In compliance with "An Act for the better preservation of the early records of the State of New Jersey," approved April 6, 1871, the Minutes of the Council of Safety, commencing with the session at Haddonfield, March 18, 1777, were printed during the year 1872. The Minutes of the Provincial Congress and of the Council of Safety of 1775 and 1776 are as important as those of 1777. To complete this part of the history of the State, this volume has been prepared. In addition to the Minutes referred to, the Proceedings of the Committees of Correspondence, the Committees of Observation, the various Town Meetings, Township and County Committees, relating to the state of the Colonies, have been collated. A meeting of the Council and General Assembly of the Colony, just prior to the first meeting of the Provincial Congress, has also been added.
Trenton, February 22, 1879.
——————————
RESOLUTIONS,
CORRESPONDENCE,
&c.,
Preliminary to the Provincial Congress and
Council of Safety.
Extract from Minutes of House of Assembly
.
Burlington, Tuesday, February 8, 1774
.
The House resumed the consideration of the several Letters and Resolutions of the other Houses of Assembly,
on the subject matter of the common Rights and Liberties of the Colonies; and the House resolved itself into a
Committee of the whole House, upon the Matters aforesaid; and after some time spent therein, Mr. Speaker
resumed the Chair, and Mr. Crane, Chairman of the Committee, (by order of the House) reported the Resolutions
of the Committee as follows, viz.
1. Resolved, That it is the opinion of this Committee,
that the House should heartily accept of the Invitation
to a mutual Correspondence and Intercourse with our
Sister Colonies ; to which the House agreed, Nemine Contradicente.
2. Resolved, That it is the opinion of this Committee,
that a Standing Committee of Correspondence and Inquiry
be appointed, to consist of the following Persons,
to wit, James Kinsey, Stephen Crane, Hendrick Fisher,
Samuel Tucker, John Wetherill, Robert Friend Price,
John Hinchman, John Mehelm and Edward Taylor,
Esquires, or any five of them, whose business it shall be
to obtain the most early and authentick Intelligence of
all Acts and Resolutions of the Parliament of Great Britain,
or the Proceedings of Administration that may have any Relation to, or may affect the Liberties and
Privileges of His Majesty's Subjects in the British Colonies
in America, and to keep up and maintain a Correspondence
and Communication with our Sister Colonies, respecting
these important Considerations; and that they
do occasionally lay their Proceedings before the House;
to which the House agreed, Neinine Contradicente.
3. Resolved, That it is the opinion of this Committee,
that the said Committee of Correspondence do write
Letters to the several Speakers of the Assemblies on the
Continent of America, inclosing these Resolutions, and
requesting them to lay the same before their respective
Assemblies; and that they do return the Thanks of the
House to the Burgesses of Virginia, for their early Attention
to the Liberties of America ; to which the House
agreed, Nemine Contradicente.
——————————
Governour Franklin to the Earl of Dartmouth,
(Extract.)
Burlington, 31st May, 1774.
Since my last I have received two circular despatches
from Mr. Pownall, dated March 10th and April 6th, enclosing
copies of his Majesty's Message to both Houses of
Parliament, relative to the late disturbances in America,
their Resolutions thereupon, and the Act of Parliament
respecting the port of Boston. The latter has been published
in the usual manner, though the people in this Colony are not concerned in carrying on any commerce
with the Province of Massachusetts Bay.
It is difficult as yet to foresee what will be the consequence
of the Boston Port Act. It seems as if the merchants
of Philadelphia and New York, at their late
meetings, were inclined to assist or co-operate with those
of Boston in some degree, but not to carry matters so far
as to enter into a general non-importation and exportation
agreement, as was proposed to them by the town of Boston.
However, I believe it may be depended upon, that
many of the merchants, on a supposition that a non-importation
agreement (so far as respects from Great
Brittain) will be certainly entered into by next autumn,
have ordered a much greater quantity of goods than
common to be sent out by the next fall ships from
England.
A Congress of Members of the several Houses of
Assembly has been proposed in order to agree upon
some measures on the present occasion, but whether this
expedient will take place it is as yet uncertain. The
Virginia Assembly, some time ago, appointed a Committee
of Correspondence to correspond with all the other
Assemblies on the Continent, which example has been
followed by every other House of Representatives. I
was in hopes that the Assembly of this Province would
not have gone into the measure; for though they met on
the 10th of November, yet they avoided taking the matter
into consideration, though frequently urged by some
of the members, until the 8th of February, and then.
I
believe they would not have gone into it, but that the
Assembly of New York had just before resolved to appoint
such a committeee, and they did not choose to
appear singular.
——————————
Extract of a letter from one of the Members of the
House of Assembly of New Jersey, and one of
the Committee of Correspondence, which consists
of nine members.
Dated June 2, 1774.
"I returned yesterday from New Brunswick, where six
of our Committee met. We answered the Boston letters,
informing them that we look on New Jersey as eventually
in the same predicament with Boston, and that we will
do everything which may be generally agreed on. We
have signed a request to the Governor to call the General
Assembly, to meet at such time as his Excellency may
think proper, before the first of August next. Our Committee
is well disposed in the cause of American freedom"
——————————
Lower Freehold, Monmouth County, Resolutions.
At a meeting of the Freeholders and Inhabitants of
the Township of Lower Freehold, in the County of Monmouth,
in New Jersey, on Monday, the 6th day of June,
1774, after notice given of the time, place, and occasion
of this meeting;
Resolved, That it is the unanimous opinion of this
meeting, that the cause in which the inhabitants of the
town of Boston are now suffering is the common cause
of the whole continent of North America, and that unless
some general spirited measures, for the public safety, be
speedily entered into, there is just reason to fear that
every Province may in turn share the same fate with
them; and that, therefore, it is highly incumbent on
them all to unite in some effectual means to obtain a repeal
of the Boston Port Bill, and any other that may
follow it, which shall be deemed subversive of the rights
and privileges of free born Americans.
And that it is also the opinion of this meeting, that, in
case it shall appear hereafter to be consistent with the
general opinion of the trading towns, and the commercial
part of our countrymen, that an entire stoppage of importation
and exportation from and to Great Britain
and the West Indies, until the said Port Bill and other
Acts be repealed, will be really conducive to the safety
and preservation of North America and her liberties,
they will yield a cheerful acquiescence in the measure,
and earnestly recommend the same to all their brethren
in this Province.
Resolved, moreover, That the inhabitants of this township
will join in an Association with the several towns
in the count}', and in conjunction with them, with the
several counties in the Province, (if, as we doubt not,
they see fit to accede to the proposal,) in any measures
that may appear best adapted to the weal and safety of
North America and all her loyal sons.
Ordered, That John Anderson, Esq., Messrs. Peter Forman,
Hendrick Smock, John Forman, and Asher Holmes,
Captain John Covenhoven and Doctor Nathaniel Scudder,
be a committee for the township, to join with those
who may be elected for the neighbouring townships or
counties, to constitute a General Committee, for any purposes
similar to those above mentioned ; and that the
gentlemen so appointed do immediately solicit a correspondence
with the adjacent towns.
——————————
Call for Essex County Meeting.
Essex County, N. J., 7th June, 1774.
All the Inhabitants of the County of Essex, in New
Jersey, friends to the Constitution, the liberties and
properties of America, are hereby notified and desired to
meet at the Court House, in Newark, on Saturday, the
11th of June, instant, at two of the clock in the afternoon,
to consult and deliberate, and firmly resolve upon
the most prudent and salutary measures to secure and
maintain the constitutional rights of his Majesty's subjects
in America. It is, therefore, hoped, that from the
importance of the subject, the meeting will be general.
Signed, by order, at a meeting of a number of the
Freeholders of the County of Essex, the 7th day of June,
1774.
|
John De Hart,
Isaac Ogden.
|
——————————
Essex County Resolutions
.
At a meeting of the Freeholders and Inhabitants of
the County of Essex, in the Province of New Jersey, at
Newark, in the said County, on Saturday, the 11th day
of June, 1774.
This meeting, taking into serious consideration some
late alarming measures adopted by the British Parliament
for depriving his Majesty's American subjects of their
undoubted and constitutional rights and principles, and
particularly the Act for blockading the port of Boston,
which appears to them pregnant with the most dangerous
consequences to all his Majesty's Dominions in America,
do unanimously resolve and agree:
:
1. That under the enjoyment of our constitutional
privileges and immunities we will ever cheerfully render
all due obedience to the Crown of Great Brittain, as well
as full faith and allegiance to his most gracious Majesty
King George the Third ; and do esteem a firm dependence
on the Mother Country essential to our political
security and happiness.
2. That the late Act of Parliament relative to Boston,
which so absolutely destroys every idea of safety and
confidence, appears to us big with the most dangerous
and alarming consequences, especially as subversive of
that very dependence which we should earnestly wish to
continue, as our best safeguard and protection ; And that
we conceive every well-wisher to Great Brittain and her
Colonies is now loudly called upon to exert his utmost
abilities in promoting every legal and prudential measure
towards obtaining a repeal of the said Act of Parliament,
and all others subversive of the undoubted rights and
liberties of his Majesty's American subjects.
