unbounded lust wt
rapine. These tutored savages acted as guidies to the war parties, ^®**^
them into the richest and undefended settlements, and enabling them rj**
<)uently to escape with impunity. Any reverses they might occaswnal y
auflfer, were amply compensated by the British agents, whose iahumaii po-
licy had armed the murderers' hands, and daily urged them ^ ^^^
Whilst the war was distant from the Indian coimtry, the Indians ^^P^^^**^
none of its evils. It produced only the pleasure of adventure, and of sn<l^®^^
extraordinary acquisition. A particular -detail of the devastations ^^P'^^P^'
of the distress of all sexes, ages and oonditioos, who were driven from tBw
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fflSTORY OF NEW JERSEY. 379
ooaflagrated homes, and wasted farms, to seek precarious shelter in the forest,
and to subsist upon the spontaneous productions of the earth, and an account of
the barbarous murders, would exceed our limits, and be but repetitions of dis-
l^ting scenes of horror. We will dwell only on the massacre at Wyoming,
m. Luzerne county, Pennsylvania^ perpetrated under Colonc) John Butler, a
Connecticut tory, and an inhabitant of that charming valley, which in atro-
city has never been surpassed. Early in July, 1778, a party 6f one thousand
one hundred, of whom nine hundred were Indians, entered this .new settle-
ment One of the forts, which had t»een constructed for the security of the
inhabitants, being garrisoned by concealed tories, was surrendered, without
opposition. Another was taken, part of the garrison having retired. Thtf
two principal forts, however, were Kingston and Wilkesbarre, near each
other, on opposite sides of the Susquehanna river. The first contained Co^
k)nel Zebulon Butler, a cousin of the tory chieftain, with the greatest part of
the armed force of the country, and a number of women and children. After
rejecting a summons to surrender, he agreed to a parley at some distance
from the fort, and marched to the appointed spot, with four hundred men.
No person was, there, visible ; but at a greater distance a flag was seen, which
retired towards the mountain as he advanced, until it led him into an am*
,bush, where, almost enveloped, he was suddenly attacked by the enemy.
His troops, with great presence of mind and courage, instantly returned the
fire, and were gaining the advantage in the 'Combat, when some one, either
coward or traitor, cried out, " the Colonel has ordered a retreat !'' upon
which- immediate confusion was succeeded by a total rout. The troops en-
deavoured to cross tlie river to Wilkesbarre, but twenty only escaped from
slaughter. Fort Kingston was immediately mvestcd, and, to incjtease the terror
of the garrison, the green and bleeding scalps of their wounded countrymen
were sent in for their inspection. Colonel Zc?bulon Butler having withdrawn
himself and family down the river, Colonel Dennison, the commanding officer,
went out with a flag, to inquire what terms would be allowed the garrison.
He received for answer, two words,' uniting Spartan brevity with cannibal
ferocity — " The hatchet." This condition, so merciless, he, unhappily, be-
lieved would not be inflicted, and surrendered at discretion. But the threat
was in execution, more barbarous than in the letter. After selecting a few
prisoners, the great body of the captives were enclosed in the houses, fire was
applied to them, and they were consumed together.
Wilkesbarre surrendered without resistance, in the vain hope to mollify the
fiiry of the invaders. The continental soldiers, amounting to about seventy,
were hacked to pieces. The remaining men, with the women and children,
shared the fate of the suflferers in Kingston ; they perished in the fianoes.
Ahhough all show of resistance had terminated, the ruin was not yet com-
plete. Near three thousand persons had escaped. Flying without, money,
clothes, or food, they sought safety in the interior country. T9 prevent
their return, every thing remaining was destroyed. All the dwellings, and
other improvements which the labour of years had provided, as. well as every
living animal which was discovered, was extirpated. The settlements of the
tories, alone were preserved ; an oasis amid the desert.* Some particular in-
stances of barbarity occurred in this expedition, which stain only civil wars.
Parents were murdered by their children, ajad brothers and sisters fell by the
hands of brothers.
A repetition of these scenes, was attempted by a body of about five hun-
dred men, composed of Indians, tories, and a few regulars, who broke into
the Cherry VaJtey settkjmcnt, in the state of New York, where Colonel
* Manball, Ramiay, Gordon.
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280 . HISTORY OF NEW JERSEY.
Alden was posted with a continental ce^ment. A serjeant, with a smail pi*
trole, was cut off; in consequence of \^ich, the coioi^ was completely sur-
prised, and, while endeavouring io regain the fort, was killed, with ten of his
soldiers ; and the iieuteaant«coIonel, and two subaltern-officers, were made
prisoners. The fort was assaulted, but a resolute defence being made, and
tlie assailants having intelligence that relief was approaching the garrisoB,
the enterprise was abandoned, and the party, after repeating the horrors
practised in Wyoming, departed from the settlement.
XX. These injuries were in a small degree retaliated^-by inroads into the
Indian country from Scholiarie, under Colonel William Butler; who pene-
trated as far as the towns of Unandilla, and Anaquaqua^ the head-quarters
of the celebrated Col. Brandt, an Indian of the half-breed, distinguished for
his courage and his cruelty, 'which he destroyed, with a considerable quan-
tity of com, laid up for the winter's supply, without discovering an enemy:—
By Colonel Hartley, who had been despatched with liis regiment, and two
companies of milida, to Wyoming — and by Colonel George Rogers Clarke,
of Virginia, who, with a small force, and extraordinary exertions, averted
die Indian war from his state, and captured the fort at St. Vincents, widi
ks commander. Colonel Hamilton. This officer, with a few of his imme-
diate agents and counsellors, who had been instrumental in the savage bar-
barities h^ had encouraged, were by the executive of Virginia, imprisoned in
irons.
These expeditions, however beneficial, procured only partial relief. Con-
gress, on being informed that the Indians were fortifying at Chemung, a
large settlement about twelve miles from the mouth of Cayuga, a river
emptying into the Susquehanna, where a large body of tones was collected,
directed General Washington to take measure^ to disperse this encampment,
and to repel the invasion o{ the savages on the frontiers of New York, New
Jersey, and Pennsylvania.. But the season of the year being unfit for such
an enterprise, it was postponed.
Early in 1T79, an extensive plan of operations was devised by General
Washington, against the broad and fertile country, lying between the then
westernoiost settlements of Pennsylvania and New York, and the great
lakes, occupied by the Six Nation Indians. These tribes had, from long in-
tercourse with the whites, acquired many of the comforts of civilized life,
with enlarged ideas of the advantages of private property. Their 'populous
villages contained some good houses, their fertile fields yielded an abundant
supply of corn, and their thrifty orchards, of fruit. A few of their towns
were attached to the United States, but the greater portion was under the
influence of the British. In the commencement of the war, they had en-
gaged to be neutral; but were unable to resist the seduction of British pre-
sents, and their own longings for plunder and slaughter. Many of the
loyalists driven from the United States, had taken refuge among Uiem, in-
creasing their strength, without diminishing their ferocity. Into the heart
of these villages of mingled whites and Indians, it was now determined to
lead a force, which, overpowering any numbers they could bring in the
field, would inflict on them a merited punishment for their cruelties of the
past year.
The country was to be entered jn three divisions. The principal, consist-
ing of three thousand men, marching by the Susquehanna, was to penetrate
into the settlements of the Senecas; the second, of one thousand, to proceed
by the Mohawk ; and the third, of five hundred, by the Alleghany river.
To prevent relief from Canada, demonstrations were madef of a design to
attack that province by the way of Lake Cham'plain.
XXI. As the army destined for the expedition, was about to move, alarming
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HISTORY ^OF NEW JERSEY. 881
symptoms of discontent afipeared in part of it. The Jersey brigade had
been stationed through the winter at Elizabethtown, for the purpose of covers
ing the adjacent country from the incursions of the British troops, on Staten
Island. It was ordered, early in May, io march by regiments. To this
order, General Maxwell replied, in a letter to the commander-in-chief, that
the officers of the first regiment had deiiveced to their colonel, a remon-
strance, addressed to the State Legislature, declaring, that, unless their com-
plaints on the subjects of pay and subsistence obtained immediate attention,
they were, at the expiration of three days, to be considered as having re-
signed ; and requesting the Legislature in that event, to appoint other officers.
Greneral Maxwell added, '' this is a step they are extremely unwilling to
take; but is such, as I make no doubt, they will all take. Nothing but ne-
cessity,, their not being able to support themselves in time to come, and
being loaded with debts contracted in time past, would have induced them to
resign at so critical a juncturer" They declared, however, their readiness
to make every necessary preparation for obeying the marching orders which
hfiul been given, and to continue their attention to the regiment, until a rea-
sonable time for the appointment of their successors should elapse.
General Washington was much afflicted by this intelligence, and sought,
in vain, by paternal remonstrance, to change their determination.
The con(htion of these officers seems to have been one of extreme priva-
tion. By a resolution of December, 1777, Congress had recommended to
the several States to furnish the officers of their respective quotas, with cer*
tain clothing, at the prices current, when the army was established, in the
year 1776, the surplus to be charged to the United States. This resolution
seems to have been tardily and imperfectly obeyed, notwithstanding the re-
peated applications of the soldiery. Their pretensions were probably more
strenuously urged in a memorial presented to the Assembly, on the 27th of
April, 1779, respecting their pay, subsistence and clothing, and were sup-
ported by an energetic letter, from General Maxwell; all of which were re-
ferred to a joint committee of both Houses. That committee reported,
" That provision had been already agreed upon, as far as was consistent,
previous to an application to Congress; and that if upon such application, no
measures »re by them adopted in that behalf, it will then be the duty of this
State, to provide for its quota of troops, in the best manner they can de-
vise." This resolution was duly approved; but another offered by the same
committee, that the letter of General Maxwell contains indecent and unde-
served reflections upon the representatives of the State; and that the same
be transmitted to Congress, with a proper expression of the disapprobation
and displeasure of the Legislature, was negatived.
Moved by the wretchedness of these officers, and the troops they com-
manded. Governor Livingston, John Cooper, Andrew Sinnickson, Joseph
Hohnes, Robert Morris, Pfeter Tallman, Abraham Vannest, Silas Condict,
and William Churchill Houston, during the recess of the Legislature, on
the fifteenth of January, requested the treasurer to pay into the hands of
Enos Kelsey, commissioner for the purchase of clothing, the sum of seven
thousand pounds, to be applied in procuring clothes for the officers, agreea-
bly to the resolution of Congress, en^ging to replace that sum in the trea-
sury, provided the Legislature, at their next sitting, should not direct it to be
CJC^'ted in the accounts of the treasurer. On the 30th of April, this direction
was given by the House, with orders to the commissioners to draw the fur-
ther sum of twenty-flve thousand pounds, for the purpose of furnishing to
certain officers, clothing to the amount of two hundred pounds, as the pnoes
then were, upon their paying the sum it would have cost, in the year 1776.
8N
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«82 HISTORY OF NEW JERSEY.
Still tere were oonditioiiB annexed to these grants, whkh rendered them
inefiecthre
On the 7ih of May, the remonstranoe of the officers was repeated, staling,
that they were under marching orders, and in immediate want of a neoessaiy
supply* Upon which the House directed the commttsioner to furnish them
with clothing immediately, to the amount of two hundred pounds, and to pay
to the soldiers of the brigade, the sum of forty dollars each. This disburse-
ment removed the obstacle to the march of the brigade. The reason of the
delay of the State, in supplying her forces, would seem to be a desire, that
some uniform rule to this end, should be adopted by Congress, or that the
confederacy sho^ assume the whole duty to itself.
XXII. Before the gn^d expedition against the Indians, was put in modon,
an enterprise of less extent, was successfully undertaken by Cdonel Van
Schaick, assisted by Lieutenant^M>lonel Willet, and Major Cochran, and
between ^ve and six hundred men, from Fort Schuyler, against the Onoa-
dago settlements. Most of the Indians escaped — ^but twelve were killed, and
thirty-four made prisoners, including one white man. The houses and pro-
visions were burned, the country devastated, and th^ horses and stock dain.
The party returned without the loss of a man; and the colonel received
thanks of Congress.
The largest division of the western army reached Wyoming, under Gene-
ral Sullivan, in the month of June. Its further pr^^press was delayed lor
want of provisions and military stores, until the last of July. In the mean
while, ihd enemy was not inactive. Brandt, at the head of some whites and
Indians, fell upon the frontiers of New York, murdered many of the inha-
bitants, carried others into captivity, and burned and destroyed several
houses. He was pursued by one hundred and fifty militia, whom he drew
into an ambuscade and entirely defeated. A few days afterwards. Captain
McDonald, at the head of anotl^r small party, of whom a third were British,
took a small fort on the west branch of the Susquehanna, making the gar^
rison, of thirty men, prisoners of war; the women and children, contrary
to the usages of the savages, were permitted to r^ire into the settled
country.
Another body of troops designed to compose a part of the western army,
had passed the winter on the Mohawk, and early in the season, under the
ocmimand of General Clinton, marched to Lake Ots^o, and thence de-
scending the Susquehanna, united with the main division on the 22d oC
August. The whole army, amounting to five thousand men, proceeded, by
the Cayuga, into the heart of the Indian country. The Indians, apprized oi
its approach, selected and fortified the ground on which to fi^t a general
action, with no inconsiderable skill. About a mile in front of Newton, and
some miles above Chemung, they collected their whole force, consisting, by
the computation of Sullivan, of fifteen hundred, but by their own, of eight
hundred men, only; with whom were united five companies of whites, com-
Sirisitig two hundred men. They were commanded by the two Butlers, Grey,
ohnston, McDonald, and Brandt. A breastwork had been constructed about
half a mile in length, upon a piece of rising ground, having its flank and
rear covered by the river, and in other respects, naturally straogthened.
About eleven in the morning of the 29th of August, this woi^ was dis-
covered by Major Par, of the advance rifle corps. General Hand formed
his light infantry in a wood a few hundred yards from the enemy, and
awaited the arrival of the main body; skirmishing with parties of Indians,
who endeavoured to entice them to an incautious pursuit. Conjecturing that
the hills on his right, were occupied by the en^my, Sullivan ordered General
Poor, supported by General Clinton, to possess himself of them, to turn the
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HISTORY OF NEW JERSEY. 883
left and gain the rear of the breastworic, while Hand and Maxwell should
attack in front This mancBuvre was qieedily decisive. The savages find-
ing their flank uncovered, abandoned their works, and crossing the river,
fled with the utmost precipitation. An unavailing pursuit was kept up for a
few miles. Their ascertained loss was inconsiderable; but they were so
intimidaled. that they abandoned all idea of further resistance, llie Ame-
rican loss od not exceed thirty. (Sullivan penetrated into the heart of the
country; which his parties scoured and laid waste in every direction. Every
lake, river, and creex, was traced fbr villages, and no vestige of human in-
dustry was spared. Houses, cornfields, gardens, and fruit-trees, shared one
common fate; the commanding seneral strictly executing the severe, but
necessary orders he had received, to render the country completely unin-
habitable, and thus to compel the Indians to remove to a greater distance.
Eighteen villages, a number of detached buildings, one hundred and sixty
th^isand bushels of com, and all those fruits and vegetaUes which conduce
to the comfort and subsistence of man, were utterly destroyed. Five weeks
were spent in this work of devastation. The want of provisions, alone,
prevented Sullivan from endeavouring to render the campaign more decisive,
by an attempt on the British post at Niagara.
XXin. While Sullivan laid waste the country on the Susquehanna, ano-
ther expedition, under Cok>nel Broadhead, ascended the Allegheny, against
the Mingo, Muncey, and Seneca tribes. With more than six hundred men,
he advanced two hundred miles up that stream, and destroyed the villages
and cornfields on its head branches, with their wretched proprietors.
This chastisement of the savages was most savage, and is defensible, only,
on the ground, that experience had taught, that nothing short of such seve-
rity could deter them m>m the yearly, perhaps, the more frequent, repetition
of the scenes at Wyoming. Although the object of the campaign was not
thoroughly obtained by terminating tl^ Indian war, the Indians were intimi-
dated ; they became less terrible, their excursions less formidable, and less
In the following year, (1780) the Cherokees, forgetting a severe
chastisement given them m 1776, made an excursion into Ninety-Six dis-
trict. South Carolina, massacred some femilies and burned several houses.
General Pickens, with three hundred and sixty-four horsemen, penetrated
the recesses of their country; killed fi>rty of the enemy, took several pri-
soners, and burned thirteen towns and villages. Of his party, one only was
killed and two were wounded. No expedition against the Indians was more
rapid wad decisive than this. The whites did not expend three rounds of
ammunition ; and yet, of the Indians who made themselves visible, three only
escaped. A new and successful mode of fighting was introduced ; the horse-
men charfi;ing with reliance only upon their swords. The vanquished hum-
bly sued tor peace, which was sranted, on condition, that they would deliver
up all British emissaries, who uiould stimulate them to war.
XXV. These severe inflictions upon the Indian tribes, were the rigid
exactions of duty; but we are required to record a massacre by the whites,
that mav be a pendant for that of Wyoming. An English poet* has,
gracefhlly, sung the sufferings in the last, but no bard has described the hor-
rors of the slaufihter at Muskingum. At tins place some Indian converts of
the Moravians nBid settled. Under the care of pious missionaries, they had
been formed into some degree of civil and religious order, and had adopted
the fiiith, that ** The Great Being did not make men to destroy men, but to
love and assist each otfier.'' Upon this principle, they advised other tribes
* Campbell.
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aSi HISTORY OF NEW JERSEY.
to desist from war; and from humanity, they premonkhed the whites, ironi
time to time, of the dangers that threatened them. Provoked by this inter-
ference, the hostile Indmns removed their pacific countrymen to the banks
of the Sandusky. They obtained permission, however, in the Ml of the
year, to return and collect the crops they had planted. The whites, on the
Monongahela, either through misconception or malice, reported, that their
designs were inimical; and without due inquiry, one hundred and sixty
crowed the Ohio, and slaughtered these inofikisive people, who fell mar-
tyn to their principles of non-resistance. Not less than ninety were thus
immolated.
Retribution, however, was not long delayed. Soon after this unprovoked
butchery, a party of whites set out with the purpose of destroying the Indian
towns on the Sandusky. But being encountered by the Delawares and
Wyandots, they were repelled, with ^ loss of several prisoners, among
whom, were Colonel Crawford and his son-in-law. All were ofiered up to the
manes which haunted the Moravian towns of the Muskingum.
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fflSTORY OV NEW JERSEY. M5
CHAPTER XVI.
Comprisiiura View of the War in the South.-— I. Inert ftate of the Country in 1779.
— II. The British GoTemment adopts Yiewi of partial Conqueet.— III. Oeorna
oremm — and Charleston threatened — Unsaccessfol Siege of Savannah.— IV. Bilr
fienry Clinton snbdaes South Carolina. — V. His meiasnres induce Revplt. — VI.
General Gates assumes command of the Southern Amj— Battle of Gaindea. —
VII. B&ttle of King's Mountain.— VIII. Comwaltfs reinforced.— IX. General
Greene Appointed to the Southern Department— Battle of the Cowpens— Retreat
to Viifinia.F*-X. CorawaOis retires, is pursued— Bdttte of Guilford Court House.
— XI. ComwalHs marches for Petersburg- Greene for South Carolina— ^;q»edi-
tion of Arnold against Virginia — Preparations against him — Defence of Virginia
entrusted to La Fajette— ComwaUis takes command of the British Forces in v ir-
ginia.— XII. Progress of Greene in recoyering the Southern States.— XIII. Suf-
ferings of the InCabitants.
I. The exertions made by the United States, though not beyond their
strength, if pUt forth with system and discretion, were irr^[ular and violent^
and followed by that syncope which invariably attends undue effi>rts. A
general langour had diflnised itself through all the civil departments. The
allianoe with France was supposed to have secured independence, and a con-
fidence that the enemy could not longer prosecute the war with success, pre-
vented that activity which was painfol to exert. The wretched polky of
short enlistments had been pursued, until correction was impossible. The
enthusiasm, which, at the commencement of the contest had overcome all
personal considerations, had subsided, and was succeeded by views more
particularly selfish, and more durable. From these considerations, it was
not until the 2dd January, 1779, that Congress authorized the re-enlistment
of the army; nor until the 9th March, that requisition was maris upon the
States, for their respective quotas. The bounty ofibred, being^insufiicient to
bring the m^ into the field, resort was again had to the special authority of
the States. Thus, at a season when the recruits should have been in camp,
they were ^et to be obtained; and the public service was exposed to great
ha^urd fh>m the delay. At this period, too, several circumstances conspired
to foment pernicious divisions and factions in Congress, which greater danger
might have prevented or suppressed.
These diasentions, the removal of individuals of the highest influence,
from the national councils to offices in the state governments; the deprecia-
tion of the paper currency ; the destructive spirit of speculation caused by
imaginary gain from this depreciation; a general laxity of principles, the in-
sqpimble concomitant of dvil war and revolution; the indisposition to sacri-
fice personal convenience for the public weal; were rocks, on which the ves-
sd of state might yet split, and which required the care of those whom
influence and patriotism placed at the helm.*
The knowledge of these fiu^, deeply affected the mind of the commander*
in-chief of the American armies, and gave him many apprehensions for the
final result of the contest. They, also, had probably great eflect upon the
Briti^ commissioness ; who inferred that the people, worn out by the com-
plicated calamities of the struggle, desired an accommodation on the terms
proposed by the ministry, and tlmt the increaon^ difficulties necessarily re-
sulting from the fiuluie of public credit, would mduce them to desert Con-
* Letter of Washington, Marshall, iv. p. 6.
« Digitized by VjOOQ IC
286 fflSTORY OF NEW JERSEY.
gress, or compel that body to accede to those tenns. These ofHiiioiis, com-
municated to thdr goveram^it, undoubtedly continued to protract the ocmtest.
11. The British govemm^t, confident of complete conquest, had {nose-
cuted the war with a view to the recovery of the whole of its dominions in
America. But the reverses they had sustained, the alliance with France,
and the firmness with which the contest had been maintained, together with
the rejection of the late pacific propositions, induced a change in the plan of
operations. The islands about New York were retained, whilst their arms
w^re principally directed against the southern States, which were less canabKe
of resistance, and on wliich a considerable impression might certainly be
made, and probably extended nolrthwurd ; but, however this might be, the
possession of several States, at the negotiation for general peace, would afiR>rd
plausible ground for claiming to retain them. Of the succeeding campaigns,
therefore, the most active and interesting operations were in the soutl&m
country. But ou» limits and our purpose, forUd us to do more than shortly
to advert to them.
m. Lieutenant-colonel Campbell, who sailed fipom New Y<«k, in Decem-
ber, 1777, arrived socm afler at Savannah, and, in despite of the opposing
efibrtsof General Howe, captured that plaoe; and, aided by General Prevost,
who advanced firom Florida, reduced without difficulty, the whole stale of
Georgia; the inhabitants flocking in numbers to the roytBi standard. This
rapid progress of the eaemy caUing for more efficient .measuxes of reaifteiice.
General LiAcohi was appointed to the southern command, in Septembsr,
1778. Previously, considerable reinforcements bad been ordered from the
ittorthem army, particularly in the cavalry foments of Bbtnd, and lian-
tenant-colonel Washington. Their march was, however, some time d^yed,
in consequence of the invasion of Virginia, in May, by Brigadier-genenl
Matthews. His expedition, undertaken principally wkh the view of destxoy-
iag the stores which had been laid up on the watens of that State, was but too
successful; he having destroyed, in a few weeks, public and private pro-
perty of iim»^se vaUie, at Norfolk, Portsmouth, Goqwrt, and the adjacent
country. •
The greatest force under Lincoln, assembled and armed with much diffi-
culty, amounted to three thousand six hundred and thirty-nine, of whom two
thoittand four hundred and twenty eight, rank and file, were eAectives; ooe-
Wf, however, were militia; whilst Prevost commanded three thousand ef-
fective regulars, aided by many provindaJs. Lincoln proceeded firom Purys-
burg, into Georgia; and, in the mean time, Provost marched on Charleston
with two thousand four hundred regular troops, and a considerable body of
Indians, driving before him General MouHrie, at the head of an inferior
force. He summoned the town, on the 11th of May, 1770, but was com-
pelled soon after, to raise the siege, by the approach of Lincoln, and to retire
to the islands on the coast. On the 20th of June, a sharp but indecisive afiSkir
took place b^ween twelve hundred Americans and seven hundred JBritish, at
Stono Fstry, in which the former lost one hundred and fifty men, with the
much lamented Colonel Roberts. Prevost, retreating firom island to island,
soon after returned to Port Royal and Savannah, his troc^ enriched by the
in£scriminale plunder they had made.
Tlie Count D'Estaing, after a successful cruise to the West Indies, pur-
suant to the instructions of his court, and the sohcitatk^is of Lincdn and the
audK>rities of South Carolina, arrived (September 1st,} on the coast of
Geofgia. He summoned Savannah, but sirffered himself to be amused by
Pjrevost for several days, until the latter had called in his troops, and was
fiilly prepared for defence. Being joined by Lincohi, a formal siege was
commenced; the ground being broken on the 38d of 4ftie month, and the ad-
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HISTORY OF NEW JERSEY. 387
vanoes made with every prospeet of final succeso* The imfiatiQiloe of the
French commander and hia officers, excited by the dangers of the hurricane
season^ iadkoed an araault on the 9th of October, with thirty-five hundred
French, and six hundred continental troope; which, though bravely made,
«as faimtely and suceestfiilly repelled. Count D^Estalng and Count Pulaski,
were both wounded, — the former sligl^y, the latter mortally. The loss of
the French was six hundred and thirty-seven, and of the Americans two hun-
dred, men. The milkia returned to their homes, and the f'rench fleet and
army to the West Indies. This visit of the fleet, however, disconcerted the
British plans for the campaign, and occasioned the withdrawal of their army
firoffn Rhode Island; and their efforia in the south resulted in the possession
of Savannah merely.