3. That it is our unanimous opinion, that it would
conduce to the restoration of the liberties of America
should the Colonies enter into a joint agreement not to
purchase or use any articles of British Manufacture, and
especially any commodities imported from the East
Indies, under such restrictions as may be agreed upon by
a general Congress of the said Colonies hereafter to be
appointed.
4. That this county will most readily and cheerfully
join their brethren of the other counties in this Province,
in promoting such Congress of Deputies, to be sent from
each of the Colonies, in order to form a general plan of
union, so that the measures to be pursued for the important
ends in view may be uniform and firm; to which
plan, when concluded upon, we do agree faithfully to
adhere, and do now declare ourselves ready to send a
Committee to meet with those from the other counties, at'
such time and place, as by them may be agreed upon, in
order to elect proper persons to represent this Province
in the said general Congress.
5. That the freeholders and inhabitants of the other
counties in this Province be requested speedily to convene
themselves together, to consider the present distressing
state of our public affairs; and to correspond and
consult with such other Committees as may be appointed
as well as with our Committee, who are hereby directed
to correspond and consult with such other Committees,
as also with those of any other Province; and particularly
to meet with the said County Committees, in order
to nominate and appoint Deputies to represent this
Province in General Congress.
6. We do hereby unanimously request the following
gentlemen to accept of that trust, and accordingly do appoint
them our Committee for the purposes aforesaid, viz.;
Stephen Crane, Henry Garritse, Joseph Riggs, William
Livingston, William P. Smith, John De Hart, John Chetwood,
Isaac Ogden and Elias Boudinot, Esquires.
——————————
Extract of a Letter from Governour Franklin to the
Earl of Dartmouth.
Burlington, June 18, 1774.
My Lord:— I have just received a copy of some resolves
entered into at a meeting of a number of freeholders
and inhabitants of the county of Essex, in this
Province, on Saturday last, which I think it my duty to
transmit to your Lordship. The meeting was occasioned
it seems by an advertisement, requesting the attendance
of the inhabitants on that day, and published in one of
the New York papers, and signed by two gentlemen of
the law, who reside in that county. I have likewise had
an application made to me by some of the members of the
House of Representatives, to call a meeting of the General
Assembly in August next, with which I have not,
nor shall not comply, as there is no public business of
the Province which can make such a meeting necessary.
It seems now determined by several of the leading men,
in most, if not all the counties in this Province, to endeavor
to follow the example of the freeholders in Essex.
Meetings of this nature, there are no means of preventing,
where the chief part of the inhabitants incline to
attend them. I as yet doubt however, whether they will
agree to the general non-importation from Great Britain,
which has been recommended. Their principal aim seems
to be to bring about a Congress of Deputies from all the
Colonies, as proposed by Virginia; and that that Congress
should not only apply to his Majesty for the repeal
of the Boston Port Act, but endeavour to fall upon measures
for accommodating the present differences between
the two countries and preventing the like in future.
——————————
Bergen County Resolutions.
At a meeting of the Freeholders and Inhabitants of
the County of Bergen, in the Province of New Jersey,
convened agreeable to advertisement, at the Court House
of said County, on Saturday, the 25th of June, 1774.
Peter Zabriskie, Esquire, Chairman.
This meeting being deeply affected with the calamitous
condition of the inhabitants of Boston, in the Province
of Massachusetts Bay, in consequence of the late Act of
Parliament for blocking up the port of Boston; and considering
the alarming tendency of the Act of the British
Parliament for the purpose of raising a revenue in
America:—
Do Resolve. 1st, That they think it their greatest happiness
to live under the Government of the illustrious
House of Hanover, and that they will stedfastly and uniformly
bear true and faithful allegiance to his Majesty
King George the Third, under the enjoyment of their
constitutional rights and privileges.
2d. That we conceive it to be our indubitable privilege
to be taxed only by our own consent, given by ourselves,
or by our Representatives; and that we consider
the late Acts of Parliament, declarative of their right to
impose internal taxes on the subjects of America, as
manifest encroachments on our national rights and privileges
as British subjects, and as inconsistent with the
idea of an American Assembly or House of Representatives,
3d. That we will heartily unite with this Colony in
choosing Delegates to attend at a general Congress from
the several Provinces of America, in order to consult
on and determine some effectual method to be pursued
for obtaining a repeal of the said Acts of Parliament,
which appears to us evidently calculated to destroy that
mutual harmony and dependence between Great Britain
and her Colonies, which are the basis and support of
both.
And we do appoint Theunis Dey, John Demarest,
Peter Zabriskie. Cornelius Van Voorst and John Zabriskie,
junior. Esquires, to be a Committee for corresponding
with the Committees of the other counties in this
Province, and particularly to meet with the other County
Committees at New Brunswick, or such other place as
shall be agreed on, in order to elect Delegates to attend
the general Congress of Delegates of the American Colonies
for the purposes aforesaid.
Morris County Resolutions.
At a meeting of a respectable body of the Freeholders
and inhabitants of the County of Morris, in the Province
of East New Jersey, at the Court House in Morristown,
in the said County, on Monday, the 27th June, 1774.
Jacob Ford, Esquire, Chairman.
1st. Resolved, That George the Third is lawful and
rightful King of Great Britain and all other his Dominions
and countries, and that as part of his Dominions
it is our duty not only to render unto him true faith and
obedience, but also with our lives and fortunes to support
and maintain the just dependence of these his Colonies
upon the Crown of Great Britain.
2d. That it is our wish and desire, and we esteem it
our greatest happiness and security to be governed by
the laws of Great Britain, and that we will always cheerfully
submit to them as far as can be done, consistently
with the constitutional liberties and privileges of free
born Englishmen.
3d. That the late Acts of Parliament for imposing
taxes for the purpose of raising a revenue in America,
are oppressive and Arbitrary, calculated to disturb the
minds and alienate the affections of the Colonists from
the mother country, are replete with ruin to both, and
consequently that the authors and promoters of said
Acts, or of such doctrines of the right of taxing America
being in the Parliament of Great Britain, are, and
should be deemed enemies to our King and happy
Constitution.
4th. That it is the opinion of this meeting, that the
Act of Parliament for shutting up the Port of Boston, is
unconstitutional, injurious in its principles to the general
cause of American freedom, particularly oppressive to
the inhabitants of that town, and that, therefore, the
people of Boston are considered by us as suffering in the
general cause of America.
5th. That unanimity and firmness in the Colonies are
the most effectual means to relieve our suffering brethren
at Boston, to avert the dangers justly to be apprehended
from that alarming Act, commonly styled the Boston
Port Bill, and to secure the invaded rights and privileges
of America.
6th. That it is our opinion, that an agreement between
the Colonies not to purchase or use any articles imported
from Great Britain or from the East Indies, under such
restrictions as may be agreed upon by the general Congress
hereafter to be appointed by the Colonies, would be
of service in procuring a repeal of those Acts.
7th. That we will most cheerfully join our brethren of
the other counties in this Province in promoting an union
of the Colonies, by forming a general Congress of Deputies
to be sent from each of the Colonies, and do now
declare ourselves ready to send a Committee to meet with
those from the other counties at such time and place as
by them may be agreed upon, in order to elect proper
persons to represent this Province in the said Congress.
8th. That it is the request of this meeting that the
County Committees, when met for the purposes aforesaid,
do take into their serious consideration the propriety of
setting on foot a subscription for the benefit of the sufferers
at Boston, under the Boston Port Bill, above mentioned,
and the money arising from such subscription to
be laid out as the Committees so met shall think will best
answer the ends proposed.
9th. That we will faithfully adhere to such regulations
and restrictions as shall by the members of said Congress
be agreed upon, and judged most expedient for
avoiding the calamities, and procuring the benefits intended
in the foregoing resolves.
10. It is our request that the Committee hereafter
named, do correspond and consult with such other Committees
as shall be appointed by the other counties in
this Province, and particularly that they meet with the
said County Committee, in order to elect and appoint
Deputies to represent this Province in a general Congress.
11th. We do hereby desire the following gentlemen to
accept of that important trust, and accordingly do appoint
them our Committee for the purposes aforesaid : Jacob
Ford, William Windes, Abraham Ogden, William De
Hart, Samuel Tuthill, Jonathan Stiles, John Carle, Philip
V. Cortland and Samuel Ogden, esquires.
——————————
Hunterdon County Resolutions.
The Freeholders and Inhabitants of Hunterdon County,
in the Province of New Jersey, convened by advertisement,
at the house of John Ringo, in Amwell in said
County, on Friday, the 8th July, 1774, Samuel Tucker,
Esq., in the chair, came into the following Resolutions,
without a dissenting voice, viz.:
:
1. We do most expressly declare, recognize and acknowledge
his Majesty King George the Third to be the
lawful and rightful King of Great Britain, and of all
other his Dominions, and that it is the indispensable duty
of this Colony, under the enjoyment of our constitutional
privileges and immunities, as being a part of his Majesty's
Dominions, always to bear faithful and true allegiance
to his Majesty, and him to defend to the utmost of our
power, against all attempts upon his person, crown, and
dignity.