IV. Upon intelligence of these events, both parties sought to strencth^
their respective forces, in the south. A large detachment, under Sir Henry
Clinton, in person, sailed firom New York, late in December, leaving the
deftoce of that city to General Knyphausen; whilst Washington desMtohed
soothward, the troops of North Carc^ina, the new levies of Virginia, the rear
division of Bkmd's and Baylor's cavalry, and afterwards, the Virginia line.
In. his passage, Sir Henry ^icountered a storm, which endamaged him so
much as to require a reinforcement and supplies from New York. Charles*
too was his primary object, against which he proceeded from Savannah, on
the 10th of rebruar}^ 1780; approaching by way of the islands with great
caution. On the fiirst of April, he bnnce ground, within eight hundred
yards of the American works, and on the 12th of May, the town capitulated.
General Lincoln and his army, consisting of two thousand efiectives, be*
came prisoners. During the progress of the expedition, several sharp en-
counters took place, . between small parties. The cavalry under General
Huger, stati<Mied about thirty miles above Charleston, was attacked and
routed by Cokmel Tarleton and Major Ferguson, on the morning of the 14th
of April, and four hundred horses captured; and on the 7th of May, the
remnant xx>llected under Colonel White, of New Jersey, at Monk's Comer,
was again charged and dii^rsed by the same active British officers.
Having possession of the capital, Sir Henry employed himself in reducing
the country ; despatching parties in various directions over it. The inhabi-
tants vied^with each other in devotion to the royal cause, and many, even of
the citizens of Charleston, enlisted under the royal banners. In these opera-
tions, the only circumstance meriting special notice, was the surprise and
defeat of Colonel Burford, by Colonel Tarleton. Burford commanded a re*
ffiment of new levies from Virginia, who arrived too late to aid Charlestmu
Upon the surrender of the city, he commenced his retreat, but was overtaken
by a rapid march of one hundred and five miles in fifly-four hours. No
quarter was given, and the carnage was horrible; one hundred and thirteen
were killed on the spot; and one hundred and fifty so badly wounded, that
they could not be removed. So confident was Sir Henry of having conquer^
ed the State, that he proclaimed the pacification, and released from their
pan^ his militia prisoners, those taken in Charleston and Fort Moultrie
excepted; and with the most sanguine hope of the recovery of all the
southern States, he embari^ed for New York, on the 5th of June, leaving in
South Cardina, about four thousand regulars, under Lord Comwallis.
V. The parole of the American prisoners recognised their character of
aliens to Great Britain; their rdease firom it, avowedly, restored, without
their assent, their relatico of subjects; and its efiect was to oooapd them to
assume arms against their countrymen. Had they been sufiered to enjoy
the quiet of non-combatants, they might have remained unarmed ; but they
woirid not submit to the degradation of fighting the battles of the oppressor.
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888 HISTORY OF NEW JERSEY.
The proclamation sowed the teeth of the hydra, and armed men sprang op
in every direction, to resist the BritiBh power.
The Delaware and Maryland lines, with the first regiment of artillery,
were ordered to South Carolina, under General de Kalb; and exertions
were made in Virginia to increase this force. The exiles from the north
and west parts of the State, to the number of six hundred, collected under
Colonel Simipter, and were soon strengthened by a icorps of militia, which
had been collected by Cornwallis. The latter circumstance demonstrating
the temper of the people, induced the British general to draw in his outposts,
and arrange his troops in lai^er bodies.
VI. An army of two thousand men was thus formed, of which General
Gates took the command, on the 25th of July. He, chansing the disposi-
tSons of De Kalb, marched by the most direct route towards ue enemy's post
at Camden; and, unhap|Hly, through a barren country, in which his troops
suffered greatly from famine and unwholesome food. On his way he was
joined by the North Carolina militia, under Greneral Caswell, and some
troops commanded by Lieutenant-colonel Peterfield. He arrived on the IStfa
of August, at Clermont, or Rugely's Mills, whence Lord Rawdon withdrew at
his approach. And, here, the militia from Virginia, under General Stevens,
also came to his aid. With a force, now, of about^ four thousand men, he
marched rapidly, in the hope of surprising 'Camden. At the very hour of
his departure from Clermont, Lord Com^lis left Camden, with the design
of striking him a sudden blow; and, to their mutual surprise, the hostile
armies encountered in the woods, at about two o'clock of the mominff of the
16th of August. The ground did not permit Grates to avail himself of his
superiority in numbers, and Gomwallis restrained the ardour of his troops,
that be might, with the light, better direct their disciplined valour. With
the dawn the action commenced. The militia shamefully fled, carrying
Grates with them, fVom the field of battle, in his endeavours to rally them.
De Kalb, at the head of the continental troops, maintained the fight with
some success, until overpowered by numbers, they were broken, and he ML
under eleven mortal wounds. The Americans lost the greater part of their
baggage, stores, and artillery; and by the estimate of the enemy, eight hun-
dr^l men killed, and one thousand prisoners. Previous to the battle, a party
was detached under Lieutenant-colonel Woolford, of Maryland, to unite with
Sumpter, to intercept an escort of stores, for the garrison at Camden. This
enterprise was successful ; but the party was, aflerwards, surprised by Tarle-
ton, near the Catawba Ford, and was beaten and dispersed with the loss of
between three and four hundred men, killed and wounded.
Notwithstanding the victory. Lord Cornwallis was unable to proceed
against North Carolina, and to prosecute the career which he had pro-
posed; his troops being enfeebled by sickness, and the hostile disposition
of the citizens rendering it unsafe to remove any considerable portion of
them from the State. The disasters, however, of the American arms, chilled
the spirit of resistance; yet it was kept alive by the exertions of those able
partisans, Sumpter and Marion, and was again reanimated, by the severity
with which Cornwallis punished, as traitors, the militia who deserted his
standard — producing but a fiercer resistance, and a capacity to brave and to
bear the extremity of suffering. But the designs of the British commander
were only suspended. He resumed them by despatching Major Ferguson
into the western part of Nordi Carolina, to rouse and organize the tory in-
habitants ; whilst he marched himself, late in September, to Charlotte, where
he proposed to await the resuh of Ferguson's endeavours. That officer,
attempting to intercept Colonel Clarke of Georgia, in his retreat from an
unsuccessful attack upon Augusta, removed nearer to the mountains, where
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HISTORY OF NEW JERSEir. 289
a short delay proved fatal to him. Several corps of hardy mountaineers,
from the western parts of Virginia and North Carolina, under Colonels
Campbell, Cleaveland, Shelby, and Servier, moved upon him with great Ve-
rity, whilst Colonels Williams, Tracy, and Brannan, from South Carolina, ap-
proached the same point. These foieas, toeether three thousand stioBg,
united at Giibertstown. Sixteen hundred of the best mounted marksmen
pursued Ferguson, who, apprized of their approach, pushed for Charlotte.
He was overtaken, oathe seventh of Octoberi upon Kii^-s Mountain, attack-
ed by three divisions, respectively, commanded by Shelby, Campbell, and
Cleaveland, against each of whom, in the order of their arrival, he turned
with considerable eflect, the fearful bayonet ; sustaining the conflict for more
than an hour, and until he received a wound which caused his instant death.
His second in conmiand instantly demanded quarter. Of the enemy one
hundred and fifty were killed, as many wounded, and eight hundred and ten
were made prisoners ; among the latter were one hundred English regulars.
A valuable and timely prize was obtained in fifteen hundred staad of arms.
The American loss was inconsiderable, but among the slain was Colonel
Williams. Ten of the most active tones were selected and hung on the spot,
in retaliation of the cruelties committed on the whigs at Camden. This mis-
fortune compelled Comwallis, who had crossed the Yadkin, to retrace his
steps as far as Wynnesborough, where he awaited reinforcement* The mi-
lititt were unable to follow up their successful blow for want of provisions.
VIII. Confident in the progress of Comwallis, Sir Henry Clinton despatch-
ed from New York, on the 16th of October, three thousand men, under
General Leslie, against Virginia, who, after some depredations, were ordered
to Charleston, by sea, in consequence of the defeat of Ferguson. In the in-
terim, Comwallis was employed in suppressing the hostile efforts of the inha-
bitants, under Marion, Sumpter, Clarke, and Brannan. The most important
of these afiairs was that with Sumpter, on November 20th, at Blackstocks,
near Tyger river, in which he repulsed Colonel Tarleton, with great loss.
IX. Gates slowly collected, at EQllsborough, the shattered remains of his
army defeated at Camden. Being recalled, he delivered the command to
his successor. General Greene, at Charlotte, on the 2d of December. His
greatest efforts had not collected more than two thousand men, of whom
a full third were militia, with which Greene took the field against a supe-
rior regular force, Rushed with successive victories. But even this small
army he soon divided; sending Morgan, with a considerable detachment to
the western extremity of South Carolina, whilst he conducted the main body
to Hicks's Creek, on the north side of the Pedee river, opposite the Cheraw
Hills. Comwallis, who was, again, preparing to proceed against North Caro-
lina, but could not leave Morgan in his rear, sent Carleton against him, with
orders to push him to the utmost. Morgan, with an inferior force, consist-
ing, in a great measure, of militia, firmly awaited his approach, at the Cow-
pens, three miles from the line separating North unJ South Carolina. lu
the encounter which ensued, on the 17th of January, 1781, Tarleton was
defeated with the loss of three hundred killed and wounded, and five hundred
prisoners, eight hundred muskets, thirty-five baggage wagons, and one hun-
dred dragoon horses. The impetuosity which had frequently served this
energetic partisan, was, now, the cause of his defeat. Upon tidings of this
victory, Greene hastened to join Morgan, directing his own corps to Guilford
Court-house; and with great exertions, the prisoners and baggage were se-
cured. In the pursuit, the- British army sacrificed its baggage and every
thing, not indispensable to action or the existence of the troops, and hung,
ahnost constantly, on the American rear. Twice, at the Catawba and the
Yadkin, the Americans were saved by the rising of the waters after their
20
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290 fflSTORY OF NEW JERSEY.
passage and before the arrival of the British. The two divimons of the Ame-
rican army united at Guilford Cknirt-house; hut too feeble for combat, the
commander resolved to continue his retreat across the Dan to Virginia. The
pursuit was so hotly followed, that as his rear crossed that river, the Bri-
tish van was in sight.* Thus baffled, Comwallis retired to Hillsborough,
with the view of rousing the tones; whilst Greene immediately recrossed the
river to mar his labours,t i» which he was eminently successful. General
Pickens and Colonel Lee fell in with three hundred and fifty tories, imder
Colonel Pyle, on their way to the British army, whom they cut to pieces
amid their shouts of '' God save the King,'^ and protestations of loyalty,
which they uttered in the belief, that the assailants were royalists.
Comwallis now retired, yet seeking a proper occasion for battle ; some-
times turning upon the pursuer, and compelling him to retread his steps. At
length, Greene having received all the reinforcements he had reason to ex-
pect, resolved to give battle, and marched, for that purpose, to Guilford
Court-house. Comwallis promptly accepted the ofier. The American troops
amounted to four thousand two hundred and sixty-two, of whom one thoumnd
four hundred and ninety were regulars; the British did not exceed two thou-
sand four hundred veterans. Greene selected his ground, and the issue was
joined on the 16th of March. Afler a fierce combat, in which his troops,
generally, behaved well, Greene was compelled to retreat; but the victory
was dearly purchased, by the loss of five hundred and thirty-two killed and
wounded, being much greater than that sustained by the Americans. Greene
retired but a few miles, and awaited another attack ; but Comwallis, much
enfeebled, lefl his wounded to the care of the loyalists in the neighbourhood,
and pushed rapidly for Wihnington, where stores had been lodged and sup-
plies might be obtained. Greene, also, leaving his hospital to the Quakers
of the vicinage, whom he reminded of his former fraternization, as rapidly
followed to Ramsay's Mills, on Deep River; where excessive fatigue, the
want of food, and the release of his militia, compelled him to stop.
XI. After resting his troops, for about three weeks,* at Wilmington, Com-
wallis crossed the country to Petersburg. He pondered long before he
adopted this northern course, when informed that Greene had taken the boM
resolution to attempt the recovery of the southern country. He concluded,
at length, that if Lord Rawdon, who commanded there, should have been
defeated, he might dread his own safety; but if he had sustained himself, a
return would be an useless abandonment of the ground he had gained. On
the departure of Leslie from Virginia, the traitor, A mold, enter^ that State,
(on the 30th of December) and after committing many depredations, esta-
, Wished himself at Portsmouth, on the 20th of January. Against him,
Washington proposed to send, under La Fayette, twelve hundred men, of
the New England and New Jersey lines, and, also, to employ the whole
French fleet from Newport. Two frigates, however, only, sailed, which
though inoperative in the origmal design, captured the Romulus, of fifty
guns, passing from Charleston to the Chesapeake. Flattered by this success,
the French admiral despatched a larger expedition to the same point; which
encountering a British fleet, under Arbuthnot, near the Capes of Virginia,
was so much endamaged as to retum to Newport, leaving La Fayette at
Annapolis, where he had repaired for convoy. That general retumed to the
head of Elk, whence he was directed to join the southern army. In the m-
terim. General PhilHps had embarked for the Chesapeake, with two thousand
men, and arrived at Portsmouth on the 26th of March, 1781. This reinfbroe-
tnent, giving the British a decisive superiority in Virginia, changed the des-
* February 14th, 1781. t February 2Ui.
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fflSTORY OF NEW JERSEY. 291
tinatknn of La Fayette, to whom the defence of that State was now committed*
For near two months, Phillips and Arnold prosecuted a predatory war, de-
stroying immense quantities of tobacco and stores, and markii^ thfir course
by terrible devastations; La Fayette and Steuben, endeavouring in vain to
stay them, except in the protection of the magazines at Richmond. On the
dOth May, Lord C!omwaUis joined Arnold at Petersburg, a few days after the
death of Phillips, and assumed the command of the whole British force in Ibe
State.
Against him, General La Fayette, aided by General Wayne, maintiilied
a war of posts for the space of three months ; until Comwallis, impressed with
the necessity of providing a strong place of arms in the Chesapeake, select-
ed Yorktown, as a station for his army, and Gloucester Point, for his fleet,
to which he retired with his whole force, increased to seven thousand men.
From the Virginians, he had derived little aid. They either united with the
continental army, or, more commonly, kept out of the way of the British.
Few purchased safety by submission.
XII. Having thus followed Lord Cornwallis to an hour big with his own
fate, and that of the war, we return to General Greene, who, with equal
courage and ability, had turned his arms to the south. A line of posts had
been constructed by the British from Charleston, by the way of Camden and
Ninety-Six, to Augusta, in Georgia, the most important point of which was
Camden. The forts, generally garrisoned by a few regular troops, united
with the tory militia, were only slightly fortified to resist the sudden at-
tack of the militia of the neighbouring country, no apprehensions being en-
tertained of a more formidable enemy. Greene was fully aware of these
uafavourable circumstances. '' I shall take," said he, in a letter to General
Washington, '' every measure to avoid misfortune. But necessity obliges
me to commit myself to chance, and if any accident should attend mc, I trust
my friends will do justice to my reputation." He daached Lee to unite with
Marion, and Pickens, to assemble the western militia, and lay siege to Ninety-
Six; and, marching himself on Camden, encamped before it on the 10th
April. He manoauvred several days around the place, and, on the 25th,
fought a severe battle with Lord Rawdon, at Hobkirk's Hill, with loss to
either party, of about two hundred and fifty men. Although Greene re-
treated from the field, he did not abandon his views on Camden, until Rawdon
was reinforced in the dose of the month, b^ the corps of Colonel Watson,
amounting to five hundred men. He then withdrew behind Sawney's Creek,
and declined the battle, which Rawdon again ofiered. In the mean time,
Forts Watson and Mottehouse, had surrendered to Marion and Lee, and Fort
Oranoe, to Sumpter. Rawdon, abandoning the upper country, retired to
M<Milrs Comer, to protect the district around Charleston. Compelled thus to
comparative inactivity, he behekl the smaller posts reduced, and Seven ty*Six
in imminent danger from the attack of GrenertU Greene. From this mortify-
ing state, he was relieved by the arrival of three regiments from Ireland,
which a|;ain enabled him to overrun (jie state, and forced Greene to retrsat
before him, by the road to Charlotte. An eager race ensued, in which both
parties divested themselves of whatever could stay their speed. But at the Bn-
none. Lord Rawdon gave it over as hopeless. The retreat ceased with the
pursidt, Greene halting on the north side of the Broad river; and, on the
IMi July, he took post on the high hills of Santee.
hard Rawdon, stsU heading his purpose of concentrating his forces in the
lower country, withdrew his garrison; but soon after avai£d himself of per-
mission to return to Europe. The command devolved on Colond Stuart,
who advanced to the poet near the junction of the Congaree, and Wateree,
whem he was greatly annoyed by the corps of Marion and Washington. Ailer
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292 HISTORY OF NEW JERSEr.
a period of comparative repoee, Greene recommenced active operations €€i
the 22d of August, and, being strengthened by the militia and state troops of
South Carolina, followed the British army to Eutaw, where it was reinforced
by a detachment from Charleston. Greene was here joined by Marion, on
the 7th September, and resolved to attack the British camp next day.
The battle of EutAw Springs, was one of the most obstinate of the war.
It was fought with about equal numbers, (2000) and ended in equal loss.
The American killed, wounded, and missing, were estimated at five hundred
and fifly-five; the British, at six hundred and ninety-three. But the Ame-
rican dead, owing to an obstinate contest on unfevoorable ground, was most
numerous. Among them, was Lieutenant-colonel Campbell, who fell whilst
leading the Virginia brigade with trailed arms to a bold and decisive chai^
which broke the British line. Colonel Washington was taken prisoner,
having been unable to extricate himself from his horse, which, being killed,
had fallen upon him. Both parties claimed the victory, but Stuart was
compelled to withdraw to Monk's Comer, whilst Greene returned to the
high hills of Santee, where his troops became too much enfeebled by disease,
for active enterprise. The battie of Eutaw may be considered as closing
the national war in South Carolina. A few excursions were afterwards
made by the British, but with no more consequence than the loss of prc^perty
and individual lives. On the 18th November, Greene moved down into the
lower country, and the British retired with their whole force to the quarter-
house within Charlestcm Neck, and the conquerors, who had carried their
arms to the extent of tlie State, aimed at nothing more, than to secure them-
selves. After the capitulation at Yorktown, the British post at Wilmington,
in North Carolina, was evacuated, and the troops in Geoi^a, were concen-
trated in Savannah.
The labours and exertions of the southern army were highly merkorious,
but the sueoessfti! aotivity of the legion under Lee, claims particular atten-
tion. It was, from its structure, peculiarly adapted to partisan war; and,
being detached against the weaker posts of the enemy, had opportunities for
displaying all its energies* In the extensive sweep from the Santee to Au-
gusta, which employed, from the Idth April, to the 5th June, 1781, acting
m jimction, first with Marion, afterwards with Pickens, and sometimes alone,
it constituted the principal force which carried five British posts, and made
eleven hundred prisoners. At the commencement of the campaign of 1781,
the British were in force all over the state ; at its close, they durst scarce
venture twenty miles firom Charleston. At its commencement, the country
had been completely conquered, and was defended by a r^;ular army, es-
timated at four thousand men. The inhabitants were so divided, as to ren-
der it doubtfiil, to which side the majority was attached. At no time did the
efiectual continental force, which General Greene could bring into the fidd,
amount to two thousand men ; of whom a considerable portion were raw
troops. Yet, by a course of judicious movement, bold action, and hardy en-
terprise, in which he displayed invincSble constancy and courage, happily,
tempered with prudence, he recovered the southern States ; and, at the close
of the year, civil government was fiiUy established therein. A fiiU portion
of praise due to th^ achievements, belong to his troops. They bore every
hardship and privation with pati^oce and constancy. In his <^cers, the ge-
neral was peculiarly hap>py. Unshackled by those, who, without mililary
talent, had, through politick influence, obtained high rank, his orders were
executed by young tnen of equal spirit and intellig^ce, formed in the severe
service of the nortii.
XIII. The suflerings occasioned by the ardent stru^le for the southern
States, were not confined to the armies. The inhabitants underwent the se-
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fflSTORY OF NEW JERSEY. 398
verest inflictioiis. Reciprocal injuries sharpened the resentment of contend-
ing parties^ and armed neighbour against neighbour, in a war of ^termi-
nation. As the parties, alternately, triumphed, opportunity was giv^i to
either for the exercise of vindictive passions, which derived new virulence
from the example of the British commanders. When they had overrun
Georgia, and South Carolina, they considered these States as reannexed to
the British empire, and manifested a disposition to treat as rebels, all who,
having submitted, resumed arms. One of their executions, that of Colonel
Hayne, took place on the dd of August, whilst Lord Rawdon was in
Charleston, preparing to sail for Europe. The disposition to retaliate, to the
foil extent of their power, was equally strong in the opposite party. When
¥ori Granby surrendered, the mUitia attached to the legion, manifested so
strong a desire to break the capitulation, and to kill the most obnoxious of
the prisoners, who were tones, as to produce a solemn declaration from
Greene, that he would put any man to dbath, who should commit an act so
atrocious. Lieutenant^colonel Grierson, of the loyal militia, was shot by un-
known marksmen; and, though a reward of one hundred guineas was of-
fered for the perpetrator, he was never discovered. /' The whole country ,**
sa^ t)ie general, << is a continued scene of blood and carnage.*^
* Ramtay, Gordoa, Ifanhall.
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894 HISTORY OF NEW JERSEY.
CHAPTER XVn.
I. Condition of the Armiei in the North. — II. Britiih Expedition af&init the Forte on
the North River. — III. Expedition under Tryon, against Connecticnt. — IV. Cap-
ture of Stony Point, by WMyne.— V. Attack of the Britiah Poet, on PenobaeoC
river.— VI. Major Lee aaaaulu Paulee Hook.— VII. EfiboU of the System of
Paper Currency. — VIII. Spain declaree War afainat England.— IX Pro ap ee to
of the Campaign of 1780. — X. The American Army retirea into winter quar-
ters. — XI. Marauding Parties of the Enemy in New Jersey.— XII. The Army
at Morristown supplied by forced levies of Provisions. — XIII. Washington
attempts the British Post at Staten Island— XIV. Difficulties arising from the
want of political power in CongreflB.-^XV. Diaoontents of the Army— Mutiny of
the Connecticut troops. — XV I. Knyphausen invades New Jersev — Murder of
Mrs. Caldwell, and of her Husband.— XVII. Battle of Springfield— XVI 1 1. La
Ftiyette returns to the United States.— XIX. Renewed eflforts for the Defenee
of tlie Conntry.— XX. Arrival of the French Fleet and Army— Plans eoaae^oent
thereon. — XaI. Treason of Arnold — XXII American Army retires into wmtar
quarters — XXIII. European combinations against Great Britain. — XXIV. Revc^
of the Pennsylvania line — of the Jersey line— Discontent of the Inhabitants of
New Jersey. — XXV. Gloomy Prospect for the year 1781. — XXVI. Combined
Operations of the French Fleet and Allied Armies, against Comwallis— His
Capture— XXVII. New London taken and burned by Arnold.— XXVIII. Condi-
tion of the Country for the Campaign of 1782 — Resolutions of the British Parlia-
ment in favour of Peace. — XXIX. Malignity of the Tories— Murder of Captain
Muddy.— XXX. Cessation of Hostilities— Treaty of Peace.— XXXI. Disbanding
of the Army .—XXXII. Public Entry of Washington to New York- takes leateoT
his Officers— Sunenders his Commission to Congress.
I. The apathy which we have noticed, as paralyzmff the eSoriB of the
pec^le of the United States, at the commenoemeiit of we year 1779, was
also visible in the operatioos of the British government. The ministry had
lost the hope of reducing all the revolted colonies to obedience, and die de-
sire of vengeance al<Hie seems to have inspired the plan of the ensuing cam*
pai^, which was publicly announced to be that of rendering the colonies of
as Uttle avail as possible to their new connexions. With this view the opera-
tions in the northern States were omducted.
The force under Sir Henry Clinton, at New York, Rhode Island, and
Virginia, was estimated at more than sixteen thousand men, whose efficiency
was greatly increased by the co-operation of a powerful fleet, enabling the
general to concentrate and direct it, at pleasure. The grand total of the
American army, exclusive of the troops in the south and west, was also
about sixteen thousand; of whom three thousand were with Grates, in New
England — seven thousand with Washington, at Middlebrook, and the residue
in the Highlands, under M'DougaJs, and on the east side of the Hudson, under
Putnam.
II. After the destruction of Forts Ginton and Montgomery, in 1777, the
fortifications for defending the Hudson, were established at West Pbtnt, and
at Stony and Verplank's Points, at King's Ferry, over which the great road
betweoi the middle and eastern States passed. Against these posts Sir
Henry Clinton proposed to open the campaign by a brilliant eot^ de
main* Washington, notwithstanding the financial embarrassments of the
country, having always specie to reward spies, soon learned this intentioii,
and made his dispositions to repel the attack. On the dOth of May, the
forces selected for the expedition united with that from Virginia under Mai-
thews, which arrived on that day, at New York, were conveyed to their
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HISTORY OF NEW JERSEY. 295
dettinod point, by the fleet under Sir George Collier. The works at Stony
Point beuig incomplete, were abandoned without resistance, and as they
commanded those on the other bank, the latter were surrendered-— Captain
Armstrong and his garrison becoming prisoners. Both forts were completed
by the enemy, and put into the best state of defence.
III. The contigyity of Connecticut to New York, its extent of coasrt, the
supplies which it furnished to the continental army, and the many croisers
which plied in the Sound, rendered that State peculiarly obnoxious to the
enemy, and provoked an enterprise against it, which was stimulated, also,
by the hope, that Washington might thereby be drawn from his impregnable
podtion on the North river. Governor Tryon, with a force of twenty-six
hundred men, reached New Haven on the 5Ui of July, before the inhabitants
had notice of his approach. The militia hastily assembled, but their opposi-
tion was feeble. The invaders having seized the town, and destroyed the
naval and military stores, proceeded on the succeeding day, along the coast
to the village of Fairfield. They experienced more resistance here, yet the
spirited conduct of the people served but as a pretext for reducing the town
to ashes, for the wanton destruction of private property, and for the mal-
treatment of the unarmed inhabitants of both sexes. From Fairfield, the
British troops passed over the Sound to Huntingdon Bay, where they remain-
ed until the 11th, when they recrossed the water to the Cow Pasture, a
peninsula on the east of Newark. At the same time a larger detachment
from the main army approached Horse Neck, demonstrating a design of
penetrating the country in that direction.
General Parsons, who had been despatched by Washington, to aid and
direct the efforts of his countrymen, attacked the British with a considen^blo
militia force, on the morning of the 12th, so soon as they were in motion,
and kept up throughout the day an irregular and distant fire, but was unable
to check their progress. After burning the town of Norwalk, Tryon re-
turned to Huntingdon Bay, to await supplies and reinforcements; and was
thence ordered to White Stone, where, in conference with Sir Henry Clin-
ton, and Admiral Collier, it was determined to proceed, with increased force
against New London. But this incursion was postponed by the assault of
the American army, on the newly captured posts on the North river.
IV. By an original plan a sunnltaneous attack on both posts was intend-
ed ; hot it was, subsequently, resolved to proceed against Stony Point, as a
distinct object. The enterprise was committed to General Wayne, with
whom Major Lee was associated. He set out at the head of a strong de-
tachment, at noon, and completed a march of about fourteen miles, by eight
o'clock of the evening of the 15th of July ; the hour of twelve being fixed for
the assault. The garrison consisted of six hundred men, commanded by
Lieutenant-colonel Johnston. The dispositimis for the assault were made at
Spring Steels, one and a-half nule from the fort* Instructions were given to
attack the worlo on the right and left flask, at the same moment. The re-
giments of Febiger and Meiggs, with Major Hull's detachment, formed the
right column, and Butler's regiment, with two companies under Major Mur-
phrey, the lefl. One hundred and fifty volunteers, led by Lieutenant-cok>nel
rleury, and Major Posey, constituted the van of the right; and obe hun-
dred, under Major Stewart, that of the left. At half past eleven, the two
columns moved mi to the charge, the van of each, with unloaded muskets,
and fixed bayonets; each preceded by a forlorn hope of hventy men, com-
manded, respectrreiy, by Lieutenants Gibbon and Knox. The assailants
reached the marsh, ui front of the fort, undiscovored. Bo^ columns rushed
forward, under a tremendous fire of musketry and grape shot, and entered
the works at the point of the bayonet, and without di^argng a single piece.
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296 HISTORY OF NEW JERSEY.
obtained posseasioii of the post. The humanity of the amqueron was nol
less honourable than their courage. Not a single indiyidual suffered after
resistance had ceased.
All the troops distinguished themselves, whose situation enabled them so
to do. Colonel Fleury was the first to enter the fort, and to strike the Bri-
tish standard. Major Posey mounted the works almost at the same instant,
and gave the watch word, <* The fori is our oton." Lieutenants Gibbon and
Knox executed the service allotted to them, with intrq>idity which could not
be surpassed. Of the party of the former, seventeen were killed or wound-
ed; and die whole loss was a hundred. Of the garrison, sixty -three were
killed, and five hundred and forty-three made prisoners; and a large quan-
tity of military stores was taken.
The attack on Fort Fayette, though postponed, to that on Stony Point,
was not abandoned. Two brigades, under General M'Dougal, had been
ordered to attempt the works at Verplank's, where Colonel Webster com-
manded, so ^oon as Wayne should obtain possession of Stony Point. The
messenger, directed to apprize M'Dougal of Wayne's success, did i^ot coow
municate with him on his way to camp; and this error, or negligence, was
followed by others, which defeated subsequent efforts upon the place, until it
was relieved by Sir Henry Clinton, who, to save it, relinquished his views
upon Connecticut. The failure to obtain the fort on the east side of the river,
diminished the advantages expected from that on the west; and the latter,
requiring for its defence, a much larger force than could be spared for such
a purpose, was abandoned. Sir Henry, immediately, resumed possession,
repaired the fortifications, and regarrisoned it ; and aflerward retired to Phi-
lipsburg. General Washington maintained his post in the Highlands. While
the armies watched each other, firequent rencounters took place, between
small parties, which were of no other importance, than to evuice the intre-*
pidity, common to the junior officers, who had been formed during the war.
At length, Sir Henry Clinton withdrew into York Island, and employed him-
self in strengthening its fortifications, that he might direct his principal efibrts
against the southern States, and compensate for the abstraction of the fleet,
now sent to relieve Penobscot.
v. Early in June, Colonel MOlean from Nova Scotia, with six hundred
and fifly men, had taken possession of a defensible piece o[ ground on the
Penobscot river, where he commenced such fortifications, as intiinated a
design to maintain the position. This measure threatened a smous diminu-
tion of the territory of the State of Blassachusetts, and great exertions were^
consequently, made to dislodge him. A considerable naval force, under
Commodore Saltonstall, carried out, between three and four thousand men,
commanded by General Lovell, which appeared before the new and unfi-
nished work, on the 35th of June. Lovell e^ted a landing, with the loss
of fifiy men killed and wounded ; erected a battery within seven hundred
and fifty yards of the main work of the enemy, and kept up a warm can-
nonade for*several days. Making little progress with his militia, he applied,
through the governor of Massachusetts, to Greneral Gates, commanding at
Providence, for a reinforcement of four hundred continental troops; and
Colonel JackscHi and his regiment were immediately put in motion. But, on
the 13th of August, Sir George Collier arrived in the river, with a superiw
naval force. Lovell immediately re-embarked his army, so silently as to be
undiscovered by the garrison, who, in their lines, awaited an expected assault
His fleet ofl^ned a sli^w of resistance, that the trajMfwrts might escape up the
river, and land the troops at a convenient point for further retreat. But the
British admiral disregarded this stratagem; the Americans gave way, and a
general chase and unresisted destruction ensued* The troops landed in a
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HISTORY OF NEW JERSEY. 897
Mold desert country, through which they Ifed to explore their way without
provision or other necessaries, for more than a hundred miles, betbro they
could obtain supplies^
VI. The successful enterprise at Stony Point, was speedily followed by
another, which equalled it in boldness of design. AAer Sir Henry Clinton
had retired down the Hudson, Major Lee was employed on the west side o£
the river, to watch the proceedings of the British at Paules Hook, and the
motions of theix main army. The careless confidence of the garrison of the
Hook, suggested to. him the idea of surprising and carrying it off. The at-
tempt was one of much danger, owing to the diiSiculty of access, and the
grater difficulty of safe retreat, which, without boats to cross the Hackm-
sack, must be made for many mile^ up that river, on the narrow neck betwisen
it and the Hudso/ij-ahd could be secured, only, by its celerity. On the night '
of the 18th of August, a detachment from the division of Lord Stirling, in-
cluding three hundred men designed for the expedition, was ordered down^jis
a. foraging party. The American troops having frequently foraged in this
vicinage, the movement excited no suspicion. Lord Stirling followed, with
five hundred men, and posted himself at the New Bridge, over the Hacken-
sack, so 00 to afford assistance, should it be necessary. The assailing party,
under Major Lee, having paseed the outworks, undiscovered, entered the
main work at the Hook, at about three o'clock in the morning; and afler a
feeble rq|sistanpe, with the loss of only two killed and three wounded, made
oee hundred and fifty -nine prisoners, including some officers. Very few of
the Bcitish were killed. Major Sutherland, who commanded the garrison,
threw himself, with forty or fifty Hessians, into a strong redoubt, which it
was thought unadrisable to attack, lest the time employed, should endanger
the retreat ; the gun^ fired in New York and from the ships in the harbour,
ffiving full evidence, that the alarm was complete. Wasting no ttme^ there-
fore, in destroying works^ which could easily, be replaced, Lee, expeditiously,
withdrew with his prisoners. To favour his retreat^ boote had been placed
at Dow's Ferry, on the Hackensack, near the Hook, with instructions to the
officer in command, to await his arrival, which it was supposed would be
before morning. Day appearing without the detachment, Uie officer sup-
posed the attack had been postponed, and retired with his boats to Newark.
The column, though greatly fatigued, was compelled to 4>roceed to New
Bridge, coverefl by the force of Lord Stirling. By mutual mistake, this
party, and a party under the tory Colonel, Yanbuskirk, which crossed each
other, avoided a battle, each supposing, that it was opposed by a superior
force.
VII. Among the causes which now operated to paralyze the exertions of
the Americans, was the depreciation of the paper currency. We have seen
the extraordinary Spectacle of thirteen coloniq^, and afterwards States, wholly
independent of each other, carrying on, by themselves and their deputies, a
burdensome war, against one of the most powerful nations of the earUi;
raising armies on the most expensive, as well as dangerous, establishment;
carrying war into a neighbouring State, and equipping an effi^ent, though
^mrtll iiMvy : — without commercf; nnf) "it bout revenue. These almost mi*
raculous events w^re produced^ in a great measure, .by a paper currency,
sustained by the ignorance, the confidence, and the patriotism of the peopIf»
Paper money was a familiar agent throughout the continent; and soutb of
New England, with the exception of South Carolina, its credit had been, ge-
nerally, well preserved ; .the quantity boiiig much below the demand.x>f com-
inercial exchange. Its extension, therefo're, in the first stages of the revolur
tion, was hailed by fdl classes is a real benefit — as a supply of vital fluid to
the body politic, which renewed and increase^ its vigoury The commerce of
2P •.
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398 HISTORY OF NEW JERSEY.
ibt colonies with England was /perpetual drain of their spek^ie; and the bmi'
ness of the continent, always lemguished for want of a circulating medium*
At the commencement of the revolution, too, the quantity of coin usually in
the country, was greatly diminished. When the intercourse with Great
Britain had caused, and the credit of the colonists with their merchants was
discontinued, part of the current gold and siWer was absorbed in the payment
of balances ; part by the operations of the new authorities, particularly, in
the expedition to Canada ; and part by the hoarding of those, who foresaw
the efiects of the almost boundless extension of the paper system.
The necessity, therefore, of a circulatmg medium co-operated, admirably,
with tlie patriotism oT the people, to facilitate the use of the continental luUs
of credit; and, though, no specific funds were pledged for their red^nptioo,
and the government had none competent to that object, the occasion and the
circumstances, gave such confidence in their value, that he was deemed a
traitor to his country, who manifested a suspicion, that the public faith would
not be religiously observed. So early as January, 1776, Congress passed a
resolution on this delicate subject, denouncing against those who should dis-
courage the circulation of the bills, the penalty of being deemed enemies to
their country.*' But this delusion could not be complete with thinking meo,
nor permanent with any class. As the quantity of bills daily increased,
and soon exceeded all demands for commercial purposes, and could neither
find their way into foreign countries nor be absorbed at home, th^r vakie
became, necessarily, greatly impaired, and t^ir redemption at par imprac-
ticable.
Aware that this truth must be betrayed, to all, by its efiects. Congress la-
boured to procrastinate an event, pregnant with difficulties, they could not
surmount. The emissions were small, as possible, and disbursements so par-
simonious,' as almost to produce the mischief dreaded, from that want of pe-
cuniary resources which mi^ht result from the fiulure of public credit. The
first emission was of two millions of dollars, in Jtme, 1775, to which a fiir-
ther million was added, on the 25th of the following month, and on the 29th
of November, an additional three millions. All these sums were .to be re-
deemed by four annual payments, the-first of which, on the last emission, to
he made, on or before the last day of November, 1783 ; and the quota of
each colony, waa apportioned to the relative number of its inhabitants. These
sums were supposed to be adequate to defray expenses to the 10th of June,
1776. But the march of events, soon required further issues, and by the
22d of July, 1776, they amounted to twenty millions, which, for some months,
were, almost universally, received at par.* Thus, whilst the ministry of
England were perplexed to raise supplies, the American patriots, gave the
power of gold to paper rags, by simple volition.
But it was not in the power of Congress to limit the issue of paper money ;
the right, to emit it pertaining to every State, and being liberally exercised.
To economise disbursements, to call in by taxes a part of the sums disbursed,
thereby, diminishing the quantity, and increasing the demand, were the only
possible means of preventing such an accumulation, as infidlU)ly to continue
its depreciation, .until it should, entirely, cease to be a circulating medium.
But the disbursements were made by too many hands to be economised, and
the power of taxation was not in Congress. That body could, only, recom-
mend the imposition of taxes, and their recommendations were, perhaps, the
less attended to, because, whatever might be the pubUc exigencies, the mea-
sure was, at all times, unpopular, and could, only, be efifectual^ by being uni-
venal. It was earnestly recommended, to the several colonies, and ate-
" MarthaU.
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fflSTORY OF NEW JERSEY. 299
wards to the States, to adopt measares to redeemtheir quotas ofthabUls of
credit emitted by Congress; but such was the danger apprehended from im-
mediate taxation, that the payment of the first instalment of the first emission,
was to be postponed until 1779, by which time it was<^rtain the deprecia-
tion must tie confflderable. «
Depreciation had made much progressv before the taxation commenced,
and the remedy was so sparingly applied^ as little to aflfect the disease. It
is yet a problem unsolved, wheSier the revolution would have been aided by
a mo^ liberal resort to faxes. As it was dangerous to attempt the enforce-
ment of taxation, palliatives were necessarily resorted to. A loan of five
millions was propoiged, at an interest of four per cent.; the principal to be
repaid in three years, and for the greater accommodation of lenders, a loan
office was 1o be estabBshed in each States No certificate of loan to be less
Htkn three hundred dollars. A hope- was entertained, that the loan would
fill immediately, and would diminish the bills ih circulation ; and that the
certificates being of large amount, wouhl not be adapted to orcHnary use. A
Iqltery of four classes was also suggested, by which it was proposed to raise
one million and five hundred thousand dollars; to draw in a large sum of
continental money by the sale of the tickets; to retain, with -the consent of
the successful adventurers^ the small prizes in each class, for tickets in the
succeeding one, and the large prizes on Joan. These means were wholly
inadequate to the ptoposed ol^ect.
The faith of the people, however, supported the-paper currency in undi-
minished reputation, until near the close of the campaign of 1776. Early m
' 1777, the depreciation became considerable; but, it was, generally, mistaken
for the rise of prices; and in the ignorance of political economy which pre-
vailed, it was supposed, that such ^ect might be violently restrained. To thia
end, Congress declared^ that, whoever, in^ any purchase, sale, or barter,
whatever, should rate gold or silver coin, higher than the continental bills
of credit, ought to be deemed an enemy to the liberties of the United States,
and to forfeit the value of the subject, in which such difference was made.
And by most, perhaps, by all of the States, the paper bills were made a tender
in payment of debts. But, a more elective and wise measure- was, at the
same time; devised. The States were ui^ed, respectively, to support the
credit of the Union, by a direct engagement to redeem these bills at the times
fixed by Congress, and, immediately^ to impose such taxes as the people were
in condition to pay. They were assured, that, for all moneys thus raised,
each State should receive a credit, with the United States, in its quota of the
public d^>t, that had been apportioned to them. At the same time, a fiirtber
foan of two millions was voted. The recommendations of Congress were
complied with. The situation of the south, in these circumstances, required
additional measures for relief That portion of the country had been supplied
by British merchants and British capital; The colonial^ traders had credit with
such merchants ; and large balances were annually owing, and in the hands
of the planters, who, generally, preserved a credit to the value of their crops.
To compel the American merchant to receive his debts, in paper, whilst be
was bocmd to pay, in speciet would have been highly unjust ; and he was,
therefore, authorized to pay those due from him, into the public treasury ,
and was assured, that he should be, thereby, discharged from the- claims of
his creditor. ■ ' *
But neith^ loans nor taxes oould be obtained in sufficient sums to prevent
recourse to new issues of bills, and with every issue their value continued to
decrease. Cotigress, in 1779, made a second effort to limit the flood of
paper. They required of the States, on Hie first of January, to pay into the •
continental treasury, their respective quotas of fifteen millions for the service
Digitized by VjOOQIC
300 HISTORV OF NEW JERSEY.
of that year, and of six millionBy aimiially« from and after thef year 17?^, as
a fund for reducing their early emissions and loans; and on the 2l8t of May,
they further required, within the current year, forty-five millions of dollars*
Large as these requisitions nominally were, thfiy were wholly insoffideDU
The depreciation increased so rapidly as to defy all calculation. Towards
the close of 1777, it was two or three for one — ^in 1778, five or six for one —
in 1779, twenty-eight for <me — ^in 17^0, sixty for one, in the first half of the
3rear ; and near its close, it fdl to one hundred and fifty for one. In some few
places it continued in circulation for the first four or five months of 1781 ; but,
in this last period, many would not take it at any rate, whilst others received
it at a depreciation of several hundred for one.
To still the clamour whi^h prevailed against these exoessiviB issues, Ocm-
gress resolved, in October, 1779, that no further sui(n should be issued, on
any account, than would increase the dn^ulation to two hundred millioDS|
and no greater part of the sum, wanting to that amount, than was indis>
pensable for the public exigencies, cmtil adequate supplies could be otherwise
obtained, for which reliance was placed upon the States^ But Congross
could not maintain its resolution; and soon completed the sum they had
fixed as the maximum. At length, their paper became absolutely wordiless;
and they were almost wholly deprived of pecuniary means. Yet an eflbit
was made to revive th^ credit of theit IhIIs, by a new issue under State gua-
rantees — the old to be called in by taxes, and burned; and one dollar in
new, to be emitted for every twenty of the old. Of the ten millions thus to
be substituted, four were to be subject to the orders of Cpngress, and the re-
mainder to that of the several States-^th^ whole to be redeemable in specie,
within six years; to bear an interest at the rate of five per cent, to be paid,
also, in specie, at the redemption of the bills, or at the election of the owner,
annually, in bills of exchange, on the American oommissioneEB in Europe.
This plan was soon found impracticable, and public credit being at the lowest
ebb, the army was well nigh disscJved, and the country opened in every
direction, to Ejritish excursions.
The crisis was a trying one^ but it was hapjnly past. New resources
were discovered, and the war carried on with vigour. Much specie was
about this time (1781) introduced into the United States, by trade with the
French and Spanish West Indies, and by means of the French army in
Rhode Island. The King of France gave the United States a subsidy of
six millions of livres, and became their security for ten millions mcnre, bor-
rowed by them in the Netherlands. A regular system of finance was in^
troduced by Mr. Robert Monii, who was placed at its head, and whose indi-
vidual credit was liberally and advantageously used. The Bank of North
America was established, and thus Congress and the country were extricated
fiK>m the most imminent peril. By the scale of depreciation, the war was
carried on for almost five years, for little more than a million sterling, and
two hundred millions of paper dollars, were made redeemable by five silver
ones.
New Jersey seems to have used her right of making money, ^th great
moderation, and that dread of debt, which has peculiarly characterized
her. By the act of June 8tb, 1779, she called in all the bills of credit issued
during her colonial state ; and directed, that all nQt presented befolre the first
of January, 1780, should "be irredeemable. The provincial conventions, be-
fore the constitution of the State, authorized the* issue of sixty thousand
pounds, and provided for its extinction by taxation. This debt was adopted
by the State. Under the requisition of Congress, March, 1780, the Slate
authorized the issue of two hundred and twenty-five thousand pounds, pay-
able with interest in yearly instalments, and the wliole within six years.
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'BT''
fflOTOHY OF NEW JERSEY. 801
But of this mm the whole was not emitted. CNk the 9th of JaauMry^ 1781|
a further emisskm of thirty thousand pounds was ai^horized, also, redeema-
ble within six years* This sum was in small bills* And there were^ pro-
bablx) some other inconsiderable issues. But ^la the redemption of all,
taxea were duly and timely laid. The State bill^ ceaaed to be a tender under
the act of June Idth, 1781 ; and the continental bills; by an act of the 22d
of the same month. The taxes were, during the depreciation, ncHninally
enoimous; and the amounts proposed to be n^ed at di&rent times, strong-
ly mark the course of depreciation; B/a resolution of November, 1778,
the Assembly proposed to raise one hundred thousand pounds^ for the sup-
port of the government during the succeeding year; of which sum they^ro-
posed to pay to the governor one thousand pounds, and to Robert Morris,
ohiefjustice, five hundred pounds, and the salaries of the other officers pro-
portionately. Aim! in November 20th, 17^9, they resolved to' raise mite
wiUionB ef doUat^ by the first of October following; and approprifited for
the saltury of the governor, seven thowsand pounds, and for that of David
Brearly, chief-justice, five thousand, and to the other officers prt^por*
ttonably. '
During the war,,th»« were large amounts of property bdonging to the
tories, <x>nfiscated| but they proved of little avail to the public treasury^
The sales were generally made on credit, and by the progressive deprecia-
tion, what might havQ been dear at the time of purchase, became dog cheap
at the time of payment.
The moat extepsive evil$ resulted firom making the paper bills a t^Eider in
payment of delits oontracted to be payable in gold and silver. They fell chiefly
on those who lived upcm fixed incomes, or possessed capitals, previoiisly accu-r
mulaled or invested* The annuitant, the widow, the heir, and the legatee, in
receiving the nominal amount of their respective interests, ^ not, in many
cases, receive a oent in the dollar. In a vast number of instances, the earn*
ings of along life of oare apd diligence, were wrested from their possessors.
But the subject was not one of unmixed evil. It was generally useful to the
poor ; to those who hoarded not, hut lived to-day upon the labour of yester-
day or to-morrow. Whilst the paper .money was current, none were idle
from want of employm^it. Expending their money as fast as they received
it, they always had its full value. No Agrarian law could have more effec-
tually equalized the conditiiMis of the State, than the tender of these depre-
ciating bills. The poor became rich, the rich poor. All that the money lost
in value was taken from the capitalists; but the active and industrious were
safe, in conforming the price of their service^ to the state of the depreciation*
The debtor who possessed property of any kind, could easily extinguish his
debts. Every thing useful found a ready purchaser. The price of a bul-
lock to-day would pay that of a slave purchaseda few montl^ before— -that
of a good horse, the value of an improved pltmtation.
The worst evil of the paper system was its demoralizing efiect upon
the community. The nature of obligations was so far changed, that the
honest man, only^ withheld the payment of his debts. A flood of specula-
tion and fraud deluged the' land, and found its way into its courts and its
legislative halH overwhelming truth, honour and justice.*
VIIL The suipmer of 1779 passed away, without fiimiahing, in Amenca,
any event which could have a material iofluenoe <hi the issue of the war.
But it was otherwise in Europe, where a coalition, long looked for, and from
which- arose sanguine expectations, was effected. Spain resolved to unite
with France, and' to make, with her, common cause against Great Britain.
" Rams&y.
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«02 fflSTORY OF NEW JERSEY.
These two powers, it was believed, would be able to obtain complete as-
cendency at sea, and their fleets to maintain their superiority on the
American coast, as well as in Europe. Yet, the United States were not
acknowledged by Spain, as sovereign and independent; nor was their min^
ister, Mr. Jay, who had been, some time before, sent to the Spanish court,
accredited.
IX. As the campaign drew towards a close, without realizing the hope
which had been cherished, that the war would terminate with it, General
Washington laboured to induce the civil authorities to prepare in season for
the ensuing campaign, exhibiting tlie alarming fact, that between October, 1T79,
and the last of June, of the coming year, the terms of service of neax one-half
ef the solders of the army would expire. But it was imp<)ssible to remove
the obstacles to prdmpt and united action. They were inhcMrent in the system
of confederation, in the novelty and untried circumstances of the States, and
in that selfishness which had succeeded the first glow of patriotic indignatioD.
Thus, the resolutions of Congress, relating to the military establishment,
were not passed imtil the 9th of February, 1780; and did not require the
troops to rendezvous before the first of April. The necessary acts of the
State Legislatures, to give efi^ to these resolutions, were slow and irre-
gular, uncertain and unseasonable; and the army could not possess that
consistency and stability, which a better system would have given.
X. The season for active operati(His, in a northern climate, having ceased,
the army retired into winter quarters. It was divided into two divisicMis—
the northern under the command of Major-general Heath, had for its princi-
pal object, the security of West Point, and the poets on the North river, as
low as King's Ferry; subordinate to which, was the protection of the coimtry
on the Sound, and the Hudson towards King's Bridge. The other and prin-
cipal division, under Washington, originauy proposed to encamp on the
heights in the rear of the Scotch Plains, New Jersey; but Morristown was
subsequently chosen, near which, the army was disposed in huts, late in De-
cember. From this post detachments were thrown out, towards the North
river and Staten island, for the purpose of covering the country firom the
depredations of the enemy.