2. That it is the undoubted hereditary right of an
English subject to give and grant what is absolutely his
own, either by himself or his Representatives; and that
the only lawful Representatives of the freemen of this
Colony are the persons they elect to serve as members of
the General Assembly thereof.
3. That any Act of Parliament for the apprehending
and carrying persons into another Colony, or to Great
Britain, to be tried for any crime, alleged to be committed
within this Colony, or subjecting them to be tried
by Commissioners or any Court constituted by Act of
Parliament or otherwise, within this Colony, in a summary
way, without a jury of this vicinage, is unconstitutional
and subversive of the rights and liberties of the
free subjects of this Colony.
4. That it is our indispensable duty, which we owe to
our King, our country, ourselves and our posterity, by
all lawful ways and means in our power, to maintain,
defend and preserve our loyalty, rights and liberties, and
to transmit them inviolate to the latest generations; and
that it is our fixed, determined and unalterable resolution
faithfully to discharge this our bounden duty.
5. That it is our unanimous opinion, that it would
conduce to the restoration of the liberties of America
should the Colonies enter into a joint agreement not to
purchase or use any articles of British manufacture, nor
any commodities imported from the East Indies, under
such restrictions as may be agreed on by a general Congress
of Delegates from all the Colonies, hereafter to be
appointed.
6. That as the town of Boston is now suffering in the
common cause of American freedom, it is the opinion of
this meeting, that subscriptions be hereafter opened in
every town in this county, and the money subscribed to
be applied towards the relief of the suffering poor in said
town of Boston, until they may be relieved by being restored
to their just rights and privileges.
7. That this county will appoint a Committee to meet
the Committees of the several counties of this Colony, at
such time and place as may be agreed on, in order to
elect and appoint Delegates to represent this Colony at
the general Congress, whose resolutions and determinations
we will most strictly adhere to, and abide by. And
we do hereby unanimously request the following gentlemen
to accept of that trust, and do accordingly appoint
them our Committee for the purpose aforesaid, viz.:
Samuel Tucker, John Mehelm, John Hart, Isaac Smith,
Charles Coxe, Joachim Griggs, Benjamin Brearly, Abraham
Hunt and John Emley.
As we apprehend New Brunswick is not so convenient
to the members of the lower counties, and that all the
counties will hardly have sufficient time to appoint their
Committees, by the 21st of July, with submission, we
would propose Princeton, as most central, to be the place,
and Thursday, the 11th of August, the time of meeting
of the several Committees.
Thomas Shelton,
Committee Clerk.
——————————
Middlesex County Resolutions.
According to notice, which had been given to the Freeholders
and Inhabitants of the County of Middlesex, New
Jersey, a great number from every quarter of the county
met at the Court House in New Brunswick, on Friday,
the 15th day of July, 1774, at 2 o'clock, and chose John
Moores, Esq., to the Chair; but as the Court House could
not contain half the number, the meeting adjourned to
the Presbyterian Meeting House, where, after some deliberation
upon the dangerous situation of the publick
affairs in America, the meeting unanimously Resolved
as follows, viz.:
Resolve 1st, That the members of this meeting, their
fellow-subjects in this Province, and they are persuaded
the inhabitants of America in general, are firm and unshaken
in their allegiance to his Majesty King George
the Third. That they have ever demonstrated their
readiness to support his Majesty's Government over them,
and also to grant aids to his Majesty, on any emergency,
by their own Representatives, to the utmost of their
power.
2d. That all other modes of taxation in the Colonies,
by a British Parliament, under whatever name or form
attempted to be introduced, is not only arbitrary and
oppressive, but has a direct tendency to alienate the
affections of the Colonies from the parent country, to
widen the breach already made by Ministerial influence,
which it is earnestly wished may speedily be healed, and
a permanent union re-established, on a solid constitutional
foundation.
3d, That the unexampled distresses brought on the
Colony of Massachusetts Bay, particularly that of blocking
up the Port of Boston, and depriving them of all
trade and commerce, in virtue of an Act or Acts of Parliament,
is a cruel oppression, in which all the Colonies
are intimately concerned, tending by a numerous train
of consequences, to fasten on them the chains of vassalage
and slavery, or lay prostrate at the feet of an unjustly
incensed Ministry the inhabitants of this wide extended
country, who would triumph over their liberties, sport
with their lives, and claim their properties at will.
4th. We concur in the general opinion of our brethren,
that the Congress of Deputies from the several Colonies,
should present a dutiful Address to his Majesty, praying
for a general redress of the grievances complained of.
5th. We are of opinion (which we submit to be considered
in the general Congress), that a general stop of all
imports and exports of merchandises, especially to Great
Britain, by all the Colonies, is the only probable, if not
the only possible measure, to preserve the liberties of this
country, at present in such imminent danger of being
annihilated.
6th. That an immediate subscription be set on foot,
throughout this country, towards the relief of the suffering
families in the town of Boston. For which purpose
sundry gentlemen in the different townships and precincts
of the county, are named and appointed to take in
the same, and to make return of such subscriptions and
collections to James Wilson, Esq., by the 1st day of September
next, in order that such collections may be sent
to Boston as early as possible.
7th. We agree with our brethren of all the counties in
this Province, in the method of choosing Committees of
Correspondence, and also that such Committees from the
several counties do meet, at a place convenient, by them
to be agreed on, and when so met to elect proper persons
to represent this Colony in the proposed Congress, for
which purpose the following gentlemen, viz.: John
Moores, John Wetherill, John Johnson, Michael Field,
William Pecke, James Wilson, John Combs, Jun., Jonathan
Balding, William Smith, John Dennis, and Rune
Runyon, Esqs., are requested to be, and are hereby
appointed a Standing Committee of Correspondence, and
that any five of them are a sufficient number to act.
Signed by order of the meeting.
John Moores,
Chairman.
Immediately after the meeting the members of the
County Committee present met, and agreed to meet the
Committees from the other counties, at New Brunswick,
on Thursday, the 21st of July, instant.
——————————
Sussex County Resolutions.
At a meeting of a number of Freeholders and Inhabitants
of the County of Sussex, in the Province of New
Jersey, at the Court House in Newtown, in the said
county, on Saturday, the 16th of July, A. D. 1774.
Hugh Hughes, esquire, Chairman.
1st. Resolved, That it is our duty to render true and
faithful allegiance to George the Third, King of Great
Britain, and to support and maintain the just dependence
of his Colonies upon the Crown of Great Britain,
under the enjoyment of our constitutional rights and
privileges.
2d. Resolved, That it is undoubtedly our right to be
taxed only by our own consent, given by ourselves or
our Representatives; and that the late Acts of Parliament
for imposing taxes for the purpose of raising a
revenue in America, and the Act of Parliament for shutting
up the port of Boston, are oppressive, unconstitutional,
and injurious in their principles to American
freedom, and that the Bostonians are considered by us
as suffering in the general cause of America.
3d. Resolved, That it is the opinion of this meeting,
that firmness and unanimity in the Colonies, and an
agreement not to use any articles imported from Great
Britain or the East Indies (under such restrictions as
may be agreed upon by the general Congress hereafter to
be appointed by the Colonies) may be the most effectual
means of averting the dangers that are justly apprehended,
and securing the invaded rights and privileges
of America.
4th. Resolved, That we will join, with the greatest cheerfulness,
the other counties of this Province, in sending
a Committee to meet with those from the other counties,
at such time and place as they shall appoint, in order to
choose proper persons to represent this Province in a
general Congress of Deputies sent from each of the
Colonies.
5th. Resolved, That we will faithfully and strictly adhere
to such regulations and restrictions as shall be
agreed upon by the Members of said Congress, and that
shall by them be judged expedient and beneficial to the
good of the Colonies.
6th. Resolved, That the Committee hereafter named do
correspond and consult with the Committees of the other
counties in this Province and meet with them in order
to appoint Deputies to represent this Province in general
Congress.
7th. Resolved, We do appoint the following gentlemen
our Committee for the purpose above mentioned: Hugh
Hughes, Nathaniel Pettit, Thomas Van Home, Thomas
Anderson, Archibald Stewart, Abia Brown, John B. Scott,
Esquires, Messrs. E. Dunlap, Mark Thompson, W.
Maxwell.
——————————
Monmouth County Resolutions.
On Tuesday, July 19, 1774, a majority of the Committees
from the several Townships in the County of Monmouth,
of the Colony of New Jersey, met according to appointment,
at the Court House at Freehold, in said
county; and appearing to have been regularly chosen
and constituted by their respective Townships, they
unanimously agreed upon the propriety and expediency
of electing a Committee to represent the whole county at
the approaching Provincial Convention, to be held at
the City of New Brunswick, for the necessary purpose of
constituting a Delegation from this Province, to the general
Congress of the Colonies, and for all such other important
purposes as shall hereafter be found necessary.