XI. During the year 1779, the marauding parties of tories firom New York
and Staten Island, and occasionally, aome of the enemy's r^^ular troops,
made devastating excursions Into the State; the former for the purpose of
plundering and capturing the unarmed inhabitants, and the latter, imder the
cover of legitimate war, to do the office of brigands. The enormities thus in-
flicted, were greatly increased, by associates sheltering themselves in the deep
pine, forests of Monmouth county, who, scarce regarding the distinctions of
whig and tory, preyed on all wit|un their power. Of these freebooters, Fagan>
Bourke alias Emmons, Stephen West, Ezeldel Williams, and (me Fenton, were
most noted. Fagan was hunted and killed by a party of militia, under Cap-
tain Benjamin Dennis, who soon after, (January) by the agency of one Van-
kirk, entrapped Bourke, West, and Williams, whilst setting off* from Rock
Pond, for New York, with their bo(^. A small party, which lay concealed,
shot them as they approached their boats. Their bodies, with that ofFagan,
were hung in chains. Fenton was soon afler killed by strata^m.
Bei^en county was particularly exposed to hostile inroad& and the malice
of the tories. On the 10th of May, about an hundred of the latter approach-
ed, by the way of New Dock, the settlements of Ck)ster, and carried off
Cornelius Tallman, Samuel Demarest, Jacob Cole, and George Buskiric;
killed Cornelius Demarest, wounded Hendrick Demarest, Jeremiah Wester-
velt, Dow Tallman, and others; burned the dwellings of Peter Demartst,
Matthias Bogart, Cornelius Kuyler, Samuel Demarest, together with many
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HISTORY OF NEW JERSEY- 303
out-houses of other persons^ They attempted to consume every dwelling
they entered, but the fire was, in some, extinguished. They wantonly de-
stroyed the furnituie and stock, and abused the women. They were sp
closely pursued in their retreat, by the militia and a few continental troops,
that they carried' off no, cattle, although that was a principal object of the in-
cursion. This party belonged to the provincial corps of Colonel Vanbuskirk,
an active and violent tory partisan, and consisted of former residents of
Closter and Tappan, and some negroes.
On tike ).7th of May, a detachment of one thousand men, under that com-
mander in person, swept over the county, marking their course with desola-
tion and slaughter* Not a house within theif reach,^ beloiu^g to a whig
inhabit^t, escaped. Mr. Abrahan^i Allen, and Mr. George (^mpbell, were
barbarously H)urdered; Mr. Joost Zabriskie was stabbed in fifleen places,
apd two negro women were shot down, whilst end^vouring to drive c^' their
master's cattle. The party avoided the vengeance of the militia by a speedy
retreat with their plunder.
On the 9th of June, a party of more than fifty tories, from New York,
landed in Monmouth county, and reached Tinton Falls undiscovered* They
surprised and carried ofi* Colonel Hendrickson, Lieutenant-colcHiel Wikoff,
Captains. Shad wick and Mr. Knight, with several privates of the militia, and
drove away a few sheep and hprned cattle. *- They wera assailed by about
thirty militia, whom they repelled, with the loss of two killed and ten
wounded.
About the first of August, the house of Mr. Thomas Farr, near Cross-
wicks Baptist Church, was attacked by several of the forest ruffians. The
family consisted of himself, wife and daughter. The assailants broke into
the dwelling, mortally wounded Mr. Farr, and slew his wife outright. The
daughter escaped to the house of a neighbpur; and the alarmed villains fied
without plunder.
On the 18th of October, a party of the enemy's light dragoons landed at
Sandy Point, above Amboy, and proceeding to Bound Brook, burned some
stores ; thence by Van Veighton's Bridge, where they destroyed a number
of boats, they marched to Somerset Court-house, which they fired. On their
return, by the way of Brunswick, to South Amboy, they were annoyed by
the militia^ Their colonel and commandant, had his horse killed under him,
and was himself made prisoner.
XII. Among the evils most dreaded, from the depreciation of the conti-
nental currency, was the difficulty which must necessarily arise in subsisting
the army. This calamity was more hastened than deferred, by the parsi^^
mony with which Congress withheld, from the public agents, the money ne-
cessary for public purposes. Contracts could not be made co-extensive with
the public wants, and many formed, were not fulfilled. A modification of
the conunissary department, in January, 1780, unfortunately, produced new
embarrassments, and, at length, the credit of the purveymg agents was wholly
destroyed. Gaunt famine mvaded the American camp at Morristown; and
the prociu'ement of supplies, by forced levies, became indispensable^
The commander-in-chief required, from each coimty in the State of New
Jersey, a quantity of meat and flour proportioned to its resources, to be for-
warded to the army within six days. To mitigate the odium of this measo^s,
he addressed a circular lettei to the magistrates, stating the urgency of did
wants of the army, but with assurances, that if voluntary relief could not be
obtained, a resort to force would be inevitable. To the honour of the State,
notwithstanding its exhaustion, the required supplies virere instantly finmished.
Nor is less honour due to the soldiery, .f<Mr the patient and unrepining forti-
tude with which they bore their sufferings. In the Highlands, similar wan^
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804 fflSTORY OF NEW JERSEY.
wetfe reliered by siniilar measures, which were more than oDoe neoessary to
both camps. Soon afler, the energies which the French displayed in the war,
awakened a corresponding disposition in Congress, and in several States,
which, in a new system of finance, gave adequate relief; but not until more
serious evils, as will appear in the progress of the narrative, had devdoped
themselves.
XI IL The isolated position of New York, had been much reliedl upon by
the British commander for its defence. But the barrier which the waters
afforded, was entirely removed by the severity of the frost in the winter of
1779, 1780. The ice becoming of such thickness, as to permit the army,
witk its wagons and artillery, to pass without danger, invited the enterprise
of the commander-in-chief. His judgment and love of fame, alike, prompted
him to attempt the city ; but, the numerical inferiority of his force, still moie
the feebleness of his troops from the want of food and raiment, were in-
superable obstacles* He eagerly ei^gaged, however, in such enterprises to
distress the enemy, as were in his power, without departure firom the cau-
tious system which had proven so beneficial to his country. The British
troops, on Staten Island, were computed at twelve hundred men. The bridge
of ice, over the waters, oflered him, seemingly, a fair opportunity to surprise
and bear ofiT this corps, particularly, as the communication between Staten,
and Long, and York islands, was supposed impracticable.
The enterprise was confided to General Lord Stirling, with a^ force of two
thousand five hundred men, united to a detac^hment under Greneral Irvine.
On the night of the 14th of January, 1780, he moved from Dehart^ Point;
and detaching Lieutenant-colonel Willet to Decker's house, where Buskirk's
regiment of two hundred men was stationed, proceeded, himself, to the water-
ing place, where the main body was posted. But the enemy, apprehensive
of attack, was abundantly vigilant; and, contrary to the intelligenoe pre-
viously received, the communication between the island and New York was
still open. The object of the expedition, therefore, was unattainable, unless
at an unjustifiable risk, as a reinforcement from New York might endanger
the American detachment. Lord StiHing retreated on the morning of the
17th, sustaining an inconsiderable loss by a charge of cavalry on his rear.
The excessive cold continuing, the rivers were soon aflerwands completely
blocked up. Even arms of the sea were passable on the ioe, and the ishuids,
about the mouth of the Hudson, presented to the view, and in efiectt ^^ ^^
broken continent. .«
XIV. The want of power in Congress, to raise funds, and to enfoi^ ite
decrees of every character, almost deprived it of the semblance of a natic^
council. The articles of confederation had been slowly approved, fmd wt*
totally inefficient to protect the many general intereste which it embraceo i
The establishment of the army, for the ensuing campaign, was fixed at thirty.*
five thousand two hundred and eleven men, and the measures for recruiting
it, which preceded, a few days, those for its support, partook of the State
system, which was entirely predominant. No means were used for raisinir
men under the authority of Congress ; and the several States were required
by Araught, or otherwise, to bring into the field, by the first day of April, the
numbers neoessary to their respective quotas. This course gave, unhappily,
to the American confederacy, the semblance, nay, substantially, the character
of an alliance of independent nations, whose embassadors assembled in ge-
neral Congress, to reconmiend kf their respective sovereigns, a plan of ope-
rations which each might pursue at pleasure. The measures productive of
great uncertainty and delay, were reprobated by tlie conunander-iB..chief in
▼ain, and he was docHOied to stru^&e with embarrassments, of which he had
aever ceased to complain.
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HISTORY OF NEW JERSEY. 805
Fomiiie' was not the only great evil which beset the military aervioe in
1780. Others, of a serious nature, presented themseives. The pay of an
officer was reduced, by the depreciation of money, to a pittance wholly in-
competent to his wants. That of a major-general would not compensate
•a expreas rider; nor that of the captain, Ornish the shoes in which he
marched. Generally, without fortune, the officers had expended the little
they possessed, intbiefirst equipments £>r their stamen; and were, now, com-
pelled to rely on the States, to which they respectively belonged, for such
Nothing as they might fbrni^; which was so insufficient and unequal, as to
produce extreme dissatisfaction^ and great reluctance to remain in service.
XV. Among the privates there grew out of the very composition of the
JuroQ^, causes of disgust^ which increaaed the dissatisiaction flowing from their
multiplied wafits. The first effiurt, towards the end of the campaign of 1770,
to eaUst troops for the war, had, in some degree, succeeded. In some States,
eiq[)ecially in Pennsylvania, many reonnts had, for small bounties, thus en-
gM^ Whilst they served without pay, and ahnost without tbiTtiecessarieB
> of life, they had the mortificaticMi to behold their vacant ranks ffied by men,
.. who enlisted for a few. months, only, and, fi>r that short service, received
high bounties, which, in depreciated money, seemed immense. In their
^chagrin, many were induced to contest their engagements, and others to de-
sert. A representation of these circumstances, to CDUgress, produced a com-
mittee of inquiry, who reported, ^ that the army was unpaid for five nKHiChs;
that it seiitem.had more than six days' provi«ons in advance ; and was, on
several oocasioiM, ftr suadry- successive days, without meat; that it was des-
titute of forage ; that the medical department had neither sugar, tea, choco-
late, wine, or s|)irituous liquors of any kind; diat every department was with-
out money, and had not even the shadow of credit led; and that, the patience
of the soldiers^ home down by the pressure of complicated sufib^ngs, wasoB
the point of being exhausted." In the mean time. Congress resolved, that
. they would make good to the line, and independent corps of the army, the
depreciation of tb^r pay, by which all the troops should be placed on an
equal footing. But tnis benefit, dictated by simple justice, was limited to
those in actual service, and to those who, after, came into it, engaging for
three years, or the war.
Th^ resolutions mitigated, but did not cure the prevailing griefs. A long
course of si^ering had proflboed some relaxation of discipline, and the dis-
contents of the soldiery, at length, broke forth into actual mutiny. . ^
On the 25th of May, two raiments from Connecticut, paraded under a#ms,
with a declared resolutiMi to return home, or to obtain subnstence at the point
of the bayonet. The soldiers of other regiments, though not actually uniting
with the mutineers, showed no disposition to suppress the mutiny. By ereat
exertions of the officers, and the appearance of a neighbouring brigade of
Pennsylvanians, then commanded by Cc^ond Stuart, the lea&rs were se-
cured, and the troops brought back to their duty. But the temp^ of the
soldiers, as apparent in their replies to the renx>nstrances of their officers,
was of an alarming nature^ They turned a deaf ear to the promises of
Congress, and deoumded some presfnt, substantial, recompense for their ser-
vices* A paper was found in the brigadet supposed from New York, stimu-
lating the troops to abandon the cause of their country.
Xvl. The discontents of the armj^, and the ccunplaint^ of the people of New
Jersey, on account of tiie repeated requisitions upon them, had been commu-
nioaled, with such exaggerations, to the general, commanding in New York,
as to iadaoe the bdwf, mt the Amencan soldiers were ready to ^deseit their
^jtmdards, and die people of Nm Jersey to diange their govermnent. To
avail bimmAC of these dispositimis, Knyphausen crossed over, on the sixth of
2Q
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306 fflSTORY OP NEW JERSEY.
JUII89 wkh about five thousand men, firam Staten Island, and landed in the
night at Eiizabethtewn Point. Early next morning he marched towafds
Springfield, by the way of Ckmnecticut Farms, but soon perceived, that the
temper of the country and army, had been misapprehended. ^
Washington had taken measures, in concert with the government of New
Jersey, to call out the militia, so soon as occasion shoiM require; and, on
the appearance of the invading array, they assembled with great alacrity.
On their march to Connecticut Farms, distant five or six miles from ^-
zabethtown^ the British were harassed by small parties of continental
troops, whose numbers were augmented, every instant, by the neighbouring
militia. This resistance manii^tod, too clearlv to be misunderstood, the
resolution and temper to be encountered in the further progress of the expe-
dition. A halt was made at the Connecticut Farms, where a spirit <^ revenge,
more probably dwelling in the bosom of Governor Tryon, who was present,
than in that of Knypbauseo, who commanded, directed this village, with its
church an^parsonage, to be reduced to ashes. Another enormity was com-
mitted, at ^ same plaoe, which aroused great iiMlignaticuiyJip^ only in ihtf^
vicinage, but every where throughout the Union. Mrs. CaffiveU, tlK wifi^,i
of the clergyman, had remained m her house, under the convieti<m, th|f h^^ '/
presenoe would protect it from pillage; and, that her person would i%t \^^
endangered, as in the hope of preseryinff the Farms, Colcmd Dayton, theai gf
commanding the militia, had detemiinea not to halt in th^ settlement, but to
take post, at a narrow pass, on the road leading to Springfield. Whilst sit^
tinff in the midst of her children, having a sucking infant in her arms, a
soldier came to the window, and discharg^ his musket at her. She reodved< -
the ball in her bosom and instantly expired. Ashamed o[ ^Xim^fi^^jaanf^ *•
sally execrated, the British contended^ that the Udy was the ^t(iMtkJjf)Bt n^'
dom shot from the militia. Circumstances, however, too stroiltfly neeativei^
this assertion, and a pathetic representation of the fact, pubushed Ir^ tim
afflicted husband, received ^miversal credit. The husband was distingiusheet »
(or zeal to the American cause, and his fate was very like that <^ Ins wife.
He was, some months after her decease, also shot te death, by a drunken tory,
or British soldier, at Elizabethtown Pcwt y
From the Farms, Knyphausea proceeded towards SpringfiekU The Jersqr ^ '>
Mgade, under Grenejral Blaxwell, and the militia otthe neighbourhood, who
aasembtod in great force, took an advantageous position at that place, with
the resolution to defend it. Knyphausea halted, and remained cm the sroiBid
all night ; but made no effort to dislodge the Americans. Washington naving
intdligence of this movement, marched his army early in the morning that
Knyphausen lefl Elizabethtown Point, and advanced to the Short HSIs, in
the fear of Springfield. An impending battle was avoided by the Germaa
commander, who, hopeless of success, retired to the Point from whidi he had
marched. He was folleiwed by a detachment, which attacked his out-posts,
supposing it had to contend moth the rear of his army only; but on disco-
vei^^ that the main body was still at the I\>intt the pursuers were reeaUed.
aVII. At this period, the numerical force of the American army, was
fifty-five hundred and fifly-eigfat coqtkl^tal tnxm, of whom, only three
thousand were efiective. By return olTSir Henry Clinton, from his southern
conquests, the British regular force, la New York, and its dqiendendes,
was increased to full twelve ihamnAd^ wMch could be employed in the field,
whilst four thousand militia md refiig^ performed garrison duty. With
this disparity of numbers, the British ccMnm§iBde{> nuffht well hopeio ff^ther
impataiit finiits firom again invading NeipUtoBeVy^Mii&ularly, by penemtoig
to tte Andean stores near Monrisloihb uuev masking his pasposa, and
dividing the small force of Us advenary, oy demonstrations a^amst West
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fflSTORY OF NEW JERSEY. 807
^int, he marched, on the mdrning of the 23d oC June, from Elizabethtown,
with five thousand infantry, a large body of cavalry, and from ten to twenty
field pieces, towards Springfield.
In anticipation of this enterprise, Greneral Greene had remained at Spring-
field, with two brigades of continental troc^ and the Jersey militia: but m
apprehension for tha posts in the Highlands, the greater part of the army
had been directed, slowly, towards Pompton. On observing the force which
had entered the State, Washington halted and detached a brigade to luHftf^
its right flank, wlulst he prepared himself to support Greene, or otherlvise to
counteract the designs of the enemy.
At Springfield, Major Lee was advanced on the Vauxhall road, taken by
the British right column ; and Colonel Dayton, on the direct road, pursued
by the leil. As the enemy approached the town, a cannonade commenced,
between their van and the American artillery, which had been posted to de-
fend a bridge over the Rahway, guarded by Colonel Angel, with less than
two hundred men. Colonel Shreve, with his regiment, occMpied a second
bridge, in order to cover the retreat of AngeL Major Lee, with his dra-
goons, and the piquets imder Captain Walker, supported by Colonel Ogden,
defended a bridge on the Vauxhall road. The residue of the continental
troops, were drawn up on high groimd, in the rear of the town, ¥rith the
militia on the flanks.
The right bolumn of the British, advanced on Lee, who resisted their pas-
sage until a body of the enemy had fohled the river above him, when he
withdrew his corps to avoid being surrounded. At this instant, their left at-
tacked Angel, who maintained his ground with persevering gallantry, until
compelled, afler thirty minutes slruggk), to yield to superior ntunbers; but
he retired in perfect order, and brought ofl* his. wounded. Shreve, after
covering Angel's retreat, rejoined his brigade. The English then took pos-
session of tli^ town and reduced it to adbes. The stem resistance he had
encountered, the gallantry and discipline of the continental troops, their
firm countenance displayed in continual skirmishing, and the strength of
Greene's position, together with tidings, that a formidable fleet and army
was daily expected from France, deterred Sir Henry from^prosecuting hm
original design. He withdrew Uiat afterabon firom Elizabethlowii ; and in
the same night passed over to Staten Island. In this battle the Jersey Mr-
gad^ and militia, bore a conspicuous and honourable part.
XVin. There is, perhaps, no event connected with the American revolu-
tion, of more extraordinary chancter, than the devotion displayed towards it,
by the Marquis de La Fayetle. Of high armtocratic descent, rich, and with
every prospect of flattering consideration, at the court of hia king, he beeame
enamoured of the principles of freedom and equality, in a distant andt a'
foreign land; and against the remonstaramces of his friends, and the disappro-
bation of his prince, devoted his life and ferttine to their support. At the ^
close of 1776, he co«|municated to the American conrniissioners, at Pbris,
his determination to repair to the United States. The encouragement which
they gave to his wishes was retracted, when the reverses in New Jersey
were known. Bat his enthusiasm was not to be thus extinguished ; and he
lepliedt that these circumstances rendered even inconsiderable aids more
necessary; and that if they could not furnish him with a ship, he would
freight one himself, to convey him and their despatches. This he did. At
tbe age of nineteen years, newly wedded to a wife whom he loved, and
tempted by the pleasures of a luxurious court, he voluntarily rejected the
ready enjoyments of his condition, and sailed to America. He was received
with such sentiments as his disintessitediiess merited. But, instead of using
this grateful disposition, tp obtain extraordinary distinctioA, in tbe iin4i^qp
a
^ 4 :
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808 HISTORY OF NEW JERSEY.
of his servioed, as was generally the case with foreigners, who then sooght
employment in America, he, modestly and generously, declined a commissioD,
and requested leave to serve as a volunteer. Nor were the virtues of this
extraordinary man, thus displayed, the temporary fruits of momentary and
youthful excitement. His love of freedom and political equality, and his dis-
interested pursuit of them, have rendered illustrious a long life; and it would
s egn,t hat with him, at least, the exercise of virtuous passions had the power
t4||p|p increase of days. He became the friend of Washington. And if a
natxm^s gratitude be the appropiiate meed for national services. La Fayetle
has been rewarded, by his triumphal procession, of months, through the
North American continent.
When war was declared between France and England, La Fayette deem-
ed, that his duty required him to tender his services to his own sovereign.
Hb obtained the permission of Congress, to return, preserving his rank of
major-general, in the American army, and all his zeal for American inte-
rests. He was received at court with favour and distinction, and suocess-
flilly employed his infkience, in persuading^ the cabinet to grant efficient
saccours to the United States. There being no probability of active employ
ment in Europe, he returned to America, in AprQ, 1780 ; bearing the grate-
ful intelligence, that F^rance would immediately despatch a considerable land
and navd armament, for the ensuing campaign.
XIX. These tidings gave, indeed, a new impulse to Congress, the State
Legislatures, and t& people. The first adopted vigorous resdutions for
raising mooey and troops, which we^ transferred into the laws of the seve-
ral sSites. But, unfortunately, the energy displayed in the enactment, did
not extend to the exeoutioo of the laws; the troops being slowly raised, and
in numbers far less than the service required. Several patriotic individuals
contributed largely to the public funds. The citiTsens of Philadelphia establidi-
ed a bank, subscribing £315,000,^ Pennsylvania currency, pa3rable in spede;
principallyf^ith a view to provide the army with provisions, and without
amtemplation of profit i6 the founders. The ladies of that city set a splen-
did ex^bnple oppatriotism, devoting large sums for the r^hef of sufifering
aplj^prs, which was, generally, followed throughout the country.* Yet,
J^upite of all these exertions, the condition of the army continued de-
plorable. ^ -^
XX. On thelOtli of July, before Washington could fill his ranks, or had
prepared any plan for the campaign, the first division of the French auxilia-
ries arrived at Newport, with nK>re than five thousand troops, and intelli-
gence, that a second division might be speedily expected. The instructions
of General Rochambeau, placed him, entirely, under the command of Wash-
ington, and required his forces, as allies, to cede th^ post of honour to the
^Americans. In reliance on the French naval superiority, Washington pro-
posed a joint attack on Ne^ York ; fixing the 5th of August, for the re-
enibarkation of the French troops, and the assembling dihis army at Morris-
ania. But this d^itn was procrastinated and finally defeated, by the suc-
cessive arrival of Bft^sh squadrons, which gave them the command of the
sea, and confined the- French tokthe harbour. In its prosecution, however^
the commander-in-chief visited .Hartford, that by personal conferenoe widi
the French officers, he might Concert measures for this and other objects.
During his absence from* <f^P9 the long meditated treason of General
Arnold exploded, destroying, however, only, the roost active auxiliary of his
"♦ On the 4th or Jtty, the ladies of Trenton appointed Mrs. Cox, Mw. Dickeneon,
Mn. fottntin, and Miss CadwaladM*, to open a sabscription, and to correspond with
the lisjties in tiie difietent oountiei of the SUte, whom they named oo oomraittaes.
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HISTORY OF NEW JERSEY. 309
goilt; whoee merit caused him to be wept, even by has enemies. Oenend
Arnold poBseseed great courage, enterprise, patimee, and fortitude, witk
other qualities essential to the able soldier. But without moral principle, or
somid judgment, he estimated greatness to consist in ostoitatious display,
and the liberal indulgence of the senses. Previous to the revolution his
poverty denied these enjoyments. His sudden elevation, whilst stimulating
his appetites, gave him, justly or unjustly, the means for their gratification.
A short period of success filled him ¥dth that disposition, which leads i as ^i *
tably to ruin. He became prodigal of bis own, and avaricious of the pro-
perty of others. The wounds he received at Quebec and Saratoga, unfitted
him for active service; and having large accounts to settle with Congress,
he was, on the evacuation of Philadelphia in 1778, appointed to the com«
raaad of that chy.' Here, yidding to his vain propensitiee, he incurred large
earpenses, for a sumptuous table and splendid e<paipage. To sustain the^
with the spirit of the gambler, he embarlEed in perilous and unfortunate com-
mercial speculations, and in misucoessful privateer adventures. His ac*
counts with the Un^ States were intricate, and the enormous balanoes he
clainoed, were reduced, not only by a committee of Congress, but by the
House, on the report of its comnuttee. Chai^ with Yarious acts of extor-
tion upon the citizens, and peculation in the fiinds, delected and degraded,
he reproached his country with ingratitude, and giving generkl oflfence, was
arrested, tried, and sentenced by a court martial, and publicly reprimanded
by the commander-in-chief.
Prom this hour, his haufl^ty spirit is supposed to have devoted his country
to the dbest vengeance. Knowing well the importance o[ the post i^ West
Poiiit, .he deliberately and sucoessrally sought its command, with the view of
betraying it to the enemy. To this end, a correspondence was for eotnt time
carried on, under mercantile disguise, in the names of Gustavw and An-
derson, between him and Major John Andr^, aid-de-camp of Sir Ifenry
Qintoiiy and adjutant-general of the British army. To fiunlitate their com-
municalion, the Vulture, sloop of war, took a station on the North river; and
the visit of General Washington, at Hartford, was improved^ for adjiHting
tlteir plans by a persopil interview. Andr6 landed firom the sloop, without
the American lines, under a flag sent by Arnold. Their conference having
been protracted, into the succeeding day, it became necessary that Andii
shaald be concealed, until the night afforded him a safe opportunity to i©-
embatlr» He refused, peremptorily, to enter within the lines, but the reqwct
promisai to this objection, was not preserved. They continued together
dtaking tRe day, in which the Vulture shifled her position, in consequence of
a gpn having, without the knowledge of Arnold, been brought to bear upon
her. The boatmen, on the following night, refiising to carry Andr6 on
board, he attempted to reach New York, by land. Reluctantly yielding
to the representations of Arnold, he exchanged his uniform, which he had
hitherto worn beHeath his surtout, for plain clothes, and set forth with a per-
mit, authoriziiy[ Vhi, under the name of John Anderson, to proceed on the
public servrcelo the White Plains, or lower, if he thought proper.
He had safely passed the posts, wh^i he wa» arrated Iqr one of three
militiamen, on a scouting party. With a self-abandonment, extraordinary '
in ona equally brave and intelligent, instead of producing his pass, he hastily
asked the soldier. who had seized Iris bridle, ** where he belonged tot" Tho
reply, «< to below, designating him to be firom New York^ Andr6 said, <* And
so am I ;" — and declaring hirMelf to be a British ofllicer, on urgent business,
b^ged that he^might not be detained. The other militi^(nen coming up, he
di^vered his mistake too late to repair it. His most tempting offers for
permission to escape, were rejected l^ his captors, who, on searching him,'
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910 HISTORY OP NEW JERSEY.
found oonoealedy in his boots, among other interesting |MfeiB, exact retamSf
in the hand-writing of Arnold, of the state of West P^unt, and its dependen-
cies. Carried before Colonel Jameson, who commanded the scouts cm the
lines, he, anxious for the safety of Arnold, requested, that he should be in-
formed, that Anderson war taken* An ejq>ress was despatched with the
communication. On reoeiving it, Arnold took refuge on board the Vulture,
whence he proceeded to New York* Sufficient time bemg allowed for his
escape, Andr6 no longer affected conceahoaent, but avowed himself the adju-
tant-general of the British army.
This gallant and unfortunate man suffered the penalty which would have
more justly fidlen upon the fugitive traitor. He was condemned as a spy,
by a court-martial, of which General Greene was president, and La Fa3rette,
SCeuben, and others, wcane members. And notwithstanding the earnest en-
deavours of Sir Henry Clinton, to save him, and the tears even of his judoes,
the sentence, sternly ended by duty, was executed. Arnold became a toi-
gadier in the Britiah service, univenaily contemned as a vile and sordid
traitor, who had.been redeemed ftom the gallows, by the blood of one of the'
mod accomplished officers of the British army.
The thanks of Congress were given, with a silver medal, bearing an in-
acription, expressive of their fidelity, to John Paulding, David Williams, and
Isaac Vanvert; and subsequently, a pension of two hundred dollars per
annum — a reward, better proportioned to the state of the treasury, than their
services— was settled upon them, respectively.
XXn. Early in December, 1780, the American army retired to winter
quarters. The Pennsylvania line was stationed near Morristown, the Jersey
line about Pompton, on the confines of New York, and the troops of the New
Englaad Stcttes, at and near West Point, <hi both sides of the river. ' Hie
line of New York remained at Albany, to which place it had been sent to aid
in opposing a temporary invasion from Canada.
XaIU. In Europe, Great Britain, at war with France and Spain, ina
threatened by the northern powers, Russia, Sweden, and Norway, who, in
the summer of 1780, entered into the celebrated compact known as ** The
armed neuiraUiifJ^ Holland showed a disposition nd cnly to join this alli-
ance, but to enter into a treaty with the United States of America. Both
were ofienoes wiiich the English ministers were not disposed to overlook, and
vm was declared against that nation.
XJQV. The state of the American army was little improved during the
year 1780. Discont^t gained ground, and even the officers could not always
restrain their repinings, in ccmtrasting their condition with that of other
classes in the country. These had, inevitably, an influence upon the diqpo-
aitioB of the soldier. In addition to the general sMDNi of dissatisfaction, the
Penns3rlvania line had one, aknoet, peculiar to itself. When Congress di-
rected enlistments to be made for ^^tkree years or during the war^* the re-
cruiting officers <^ that line engaged many men on those ambiguous terms.
As a consequence, the soldier claimed his discharge, at the expiration of three
years; whilst the officer insisted, upon detaining him during the war. The
impositi<Hi,as the sokiier viewed it, was more impatiently borne, whilst he wit-
'nessed the large bounties given to the new recruits. The discontent which
had been Icmg fom^ting, broke out on the night of the first of January, 1781 ,
in open and almost universal revolt of this linie.
Upon a signal given, all the regim^its, except three, turned out under
, arms ; avowing their determination to march to the seat of Congress, and
obtain redress for their grievances, or to serve no longer. The c^oers en-i
deavoured, in vain, to quell them. Several were wounded, and a Ci^plain
Billing killed, in the attempt. General Wayne presented his pistols, as if
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HISTORY OF NEW JERSEY. 311.
about to fire; but tlie bayoaet was put to his breast, whilst, with expressions
of respect and af^ction, he was told, *' If you fire, you are a dead man. We
are not going to the enemy ; should he approach, we will fight him under
your orobrs. But we will be no longer amused, and are resolved to obtain
our just rights.'^ In this temper, thirteen hundred men marched from Mor-
ristown to Princeton, with their arms and six pieces of cannon, in good
order, with officers appointed from themselves, a sei^eant^major, who had
deserted firom the British, being commander. They resisted attempts at ac-
commodatioii, made, severally, by Gveneral Wayne and a committee of Con-
gress. But, at length, at the instance of President Reed of Pennsylvania,
they marched to Trenton, and submitted, on condition, — 1. That those en-
listed for *^ three yean or during the war,^^ should be discharged; such
enlistment to be determined hy commissioners mutually chosen, on the oatfi
of the soldier, where the written contract could not be found; 2. That cer-
tificates for the depreciation of their pay should be immediately given, the
arrearages to be paid as soon as circumstances would permit; 8. That certain
specified articles of clothing, greatly needed, should be immediately furnished.
In consequence of the irksomeness of this afiidr, the whole of the artillery,
and of the five first raiments of infantry, were discharged before the con-
tracts of enlistment couM be brought irom Morristown. On thw production,
it a(^)eared, that the engagements of the remaining regiments did not entitle
them to their discharge, and that,, of those actually dismissed, the far greater
number had enlisted for the war. The discharges, however, were not re-
voked, and those who were to remain in service, received furloughs for forty
days, with orders to rendezvous at designated places in Pennsylvania.
Sir Henr^ Clinton, apprized of the revolt, on the dnrd of January, sent
his emissaries, with highly tempting oSersy to the line, to engage them in his
sttTvioe. The of^ were communicated to General Wayne, the ag«[its
seized and confined, and after the accommodation, they were tfied and exe-
cutAl as s(»es.
General Washington, who, for prudential reasons, did not approach the
mutineers, toc^ measures to avail himself of the regular, troops, and the mi-
litia of New York, for oflfence or defence. And, on the first notice of the
mutiny, the militia of New Jersey, under General Dickenson, took the field,
• for the purpose of oppo^g any incursion which might be made in the State,
and (^ co-operating with such of the regular troops as it might be necessary
to employ.
The danger of yielding, even to the just demands of soldiers, with aims in
their hands, was soon evident. The success of the Pennsylvania Hne stimu-
lated part of that of Jersey, many of whom were foreigners, in the hope of
like advantages, to a similar attempt. On the night of the 2Qth of January,
part of the Jersey brigade, stationed at Pompton, rose in arms, and making
the same claims which had been granted to the Pennsylvanians, marched to
Chatham, where another portion of the brigade was posted, in expectation,
that it would join in the revolt. But, the commander-in-chief, chagrined at
the result of the late mutiny, and confident in the faith of the eastern troops,
resolved on strong measurts to stop the further progress of a spirit which
threatened the tottd destruction of the anny.^ A detachment, under Geneiml
Howe, was immediately sent against the mutineers, with 'orders tp^bring
them to unconditional submission, and to execute some of the mi^||8tive
of the leaders* Howe marched from Kingwood about midni^BShd by
Aid dawning of the next day, had so posted his force as to prevent the
escape of the levolters. Colonel Barber, of the Jersey line, commanded them
to- parade without arms, and to march to designated ground* Upon their
hesitation, Colond Sprout advanced, giving them five minutes, only, for corn-
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.81« HISTORY OF NEW JERSEY.
[dianoe. Intiiiiidatedy they instantly dbeyed. The Jersey officers gave a lial
of the leaders of the revolt, from whom three of the most active were sdected,
who were executed upon the spot, by the other pronunent mutmeers. The
vast disparity of numbers engaged in these mutinies, accounts for the dif-
ference in the results* The disaffected in the Jersey line did not exceed one
hundred and sixty men.
Sir Hsary Clinton ofiered to the Jersey mutineers the same terms as to
the Pennsylvania tine ; and General Robertson, at the head of three thousand
men, was detached to Staten Island, for the purpose of entering Jersey, and
covering any movement which they might make towards New York. The
emissary employed, proved to be in the American interest, and delivered his
papers to CoLooel Dayton, commanding at the first station to which he came.
Other papers were dii^rsed among the mutineers, promising rewards to
every soMier who should join the British troops when landed at Elizab^-
town; but the mutiny was crushed so suddenly, as to allow no time &it the
operation of these proposals.
The vigorous steps now tak^ were, happily, followed by such attention,
on the part of the States, to the wants of the army, as checked the further
progress of discontent. Although the army was reduced to ahnost insup-
portable distress, by the scantiness of supplies^ the discontents of the people
were daily Ynultiplied, by enforced contributions, and the offensive manner
in which they were levied. Every article for public use, was obtained by
impressment, and the taxes, being chiefly specific, were either unpaid or col-
lected by coercbn. Strong representations were made against this sy^em,
and committees were, in some places, raised to express the public complaints.
The dissatkfaction, therefore, which pervaded th^ mass of the community,
was scarcely less dangerous, than that which had been manifested by the
arm^
XaV. The year 1781 commenced in gloom and despondency. The hopes
founded on French aid had been disappointed; the sufferings of the aCrmy
were unalleviated, and the prospect of its increase, discouraging. Of thirty-
seven thousand troops, voted by Congress, to be in camp on the first of
January, not more than fourteen thousand, two-thirds of whom, only, were
effective, had been raised, in all the Union, in June, when the campaign
opeoedi Food and raiment were still scantily supplied ; the latler, contracted
for in France, having been unaccountably delayed. In the mean time, the
country was threatened firom every quarter, — in the west, by new combina-
tions of the Indians — in the north, from Canada, and the discontented resi-
dents of Vermont, whose contention for jurisdiction, with the State of New
York, made them cold in the common cavise-^on the eastern border, by the
increased force of Sir Henry Clinton— on the south, by Rawdon and Coni-
wallis. To supply the American army witii food, would, perhaps, have bem
impossible, but for the eflferts of the financier, Mr. Rob^ Morris; whose
mercantile capital and credit were, judiciously, called to aid his official duties,
without which, the decisive operations of the campaign, might have been de-
feated.
XXYI. Washinglon still cherished the design of attacking New York, and
the French tiroops were ordered from Newport, late in June, for this purpose.
Hie inMoticm was abandoned, however, in August, in consequenoe <tfkrge re-
inforcements having been received, from Germany, by Clinton, the tarcUness
with which thft American ranks were filled, and the prospect of strikmg a suc-
cessful blow in the south. A large fleet, commanded by the Count de Graase,
was expected, daily, to arrive in the Chesapeake, affording, if conjoined in
opemtkm witlylie army, the most flattering hopes of the capture <^ Gorn-
walhs. \
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The appearance of an attack on New York, was still kept up, whilst
the aliied army crossed the North river, and passed, by way of Phikukl-
phia, to Yorktown. TTiis march would, probably, have been interrupted,
had not Sir Heiary ClintcHi, relying, confidently, on some intercepted letters,
developing the plan of the intended attempt on New York, believed the present
movement to be a feint, until it was too far completed to be opposed. The
order observed by the French troops, has, with great reason, called forth the
plaudits of the historian. In a march of five hundred miles, through a coun-
try abounding in fruit, not a peach nor an apple was taken without leave.
General Washington and Count Rochambeau, reached Williamsburg on the
14th of September; and visiting Count de Grasse, on board his ship, the Ville
de Peuris, concerted the plan of fiiture operations.
De Grasse arrived in the Chesapeake, from Cape Francoise, late in August,
with twenty«eight sail of the . line, and several frigates. At Cape H^iry, an
officer from La Fayette informed him of the situation of the armies in Vir-
ginia. Lord Comwallis, who had received notice that a French fleet was to
be expected on the coast, had collected his whole force at Yorktown and
Gloucester Point; and the Marquis had taken a position on James River, for
the purpose of opposing any attempt, which the British might make, to escwpe
into South Carolina. Four ships of the line and several frigates, were <fe-
tached for the purpose of blockmg up the mouth of York River, and of con-
veying the French land forces, under the Marquis of St. Simon, up the James
River, to form a junction with La Fayette.- In the mean time, the fleet lay
at anchor just within the capes. On thie 25th of August, the Count de Baritis
sailed from Newport for the Chesapeake.
Admiral Rodney, who commanded in the West Indies, supposing that the
greater part of the fleet of De Grasse, had proceeded to Europe, and that a
part, only, of his own squadron, would suffice to maintain an equality of force
in the American seas, detached Sir Sami^l Hood to the continent, wi^ Sour*
teen sail of the line. That officer made land south of the capes of Virginia,
a few days before De Grasse's arrival, and proceeded, thence, to Sandy Hook,
which he reached on the 28th of August. Uniting with the force under Ad-
miral Greaves, who, as senior officer, took the command, the whole fleet,
amounting to nineteen sail of the line, set sail, immediately, in hopes of falling
in with Do Barras or De Grasse, wholly unsuspicious of the force of the
latter. On the morning of the fifth of September, the fleet of De Grasse was
discovered, consisting of twenty-four sail of the line, in the mouth of the
Chesapeake. An engagement ensued, for several hours, in winch neither
pcurty could claim the victory. Some days were spent in manceuvres,
during which De Grasse, having the wind, might have brought on another
battle ; but it was declined, that the capture of the British army, now deemed
almost certain, might not be put to hazard. In the mean time, De Barras
arrived with his squadron, and fourteen transports laden with artillery and
stores, proper to carry on the siege. The English fleet retired before this
superior force, and returned to New York.
At length, the post of Lord Comwallis was formally be^eged, and the first
parallel commenced, on the night of the sixth of October. The siege was
prosecuted with great vigour, courage, and skill ; the officers and 8oldi^« of
France and America, striving who should display most, these qualities. The
defence was maintained, with equal spirit, against a vastly superior force,
during thirteen days ; until almost every gun on the fortifications was dis-
mounted, and the batteries prostrated. On the nineteenth. Lord Comwallis
surrendered the posts of Yorktown and Gloucester Point, with their garrisons,
and the shipping in the harbour with the seamen ; the army and arms, mi-
litary chest and stores, to Washington; the ships and seamen to the Count
2R
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de Grasse. The total amount of prboners, exclusive of Mamaiy exceeded
seven thousand men. The allied army may be estimated at sixteen thoowndj
the French at seven thousand ; the continental troops at five thousand fire
hundred, and the miUtia at three thousand five hundred. Sir Henry GlintaQ,
fully apprized of the influence which tlie fate of the army, in Virginia, wuM
have on the war, exerted himself, strenuously, for its preeervation ; aac
having embarked about seven thousand of his best troc^ sailed for tin
Chesapeake, under convoy of twenty-five sail of the line. Thb armament
lefl the Hook on the day the capitulation was signed at Yorktown, and ap
peared ofif the capes of Virginia, to learn the tidings of surrender, and tc
return to New York ; no sufiicient motive remaining for attacking tbe great'
ly superior force of De Gras^se.
The exultation throughout the United States, at the capture of this ibnni-
dable army, which had inflicted incalculable misery over an immense spaof
of territory, was equal to the terror which it had inspired. The opinioB be-
came universal, that the great struggle was over, that the object of the coa<
test had been fully gained, and every demonstration of gratitude was pourec
forth by Congress and the people, to heaven, and its agents in their de
liverance.
XXVI I. Whilst the allied armies were on march for Virginia, Sir Henr]
Clinton, probably, with the hope of recalling Washington, sent an expiedilia
under Arnold, against New London, which landed in the port on the 6ti
of September. Fort GrisWold, on one side of the harbourt made an obiti.
nate resistance. It was garrisoned by Colonel Ledyard, and one hnndiw
and sixty men. But being taken by storm, the captors disgraced their tit
umph, by the slaughter of the brave and unresisting defi^uders* Colonel
Ledyard presented his sword to the commanding officer of the assailants
which the barbarian instantly plunged into his b^om, and the carnage wsi
kept up, until the greater part of the garrison was killed or wounded. I
such vengeance could be justified, there was, indeed, cause for it. Colone
Eyre, and Major Montgomery, the second in conunand, together with tw<
hundred men, fell in the assault. The town of New London, and the stora
which it contained, were consumed by fire.
XXVIII. The capture of Cornwallis was the conclusion of the. war* i
show of hostility was preserved for a • few months, and some skirmishing
was had, of no great interest, between the parties, near New York, am
in the vicinity of Charleston. But no military event of importance, aBer
wards took place. Count de Grasse sailed for the West Indies, Waya
and Gesl's brigades marched under General St. Clair, to the aid of Greene
in the south ; the French troops remained in Virginia, and the easten
regiments returned to New Jersey and New York, under the immediak
command of General Lincoln.
Stimulated by these successes, the preparations for another campaign
were commenced, with much alacrity. The resolutions respecting the m&'
tary establishment, were adopted by Congress, so early as the 10th of De-
cember; and those providing for the expenses of the war, substituting a
vigorous system of taxation, for the demoralizing and unjust practice of ex-
tortion, and requiring eight millions of dollars, in specie, to be paid by the
States, quarterly, M^ere passed so early as the 10th (^ October. But tha
country was exhausted. The obstacles to raising reyenue, were abnoit
insuperable. At the commencement of the year 1782, not a dollar remained
in the public treasury; and although the payment of two millioiis had beeo
required by the first of April, on the twenty-third of that month, not a csot
Mbeen received. On the first of June, twenty thousand dollaxs, scarce moie
lh%^suificient for a single day's service, had been paid. In July, when a
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kaif ^ears* tax was due, the minister of finance was informed by his agsntSt
that m some States, nothing would be received before the m<»ith of Decent
ber. The country was, therefore, indebted for indispensable supplies, to the
funds and credit of the financier; but the public oredil^rs were unpaid, and
no one could look forward, without deep anxiety, to the perpsftaation of the
system of forced contribution.
Happily for the United States, the people of Great Britain had weaned of
the contest, and constrained their King^ and his ministers, to think of peaee*
Strong resolutions were adopted by Parliament late in February, which nil
being promptly acted upon by the ministry, were followed on the 4th of
March, by a rote of the House of Commons, denouncing as enemies to his
Majesty and the country, all who should advise or attempt, a fiirther prose*
cution of offensive war on the continent of North America* A change of
ministry succeeded these votes, with instructions to the commanding oSeeis
in America, which conformed to them.
XXIX. Although the spirit of animosity between the two nations, Great
Britain and the United States of America, began to yield to policy and hu*
manity, the ire which dwelt in the bosoms of the tories, seemed to wax
stronger, as their hopes of restitution waned. In the depredations of Arnold,
and in the border war of New Jersey, the injuries done by them, were the
most malignant; and their vengeance was still poured out upon New Jersey.
From many outrages, we select the following, as most promment.
On the 2d of April, 1782, Captain Joshua Huddy was captured, with the
block-house he defended, on Tom's river, by a party of refugees, aikr a
gallant resistance. He was carried to New York, and detamed in olose
confinement for some davs, and thfin told, that he was to be hanfled. Four
days after (on the 12th,) he was carried by a party of tories to Middletown
Heights, where he was deliberately executed, with the following label affixed
to his breast. — '^ We, the i^ugees, having long, with grief, beheld the cniei
murders of our brethren, and finding nothing but such measures daily carry*
ing into execution; — we, therefore, determme not to aufier without taking
vengeance for the numerous cruelties ; and thus begin, having made use of
Captain Huddy, as the first object to preseirt to your view; and fiirther de-
termine, to hang man for man, while there is a refugee existing. Up goes
Huddy, for Philip White.'*
The Philip White here named, was a tory, who had been taken by a
party of Jersey militia, and killed, in attempting to escape. His death was,
fidsely, charged upon this victim. Huddy was a man of extraordinary
bravery, and met his hard fiite, with rare fortitude and composure of mind.
He executed his Avill, under the gallows, upon the head of the barrel, from
whkh he was immediately to make his exit^-^cmd in a hand«writing, fairer
than usual. Greatly indignant at this wanton murder, Washington wrote
to Sir Henry Clinton, threatening, that unless the murderers were surren-
dered, he would retaliate. The demand being refused, Captain Asgill was
designated by lot, as the subject. In the mean time the British instituted
a court-martial, for the trial of Captain Lippincott, the principal agent in
the ne&rious deed; when it appeared, that Governor Franklin, president
of the board of associated loyalists, had given verbal orders to Lipfnncott,
designating Huddy as a prc^r object for vengeance, as one who had perse-
cuted the loyalists, and had been especially instrumental in hanging Stephen
Edwards, a refugee. The court acquitted Lippincott, stating, that hia con-
duct was dictated by the conviction, that duty required hmi to obev the
orders of the board, as he did not doubt their authority. Sir Guy Carlet(»,
who had succeeded to the chief command of the British army, notwith-
standing the aoquittal, reprobated the measure, gave assurance of fiirther
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316 HISTORY OF NEW JERSEY.
inquiry, and broke up the board of associated loyalists, to prevent the repeti*
tion of such excesses. Asgill was rescued from various reasons. The end
of the war rapidly and visibly approached — the Count de Vergennes inter-
ceded for him, by letter, enclosing one from Mrs. Asgill, his mother, and Con-
gress (November 7th,) directed the commander^n-chief, to his great satisfac-
tion, to set the captain at liberty.
XXX4 Sir Guy Carleton, with Admiral Digby, was commissioned to
n^otiate a separate peace with the Americans ; but their efforts were futile,
as such a course, being dishonourable to the States, was inadmissible. Nor
was it apparent, that the powers of the commissioners were sufficiently full
for the object. But the public votes we have stated, and, probably, the pri-
vate instructions given to the British general, restrained him from offensive
war; and the state of the American army, disabled Washington from any
attempt on posts held by the enemy. These causes of inactivity in the
north, extended also to the south.
Ailer an intricate negotiation, in which the penetration, judgment, and
firmness of the American commissioners* were eminently displayed, eventual
and preliminary articles of peace were signed on the SOth of November.
The treaty, however, did not take efiect, until tho general pacification, on
the 20th of January, 1783. Tidings of the latter event were communicated
by M. de La Fayette, by letter, received 24th of March. Early in April,
came a copy of the treaty, from the American commissioners, and on the
19th of that month, the cessation of hostilities was proclaimed. On the 15th,
the execution of the treaty was publicly celebrated, at Trenton.
XXXI. To the restoration of the blessings of peace, one important mea-
sure, the dissolution of the army, was indispensable. Military habits, and
the spirit of segr^ation which they engender, are incompatible with the
order and equality of civil life. The general and corporal are alike te-
nacious of command ; and the soldier, reluctalhly, lays aside the casque,
the uniform and arms, the idleness and the license, which distinguish him
from the citizen. The camp becomes his country — his fellows in arras, his
only compatriots, and the articles of war, and the will of his officers, his only
laws. His whole being is newly, but not beneficially, modified. His intel-
lectual powers and employm^ts are confined to narrow limits, whilst his
physical force and sensual appetites, are generally increased, and oflen in-
dulged, by irregular gratification. To dissolve an army which has no cause
of complaint against the State, is often a difficult and dangerous duty — to
disarm men, to whom the State, without the means of payment, is deeply
indebted; who, poor and naked, look, confidently, on their return to civil life,
only, to servile labour, beggary and oblivion, is indeed a perilous task ; yet
one, which among the miracles of the American revolution, was accomplish-
ed. A happiness, for which the country was as much indebted to the com-
mander-in-chief, as for his military services. The traits of character dis-
played by him in attaining this object, are more valuable than any exhibited
in his previous and after life, excellent as these, certainly, were. He had his
equals, perhaps superiors, in his own country, in military talent and polilteiri
icience; but in ma«ianimity, self-control, and true appreciation of fii«^
he was unrivalled. * Had he been animated by ordinary ambition, th^-ptd-
sion common^ an Alexander, a Ceesar, a Cromwell, and a Bonapui^^iie
might readily have availed himself of the discontents of the army to jjiiptift
it; he might have loosed lip^n his country, the most ferocious of anin^STon" ,
irritated soldiery, and have compelled that country to fly to military des^-
i*n> as a refuge against the worse evils of anarchy. But, with the lote^f
*• JflmBBn. John Adams, Benjamin FranklljL, John Jay, and Henry Lauren*.
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HISTORY OF NEW JERSEY. Sit
peace, of order, of social feeling and political equality, which con oever be
too much praised, he said to the angry elements of discord, be still, and they
obeyed his voice.
Wh^ the prospect of peace became certain, the oiRoers of the army tam-
ed anxiously to their own condition, and asked, as an act of justice, pa3rmeQi
of arreaars, and compensation for losses sustained by a depreciated currency;
and, as an act of ^titude, a reward, for service$ whicn were inestimable.