They, at the same time, also recorded the following
Resolutions, Determinations, and Opinions, which they
wish to be transmitted to posterity, as an ample testimony
of their loyalty to his British Majesty, of their firm
attachment to the principles of the glorious Revolution,
and their fixed and unalterable purpose, by every lawful
means in their power, to maintain and defend themselves
in the possession and enjoyment of those inestimable,
civil and religious privileges which their forefathers,
at the expense of so much blood and treasure,
have established and handed down to them:
1. In the names and behalf of their constituents, the
good and loyal inhabitants of the County of Monmouth,
in the Colony of New Jersey, they do cheerfully and
publickly proclaim their unshaken allegiance to the
person and Government of his most gracious Majesty
King George the Third, now on the British Throne, and
do acknowledge themselves bound at all times, and to
the utmost exertion of their power, to maintain his dignity
and lawful sovereignty in and over all his Colonies
in America; and that it is their most fervent desire and
constant prayer that, in a Protestant succession, the
descendants of the illustrious House of Hanover, may
continue to sway the British sceptre to the latest posterity.
2. They do highly esteem and prize the happiness of
being governed, and having their liberty and property
secured to them, by so excellent a system of laws as that
of Great Britain, the best doubtless in the universe; and
they will, at all times, cheerfully obey and render every
degree of assistance in their power to the full and just
execution of them. But at the same time will, with
the greatest alacrity and resolution, oppose any unwarrantable
innovation in them, or any addition to, or alterations
in the grand system which may appear unconstitutional,
and consequently, inconsistent with the liberties
and privileges of the descendants of free born American
Britons.
3. As there has been for ages past a most happy union
and uninterrupted connection between Great Britain
and her Colonies in America, they conceive their interests
are now become so intimately blended together, and
their mutual dependence upon each other to be at this
time so delicately great, that they esteem everything
which has a tendency to alienate affection or disunite
them in any degree, highly injurious to their common
happiness, and directly calculated to produce a Revolution
likely to prove in the end destructive to both; they
do, therefore, heartily disclaim every idea of that spirit
of independence which has of late, by some of our mistaken
brethren on each side of the Atlantic, been so
groundlessly and injuriously held up to the attention of
the Nation, as having, through ambition, possessed the
breasts of the Americans. And, moreover, they devoutly
beseech the Supreme Disposer of all events, graciously to
incline the heart of our Sovereign, and all his Ministers,
to a kind and impartial investigation of the real sentiments
and disposition of his truly loyal American subjects.
4. Notwithstanding many great men and able writers
have employed their talents and pens in favour of the
newly adopted mode of taxation in America, they are
yet sensible of no convictive light being thrown upon
the subject; and, therefore, although so august a body as
that of the British Parliament is now actually endeavoring
to enforce, in a military way, the execution of some
distressing edicts upon the capital of the Massachusetts
Colony, they do freely and solemnly declare, that in conscience
they deem them, and all others that are, or even
may be, framed upon the same principles, altogether unprecedented
and unconstitutional, utterly inconsistent
with the true original intention of Magna Charta, subversive
of the just rights of free born Englishmen, agreeable
and satisfactory only to the domestick and foreign
enemies of our Nation, and consequently pregnant with
complicated ruin, and tending directly to the dissolution
and destruction of the British Empire.
5. As they, on the one hand, firmly believe that the
inhabitants of the Massachusetts Colony in general, and
those of the town of Boston in particular, are, to all
intents and purposes, as loyal subjects as any in all his
Majesty's widely extended Dominions, and on the other
that (although the present coercive and oppressive measures
against them may have taken their rise in some
part from the grossest and most cruel misrepresentation
both of their disposition and conduct) the blockade of
that town is principally designed to lead the way in an
attempt to execute a dreadful, deep-laid plan for enslaving
all America. They are, therefore, clearly of opinion,
that the Bostonians are now eminently suffering in the
common cause of American freedom, and that their fate
may probably prove decisive to this very extensive Continent,
and even to the whole British Nation; and they
do verily expect that unless some generous spirited measures
for the publick safety be speedily entered into, and
steadily prosecuted, every other Colony will soon, in turn,
feel the pernicious effects of the same detestable restrictions.
Whence they earnestly entreat every rank, denomination,
society and profession of their brethren, that,
laying aside all bigotry and every party disposition, they
do now universally concur in one generous and vigorous
effort for the encouragement and support of their suffering
friends, and in a resolute assertion of their birthright,
liberties, and privileges. In consequence of which they
may reasonably expect a speedy repeal of all the arbitrary
edicts respecting the Massachusetts Government, and at
the same time an effectual preclusion of any future
attempts of the kind from the enemies of our happy
Constitution, either upon them or any of their American
brethren.
6. In case it shall hereafter appear to be consistent with
the result of the deliberations of the general Congress,
that an interruption, or entire cessation, of commercial
intercourse with Great Britain, and even (painful as it
may be) with the West Indies, until said oppressive Acts
be repealed, and the liberties of America fully restored,
stated, and asserted, will on this deplorable emergency
be really necessary and conducive to the publick good,
they promise a ready acquiescence in the measure, and
will recommend the same as far as their influence shall
extend.
7. As a general Congress of Deputies from the several
American Colonies is proposed to be held at Philadelphia,
some time in September next, they declare their entire
approbation of the design, and think it the only rational
method of evading those aggravated evils which threaten
to involve the whole Continent in one general calamitous
catastrophe. They are therefore met this day, vested with
due authority from their respective constituents, to elect
a Committee representing this County of Monmouth in
any future necessary transactions respecting the cause of
liberty, and especially to join the Provincial Convention
soon to be held at New Brunswick, for the purpose of
nominating and constituting a number of Delegates, who,
in behalf of this Colony, may steadily attend said general
Congress, and faithfully serve the labouring cause of
freedom, and they have consequently chosen and deputed
the following gentlemen to that important trust, viz.:
Edward Taylor, John Anderson, John Taylor, James
Grover, and John Lawrence, Esquires, Doctor Nathaniel
Scudder, and Messrs. John Burrowes, John Covenhoven,
Joseph Holmes, Josiah Holmes, and Edward Williams;
Edward Taylor, Esq., being constituted Chairman, and
any five of them a sufficient number to transact business.
And they do beseech and entreat, instruct and enjoin
them, to give their voice at said Provincial Convention,
for no persons but such as they in good conscience and
from the best information shall verily believe to be amply
qualified for so interesting a department, particularly
that they be men highly approved for integrity, honesty
and uprightness, faithfully attached to his Majesty's person
and lawful Government, well skilled in the principles
of our excellent Constitution, and steady assertors of all
our civil and religious liberties.
8. As, under the present operations of the Boston Port
Bill, thousands of our respected brethren in that town
must necessarily be reduced to great distress, they feel
themselves affected with the sincerest sympathy and most
cordial commisseration; and that they expect, under
God, that the final deliverance of America will be owing,
in a great degree, to a continuance of their virtuous
struggle, they esteem themselves bound in duty and interest,
to afford them every assistance and alleviation in
their power, and they do now, in behalf of their constituents,
declare their readiness to contribute to the relief
of the suffering poor in that town ; therefore, they request
the several Committees of the counties, when met, to take
into their serious consideration the necessity and expediency
of forwarding, under a sanction from them, subscriptions
through every part of this Colony, for that truly
humane and laudable purpose; and that a proper plan be
concerted for laying out the product of such subscriptions
to the best advantage, and afterwards transmitting it to
Boston in the safest and least expensive way.
9. As we are now, by our Committees in this, in conjunction
with those of the other Colonies, about to delegate
to a number of our countrymen, a power equal to
any wherewith human nature alone was ever invested ;
and as we firmly resolve to acquiese in the issue of their
deliberations, we do therefore earnestly entreat them,
seriously and conscientiously to weigh the inexpressible
importance of their arduous department, and fervently
to solicit that direction and assistance in the discharge of
their trust, which all the powers of humanity cannot
afford them; and we do humbly and devoutly beseech
that God, in whose hand are the hearts of all flesh, and
who ruleth them at His pleasure, graciously to infuse
into the whole Congress a spirit of true wisdom, prudence,
and just moderation; and to direct them to such
unanimous and happy conclusions, as shall terminate in
His own honour and glory; the establishment of the
Protestant succession of the illustrious House of Hanover;
the mutual weal and advantage of Great Britain
and all her Dominions, and a just and permanent confirmation
of the civil and religious liberties of America.
And now lastly, under the consideration of a bare possibility,
that the enemies of our Constitution may yet succeed
in a despotick triumph over us in this age, we do
earnestly (should that prove the case) call upon all future
generations to renew the glorious struggle for liberty, as
oft as Heaven shall afford them any probable means of
success.
May this notification, by some faithful record, be
handed down to the yet unborn descendants of Americans,
that nothing but the most fatal necessity could
have wrested the present inestimable enjoyments from
their ancestors. Let them universally inculcate upon
their beloved offspring an investigation of those truths,
respecting both civil and religious liberty, which have
been so clearly and fully stated in this generation. May
they be carefully taught in all their schools ; and may
they never rest, until, through a Devine(sic) blessing upon
their efforts, true freedom and liberty shall reign triumphant
over the whole Globe.