To the immediate gratification of these demands, the obstacle was obvious,
as irremediable, in an empty treasury. But there was a party in the na-
tional councils, who were indisposed to accept, without qiiestion, the high
estimate of services made by the military — who believed that the life of the
soldier, had, like other conditions, mingled good and evil, the one com-
pensating the other; and who would not admit, that the distinction sought
by thousands, despite of the labours and privations which it imposed, gave
extraordinary and preferable claims upon the country. However sound, iB
general, might be this view of military merit, it was less just when applied to
the continental army. There is no evil, it is true, which afflicted the Ameri-
can soldier, that had not be^ borne in pursuit of the very worst olijects of
human ambition, of abscrfote and unhallowed power, of the sorcMd love of
gold. But the motive elevated the service; ' yet, only so long, as that motive
was disinterestedly patriotic Every efibrt to obtain pecuniary compensa-
tion, made by the soldier^ stripped his pretensions of their gilding, ttsd re-
duced hira. aeaier to the grade of the ordinary mercenary. The country,
but more, especially, postectty, otired to the men of the revolution, a deep debt
of gratitude. But was that more due to the suffering soldier, than the su^-
ing citizen— to him who met the enemy in aims, manfully returning blow
for blow, than to him, who encountered the foe U|Km his hearth-stone, and
unresistingly beheld his bams and his byres plundered, ^ wife of his
bosom, and the children of his love, violated or slaughtered — to him, who,
though, occasionally, scantily and precariously fed, had some assurance in
the care. of the nadon, and in his own arms, that he should not starve, than
to him, who was stripped of the loaf 'that he had garnered for his infants,
that the soldier might not want — ^to him whom, depreciation of the currency,
left as it found him, a pennyless man, than to him whom that depreciation
despoiled of the hoards of his ancestors, and of the stores laid up during a
long life of unremitting industry? Let the suffering of the soldier and the
citizen, be duly compared ; they will not be found more unequal than were
the enjoyments for which they contended. An extraordinary gratitude con-
tinues even now, to repay the one, but no pension, no praise, has smoothed
the thorny path of the other, to the grave.
With views such as we have glanced at. Congress lent a dull and unwil-
ling ear, in the depth of pecuniary distress, to the vehement cries of the
soldier; and in consonance with the experience of all times past, he demon*
strated the disposition to redress his own grievances, and in his own way. An
anonymous, but eloquent and inflammatory address, was circulated throi^
the army,^ exciting to this course ; whilst another missive summoned th^
general and field-officers, to convene on the succeeding day. A crisis had
thus approached, big with the fate of the nation. It was possible, for the
commander-in-chief, by prompt, decisive and steady action, to avert the
thr^itened evil ; and he did not shrink from the service. He instantly no-
ticed the seditious papers, in general orders, and called th$.general and field-
officers, with one officer from each company, and a representation from the
stafi^ of the army, to assemble on the 15th, to consider the jreport of a com-
• March 10th, 1783.
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mittee which had been deputed ffom the army to CongreiB. Ife employed
the interval, successfully, in preparinf the minds of aU for moderate mea-
sures. At the convention, General Uates took the chair, and Washington
addressed the officers, reprobating, in the strongest tenai, the anonymous
addresses, not only as to the mode of communication, but, also, as to the
spirit which indicted them— dwelling on the character which the army had
acquired for patriotism ipd order-— expressing undiminished confidence in
the justice and gratitude of the country, and conjuring them, as they valued
their honour, as they respected the rights of humanity, and as they regarded
their military and national character, to express their utmost detestation of
the man who was attempting to open the floodgates of civil discord, and to
deluge the rising empire with blood. So abs^ute was the power of virtue,
on this oocamon, that not a voice was raised to oppose its behests. Reso-
lutions were, unanimously, adopted, echoing the sentiments of the com-
nander-inH^hief.
These events hastened the adoption of a resolution, which had been, some
time, pending before Congress, siving to the officers who preferred a sum in
gross to an annuity, &Ye years lull pay, in money, or in securities at six per
cent., instead of the half*pay for life, which had previously been promised
them ; and measures were also taken, to obtain for the troops, three m(»Eiths'
pay in hand. At the same time, a happy mean was pursued, of dispersing
the dangerous mass. The commaader-in-chief was instructed, to grant fur-
loughs to the non-commissioned officers and privates, with an intention,
which, of course, was persevered in, that they should not be required to re-
join their regiments. The officers remonstrated; but the general again ap-
peased them, and gained thdr acquiescence. In the course of the summer,
a great proportion of the troops, who had enlisted for three years, returned
to their homes; and on the third of November, 1789, all who had engaged
for the war, were discharged.
By these means, an unpaid army was disbanded and dispersed; — the pn-
vates betaking themselves to labour — tiss officers, who had been drawn from
«very condition of society, from the* professions, from husbandry and from
trade, and the mechanic arts, returned, generally, to their primary pursuits.
One, only, exception stands forth fran this scene of honourable and pa-
triotic devotion. About eighty of the new Pennsylvania levies, who were
without pretensions of sufiering and service, in despite of their officers,
inarched from Liancaster to Philadelphia,* to seek a redress of grievances.
Joining with some troops, in the barracks of the city, their force was increased
to three hundred, which proceeded with fixed bayonets and drums, to the state-
house, where Congress, and the supreme executive council of Pennsylvania,
held their sessions. They placed guards at every door, and sent to the
council a written message, threatening to loose the soldiery upon them, if
their demands were not granted within twenty minutes. Congress, thouj^
not the object of the soldiers resentment, deemed themselves grossly insulted,
having boan restrained of their liberty for several hours. Apprehensive of
(urther ill consequence, from this insurrection, that body adjoumed, to meet
at Princeton, the next place of their assemblage. General Washington, in-
formed of this outrage, despatched fifteen hundred men, under General Howe,
to quell the mutiny, which, previously to their arrival, was suppressed, widi-
out bloodshed. Several of the mutineers were tried and condemned, two, to
sufier death ; and ^r, to receive corporal punishment ; but all were afierwaids
pardoned.
XXXII. On Ihe 2»h of November, 1788, the British evacuated New
* June 90tb, 1783.
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fflSTORY OF NEW JERSEY. 819
York, and General Washington, attended by General Clinton, many civil
and military officers, and a cavalcade of citizens, made a public entry into
that city.
His military career was now on the point of terminating ; but previously
to divesting himself of his command, he proposed to bid adieu to his com*
rades in arms. The interview, for this purpose, took place on the fourth of
Deoen^ber, at Francis' tavern. At noon, the principal officers had asaembied»
when be entered the room. His emotions were too strong to be concealed.
Filling a glass with wine, he turned to them and said, ^* with a heart full of
love and gratitude, I now take leave of you. I most devoutly wish, that your
latter days may be as prosperous and happy as your former ones have been
glorious and honourable." Having drutk, he added, '^ I cannot oome to
each of you to take leave, but shall be obliged, if each will come and take
me by the hand.'' General Knox being nearest, turned to him. Incapable
of utterance, Washington grasped his hand, and embraced him. In the same
affectionate manner, he took leave of all. Every eye was suffused with tears,
and not a word broke the deep silenoe and tenderness of the so^ae. Leav-
inff the room, he passed through the corps of light infantry, and walked to
White Hall, where a barge waited to convey him to Paules Hook. The
whole company followed in mute and solemn prooessicMi, testifying feelings
of delicious melancholy, which no language can describe. Having entereid
the barge, be turned to his companions, and waving his hat, bade them a
silent adieu. They returned the affectionate salute, and when the barge had
left them, marched, in the same solemn manner, to the place where they
had assembled.^
One other act remained, to render the fkme of Washington, as imperisha-
ble as the globe on which he lived— to set an example of virtue and patriot*
iam^ which, through all time, shall inspire the good with the desire of imita«
tioD, and curb and defeat the demagogue, and the tyrant, who use political
power for private ends. This was, the voluntary surrender of that almost
dictatorial power, which had been granted by the sages of his oountry, and
which he had used with unequalled prudence and conscientious reserve. Ttik
solemn and impressive duty, he pedbrmed at Annapolis, oo the 2dd of
oember, 1788, delivering his commissioii to the assembled council of
nation, from whom, eigl^ years before, he had received it; and retiring to
become, the first in peace, as he had be^ first in war, and first in the hearts
of fajs countrymen.
* Marshall. Gordon.
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CHAPTER XVIII.
1. Peculiar suflbrin^ of the State of New Jersey from the War.— II. Laws in New
JerMjT relative to the Militia.— III. Council of Safety.— IV. Military efibrta of
New Jersey. — V. State Representatives in Congress. — VI. Esta bl ishment of the
New Jersey Cazette. — VII. Unhappy Condition of the States afler the return of
Peace. — VIII. Inefficiency of the Articles of Confederation — Part of New Jersey
in their Adoption. — IX. Measures proposed in Con|rres8 for maintaining Public
Credit— Efforts of New Jersey upon this subject.— A. She resorts to Paper Cur-
rency and Loan Office for Reiier. — XL Difficulties with Great Britain relative to
the Execution of the Treat;^.— XII. Measures for regulating the Trade of the
Union — Result in a Proposition for Revision of the Articles of Confederation. —
XIII. Adoption of the New Constitution — Ratified by New Jersey.
I. In the rapid sketch we have given of the revolutionary war, we have
endeavoured to place in full relief, those events, in which the State of New
Jersey bore a distinguished part, or claimed a peculiar interest. We have,
thus, noticed the battles and skirmishes which took place within and around
her borders, and the injuries she sustained from the marauding parties of the
«iemy, and the requisitions of her friends. We have seen, that the Ameri-
can grand army, except for a period of nine months, between September,
1T77, and June, 1778, when the British occupied Philadelphia, and for the
two months of the autumn of 1781, employed against Comwallis, in Virgi-
nia, was, during the whole war, within, or on the confines of, the State. Its
presence necessarily drew upon her, the perpetual observation and frequent
inroads of the enemy; so that her citizens were, at no time, relieved from
the evils of war. Had the American army been regularly and fully paid,
some, though inadequate compensation, might have been derived from the
sale of her products to additional consumers. But, unhappily, those pro-
ducts were, too frequently, taken without payment, or were paid for in cer-
tificates, which, for the time, were worthless.
New Jersey, therefore, in the contest, to which she was as disinterested a
party as any State in the Union, suffered more than her proportion, more
than any other State, South Carolina excepted. Under these inflictions, the
patriotism, patience, and fortitude of her people, were merits of the highest
order. Her Legislature shrunk from no effort which the general interest
required, and was, commonly, among the first to act upon the suggestions of
Congress. Afler the victories of Trenton and Princeton, her miUtia, though
continually harassed, hy the cares of defending a long line of coast, turned
out with promptness and energy, at the frequent calls of the commander-in-
chief; axKl when actually invaded, in force, upon her eastern border, de-
spatched considerahle aid to her western sister State. The commander-in-
chief, and his principal ofiicers, bear ahundant testimony to the activity,
courage, and patriotism of her regular troops. Still, it remains, in order to
display the part borne hy the State, in the revolution, that we enter some-
what more fully into the peculiar measures she pursued.
n. The subject of militia service was then, as now, one of much diffi-
culty, in all communities where the Quakers are numerous. The doctrine
of non-resistance is more admirable in theory, than admissible in prac-
tice. Probably, it can exist, only, where the State possesses an adequate
number of members, who are conscientiously scrupulous in defending their
rights; and that a community of non-combatants, having wherewith to
excite the cupidity of others, would be converted into soldiers or slaves. In
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HISTORY OF NEW JERSEY. * • 821
West Jersey, the Quakers wero launerous, nch, and, as m Peilisylvania,
maAy were not imfHendly to British pretensions. TheUr influence was suffi-
cient to enerrate the militia system. The ordinances of the Convention be-
trayed this; and the system became dne of the first subjects of attention for
the Legislature of the new State.
In a letter of the 24th of January, 1T77, to GoftmCiT Livingston, General
Washington cfvnplained of its inefficiency, and strenuously urged, that "every
man capable of bearing arms, should be obliged to turn out, and not permit-
ted to buy off his services for a triffing sum.*' The governor communicated
and enforced this sentiment to the Legislature, whilst General Putnam, at
this time, stationed at Princeton, irritated by the refusal of numbers to perform
military duty, gave peremptory orders to apprehend delinquents, and to exact
personal service, or to levy what he deemed proportionate fines. This arbi-
trary and illegal measure was properly reproved by the governor; but the
general seems neither to have imderslood, nor relbhed the forbearance en-
joined upon him, although sustained by orders of the commander-in-chieC
In framing the new militia bill, the principle of pecuniary composition for
service, was, tenaciously, retained. Again, Washington interfered, ejtclaim-
ing, *' How can an Assembly of gentlemen, eye witnesses to the distresses
and inconveniences that have their principal source in the want of a well
regelated militia, hesitate to adopt the only remedy that can remove them !
And stranger still ; think of a law, that must, necessarily, add to the accu-
mulated load of confusion ! For Heaven's sake, entreat them to lay aside
their present opinions, and wavii^ every dther consideration, let the public
good be singularly attended to ! The ease they design their constituents, by •
composition, must be delusive. Every distinction between rich and poor,
must be laid aside now.'^''^ Still the militia law, passed on the 15th of March,
1777, authorized the commutation of service, during the war.
in. More energy was infused into another act of the Legislature, enacted
at this period, on the recommendation of the executive, constituting the go-
vernor, and twelve members of the Assembly, " a council of safety," with
extraoi'dinary and summary powers. The members had the authority of
justices of tite peace throughout the State, — they might fill vacancies in all
offices during the recess of the Legislature — might correspond with Congress
and other States, transact business with the officers of government, and pre-
pare bills for the General Assembly — might apprehend disaflfected persons,
and imprison them, without bail or mainprize — might cause the laws to be
faithfully executed, enforce the resolutions of the Assembly, and recommend
to the speaker, to convene that body — and might call out such portions of the
militia, as they should deem necessary, to execute the laws or protect them-
selves. The original act was limited to six months, but the powers given
were continued and enlarged from time to time, until the middle of the year
1778. An attempt was unsuccessfiilly made, to revive this power in 1780.
It was most usefully employed in detecting and punishing the tories.
IV. There is much difficulty in giving a rtiinute and accurate account of
the military efforts of the State. Those of the militia were, generally, desul-
tory and momentary, whilst those of the regular troops are involved in the
operations of the continental armies. All officers of the militia, above the
grade of captain, were appointed by the council and Assembly, in joint meet-
ing, who, also, nominated all the officers of the continental brigade, below
the rank of brigadier. The milkia officers, of all ranks, were fVequently
chan^; but the changes in the brigade were little more Aan such as were ^
occasioned by death and promotion. " «
»
" Sedgwidi'f Livingston— Vote of Awembly— State Laws.
2S
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822 ' fflSTORY OF NEW JERSEY-
The first brigadiers of militia were Philemon Dickenson, Isaac William-
son, and William Livingston. Greneral Williamson resigned sixth of Feb-
ruary, 1777. Mr. Livingston's commission was vacated by his election as
governor. On the clo^e of June, 1776, when the militia were ordered to
meet the enemy operating against N«w York, Cblonel Nathaniel Heard was
promoted to the command of the detachment of three thousand three hun-
dred volunteers, engaged to serve until December, which had been offered to
Joseph Reed, who, about this time, entered the continental service. The
colonels were Philip Van Coiliand, Ephraim Martin, Stephen Hunt, Silas
Newcomb; lieutenantKx>lonels, David Brearley, David Forman, John Mun-
8on, Philip Johnson, and Bowes Reed; brigade-major, Robert Hoopes. On
the eighteenth of July, Ck^ngress having authorized the commander-in-chief
to call to his assistance, two thousand men from the flying camp, the Conven-
tion of New Jersey supplied their place by a like number of militia. As the
gucceas of the enemy increased, and the danger to the State became immi-
nent, still more strenuous measures were adopted. On the 11th of August,
1776, the Convention, by ordinance, divided the miUtia into two classes, or-
dering one-half into immediate service, to be relieved, monthly. The fine
imposed on privates, refusing to serve, was three pounds, only. This forced
efibrt was, necessarily, of slK>rt duraticm.
On the 15th of February, 1777, Greneral Dickenson proposing to remove
from the State, tendered to the Assembly his commission of brigadier, which
was accepted with a vote of thanks, for his spirited and prudent conduct
whilst in office. Joseph Ellis was named his successor, but declined the
commission. On the twenty-first of February, David Potter and John Neil-
son, on the fourth of Marcb« Colonel William Winds, on the fifth, David
Forman, and on the fifteenth Silas Newcomb, were named brigadiers. Mr*
Potter declined to serve. General Forman resigned on the 6th of Novem-
ber, and General Newcomb on the 4th of the foUowing month. On the 6th
of June, Mr. Dickenson, having abandoned his intention of leaving the State,
was appointed major-general; he held this post during the war, was fi^
quently, as we have seen, engaged in active service, givmg high satisfacticMi
to the commander-in-chief, tl^ constituted authorities of the State, and the
troops under his command.
To the continental army. New Jersey supplied two highly distinguished
general ofiicers, and a brigade, certainly, inferior to none in the service.
Lord Sterling, remarkable for his zeal and energy as a whig, was, in
October, 1775, a colonel in the militia of Somerset county. He was soon
after appointed to the same rank, In the first continental regiment fiom the
province, whilst William Maxwell leceived the colonelcy of the second. In
becember, of the same year, Lord Stiriing was suspended by Governor
Franklin, firom his seat in Council. In January, 1776, he reoeived the
thanks of Congress, for the capture of the ship Bhie Mountain Valley, winch,
with the aid of several geptl^nen, volunteers from Elizabethtown, he sur-
prised. In March following, he became brigadier, and in February, 1777,
major-general, in the continental army. He died at Albany, 15th of
January, 1788, whilst in chief command of the northern department.
During the war, he rendered as much personal service as any officer of his
rank ; and to his military merit. General Washington has borne honourable
testimony.*
* Williun Alexander, Earl of Stilling, wat the only son of James Alexander, a
dlstinffoiehed lawver, of New Toik, and at one time, Secretaiy of the Provinee of
I New Jeraej. William commenced buainees as a merchant, in new York. In I7S5,
he was appointed one of the army contractors, by General Shirley; and, sabeeqa«nt-
Ijf private secretary Id that commander. Being skilled in tbeoretie and pnetical
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HISTORY OF NEW JERSEY. 528
In February^ 1776, a third battalioQ was railed ip Neiy Jersey, placed
under the commaiid of Colonel Maxwell, and marched for Canada, tinder
the resolutions of Congress, authorizing the raising of eighty-eight battalions^
for the war, four were allowed to that State. In fitting tlKaon, recourse was
had to the three battalions already in service, northward of Albany, and for
the deficiency, to the five battalions, raised for one year, under the coimnand
of General Heard. Pursuant to the recommendation of Congress, of the
8th of October, 1779, the Assembly appointed a committee, consisting of
Theophilus Elmer and Abraham Clark, to nominate the officers for the bat*
talions, subject to the revision and confirmation of the Legislature. The
fii^ field-officers confirmed in joint meeting, were Colonels Elias Dayton,
Ephraim Martin, Silas Newcomb, Isaac Shreve; Lieutenant-colonels David
Brearley, Matthias Ogden, David Rhea, and Francis Barber; Majors Wil-
liam De Hart, Richard Howell, Joseph Bloomfield, and E. Howell. The
company officers were appointed at the same time. Several changes in the
field-officers, almost immediately took place.
Uiider the authority of Congress, m 1780, a new arrangeipent of the
Jersey brigade was made, reducing the four battalions to three regiments,
which was confirmed by the Assembly of the State, on the 26th of Septem-
ber, in the following manner, as to the field-officers. Of the first regiment,
Matthias Ogden, colonel, David Brearley, lieutenant-colonel, Daniel Piatt,
major; of the second regiment, Isaac Shreve, colonel, William De Hart,
lieutenant-colonel, and Richard Howell, major; of the third, Elias Dayton,
colonel, Francis Barber, lieutenant-colonel, and John Conway, major. The
brigade, before and after it was thus constituted, was commanded by Briga-
dier-general Maiwell, and was employed, at times, in every part of the con-
^ tinent; wherever hard service was required, in the north, south, centre, and
' west.* Besides the distinguished military officos, we h^e above named.
New Jersey gave to the continental army. Adjutant-general Joseph Reed,
subsequently President of the Executive Council of Pennsylvania, and Elias
Boudinot, the commissary-general of prisoners. This gentleman was, also,
in 1783, President of Congress. In the civil department, she gave to the
United States, a judge of admiralty, in Francis Hopkinson, and to Pennsyl-
vania, an attorney-general, in Jcmathan D. Sergeant.
V. In Cbngress, the State lippears to have been uniformly and efficiently
represented, and her del^ates chosen, annually, by the Assembly, in joint
ballot, to have borne an active part in all the important business of that
body. We have heretofore given the names of her representatives, up to the
adoption of the constitution of the State, and now append the names of those
nwthematics, be was made surveyor-general of East Jersey. In September, 1756, he
aooon|Miued Shirley to England, and by bia persnasims, was induced to claim the
Scottish earldom of Stirling, of which he bore the fkmily name, and which had been
in abeyance, since ITSOTue succeeded in establishing, in 1759, fait direet descent
from tne titled family, before a juiy of serviee. as vequired by the Seotdi law, and,
confident of final success, assumed the title, which was, at the same time, adopted bgr
several other claimants. But the final decision depended on the House or Peers,
which forbade all claimants of peerages to use the titles, until their rights were esta-
blished. The decision was ultimately against him; but the title was given to him by
courtesy, during the remainder of his life. Shortly afler his return to America, he
removed to BaSungridge, in the county of Somerset, New Jersey, where his father
had owned extensive tracts of land; and being soon aflerwards appointed a member of
the King's CouncU, he remained at this place until the revolution. His letten to the
Lords Bute and Shelbume, some of whicn remain, show an earnest desire to develope
the resources of the colony. He made a map of the province, and endeavoured to
foster its manufhctures. In the year 1773, he exerted himself to discover the agents
in the robbery of the treasurer, Stephen Bkinn^t. Sedgwick's Life qflMngsUH.
* General Maxwell resigned, 2Dth of July, 1780.
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324 HISTORY OF NEW JERSEY,
who served from that period, to the organization of the present federal
goverament.*
VI. Among other measures, and certainly not the least efficient, adopted
by the Legislature, in aid of the revolution, was the establishment of the
public press, and the New Jersey Gaiette; designed, among other good pur-
poses, to counteract the influence of the Royal Gazette, published by Riving-
ton, in New York. This matter was proposed to the Assembly on the 11th
of 0<^ber, 1777, and was undertaken by Mr. Isaac Collins, who had been
printer to the province for some years ; the Legislature engaging, for seven
nundred subscribers, to establish a post from the printing office to the nearest
continental post office, and to exempt the printer and four workmen (rem
militia service. Mr. Collins was a Quaker, a whig, a man of enteiprise,
courage and discretion. The gazette was regularly published, until the
25th of November, 1786, when other presses having been established, it
was discontinued, for want of patronage. It rendered essential service to
the patriot cause, and was the vehicle for the lucubrations of Governor Liv-
ingston, an^ other writers, who animated and directed the efforts of their
countrymen.
Vn. The States had univBraally looked forward to the return of peace,
with the establishment of their independence, as to a condition of unalloyed
happiness. The unyielding firmness with which their trials had been borne,
and the glorious termination of the contest, gave to the people much self-
satisfaction, at home, and an honourable reputation, abroad, which served as
powerful stimulus to pursue their high destinies with vigour. But many
obstacles of^osed the rapid progress which their hopes had predicted. In
the course of the long war, the people hsul been greatly impoverished — their
property had been seized for the support of boUi armies, and their labour
had been much dftvoted to military service. The naval power of the enemy
had almost annihilated their commerce; the price of imports was enhanced,
whilst exports were reduced much below their ordinary value. On opening
their ports, an immense quantity of foreign merchandise was poureid into
the country; and the citizens were, generally, tempted by the sudden cheap-
ness of goods, and by their own wants, to purchase far beyond their means
«f pf^yment. Into this indiscretion they were, in soipe measun^, beguiled,
by their own sanguine calculations, on the rise of the value of their* pr^ucts,
* The following named gentlemen were elected to Congreei at the times respec-
tive designated. —
1776, November 90th, Richard Stockton, Jonathan Dickenson Sergeant, Dr. John
Witherspoon, Abraham Clark, and Jonathan Elmer. Mr. Stockton resigned, 10th of
FebmarYi 1777.
1777, November dOth, Messrs. Wttherspoon, Clark, and Elmer, Nathaniel Scudder,
and Elias Bondinot.
1778, November 6th, Witherspodn, Scudder, Frederick Frelinghaysen, John Fell,
and John Neilson.
1779, November 17th. The delegates were reduced to three, and were, John Fell,
fl^lliam Churchill Houston, and Thomas Henderson.
1780, November 23d, Witherspoon, Clark, Houston, William Patterson, and Wil-
liam Burnett. "^ -
1781, November 2d, Clark, Houston, Elmer, Boudinot, and Silas Condict.
1783, October 30th, Boudinot, CUrk, Ehner, Condict, and Frelinghausen.
1783, November ^th, Ehner, Condict, John Stephens, sen., John Beatty, and
Samuel Dick.
1784, October 2dth, Houston, Beatty, Dick, Lamft^ert Cadwallader, John Cleves
Sjmmes, and Josiah Homblower.
1786, October 28th, Cadwallader, Symmes, and Homblower.
1986, November 7th, Cadwallader, Clark, and James Schureman.
1787, October 31st, Clark, Elmer, Patterson.
1788, Clark, Elmer, Jonathan Dayton.
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I
HISTORY OF NEW JBRSEY. 325
and the evidences of the public debt, which werd in the hands o^most mexk.