Signed by order of the Committee,
Edward Taylor,
County Chairman.
——————————
Convention to Nominate Delegates to the
Continental
Congress, &c.
At a general meeting of the Committees of the several
Counties in the Province of New Jersey, at New Brunswick,
on Thursday, the 21st July, and continued to the
Saturday following. Present, seventy-two Members.
Stephen Crane, Esquire, in the Chair.
The Committees taking into their serious consideration
the dangerous and destructive nature of sundry Acts of
the British Parliament, with respect to the fundamental
liberties of the American Colonies, conceive it their indispensable
duty to bear their open testimony against
them, and to concur with the other Colonies in prosecuting
all legal and necessary measures, for obtaining
their speedy repeal. Therefore, we unanimously agree
in the following sentiments and Resolutions:
1st. We think it necessary to declare, that the inhabitants
of this Province, (and we are confident the people
of America in general) are, and ever have been, firm and
unshaken in their loyalty to his Majesty King George
the Third; fast friends to the Revolution settlement; and
that they detest all thoughts of an independence on the
Crown of Great Britain; Accordingly we do, in the most
sincere and solemn manner, recognize and acknowledge
his Majesty King George the Third to be our lawful and
rightful Sovereign, to whom under his royal protection
in our fundamental rights and privileges, we owe, and
will render all due faith and allegiance.
2d. We think ourselves warranted from the principles
of our excellent Constitution, to affirm that the claim of
the British Parliament, (in which we neither are, nor
can be represented) to make laws, which shall be binding
on the King's American subjects, "in all cases whatsoever,"
and particularly for imposing taxes for the purpose
of raising a revenue in America is unconstitutional
and oppressive, and which we think ourselves bound in
duty to ourselves and our posterity, by all constitutional
means in our power, to oppose.
3d. We think the several late Acts of Parliament for
shutting up the port of Boston, invading the Charter
rights of the Province of the Massachusetts Bay, and
subjecting supposed offenders to be sent for trial to other
Colonies, or to Great Britain; the sending over an armed
force to carry the same into effect, and thereby reducing
many thousands of innocent and loyal inhabitants to
poverty and distress; are not only subversive of the
undoubted rights of his Majesty's American subjects, but
also repugnant to the common principles of humanity
and justice. Thee proceedings, so violent in themselves,
and so truly alarming to the other Colonies, (many of
which are equally exposed to Ministerial vengeance.)
render it the indispensable duty of all, heartily to unite
in the most proper measures, to procure redress for their
oppressed countrymen, now suffering in the common
cause; and for the re-establishment of the constitutional
rights of America on a solid and permanent foundation.
4th. To effect this important purpose, we conceive the
most eligible method is, to appoint a General Congress
of Commissioners of the respective Colonies; who shall
be empowered mutually to pledge, each to the rest, the
publick honour and faith of their constituent Colonies,
firmly and inviolably to adhere to the determinations of
the said Congress.
5th. Resolved, That we do earnestly recommend a general
non-importation and a non-consumption agreement
to be entered into at such time, and regulated in such
manner, as to the Congress shall appear most advisable.
6th. Resolved, That it appears to us, to be a duty incumbent
on the good people of this Province, to afford
some immediate relief to the many suffering inhabitants
of the town of Boston.
Therefore, the several County Committees do now
engage to set on foot, and promote collections, without
delay, either by subscriptions or otherwise, throughout
their respective counties; and that they will remit the
moneys arising from the said subscriptions, or any other
benefactions, that may be voluntarily made by the inhabitants,
either to Boston, or into the hands of James
Neilson, John Dennis, William Oake, Abraham Hunt,
Samuel Tucker, Dr. Isaac Smith, Grant Gibbon, Thomas
Sinnicks, and John Carey, whom we do hereby appoint
a Committee for forwarding the same to Boston, in such
way and manner as they shall be advised will best answer
the benevolent purpose designed.
7th. Resolved, That the grateful acknowledgements of
this body are due to the noble and worthy patrons of
constitutional liberty, in the British Senate, for their
laudable efforts to avert the storm they behold impending
over a much injured Colony, and in support of the
just rights of the King's subjects in America.
8th. Resolved, That James Kinsey, William Livingston,
John Dehart, Stephen Crane, and Richard Smith,
Esquires, or such of them as shall attend, be the Delegates
to represent this Province in the General Continental
Congress, to be held at the City of Philadelphia,
on or about the first of September next, to meet, consult,
and advise with the Deputies from the other Colonies;
and to determine upon all such prudent and lawful measures
as may be judged most expedient for the Colonies
immediately and unitedly to adopt, in order to obtain
relief for an oppressed people, and the redress of our
general grievances.
Signed by order
.
|
Jonathan D. Sergeant,
Clerk.
|
Letter from the Committee of Correspondence of
New
Jersey to the Committee of Correspondence
of Boston.
Elizabethtown, New Jersey, July 28, 1774.
Gentlemen:— The arbitrary and cruel oppression
under which your Metropolis now labours from the suspension
of commerce, must inevitably reduce multitudes
to inexpressible difficulty and distress.
Suffering in a glorious and common cause, sympathy
and resentment, with peculiar energy, fill the breasts of
your anxious countrymen. As the King of Kings and the
Ruler of Princes seems, in a remarkable manner, to be inspiring
these Colonies with a spirit of union, to confound
the counsels of your unrighteous oppressors, and with a
spirit of humanity and benevolence towards an innocent
and oppressed people; so, we trust, he will also inspire
your town with patience, resignation, and fortitude, until
this great calamity shall be over-past.
We have the pleasure to acquaint you that, on the 21st
instant, at the city of New Brunswick, the Province of
New Jersey, with singular unanimity, seventy-two Delegates
from the several counties and a majority of the
House of Representatives present and approving, entered
into similar resolutions with the other Colonies; elected
five Deputies for the proposed Congress, and the County
Committees then agreed to promote collections in their
respective counties, for the relief of such of the unhappy
inhabitants of the town of Boston as may now be reduced
to extremity and want. To accomplish this purpose with
the more acceptation to yourselves, we the Committee of
Correspondence for the Eastern Division, request that,
by the return of the post, you would be pleased to advise
us in what way we can best answer your present necessities; whether cash remitted, or what articles of provision, or other necessaries, we can furnish from hence, would
be most agreeable; and which we hope we shall be
able to forward to Boston very soon after your advice
shall be received. We doubt not gentlemen are devising
every possible method for the employment of those who,
by their deplorable situation, are cut off from all former
means of subsistence.
We are, gentlemen, your very humble servants.
|
By order,
William Peartree Smith,
Chairman.
|
——————————
Letter from the Committee of Correspondence of
Boston,
to the Committee of Correspondence for
New Jersey
.
Boston, August 22, 1774.
Sir:— The Committee of Correspondence for this town
have handed to the Committee of Donations a letter from
you of the 28th ult., which breathes such a spirit of union
and hearty concern for the rights of America, as must
enkindle in every breast the highest opinion of the virtue
and firmness of the inhabitants of New Jersey. With
hearts deeply impressed with gratitude, we note your
kind intentions to contribute for the relief of the inhabitants
of this town, suffering by means of the Boston Port
Bill, and desire to know "in what way you can best
answer our present necessities, whether cash remitted or
articles of provision." For answer, if cash would be
equally agreeable to our friends, it would be very acceptable
at this time, but would leave that matter entirely to
your convenience. The Christian sympathy and generosity
of our friends through the Continent cannot fail to
inspire the inhabitants of this town with patience, resignation
and firmness, while we trust in the Supreme Ruler
of the universe, that he will graciously hear our cries,
and in his time free us from our present bondage, and
make us rejoice in his great salvation.
Please to present our greatful(sic) acknowledgments to our
friends of New Jersey, and be assured we are, with great
esteem, sir, your friends and fellow-countrymen.
Nathaniel Appleton.
per order.
——————————
Commission of Delegates for New Jersey to Continental
Congress
at Philadelphia, September 5,
1774.
To James Kinney, William Livingston, John De Hart,
Stephen Crane and Richard Smith, Esquires, each and
every of you:
The Committees appointed by the several Counties of
the Colony of New Jersey, to nominate Deputies to represent
the same in the General Congress of Deputies from
the other Colonies in America, convened at the City of
New Brunswick, have nominated and appointed, and do
hereby nominate and appoint you, and each of you,
Deputies to represent the Colony of New Jersey, in the
said General Congress.
In testimony whereof the Chairman of the said several
Committees here met, have hereunto set their hands, this
twenty-third day of July in the fourteenth year of the
reign of our sovereign Lord George the Third and in the
year of our Lord, 1774.
Signed,
William P. Smith,
John Moores,
Robert Field,
Peter Zabriskie,
Edward Taylor,
Archibald Stewart,
Abia Brown,
|
Jacob Ford,
Robert Johnson,
Robert Friend Price,
Samuel Tucker,
Hendrick Fisher,
Thomas Anderson,
Mark Thompson.
|
——————————
Address of the Grand Jury of Essex County.
To the Honourable Frederick Smyth, Esquire, Chief Justice
of the Province of New Jersey :
The address of the Grand Jury for the Body of the
County of Essex, at a Court of Oyer and Terminer and
General Gaol Delivery, held at Newark, in the said
County, the first Tuesday in November, 1774.
May it please your Honour:
As your Honour's charge from the Bench was not so
properly directory to us with respect to our duty as the
Grand Inquest of this County, as matter of instruction
for the regulation of our own personal conduct amidst
the present commotions of the Continent, we think ourselves
obliged, from the singularity of the charge, and its
paternal tenderness for our welfare, to express our gratitude
for your Honour's friendly admonitions, (which
doubtless derived great solemnity from the place in
which they were delivered,) and at the same time inform
you how far we have the misfortune to differ from you in
sentiment, both as to the origin and tendency of the
present uneasiness so generally diffused through all the
Colonies. If we rightly understood a particular part of
your Honour's charge, you were pleased to tell us, that
while we were employed in guarding against "imaginary
tyranny, three thousand miles distant," we ought not to
expose ourselves to a "real tyranny at our own doors."
As we neither know, sir, nor are under the least apprehension
of any tyranny at our own doors, unless it should
make its way hither from the distance you mention, and
then, we hope, that all those whom the Constitution has
entrusted with the guardianship of our liberties, will
rather strive to obstruct than accelerate its progress, we
are utterly at a loss for the idea thereby intended to be
communicated. But, respecting the tyranny at the distance
of three thousand miles, which your Honour is
pleased to represent as imaginary, we have the unhappiness
widely to differ from you in opinion. The effect,
sir, of that tyranny is too severely felt to have it thought
altogether visionary. We cannot think, sir, that taxes
imposed upon us by our fellow subjects, in a Legislature
in which we are not represented, is an imaginary, but
that it is a real and actual tyranny; and of which no
Nation whatsoever can furnish a single instance. We
cannot think, sir, that depriving us of the inestimable
right of trial by jury; seizing our persons and carrying
us for trial to Great Britain is a tyranny merely imaginary.
Nor can we think with your Honour, that distroying
Charters and changing our forms of Government, is a
tyranny altogether ideal.— That an Act passed to protect,
indemnify, and screen from punishment such as may be
guilty even of murder is a bare idea.— That the establishment
of French laws and Popish religion in Canada,
the better to facilitate the arbitrary schemes of the British
Ministry, by making the Canadians instruments in the
hands of power to reduce us to slavery, has no other than
a mental existence. In a word, sir, we cannot persuade
ourselves that the Fleet now blocking up the Port of
Boston, consisting of ships built of real English oak and
solid iron, and armed with cannon of ponderous metal,
with actual powder and ball; nor the Army lodged in the
Town of Boston, and the Fortifications thrown about it,
(substantial and formidable realities,) are all creatures of
the imagination. These, sir, are but a few of the numerous
grievances under which America now groans. These
are some of the effects of that deliberate plan of tyranny
concerted at "three thousand miles distance," and which,
to your Honour, appears only like the "baseless fabrick
of a vision." To procure redress of these grievances,
which to others assume the form of odious and horrid
realities, the Continent, as we learn, has very naturally
been thrown into great commotions; and as far as this
County in particular has taken part in the alarm, we
have the happiness to represent to your Honour, that in
the prosecution of measures for preserving American
liberties, and obtaining the removal of oppressions, the
people have acted in all their popular assemblies, (which
it is the right of Englishmen to convene whenever they
please,) with the spirit, temper and prudence becoming
freemen and loyal subjects.
To trespass no longer on your Honour's patience, we
conclude w4th our hearty wishes, that while the great
cause of liberty is warmly, and at the same time so
peaceably vindicated, by all honest Americans, as essentially
necessary to publick happiness; no bias of self-interest;
no fawning servility towards those in power; no
hopes of future preferment, will induce any man to damp
their laudable and patriotick ardour; nor lend his helping
hand to the unnatural and diabolical work of riveting
those chains which are forging for us by that same
actual tyranny, at the distance of three thousand miles.
To the Freeholders of the County of Essex, in the
Province of New Jersey,
qualified to vote for Representatives
in the Legislature.
Gentlemen:— The zeal you have hitherto manifested
in support of the constitutional liberties of your country
will unquestionably prompt you to carry into execution,
with firmness and unanimity, the wise and prudent Resolutions
lately entered into by the Delegates of this Continent,
in General Congress. In the eleventh Article of
the Association, formed in behalf of themselves and their
constituents, it was agreed "That a Committee be appointed in every County, City and Town, by those who
are qualified to vote for Representatives in the Legislature, whose business it shall be to observe the conduct of all persons touching the said Association." We your
Committee of Correspondence, cannot in the least doubt
your ready and immediate compliance with the Article;
for, as the salutary effects to arise from this Association,
must, under God, depend upon the fidelity of individuals
in carrying it precisely into execution; so, should any
inhabitant of this Colony be found so lost to a sense of
publick virtue, as to violate the same in any instance,
such person, pursuant to the said Article, may by your
Committees, "be held up to publick notice, as unfriendly
to the liberties of his country, and all dealings with him
or her be thenceforward broken off." We have therefore
thought fit to recommend to you, that for the more extensive
observation of the conduct of individuals, Committees
be chosen for each of the three Precincts into
which the County is divided, viz., Elizabethtown, Newark
and Achquakanung; and we do hereby give notice
to and request the Freeholders of the respective Precincts,
to convene for that purpose, as follows: For the Borough
of Elizabeth, at the Court House, in Elizabethtown,
on Tuesday, the sixth day of December next, at 2 o'clock,
P. M.; for Newark, at the Court House in Newark, on
Wednesday, the seventh day of December; and for Achquakanung,
on Monday, the twelfth day of December, at
the Bridge, opposite the house of Timothy Day. And we
do also recommend to you, that ten at least of the most
reputable inhabitants for Achquakanung, fifteen for
Newark, and twenty for Elizabethtown, be elected for
the above purpose.
As Delegates for the several Colonies are again to be
appointed, to meet at Philadelphia, on the tenth day of
May next, it will be farther expedient that the inhabitants
make choice of a new Committee of Correspondence,
with power to instruct the Representatives for this
County, when convened in General Assembly, to join in
the appointment of Delegates for the Colony to meet in
the said Congress. But if the said General Assembly
shall not appoint Delegates for that purpose, by the first
day of April next, then the said Committee of Correspondence
do meet with the several County Committees
of this Colony, and appoint the said Delegates at such
time and place as shall be agreed upon by the said Committees.
Stephen Crane,
John De Hart,
William Livingston,
Isaac Ogden,
W. P. Smith.
|
Elias Boudinot,
Jo. Riggs, Jr.,
John Chetwood,
Henry Gerritse,
|
County of Essex, November 28, 1774.
——————————
Essex County Assembly
.
At a meeting of the Freeholders of Elizabethtown, in
Essex County, in the Province of New Jersey, on Tuesday,
the first day of December, 1774:.
Stephen Crane, Esquire, in the Chair.
The Committee of Correspondence for the County of
Essex having produced the Association lately entered
into by the Delegates of the American Colonies, met in
General Congress, the same was read to and then unanimously
approved and adopted by the whole Assembly,
who were pleased at the same time to signify their thanks
to the Delegates of this Colony for their faithful services.
It was then proposed, that pursuant to the eleventh
Article of the said Association, a large Committee should
be now chosen for the purposes therein mentioned, which
was also agreed to, and the following persons were accordingly
appointed, viz.: Jonathan Hampton, Matthias
Williamson, Elias Dayton, Isaac Woodruff, William Barnett,
Wm. Herriman, Oliver Spencer, George Ross, Edward
Thomas, Cornelius Hetfield, John Blanchard,
Ephraim Tyrrel, Abraham Clarke, Robert Ogden, junior,
Jeremiah Smith, Richard Townley, junior, Samuel Shotwell,
David Miller, Thomas Woodruff, John Clawson,
Jonathan Dayton, Ephraim Marsh, Recompence Stanbury,
Jedediah Swan, William Parsons, Samuel Potter, William
Bott, Jonathan Williams, Christopher Marsh, Isaac
Wynants, Daniel Halsey.
After which the Committee of Correspondence informed
the Assembly that, having executed the services for which
they had been particularly appointed, they had thought
proper to desolve themselves, in order that the inhabitants
of the respective Precincts of the County might
have the opportunity of a new choice. Whereupon
Stephen Crane, John De Hart, William Livingston, William
P. Smith, Elias Boudinot, and John Chetwood,
Esquires, being of the late Committee, were unanimously
re-elected for the Borough of Elizabeth, and at the same
time authorized to instruct the Representatives of this
County, when convened in General Assembly, to join in
the appointment of Delegates for this Colony, to meet in
the next General Congress, at Philadelphia. But if the
said Assembly should not appoint Delegates for that
purpose, by the first day of April next, then the said
Committee of Correspondence to meet with the several
County Committees of this Colony, and appoint the said
Delegates, at such time and place as shall be agreed upon
by the said Committees.