Extravagant estimates were made of the demand for lands, by the vast con-
course of emigrants, which it was supposed equal liberty would bring from
Europe; and adverting to the advantages gained by those who purchased on
credit, during the prevalence of paper money, many individuals made exten-
sive purchases at very high prices. The delusions, however, were soon
dissipated, and a greater proportion of the inhabitants found thiemselves in-
volved in debts they were unable to discharge. One of the consequences of
this state of things, was a general discontent with the course of trade. From
their superior skill and capital, and free admission to American ports, the
Blltish merchants had greater advantage in the American trade, than when
the States were colonies ; whilst the navigation of American ships to British
ports, was prohibited, and American exports refused admission, or burdened
with heavy duties. In the rich trade of the neighbouring colonial, the Ameri- ^
cans were not permitted to participate, and in the ports of Europe they en-
countered embarrassing regulations. From the Mediterranean, they were
excluded by the Barbary powers, whose hostility they could not attbdue, and
whose friendship they could not purchase.
The unpaid debt of the war was a source of great inconvenience to the
country at home, whilst it caused ignominy and contempt abroad, from
which therfe was no chance of escape, whilst the means of payment were
derived from the State sovereignties. The debts of the union were com-
puted to amoimt, on the first of January, 1783, to somewhat more than forty
millions of dollars, which were due to three classes of highly meritorious
creditors. To an ally, who, to the extensions of his arms. Sad added gene-
rous loans, and liberal donations; — ^to individuals in Holland, who, b^des '
this precious token of confidence, were members of a republic, which was
second in espousing our rank among nations — and to the soldiers of the war,
whose patience and services, merited any other reward, than neglect and
procrastination of payment; and to citizens who had originally loaned their
funds, or had become purchasers of public securities.
This debt was due, part from the United States, and part from the individulil
States, who became immediately responsible to the creditors, retaining a claim
against the general government, for the balance, which might appear on the
settlement of accounts. The depreciation of the debts due from the Union,
was consequent on its poverty, aivl inability to acquire funds; whilst the de-
preciation of the State debt, can be ascribed only to the want of confidence in
governments controlled by no fixed principles.* In many of the States, pub-
lic securities were sold at a discount of seventeen shillings in the pound. In
private traaaactions, a great deg^ree of distrust, also, prevailed. The boAds
of debtors, of unquestioned solvency, were sold at fifty per cent, reduction ;
real estate was scarce vendible, and few articles could be sold for ready .
money, unless at a ruinous loss.
VIII. Much of the evils of this condition might have been readily re-
moved, by an efficient general government, which could call forth and direct
the w^th and energies of the people. But no such power could be derived
from the loose articles of confederation, which had been, afler much delay •
and reluctance, on the part of the States, finally adopted in 1781. These
articles were laid before the Assembly of New Jersey, on the 4th of Decem-
ber, 1777. No action yas had upon them during the then session, nor
until the 15th of June, 1778,' when the joint committee reported them, with
simdry propositions of amendment: — 1. That the delegates in Congress
• New Jersey provided for the payment of the interest, and for the final redemption
oCher domestic debt, by taxation.
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82e HISTOBY OF NEW JERSEY.
atiould take-iin oUigatioo to pursue the interests of the confederation, and»
particularly, to assent to no measure which might violate it; 2. ThcU the
•ole and exclusive power of regulating the trade of the United States with
foreign nations, should be vested in Conffress; and the revenue arising from
the customs, should be appropriated to Die establishment of a navy, and to
other public and general purposes; 3. That no body of troops should be
kept up by the United States in time of peace, except by the assent of nine
States; 4. That the quotas of aids and supplies from the several States
should be settled every five years ; 5. That the boundaries of the several
States should be fully and finally established, as soon as practicable within
five years; 6. That the vacant crown lands should be deemed the spoil»of
the war, to be applied for the general benefit; and that whilst the jurisdiction
of the several States was preserved with chartered or determined limits, the
vacant lands should be vested in Congress, in trust for the United States;
7< That the requisitions on the several States for land forces, should be ap-
portioned to the whole of the respective population, and not to the number
of whhe inliabitants only ; 8. Hiat for equitably ascertaining the quota of
troops of each State, a census of the inhabitants should be taken every five
years; 9, and lastly. That the provision which required the assent of nine
out of thirteen States, in certain cases, should be so modified, that the pro>
portion should be preserved upon an increase of the number of Slates.
Although the inconvenience of amending the articles of confederation, may
have prevented the incorporation of these propositions, it is obvious that the
statesmen of New Jersey had foreseen and supplied the omission of many
principles which were essential to the welfare, nay, the existence of tli^
Union. At various times she enforced the propriety of the general r^ula-
tion of trade, and of making the crown lands a common fund; and, finally,
all her suggestions were adopted in the establishment of the Union. On the
14th of November, 1778, the Assembly, reasserting the propriety and expe-
diency of their propositions, which they forebore to press, on account of the
urgency of the case, and in the hope that the States would, in due time, re-
move the existing inequality, adopted the articles of confederation. And on
the 20th, a law authorized their delegates in Congress, to subscribe tlism.
IX. The utter inefficiency of the articles of confederation, became appa-
rent almost as soon as they were adopted, and was most conclusively exem-
plified, in the failure of the earnest endeavour to provide for the public debt,
made in 1768. Two parties, as we have elsewhere observed, b^an to per-
Yad(^ the Union. One contemplated America as a nation, and laboured in-
cessantly to invest the federal head with powers competent to the preserva-
tioi^ of the Union. The other, attached to the State authorities, viewed all
the powers of Congress with jealousy, and assented, reluctantly, to measures
which tended to render thVB independent of the States. Sensible that the
cbavacter of the government would be determined by the measures which
should immediately follow the treaty of peace, gentlemen of distinguished
political acquirements, among whom were some conspicuous ofiicers of the
late army, sought a place in the Congress of 1788. They procured the
assent of the House, to a system, the best that circumstances would admit,
to restore and support public credit, and to obtain from the States substantial
means for the funding the whole debt of the natioD. They proposed that
adequate funds should be raised by duties on imports, and by internal taxes,
for the immediate payment of the interest, and gradual extinction of the
principal; and that the quotas of the several States, should be deto r n s itt ad,
not by the value of the located lands, but by the extent of its popolatloD. It
was proposed, also, as an amendment to the 8th article of the coniederatiDn,
that the taxes for the use of the continent, should be levied, separately, froQi
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HISTORY OF NEW JERSEY. ^3«7
other taxes, and paid directly intd tba national treadory, and that the (xd^
lectors should be mibject and responAle to Congress* To prevent the pre-
ference in payment, for part of the debt^ which might result from a partial
adoption of the system, it was declared, that no part of the revenue system
should take effect, until the whole had been adopted by all the States ; after
which, the grant was to be irrevocable, except by the concurrence of the
whole, or by a majority of the United States in Congress assembled. But to
remove the jealousy which obstructed the grant of power, to collect an inde-
finite sum for an indefinite time, the proposition was modified, so that the
grant was to be limited to twenty-five years, to be strictly appropriated to
th» debt contracted on account of the war, and collected by persons appoint-
ed by the respective States. These resolutions were adopted on the 18th of*
April, 1783 ; and a committee, consisting of Mr. Madison, Mr. Hamilton, an^
Mr. Ellsworth, was appointed to recommend them by an address to the
people, and Washington, himself9^ joined in this object, by a cu-cular addr^s- '
ed to the governors of the States, respectively.*
While the fate of these measures remained undecided, requisitions for the
intermediate supply of the national demands, were annually repeated, but ^
annually neglected. From the first of November, 1784, to the first of Ja-
nuary, 1786, there had been paid to the public treasury, only 482,397 dol-
lars. Happily, a loan had been negotiated in Holland, by Mr. Adams, aAar
the termination of the war, out of which the inters of the foreign debt had
been partly paid; but that fund was exhausted. Unable to pay the interest^'
the United States would, in the course of the succeeding year, be liable for *
the first instahnent of the principal ; and the humiliation of total failure, in
the fulfibnent of her engagements, would he accompanied with no hope of
fiiture ability. If the condition of the domestic creditors was not absolutely
hopeless, their prospect of payment was so remote, that the evidences of their .
claim were transferred at a tenth of their nominal value. In a word, in 1786,
a crisis had arrived, when the people of the United States were required to
decide, whether, by the establishment of a secure and permanent revenue,
and the maintenance of public faith, at home and abroad, they would sustain
their sank as a natioiu
In the course of the year 1786, the revenue system, proposed in April,
1788, had been adopted by every State a the Union, New York excepted.
That State had passed an act upon the subject, but influenced by its jealousy
of the Federal Government, had not vested in Congress the power of collect-
ing the duties specified in their resolutions ; but had reserved to itself the
levying of the duties according to its own laws, made the coHtelDrs answera-
ble only to the State, and the duties payable in State bills, which were U^le
to depreciation. As the assent of every State was indispensable to the suc-
cess of the plan, it was thus, wholly defeated.
New Jersey, overshadowed by her overgrown neighbours. New York and
Pennsylvania, whose capitals and whose ports, made them iinporters, not
only for themselves, but for her, had a grievance peculiarly her own-^paf •
ing the duties which those States, severally, levied upon the merchandise
she consumed. She was, therefore, induced, by the strongest ties of interest, .
to support the federative system, by which such duties, instead of being
levied by individual States for their special benefit, would be received and
expended for the general weal of the nation ; and was indignant, that the
system had been rejected by New York. Certain resolutions, expressive
of her sense, upon this and other momentous subjects, were reported to the
Assembly, by Mr. Abraham Clarke, on the 20th of February, 1786, and
*Dated June Sib, 1783.
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328^ • HISTORY OF NEW JERSEY.
afterwards embodied in inatructioiii to hm del^otes in Congress, to the fid-
lowii^ efieet.
" When the revenue system of April 18th, 1788, was passed in Congress,
we were then in hopes that our situation, between two commercial States,
would no longer operate to our detriment; and tiiat, those States, and others
in their predicament, were, at length, convinced of the selfish and palpable
injustice of subjecting others to their exactions, and then applying those ex-
actions to the augmentation of their respective private revenues.**
" The same contracted and destructive policy, that has long subsisted, still
continues; and as we are convinced, that neither the public credit can be
supported, the public debts paid, or the existence of the Union maintained,
' without the impost revenue, in some beneficial effective manner, it has be-
come our duty to instruct yout to vote against each and every ordinance, re-
solution, or proceeding, whatever, which shall produce any expense to New
Jersey, for the promotion or security of the commerce of these States, or
any of them, from which neither the Union, in general, nor this State, in
particular, derives any advantage, until all the States shall, efibctually, and
substantially, adopt and carry into execution, the impost above mentioned.
You will see, by the representation of this State, June 25th, 1778, that the
Legislature have, uniformly, held the same justice of sentiment, respecting
the vacant or crown lands ; relative to which, you are instructed — to vote
against every proceeding, which shall tend to charge this State with any
expense for acquiring, gaining possession of, or defending such territory,
claimed by, or which is to accrue to, the exclusive benefit of any particular
State or States, and not the Union at large."
** The Legislature has beheldy with much concern, gratuitous advances oi
money and partial payments, made by Congress, to importuning creditors
and others, not regulated by any general and equal system, which not only
impoverish the treasury, but produce discontents, and fiimish bad precedents.
You are, therefore, instructed not to assent to any such payments, or to the
payment of any particular debts, other than foreign loans, in preference to
others of a like nature, whereby a discrimination of creditors may take place.
It were well if the public could pay all, promptly, but as that is impractica-
ble, it is absolutely necessary, to act upon settled uniform plans, in paying
as far as the revenue can extend."
The Assembly, also, resolved, for these reasons, " that they could not,
consistently wilh the duty they owed to their constituents, comply with the
requisition of Congress of the 27th of September, 1786, or any other of a
similar naturae requiring specie contributions, until all the States in the
Union should comply with the requisition of April, 1783, or at least, until
the' several States, having the advantage of commerce, which they now enjoy,
solely from the joint exertions of the United States, shall forbear exacting
duties upon merchandjee, for the particular benefit of their respective States,
thereby drawing revenues from other States, whose local situation and cir-
cumstances, would not admit their enjoying similar advantages firom com-
merce."
This resolution proved so embarrassing to Congress, that a committee was
impointed firom that body, personally, to remonstrate with the Legislature o€
New Jersey, and to endeavour to procure its repeal. Whereupon, the
House resolved, that "being willing to remove, as fer as in their power,
every embarrassment, from 3ie councils of the Union, and that the failure of
supplies firom temporary demands, though clearly evinced from experience,
may not be imputed to the State of New Jersey, only, the resolution of the
twentieth of February, should be rescinded." Thus disappointed in procuring
an equalization of the customs, the State, firom the many petitions uppn this
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fflSTORY OF NEW JERSEY. Bt9
subject, seems to have prepared itself Ibr the establishment of a tariff of
duties, upon all goods imported from die adjacent States. A measure which
could have resulted only in awakening dangerous feuds with her neighbours,
and in the greater oppression of her own citizens.
X. To relieve the pecuniary distress which weighed upon this State, in
conimcMi with the rest of the Union, the Legislature tesorted to the old expe-
dient of issuing faJUs'of credit, and lending them upon mortgage, through
losn offices, established in the several counties. A bill for strildng and
making cuirent, one hundred thousand pounds, was passed by the Assem-
bly, in Maich, 1786, but was rejected in Council. The cries of the people,
however, were too general and loud, to be thus disr^arded; and a special
sessicm of the L^i^iature was holden on the 17th of May, following, when
the bill pa^ed bodi Houses.
XI. To increase the gloom which hung over the Union, difficulties had
arisen relative to the execution of the treaty with Great Britain, which had
been broken by both parties. The British had not delivered up, nor paid for,
the slaves of the southern planters, nor surrendered the military posts upon
the borders. Nor had the United States complied with the 4th, 5th, and 6th
articles, containing agreements respecting the payment of private debts, due
the BritiBh merchants, the confiscation of property, and the prosecution of
individuals, for the part taken by them, during the war. Complaints were
also, made, of British encroachments on the territory of the United States,
firom the eastern frontier. But the cause of the greatest disquiet, was the
rigorous commerdal system, pursued by Grreat Britain. To settle these
vexatious questions, Mr. Jolm Adams was, in February, 1765, appointed
plenipotentiary of the United States to the British court. His efforts to give
redprocity and stability to the commercial relations, between the two ooun-
tries, were unavailing ; the cabinet of London declining n^otiation with a
government, which was unable to secure the observance of any general re-
gulation, and to make the obligations of a treaty reciprocal.
XJL All these circunstances rendered a modification of the compact be-
tween the States, not only desirable, but inevitable, if their union was to be
preserved. The immediate measures leading to a change, commenced in
Virginia. On the 21st c^ January, 1786, a resolution was adopted in the
Legislature of that State, appcMntmg commissioners ^ to meet such as might
be appointed by the other States in the Union, at a time and place to be
agreed on, to take into consideration the trade of the United States; to ex-
amine the relative situation and trade of the said States ; to consider how far
a uniform system in their coRHnercial relations may be necessary to their
common interests, and their present harmony, and to report to the several
Stales, such an act, relative to this great object, as when unanimously rati-
fied by them, will enable the United States, in Congress assembled, efiectu-
ally, to provide for the same." In the circular letter transmitting these
reeolutions to the respective States, Annapolis, in Maryland, was proposed
as the place, and the ensuing Sq>tember as the time, of meting.
This resolution was submitted to the Legislature of New Jersey, on the
14th of March, 1786, and concurred in, a few days after. On the 21st, in
joint meeting, Messrs. Abraham Clarke, William C. Houst(»i, and James
Schureman, were appointed delegates to the convention at Annapolis.
But five States,* only, were represented, on this important occasion. The
delegates having appointed Mr. John Dickinson their chairman, proceeded to
discuss the olijects of their convention; when they soon perceived, that more
ample powers were requisite to effect their contemplated purpose. They
* 'S%w Torii, Nsw Jersey, Penosjrlvaais, DsUwus, and MtiyluMl.
2T
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880 fflSTORY OF NEW JERSEY.
roee, therefore, without coming to «ny resoIutioD, save that of recommeDd-
ing, to the several States, tl^ neceatky of extenduig the revision of the
federal system, to all its defects, and the appointment of deputies for that
purpose, to meet in convention, in the city of Philadelphia, on the second day
of the ensuing May.
This proposition was variously received, in accordance with the temper of
the several parties in the Union. Those who sought the energetic govern-
ment of monarchy, and those who earnestly desired to break up the old oon-
federation, believed, that the public afiairs had not yet reached their worst
stale— that state which would compel a change; and, therefore, they looked
coldly upon it. Others deemed the mode of calling the convention, irr^ular ;
whilst others objected to it, because it gave no authority to the plan, which
should be devised. But its most active opponents were the devotees of state
sovereignty, who deprecated any considerable augmentaticm of federal power.
The ultimate decision of the States, in favour of the proposition, is supposed
to have been produced, by the commotions which at that time agitated all
New England, and particularly Massachusetts. Congress was restrained
from giving its sanction to the measure, by an apprehension, that their action
upon it would impede, rather than promote, it. From this fear, they were
relieved by the Legislature of New York, which, by a majority of one voice>
only, instructed its delegation to move in Congress, a resolution, reconunend-
ing to the several States, to appoint deputies to meet in convention, for the
purpose of revising, and proposing amendments to, the federal constitutioa.
On the 21st of February, 1787, the day succeeding the instructions given by
New York, Congress resolved it ^' to be expedient, that on the second Mon-
day in May next, a convention of delegates, who shall have been i4>pointed
by the several States, be held at Philadelphia, for the sole and express pur-
pose of revising the artk^les of confederation, and reporting to Congress, and
the several L^islatures, such alterations and provisions, therein, as shall,
when agreed to, in Congress, and confinned by the States, render the federal
constitution adequate to the exigencies of government, and the preservation
of the Union."
On the 24th of November, 1786, New Jersey had approved the measure,
and nominated David Brearley, William C. Houston, William P^erson, and
John Neilson, commissioners on her part; to whom she afterwards added,
Gtovemor Livingston, and Abraham Clark, on the 19th of May, 1787,
(omitting the name of Mr. Nielson,) and Jonathan Dayton, on the 7th of
June.
XIII. The representatives of twelve States convened at the time and place
appointed; Rhode Island, alone, having refused to send dq)uties. Havmg,
unanimously, chosen General Washington their president, they proceeded
with closed doors, to discuss the interesting subject submitted to them. Upon
the great principles of the system, not much contrariety of opinion is under-
stood to have prevailed; but the various and intricate modifications of those
principles, presented much difficulty. More than once, there was reason to
fear, that the convention would rise without effecting the object for which it
was formed. Happily, the advantages of the Union triumphed over local
interests. And at length, on the 17th of September, the constitution of the
United States of America, was given to the world.
Although earnestly devoted to the establishment of a strong and permanent
government for the Union, New Jersey was anxious to preserve the original
equality of the States, which had given to each, in Congress, before and after
tte adoption of the articles of confederation, a voice alike potential. The
pretension was unjust, considering the United States as composed of c»ie
people, but had a colour of propriety when they were viewed as a conf«de-
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fflSTORY OF NEW JEBBEY. S31
Tation of independent States. The " New Jersey plan," as it was termed^
was proposed by Mr. Patterson, and sustained by tbe delegates of New Jersey,
Connecticut, Delaware, and in part of Maryland. To its introduction we,
probably, owe that provision of the constitution of the United States, which
gave from the several States, an equal representation in the Senate.*
*nie convention directed the result of their labours to be laid before Con-
gress ; and that it should afterwards be submitted to a convention of dele-
gates, chosen in each State by the people, thereof, under the recommendation
of its Legislature, for their assent and ratification ; and that so soon as the
conventions of nine States should have ratified it, it should be earned into
operation by Congress, in a mode prescribed.
When submittSi to the people, the merits of this conslituticm were fully
and rigorously discussed, not only in the several conventions, but in the
periodical papers of the day. The federal, and the State-right parties, which
divided the country, maintained their views with equal zeal ; but the first,
after an arduous stru^le, prevailed. In producing this result, Messrs.
Madison, Jay, and Hamilton, were among the most efficient and distinguish-
ed agents, and their essays under the title of the Federalist, form a valua-
ble treatise on government, which must continue to be the text book for, at
least, the statesmen c^ North America.
So balanced were the parties in some of the States, that* even after the
constitution had been long discussed, its fate could scarcely be conjectured ;
and so small in many instances, was the majority in its favour, as to a^rd
ground to believe, that had the influence of character been removed, the
merits of the instrument would not have secured its adoption. And in some
of the adopting States, a majority of the people are supposed to have been op-
posed to it. The commissioners of New Jersey, reported to the Assembly
the proceedings of the Convention, on the 25th (JT October, 1787. And Con-
gress having unanimously resolved, that the constitution be transmitted to
the several States, for consideration, the House, unanimously, on the 29th of
Ckstober, recommended, such inhabitants of the State as were entitled to vote
for representatives in the General Assembly, to elect on the fourth Tuesday
of November, from each county, three delegates to a convention, to meet at
Trenton, on the second Tuesday of December, to consider, and if f4}proyed,
to ratify, the constitution.
The State Convention met on the 11th of December, 1787, and chose
John Stephens, president, and Samuel Witham Stockton, secretan^. After
establishing rules for its government, it resolved, " that the federal constitu-
* The plan of Mr. Patterson contemplated the amendment of the articles of confede-
ration — ay vesting in Congress power — To raise a revenue by duties on imposts,
stamps, and postage — To regulate trade and commerce with foreign nations, and be-
tween the States; all punishments, fines, forfeitures, and penalties, to be adjudged bv
the common law judiciary of the State, in which the offence should be committed,
subject to an appeal to the judiciary of the United States — To make requisitions upon
the several States, in proportion to the whole number of inhabitants, including those
boond to servitude for a term of years, and three-fifths of slaves; and in case of non-
compliance, to direct the collection of the same — To elect a Federal Executive to con-
sist of severaJ persons, paid by Congress, having power to appoint all Federal officers,
&e. — ^To establish a Federal Judiciary, consisting of a supreme tribunal, appointed by
the Executive, during good behaviour, to have original jurisdiction in case of im-
peachment, and appellate jurisdiction in cases rebting to . ambassadors, captures,
piracy and felony on the sea — To impose an oath of fi^litv, &c. on all officers — To
make the Federal laws and treaties the supreme laws of the land, and to call forth the
military powers of the confederated States, to enforce such laws — To provide for the
admission of new States into the Union — To provide for deciding upon all disputes
between the United States and an individual State, respecting territory— To make a
uniform rule of naturalization, &c. &c.
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332 HI890RY OP NEW JERSEY.
tioQ be read, by sections, and that, as so read, every member make his obser*
vations thereon; that after debating such section, the question be taken,
whether further debate be had thereon; and if determined in the negsdve,
that the convention proceed in like manner to the next section, until the
whole be ffone through; upon which the general question shall be taken,
Whether the Convention in the name, and on behalf of the people of this
State, do ratify and confirm the said constitution^' And on Tuesday, the
18th of December, the constitution was, unanimously, adopted, without a sin-
gle amendment. On the 19th, the members of the Conventkn went in
solemn procession, to the Court House, where the ratification was publicly
read to the people,*
The twelve articles of amendment, which were proposed and adopted, at
the first session of the first Congress, were ratified by this State, by an act
passed on the 20th of November, 17S9. That the happiness of all the citi-
zens of the United States has been promoted and secured, b^ the Federal
Constitution, admits not of doubt. But, to New Jersey, especially, that in-
strument brought peace, protection and prosperity. Condemned, by circum-
stances, which she could not control, to abandon all proqiect of foreign com-
meroe, she would have been dependant upon New York oa the east, and
Pennsylvania on the west, for her supplies of foreign merchandise. For so
▼aluaUe a ci&tomer, those States would, probably, have contended between
themselves ; and the inltolntants on the shores of the Ddaware and its tribu-
taries, would have made common interest with Philadelphia, whilst those qn
the.banks of the Hudson and the sea coast, would have been oontroUed by
the merchants of New York. Less causes have divided States, have given
birth to civil wars, followed by the subjection of the country. New Jersey
mi§^t have become the prize fi>r which her great neighbours would have re-
sorted to arms; and her greatest happiness might have been, to be cQn<pieied
by the strongest.
From the dread of these evils, the Unk>n has, happily, ddivered her, and
left her at perfect liberty to pursue, with unerring certainty, the wel&ie of
her citizens. Debarred from foreign commerce, she has turned her pro-
videnoe to agriculture and manufiictures* For the first, the diversity of her
soUs is admirably adapted. For the second, her mines and her streams have
fitly prepared her. From both, she has continued to derive, abundantly,
morals, wealth, and happiness. Since the adoption of the Federal Constitu-
ti<», few subjects of hisiorical interest have occurred, — public business has
flowed in a silent and tranquil stream, and individual prosperity has been on-
interrupted. The fondest wish of the patriot heart, must be, that the Umon,
the Federal Constitution, and the weal of the State, which are inseparable,
may, also, be perpetual.
* Nsw Jeney mm the third State to ratify the eonatitatioa, being preeeded only
by Delaware, on the 7th, and Pennejlvania, on the 19th, of December.
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APPEJTDIX.
NOTE A.— Page 6.
The Hadson and Delaware riven have b#en known under varioos names, by th#
aborigines and the whites. Thos, the Hadson was called Manahatta, horn an In-
dian nation near its month. Makaktmeghtae, or Mohican-idttucky and Mohegatty from
the Mohicans; 3kaUemuck, perhaps a corruption of the preceding; and Coketaia, by
the Iroquois. The Dutch and English termed it the North, to distingaish it from
the Delaware, or South river. The Dutch also called it Mauritius river, in honour
of Prince Maurice. The Spaniards are supposed to have called it Riciere de M<m-
tagnesy from the Highlands through which it passes.