The above business being finished, the Assembly
unanimously Voted, That two certain Pamphlets lately
published, the one entitled A Friendly Address, &c., and
the other under the signature of A Farmer, as containing
many notorious falsehoods, evidently calculated to sow
seeds of dissention among the good people of America,
grossly misrepresenting the principles of the present
opposition to Parliamentary Taxations, vilifying the late
Congress, and intended to facilitate the scheme of the
British Ministry for enslaving the Colonies, be publickly
burnt, in detestation and abhorrence of such infamous
publications.
And the same were accordingly committed to the
flames, before the Court House, with the universal approbation
of a numerous concourse of people.
——————————
Newark Committee.
Pursuant to the eleventh Article of the Association
entered into by the late Continental Congress, held at
Philadelphia, at a meeting of the Freeholders of the
Township of Newark, in the County of Essex, at the
Court House, on Wednesday, the 7th of December, 1774.
Joseph Briggs, Jun., Esq., in the Chair.
After a proper introduction to the business of the day,
the following persons were unanimously chosen as a
Committee of Observation for the Town aforesaid, viz.:
Joseph Allen, Esq., Garrabrant Garrabrant, Esquire,
Caleb Camp, Bethuel Pierson, John Range, Solomon
Davis, Doctor Matthias Pierson, Samuel Pennington,
Joseph Hedden, Jun., Daniel Condict, John Earle, John
Spear, Moses Farrand, David Condict, Esq., John Peck,
Joseph Lyon, Thomas Cadmus, Jun., Abraham Lyon,
James Wheeler, Ichabod Harrison, Jonathan Sayer, Robert
Johnston, Robert Neil, Junior.
At a meeting of a majority of the above Committee,
held in Newark, January 5, 1775, Caleb Camp, Chairman,
Robert Johnston, Clerk.
Voted, That the Thanks of this Committee be presented
to the Honourable Delegates for this Province, members
of the Continental Congress held at Philadelphia in September
last, for the faithful discharge of the important
trust reposed in them:
To the Delegates for New Jersey, in the Continental Congress:
Gentlemen:— While we feel an inviolable attachment
to the person of the King, and the present reigning family,
it is with the highest esteem of, and gratitude to you,
the particular Delegates for this Province (in conjunction
with the whole of that venerable body) that we view the
many wise and prudent measures by you adopted to support,
and hand down to posterity inviolate, those valuable
and important privileges, both civil and sacred, so highly
prized by our ancestors.
And 'tis with the greatest resentment that we so often
behold your virtuous and patriotick endeavours wickedly
traduced and made the subject of ridicule and slander
by those Sons of Belial, whose attachedness to their
master, will prompt them to commit violence to their
own judgments, and even feed their wickedness with the
very blood of their country. But you sirs, may be
assured, that such authors (when known as their criminal
production) shall ever be treated by us with the
utmost contempt, as they merit.
And as a further mark of acquiescence in the Association,
and demonstration of our sincerity, we think it our
duty for ourselves, and we will with the utmost of our
influence, recommend to our constituents, as the only
probable means of securing our liberties, that the said
Association be punctually adhered to, and strictly put in
execution.
That the blessings of Heaven may succeed all our endeavours
to vanquish our enemies, and effectually secure
the liberties of British America, and finally establish a
happy, constitutional, and lasting union between Great
Britain and her Colonies, is the sincere wish of, gentlemen,
your much obliged and very humble servants.
By order of the Committee,
Caleb Camp,
Chairman.
As the present critical situation of our Nation, and
especially of British America, make it highly necessary,
that every publick exhibition from the press should be
stripped of all false disguises, and fairly hold up to view
the only alternative, viz.: a tame submission to a tyrannical
Ministry, and its consequence, abject slavery; or a
brave, manly and constitutional resistance, as the only
likely means of obtaining and enjoying liberty; Therefore
the Committee of Observation, for the Township of
Newark, beg leave to publish the following Queries and
Resolves:
Query 1. Whether a Press, which weekly throws out
pamphlets and other publick pieces, replete with the
most bitter invectives, scandalous and criminal reflections
upon that reputable body, the Continental Congress,
and their constituents; and all, with a manifest design
to blind the eyes of the less judicious; sow the seeds of
faction and discord, and thus gratify the perfidious authors
by prejudicing the honest, unthinking, against
their real interest; whether such a press is not inimical to
the country where it is, and does not forfeit its support?
Query 2. Whether such a Printer, and the authors of
such pieces, when known, are not, according to the strict
sense of the Grand Congress, those very persons who by
them are considered such enemies to their country that
every true friend of liberty ought to avoid them?
Query 3. Whether a Printer in New York in the space of
three or four years, by the profits of his press, and a moderate
per cent, on Keyser's Pills, with a few other insignificant
perquisites, can from a low ebb of fortune, if not
bankruptcy, acquire such independence, that he dare publickly,
with an air of supercilious haughtiness, proclaim
himself independent of the country, and that he could
live without their custom.
Query 4 Whether such a man is not a Ministerial hireling,
who is endeavouring to sacrifice his country to his
own private interest.
AND WHEREAS, it is too evident to this Committee, that
the above character is exactly fitted to J. Rivington;
therefore
Resolved, That this Committee will henceforth take no
more of his papers, pamphlets, or any other publick performance
of his press, neither will we deal with him in
any other way. And we would heartily recommend,
that our constituents may take this matter into serious
consideration; and as far as it shall carry conviction to
them, treat him with a correspondent conduct.
By order of the Committee.
Caleb Camp,
Chairman.
——————————
Elizabethtown Resolutions
.
Elizabethtown, New Jersey, December, 19, 1774.
The Committee of Observation for the free Borough
and Town of Elizabeth, taking into consideration that
James Rivington, Printer of one of the New York
Gazettes, having published many pieces in his paper,
and divers pamphlets, inimical to the liberties of America;
by which we have reason to suspect that he is a vile
Ministerial hireling, employed to disunite the Colonies,
and calumniate all their measures entered into for the
publick good; in order therefore, to discountenance the
attempts of every person unfriendly to America liberty,
Resolved, unanimously, By this Committee, that they
will take no more of said Rivington's Gazettes, nor send
any advertisements to be inserted therein, or have any
further dealings or commerce with him; And that we
will recommend it to our constituents to observe the
same conduct towards said Rivington, or any other
Printer who shall publish or print any pieces or pamphlets
tending to break the happy union now subsisting
throughout the American Colonies.
By order of the Committee.
Jonathan Hampton,
Chairman.
Middlesex County Resolutions.
According to a notice of the 20th of December, sundry
of the Freeholders of Middlesex County assembled at the
Court House in New Brunswick, on the 3d day of January,
1775, but finding their number insufficient to pursue
the business recommended by the Continental Congress:
It was agreed that every City, Township and District,
should have a meeting by themselves, and choose Committees
of Observation and Inspection; and when chosen,
meet at New Brunswick, the 16th day of this instant, and
by majority of votes, choose a Committee of Correspondence
for the County, to have existence for a limited time.
Accordingly the several Districts in the County have
had meetings, and have chosen Committees of Observation,
as follows, to wit:
For Woodbridge — Ebenezer Foster, Henry Freeman,
Nathaniel Heard, Reuben Potter, William Smith, Jeremiah
Manning, Matthias Baker, Charles Jackson, Samuel
Force, John Pain, James Manning, John Heard, Daniel
Moores, John Ross, Ellis Barron, William Cutter, Reuben
Evans, James Randolph, Timothy Bloomfield, John Noe,
and John Conway.
For Piscataway — John Gilman, Henry Sutton, John
Langstaff, William Manning, Benjamin Manning, Jacob
Martin, Charles Suydam, Jeremiah Field, Daniel Bray,
Jacob Fitsworth, Micajah Dunn, Melancthon Freeman and
John Dunn.
For South Amboy — Stephen Pangburn, John Layd,
Luke Schenck, Matthew Rice, William Vance and Joseph
Potter.
For New Brunswick — Azariah Dunham, J. Schureman,
John Dennis, John Lyle, Jun., Abraham Schuyler, George
Hame, Jacobus Van Huys, John Slight, John Voorhees,
Barent Stryker, William Williamson, Peter Farmer, Ferdinand
Schureman, Abraham Bucklew and Jonathan Roeff.
For South Brunswick — David Williamson, William
Sender, Isaac Van Dyck, John Wetherill, Jun., Abraham
Terheune, Jacob Van Dyck, and Charles Barclay.
For Windsor — James Hebron, Samuel Minor, Jonathan
Combs, Andrew Davison, Isaac Rogers, Ezekiel Smith
and Jonathan Baldwin.
By a meeting of the General Committee of Observation
and Inspection for the County of Middlesex, in the
Province of New Jersey, chosen in pursuance of the
eleventh Article of the Association of the Continental
Congress, and assembled at New Brunswick, in the said
County, on Monday, the 16th day of January, 1775.
Azariah Dunham, Esquire, in the Chair.