The Delaware, among the natives, was known as the PotUaxaty Mart8quet9n,
MakeriskUton, and Makerisk-kiskonj and Lenape-wihiUuck, stream of the Lenape.
By the Dutch it was called Zuydt, or South, Nassau, Prince Kendriek's, or Charles'
nv«r; and by the English, the Delaware. The derivation of the last name is
doablfnl. Campanius says it waa so named, from Mobs. De la Warre, a captain
under Chartier ; and that it was discovered in 1600; whilst Stith informs us, that
Thomas West, Lord Delaware, discovered and gave it his name, in 1610, and that
be died opposite its mouth, on a second voyage to Virginia, In 1618. In Heylin's
Cosmography, originally written in 1648, but continued by Edward Bohun to 1703,
this river is called Arasapka.
NOTE B.— Page 18.
The desoriptton given by Plantagenet, was doubtless very enticing, and it would
seem that the Country had been pretty well explored, since he speaks iamiliarly of
'^ iron stone, and by it, waters and fklls, to drive iron-works, in an uninhabited de-
sert." He speaks also, of lions, for which probably the panthers were taken. On re-
ligious subjects, the views of the projectors were liberal for the age, since there was
to be '^ no persecution to any dissenting; and to all such, as to the Walloons, in
Holland, free chapels; and to punish all as seditious, and for contempt, as bitter itdl,
and condemn others of the contrary."
NOTE C— Page 84.
There is a singular pleasure in contrasting the order and moral beauty which has
arisen from the chaotic materials of primitive Quakerism. To the philosophic mind,
the dependence on the divim Ugkt wiikin^ as the guide of moral action, is little else
than an abandonment of the understanding to every capricious impulse, and *< wind
of doctrine." Intense xeal has but two modes of expending itself— by action
upon others, or upon ourselves. In the first case, its fruits are, commonly, active
force and oppression, of which the history of every sect, is but tooifull. of ex-
ample ; and in the second, it is passive resistance, whose reaction is equal to any
power that (SkXk be brought to bear upon it. But this species of force requires the
homogeneity and condensation of the parts of the suffering body. These were given
by the establishment of the '' discipline" of the Quakers, providing practical rules
of action for Hfe, and requiring the assent of a large portion of the society, to all
public demonstrations of its faith and doctrines; whilst, at the same time, watchfuf
guardians observed and regulated, by timely monition, the walking of the brethren.
In these causes, of which the peculiarity of garb, the Quaker unUTorm, is but part,
lay the strength of the society. The persecution it sustained, was an exterior force
aiding its integrity and preservation, and without which, it is possible, the society
cannot resist Uie oentrif^igal power of the htwairi divine Ugkt. For, when that
ceased, a disintegration commenced, which ha| already produced a broad separatloci
of the parts, and may ultimately resolve the whole body into primitive monads.
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884 APPENDIX.
From tbe writings of modem historians, and apologista of Quakeriim, we might
suppose, that none of the Quakers, who were imprisoned by the magistrates, at this
period, had been accused of aught but the profession of their peculiar doctrines, or
attendance at their peculiar places of worship. But very different causes of their
imprisonment, have been transmitted to us, even by the sufferers themselves, and
which leave it questionable whether the greatest wrong they sustained, was not the
committal to the gaol, instead of the lunatic hospital. These sectarians, who have
always professed and inculcated the maxims of inviolable peace, who not many
years after tkeir association, were accounted philosophical deists, seeking to pave
the way to a scheme of natural religion, by allegorizing the distinguishing articles
of the Christian faith, and who are, now, in general, remarkable for calm benevo-
lence, and peculiar remoteneae from active efforts to make proselytes, were, in their
infancy, the most impetuous zealots, and inveterate disputers. In their eagerness
to convict the world, and to bear witness from the fountain of oracular testimony,
which they supposed to reside within them, against a regular ministry, which they
called a priesthood of Baal, and against the sacraments, which they termed carnal
and idolatrous observances, many committed the most revolting blasphemy, inde-
cency, and disorderly outrage.
We refer our readers, on this subject, to Setoal's History, Howell's State Trials,
vol. V. p. 801 — vol. vi. p. 998 ; Hume's History of England, vol. vii. p. 886 ; Besse's
'< Collection of the Sufferings of the People called Quakers;*' Fox's Journal, &c.
NOTE D— Page 87.
The being a party to this agreement, constitution, or concessions, confers an
honour upon a descendant, of which many inhabitants of New Jersey may now just-
ly boast. The names of the signers, one hundred and fifty in number, may be found
in the Appendix to Smith's History, page 688, and Leaming and Spicer's Collec-
tion, page 409.
NOTE E.—Page 88.
Thomas Hutchinson, of Beverley ; Thomas Pierson, of Bonwicke, yeoman ; Jo-
seph Helmsly, of Great Kelke, yeoman; Creorge Hutchinson, of Sheffield, distiller;
and Mahlon Stacy, of Hansworth, tanner ; all of the county of York, were principal
creditors of E. BylUnge, to whom several of the other creditors made assignments of
their debts, which together amounted to the sum of X2450 sterling, and who took
in satisfaction, seven full, equal and undivided ninetieth parts of ninety equal and
undivided hundred parts of West. Jersey; and the same was conveyed to them,
their heirs and assigns, by William Penn, Gawen Lawrie, Nicholas Lucas, and E.
Byllinge, by deed, bearing date, the first of the month called March, 1676: And by
another conveyance of the same date, from and to the same persons, in satisfaction
for otker debts, to the amoant of £1050 sterling, three other full, equal and un-
divided ninetieth parts of the aforesaid ninety equal and undivided hundred parts of
West Jersey, were also conveyed. — Smith's Hist. Jfeto Jersey, p. 92, ».
NOTE F.— Page 89.
Among these first settlers of Burlington, were Thomas Olive, Daniel Wills, Wil-
liam Peachy, William Clayton, John Crips, Thomas Eves, Thomas Harding, Thomas
Nositer, Thomas Farnworth, Morgan Drewet, William Pennton, Henry Jennings,
William Sibes, Samuel Lovett, John Woolston, William Woodmaney, Christopher
Saunders, and Robert Powell. John Wilkinson and William Peikins were with
their families, passengers, but dying on the voyage, the latter were duly protected,
and aided by their fellow passengers. Perkins became a Quaker, early in life, and
lived well in Leicestershire; but, in the fifty-second year of his age, was induced,
by a favourable account of New Jersey, written by Richard Hartshorne, to embark
with his wife, four children, and some servants. Among the last, was one Mar-
shall, a carpenter, whose services were most useful in setting up the habitations of
the new comers.
NOTE G.— Page 40.
In the Willing Mind come James NeviU, Henry Salter, George Deacon, and other
iamilies; in the Marthay Thomas )Vright, William Goforth, John Lynami Edward
Season, William Black, Richard Dungworth, George Miles, William Wood, Thomas
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APPENDIX. 835
Sohooley, Richard Harriaon, TlK>maa Hooten, Samuel Taylor, Marmadnke Horse-
man, William Ozley, William Lex, Nathaniel Luke, the famiUes of Robert Stsey,
and Samnel Odas, and Thomas Ellis, and John Barts, servants sent by George
Hutchinson. Letters from the first emigrants, from John Cripps, Thomas Hooien,
William Clark, and others, to their friends in England, descriptive of the richness
and capabilities of the soil, abundance of game and fruits, temperature of the
elimate, excellence of the water, and kindness of the aborigines, induced man^ to
emigrate. In The Skidd, came William Emley, the second time, with his wife, two
children, one bom by the way, two men, and two women servants ; Mahlon Stacy,
his wife, children, and several servants, men and women; Thomas Lambert, his wife^
children, and several men and women servants } John Lambert and servant; Thomas
Revell, his wife, children, and servants; Godfrey Hancock, his wife, children, and
servants; Thomas Potts, his wife, and children; John Wood and four children;
Thomas Wood, wife, and children; Robert Murfin, his wife, and two children;
Robert Schooley, his wife, and children; James Pharo, wife, and children; Susan-
nah Farnsworth, her children, and two servants; Richard Tattersal, his wife, and
children; Gt>dfrey Newbold, John Dewsbury; Richard Green, Peter and John
Fretwell; John Newbold; one Barns, a merchant from Hull, Francis Barwick,
George Paiks, George Hill, John Heyres, and several more.
In the ship from London, 1678, catne John Denn, Thomas Kent, John Hollins-
head, with their families; William Hewliugs, Abraham Hewlings, Jonathan Eld-
ridge, John Petty, Thomas Kirby, with others: the first of these settled about Salem,
the rest at Burlington. About this time, and a few years afterwards, arrived at
Burlington, the following settlers from England, viz. John Butcher, Henry Grubb,
William Butcher, William Brightwin, Thomas Gardner, John Budd, John Bourten,
Seth Smith, Walter Pumphrey, Thomas Ellis, James Satterthwaite, Richard Arnold,
John Woolman, John Stacy, Thomas Eves, Benjamin Dufield, John Payne, Samuel
Clefl, William Cooper, John Shinn, William Biles, John Skein, John Warrel, An-
thony Morris, Samuel Bunting, Charles Read, Francis Collins, Thomas Mathews,
Christopher Wetherill, John Dewsbury, John Day, Richard Basnett, John Antrem,
William Blddle, Samuel Furnace, John Ladd, Thomas Raper, Roger Huggins, and
Thomas Wood.
About this time also, arrived John Kinsey. His father, one of the commissioners,
dying on his arrival, the charge of the family fell upon him. He and his son be-
came much distinguished in the province, holding many public stations. Tlie latter
died chief justice of Pennsylvania.
NOTE H.— Page 43.
The names of this Assembly and Council, and the forms of their engagements,
may be seen in Leaming and Spicer's Collection of Grants, &e, p. 456.
NOTE I.— Page 46. *
We purposed to reprint here, the act relating to the Confession of Faith ; but our
space does not permit it. It will be found in Leaming and Spicer's Collection,
p. 548.
NOTE K.— Page 48.
The salary of the Governor was, generally, fifly pounds a year, paid in country
produce, at prices fixed by law, and sometimes, fouc shillings a day besides, to defray
the charges while a session was held : the wages of the Council and Assembly, during
the sitting in legislation, was, to each member, three shillings a day : the rates forpul^
lie charges, were levied at two shillings a beaid, for every male above fourteen years.
In 1668 the council consisted of six, viz. Nicholas Verlet, Robert Bond, Robert
VanquelHn, Daniel Price, Samuel Edsall, and William Pardon ; the Asseipbly of
twelve, viz. Casper Steenmets, Baltazar Bayard for Bergen, John Ogden, senior,
John Brackett for Elizabethtown, Robert Treat and Samuel Swame for Newark,
John Bishop and Robert Dennis for Woodbridge, James Grover and John Bound
for MiddletowD and Shrewsbury.
NOTE L.— Page 51.
It is not difficult to understand how a friendly intercourse originated between
the leading persons among the Quakers, and Chariss H- and his brother. The
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Quakers desired to avail themselves of the authority of the King, tor the establish*
Bient of a general toleration, and for their own especial defbnoe against the eoanty
and dislike of their numerous adversaries. The King and his brother regftrded,
with great benevolence, the principles of non-resistance, professed by Friends, and
found in them, the only class of Protestants, who c^old be rendered instrumental to
their design of re-establishing Popery, by the preparatory measure of general icde-
ratlon. But how the friendly relation thus created, between the royal brothers, and
such men as Penn and Barclay, should have continued to exist, uninterrupted by
all the tyranny and treachery which the reigns of these princes diselosed, is a diffi-
culty which their contemporaries were unable to solve, otherwise than by consider-
ing the Quakers, as at bottom, the votaries of Popery and arbitrary power. The
more modem and juster, as well as more charitable eensure is, that d[iey were dupe*
of kingly courtesy, crail, and dissimalstion. They endeavodred to make an instru-
ment of the King ; while he permitted them to flatter themselves with this hope, that
he might avail himself of their instrumentality, for the aceomplishment of his own
designs. — €hrakame*8 Col. Hist.
NOTE M.— Page 61.
By recurring to the letters of Rudyard, irst deputy -governor of East Jersey,
Samuel Groome, surveyor, Lawrie, deputy-governor, John Barclay, and Arthur
Forbes, to the proprietaries in London, the reader will perceive how strong and
fiivourable were the impressions on the minds of the first settlers, in relation to the
country. See Smithes Hist. New Jersey, from page 168 to 188.
NOTE N.— Page 65.
The counsellors named in the instructions were Edward Hunlake, Lewis Morris,
Andrew Bowne, Samuel Jennings, Thomas Revel, Francis Davenport, William
Pinhome, Samuel Leonard, George Deacon, Samuel Walker, Daniel Leeds, Wil-
liam Sanford, and Robert Quarry. Quarry was said to be of the council of five
governments at one time; y'n. New ToriL, New Jersey, Pennsylvania, Maryland,
and Virginia. He died about the year 1712. — Smith, p. 231, n.
NOTE O.— Page 6«.
A dispute was long pending between the general proprietors and the inhabitanto
of Newark, relating to lands included within the bounds of three Indian purchases,
called the Mountain, the Horse Neck, and Van Gieson's. After several suits at
law and equity, the contest was referred to arbitrators, mutually chosen by the
parties, who awarded in favour of the general proprietors. Some of the defendants,
dissatisfied with the award, endeavoured to excite the others to further contest,
gave evasion for the letter of Mr. Ogden, who was council for the proprietors.
His clear and satisfactory exposition of the case, most probably prevented a conti-
nuation of the controversy. We find the letter too long to be copied. It may be
seen in a small pamphlet, in the Philadelphia Library, as noted, at page 66 of th«
NOTE P.— Page 77.
The curious reMler will find at the end of vol. iv. of the printed Minutes of the
Assembly, in the Slate Library, at Trenton, a MSS. " teble of the sittings of Assem-
bly, from the surrender, in the year 1702, to the revolution, in 1776, with the names
of the fovexBors and speakers;" and also, "a list of the members of Assembly
during Urn same period.**
NOTE Q.— Page 81.
Names of the Legislative Council, in 1707, Richard Ingoldsby, lieutenant-
governor, William Pinhorne, R. Mompesson, Thomas Revell, Daniel Leeds, Daniel
Coze, Richard Townly, Robert Quarry, and William Sandford.
NOTB R.— Page 82.
This illness of Jennings proved mortal, after a year's duration. He was a aealous
minister among ** Friends;" and upon all occasions took an active part in public
afiairs, io which he was alike distinguished by ability and integrity. His warm and
sanguine temperament, wss ordinarily controlled by a sound and esperienced judg-
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APPENDIX. S37
ment ; but it Bometimef betrayed him into hasty and passionate cottduct, of which
hia treatment to Keith, the apostate Quaker, whilst on trial before the court at
Philadelphia, was a remarkable instance, and perhaps justified the charge made, by
the schismatic, that *' he was too high and imperious, in worldly courts." He was
an ardent lover of liberty, and firm and fearless in its defence. And though his
manners were stem and seyete, he was always sought by the people when impor-
tant services were required. Twenty -eight years of his life were devoted to public
employment; part of which^ in Philadelphia. In private life, says Smith, "alive
to the more generous emotions of a mind formed fb benevolence, and acts of human-
ity, he was a friend to the widow, the fatherless, and the unhappy; tender, compas-
sionate, disinterested, and with ^reat opportunities,* he left but a small estate;
abhorring oppression in every shape, his whole conduct, a will to relieve and be-
friend mankind, far above the littleness of party and sinister views. He lefl three
daughters, who intermarried with three brothers, by the name of Stevenson, whose
posterity reside in New Jersey and Pennsylvania."
Thomas Gordon, his successor, was intimately connected with the proprietaries of
East Jersey, before the surrender of the government in 1702. In 1697-8, he was
deputy-secretary, and register of the province, and one of the council; and in 1702,
on the removal of William Dockwra, j>e was appointed principal secretary. He
was several years a representative in the Assembly, after the surrender; was
treasurer for the eastern divison of the province, and distinguished in Perth Amboy
as a pious member and libenl patron of the Episcopal church. He died on the 28th
of April, 1722, aged seventy years. A tomb-stone in the grave-ymrd of St. Peter's
church, at Amboy, with a long Latin inscription, commemorates his virtues.
NOTE S.— Page 83.
The Assembly of New York adopted r^olutions, declaring, that the levying
money on her Majesty's subjects of the colony, under any pretence, without the
consent of the Gteneral Assembly, was a violation of the people's property ; and
that the freemen of the colony bad an unquestionable, perfect and entire property
in their goods and estate. We recognise here, the principles which subsequently
led to the revolution. The Assembly, also, denounced the practice of Cornbnry, in
levying imposts on trade, and establishing fees without the sanction of law.
NOTE T.— Pa^ 86.
The members of Council named in the instructions of Governor Hunter, were
Lewis Morris, William Pinhome, George Deacon, Richard Townley, Daniel Coze,
Roger Mompesson, Peter Sonmans, Hugh Huddy, William Hall, Thomas Gordon,
Thomas Gardiner, Colonel Robert Quarry. The Queen, on the receipt of the re-
monstrance of the Assembly, appointed John Anderson, Elisba Parker, Thstnas
Byerly, John Hamilton, and John Reading; removing Pinhome, Coze, Sonnsiaiis,
and Hall.
NOTE U.— Page 94.
We give the following abstract from the minutes of the Assembly, indicative of
the spirit of the times, and exemplifying the matter which occasionally occupied
the Legislature. On the 24th of January, 1719^ the House appointed a committee
to inquire into certain printed libels, and personal abuse agaiut^t its members. One
Benjamin Johnson, of MoDmouth, had said to William Lawrence, a member from
that county, '' You Lawrence, are a pitiful pimping fellow, and have been false to
your trust in the Assembly." On the complaint of Lawrence, Johnson was ordered
into arrest by the House ; but he avoided its displeasure by absconding. A passage
in Titan Leeds' Aliaanae, for 1718, was voted libellous, and the author and printer
were ordered into the custody of the serge an t-at-arms. Leeds was apprehended ;
but we do not know how punished. Two pamphlet«i, one entitled, '* A further dis-
covery ef the mystery of trade, proposed by A J5," and the other, " Proposals for traffic
and commerce in JVeio Jersey ^'^ were also declared to be libellous, the books con-
demned to be burned by the common hangman, and a reward offered for the appre-
hension of the authors. William Sandford and l^homas Buskirk, Esq. of Bergen
county, were arrested on the speaker's warrant, for having reported, that iVIr. Philip
Schuyler, a member of the House, " had drank a health to the damnation of the go-
vernor and the justices of the peace. ' Sandford admitted and justified the declara-
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APPEKDIX.
tion; i^oduoing 4he affidavit of the eoaroiMr of the eoanty, to th% otteriiif of the
wordt by Schayler. Sohoyler denied the words, but taid, that he had quarrelled
with ihm coroner, and had kicked him. Whereupon, the House gave the aiettber
permission to withdraw and go home, that he might procure evidsoee to disproft
the charge thus brought against him. Sandford and fiuskirk were discharged froin
custody. A copy of the affidavit was denied to Schuyler. Subsequently, the coro-
ner was required to name the persons present, when the ofiensive words were
alleged to have been^uttered. These persons having no remembranee of the words,
Bohuyler was acquitted by a solemn vote, and permitted again to take his seat. But
the prooeedings against Sandford and Buskirk were not renewed.
NOTE v.— Page ^7.
The members of council, named in the instructions of Governor Burnet, wete
Lewis Morris, Thomas Gordon, John Anderson, John Hamilton, Thomas Byerly,
David Lyell, John Parker, John Wills, John Hugg, John Johnson, junior, John
Reading, and Peter Bard.
NOTE W.— Page 106.
We refer the reader to Sparks' Life of ^vemeur Morris, for a full account ^
this family, which has been distinguished for so many years in New York and New
Jersey.
NOTE Z.—Page m.
'* It was rumoured at an early period, that Braddock had been shot by his men.
More recently, it has been stated, by one who could not be mbtaken, that in the
course of the battle, Braddock ordered the provincial troops to form a column. They,
however, adhered to the Indian mode of firing, severally, fVom the shelter of the
trees. Braddock, in his vexation, rodeL^ to a young man by the name of Fawoett,
and with his sword, rashly out h^m down. Thomas Fawoett, a brother of the killed,
soon learned his fate^ and watching his opportunity, revenged his brother's blood,
by shooting Braddock, mortaUy, through the body. Thomas Fawcett dwelt near
Laarel Hill, Pennsylvania, until above ^nety-seven years of age.*'— i^i^ister of
Pmtnsylt>ania, by S. Haiard, Jan. 2Btky 1828.
NOTE A A.— Page 140.
The following abstract from the address of Mr< Speaker Ogden to the House, ex-
hibits, strongly, the state of the public feeling. '' I am so unhappy as to find, that
my conduct, which was the consequence df this opinion, formed on the most deli-
berate, im^rtial, and disinterested reasoning on the subject, has been put in an nn-
Ikvouiable light, and has made me the object of too generaJ a resentment ; I trust,
that Providence will, in due time, make the rectitade of ray heart, and my inviola-
ble aifection to my country, appear in a fair light to the world, and that my sole aim
was the happiness of New Jersey. But, as at present, there appears a great dissatis-
fketion at my conduct, that has spread even among some of my constituents, whom
I have served many years in General Assembly, to the utmost of my abilities, I beg
^ve of the House, to resign my seat in it, whereby my constituents may haTe an op-
portunity of sending another person in my 'room, who may act more agreeable to '
their present sentiments : though I am well assured, that no person can be found,
who will study their welfare more sincerely, nor pursue it with more steadineea and
ittlegrity than I have done."— Fore« of Assemhly. Mr. Stephen Crane was elected
in th^ place of Mr. Ogden.
NOTE BB.— Page 162.
The suit instituted, if any, against the treasurer, Stephen Skinner, waa never
brought to trial. He adhered to the British in the revolutionary war, and all his
property in New Jersey, was confiscated and sold for the benefit of the State.
NOTE CC— Page 164.
List of deputies in the provincial Congress, May, June, and August, 1775.
Hmsr dunlhfy John Fell, John Demarest, Hendrick Kuyper, Abraham V^n Bma^
kirk, Kdw. Merseliua. Eswtx^ Aenty Garritse, Michael Vreeland, Rob^^ Drum*
monfl, John Berry, William P. Smith, John Stiles, John Chetwood, Abrehun Clark,
ElSas Boudiaot, Isaac Ogden, Philip Van^Cortlandt, Bethuel Pierson, Caleb Caiftp.
Middh9tZj Nathaniel Heard, William Smith, John Dunn, John Lloyd, AtarUh I>iiii-
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APPENDIX.
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ham, John 8oh«niiia, John Wothorill, David WilliaABon^ Jon&d^ 8«fgeant, Jonap
than Baldwin, Jonathan Deare. Morris, William Winds, WilHam De Hart, Peter
Dickenon, Jacob Drake, £llia Cooke, Silas Condict. Somerset, HcAdrick Fisher,
John Roy, Pater Schenk, Abraham Van Neste, Enos Kelsey, Jonathan D. Sergeant,
Frederick Frelinghaysen, William Patterson, Archibald Stewart, Edward Dnmont,
William MazwMl, Ephraim Martin. Monmouth, Edward Taylor, Joseph Sahar,
Eobert Montgomery, John Holmes, John Covenhoven, Daniel Hendrickson, Nicho-
las Van Bmnt. Humterdon, Samael Tucker, John Mehelm, John Hart, John Stont,
Jasper South, Thomas Lowry, Charles Stewart, Daniel Hunt, Ralph Hart, Jacob
Jennings, Richard Stevens, John Stevens, junior, Thomas Stout, Thomas Jones,
John Basoett. Burlington, Joseph Borden, Isaac Pearson, Colin Campbell, Joseph
Read, John Pope. Oloueuter, John Cooper, Eluah Clark, John Sparks. Cumber-
Imnd, Samuel Fithian, Jonathan Elmer, Thomas £wing. Salem, Andrew Sinnick-
son, Robert Johnson, Samuel Dick, Jaoob Scoggin, James James. Cape May, Jesse
Hand.
NOTE DD.^Page 172.
List of the deputies of the provincial Congress, elected in September, 1776.
Bergen, John Demarest, Jacobus Post, Abraham Van Buskkk. Essex, Abraham
Clark, Lewis dgden, Samuel Potter, Caleb Camp, Robert Drummond. Middlesex^
John Wetherill, John Dennis, Asariah Dunham. Morris, William Winds,* William
De Hart,* Jacob Drake, Silac Condict, Ellis Cook. Somerset, Hendrick Fisher,
Cornelius Van MuUner,* Ruloffe Van Dyke. Sussex, Willisn Maxwell,* Ephraim
Martin, Thomas Potts," Abtjah Brown, Mark Thompson. Hunterdon, Samuel
Tooker, John Mehelm, John Hart, Charles Stewart. Augustine Stevenson.* Jlfim*
mouth, Edward Taylor, John Covenhoven, Joseph Holmes. Burlington, Isaac Pier-
son, John Pope, Samuel How,* John Wood, Joseph Newbold, Oloucester, John
Cooper,* Joseph Ellis, Thomas Clark,* Elijah Clark,* Richard Somars.* Salsm,
Grant Gibbon, Benjamin Holme, John Holme, Edward Keasby, John Carey. Cum*
' rlmnd, Theophilus Elmer, Jonathan Eyers. Cape May, Jesse Hand/
whose 1
rthus-maik^ id not attend this
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