1. Resolved, That this Conimittee have been duly empowered
and authorized by the Freeholders and Freemen
of the County of Middlesex, to meet this day at New
Brunswick, and, in their names, to transact all such publick
business as the Committee, or a majority of them,
think of importance to the general interest of the County,
2. Resolved, That we heartily and entirely approve of
the Proceedings of the late Continental Congress, as published
in their journal, entitled "Journal of the Proceedings of the Congress, held at Philadelphia, September fifth,
1774;" and that we esteem ourselves bound by the ties
of virtue, honour, and the love of our country, to contribute
all in our power towards carrying into practice
the measures which they have recommended.
3. Resolved, That we look upon ourselves as under particular
obligations of gratitude to the worthy and publick
spirited gentlemen who composed the late Congress,
for the knowledge with which they have pointed out and
defined our rights, the firmness with which they have
asserted them, and the wisdom with which they have
devised the most likely and peaceable means of recovering,
establishing and perpetuating them.
4. Resolved, That James Neilson, William Oak, Azariah
Dunham, John Wetherill, Jonathan Combs, Stephen Pangburn
and Ebenezer Foster, Esquires, Messrs. Wm. Smith,
Matthias Baker, Jacob Fitsworth, John Dunn, David Williamson,
Jonathan Baldwin and Jacob Schenck, be and
they are by this Committee appointed a Committee of Correspondence
for the County of Middlesex, and that they do,
as soon as possible, by their humble petition, address the
General Assembly now sitting at Perth Amboy, to nominate
Deputies from this Province to the General Congress,
to be held at Philudelpliia in May next; and provided
the Assembly do not undertake such nomination,
that they then meet and join with the other Committees
of Correspondence appointed by the several Counties in
the Province, and at a proper time and place, and elect
Deputies for the service aforesaid; and that this Committee
be and continue the Committee of Correspondence
for the County of Middlesex, till the rising of the next
General Congress, and no longer.
5. Resolved, That we think it our duty publickly to
declare our contempt and detestation of those insidious
scribblers, who, with the vilest views, enlist themselves in
the cause of the Ministry, and by the vilest means endeavor
to effect a disunion among the good people of the
Colonies, that they may become a prey to the oppression
against which they are so laudably and unanimously
struggling; who skulk behind prostituted printing
presses, and with the assistance of the prostituted conductors
of them, labour to circulate their pestilent compositions
through the land, under the show of friendship
and a regard to the publick good; who, with the most
unexampled effrontery against the sense of every man of
the least information and impartiality, will persist in retailing
the rotten, exploded, and ten thousand times confuted
doctrines of a passive acquiescence in the measures
of Government, however distempered and tyrannical.
6. Resolved, That we will preserve on this trying occasion
a resolute spirit, directed by loyalty to our King,
prudence, temper, and dispassion, testifying that, as our
cause is clearly just, we mean to support it by just exertions,
and not by misrule and outrage.
Signed by order and on behalf of the meeting, by
John Dennis,
Clerk.
——————————
Woodbridge Committee.
At a General Meeting of the Inhabitants of the Township
of Woodbridge, in the County of Middlesex, in New
Jersey, on Saturday, the 7th day of January, 1775.
Captain Reuben Potter being chosen Moderator.
The Association entered into and recommended by
the late General Congress at Philadelphia being read
and approved of, it was
1st. Resolved unanimously, That the said Association be
adopted by the Town, and carried into execution.
2d. Resolved unanimously, That a Committee of Observation,
consisting of twenty-one members, be appointed
by those "qualified to vote for Representatives in the
Legislature." Accordingly, the following persons were
chosen without a dissenting voice, viz: Ebenezer Foster,
Henry Freeman, Nathaniel Heard, and Reuben Potter,
Esquires, Messrs. William Smith, Jeremiah Manning,
Matthias Baker, Charles Jackson, Samuel Force, John
Pain, James Manning, John Heard, Daniel Moores, John
Ross, Ellis Barron, William Cutter, Reuben Evans, James
Randolph, Timothy Bloomfield, John Noe, and John
Conway, to see the said Association be punctually observed
and carried into execution; that any nine or
more of them be authorized to act for the purpose specified
in the eleventh Article of said Association.
3d. Resolved unanimously, That it is the desire of the
people now met, that the said Committee do execute the
trust reposed in them with firmness and fidelity, and in
every respect follow the directions of the Association, as
much as if it was a law of this Province; and they be
upon oath for the conscientious discharge of their duty.
The Committee of this Town appointed to meet the
Committees of the other Townships in County Committee
and Provincial Congress, in July last, desiring to be dismissed,
it was
4th. Resolved unanimously, That they be thanked for
the faithful discharge of the trust reposed in them, and
dismissed agreeable to their request.
5th. Resolved unanimously, That a Committee of this
Town be chosen to meet the Committees of the other
Townships in this County, to choose a Committee of Correspondence,
agreeable to the directions of the said Association; accordingly, Ebenezer Foster, Esquire, Messrs.
William Smith, and Matthias Baker, were chosen, and
are hereby instructed, that in case the Assembly of New
Jersey do not appoint Delegates to meet the Continental
Congress in May next, they meet the Committees from
the other Counties of this Province, in Provincial Congress,
and choose them.
John Ross,
Clerk.
At a meeting of the above Committee of Observation
for the township of Woodbridge, the 10th day of January,
1775, pursuant to advertisement; present, sixteen members:
Ordered, That Ebenezer Foster, Esquire, Messrs. Jeremiah
Manning, Matthias Baker, Ellis Barron, and John
Conway, wait on Messrs. Joseph Shotwell and Sons, Merchants,
immediately, and ask them if they are disposed
to comply with the Association of the late Continental
Congress, respecting the importation of Goods, it being
represented that said Shotwells have imported sundry
Goods since the first day of December last.
The Deputies aforesaid returned and reported to the
body that they had waited on Messrs. Shotwells according
to appointment, who assured them "that all Goods
imported by their house since the first of December,
remained unopened as they came to hand;" but observed,
that as said Goods were imported into and
entered at New York, and had been under the inspection of the Committee for said City, they did not come
under the inspection of this Committee, and requested
the favorable construction of this body, and the inhabitants in general, respecting their conduct and answer."
The Committee in consequence of said report, allow that
the answer of Messrs. Shotwells is satisfactory; and are
of opinion that any Goods or Merchandise imported into
the City of New York, which may even escape the notice
of their Committee, are not subject to our inspection.
This Committee earnestly recommend to all Merchants
and Retailers in this Township, to adhere strictly to the
ninth Article of the Association respecting the sale of
Goods.
And we do farther recommend to all the inhabitants
of this Township, a strict compliance with the eighth
Article of the Association, respecting Frugality, Economy
and Industry, and the prohibition of all kinds of Gaming.
This Committee also taking into consideration the
many pieces and pamphlets published by James Rivington,
tending to frustrate and defame the proceedings of
the late Continental Congress, and disunite the Colonies,
are of opinion that he is a person inimical to the liberties
of this country, and as such ought to be discountenanced;
we therefore do cordially recommend to all our constituents
to drop his Paper and have no further dealings with
him.
Voted, That these Proceedings be published in Messrs.
Holts' and Gaines' Papers.
Signed by order of the Committee.
Reuben Potter,
Chairman.
——————————
Morris County Meeting.
At a Meeting of the Freeholders of the County of Morris,
at Morristown, on Monday, the 9th day of January,
1775.
William Winds, Esquire, Chairman.
The Committee of Correspondence, for the County of
Morris, having produced and read the Association of the
Continental Congress, the same was deliberately considered
by the whole assembly, and by them unanimously
approved as a wise, prudent and constitutional mode of
opposition to the late several tyrannical and oppressive
Acts of the British Parliament. Whereupon they unanimously
determined strictly to abide by the same, and
gratefully expressed their acknowledgments and hearty
thanks to the Delegates of this Colony for their great
attention to the rights and liberties of their constituents,
and for the faithful discharge of the important trust reposed
in them.
The assembly then unanimously agreed that the inhabitants
of each several Township in the County should
meet at their respective places of holding Town Meetings,
on Monday, the 23d day of January, instant,
at one o'clock in the afternoon, then and there respecttively
to choose (by those who are qualified to vote for
Representatives in the Legislature) a Committee of Observation,
pursuant to, and for the purposes expressed in
the eleventh Article of the said Association. After which
the Committee of Correspondence declared to the assembly
that they had thought proper to dissolve themselves,
in order that their constituents might have an opportunity
of a new choice, and that they were dissolved accordingly:
Whereupon Jacob Ford, William Winds, and Jonathan
Stiles, Esquires, Messrs. Jacob Drake, Peter Dickerson, and
Ellis Cook, together with Samuel Tuthill, Doctor William
Hart, and Abraham Ogden, Esquires, were elected ;
and at the same time authorized to instruct the Representatives
of this County, when convened in General
Assembly, to join in the appointment of Delegates for
this Colony, to meet in General Congress, at Philadelphia;
but if the said Assembly should not appoint Delegates
for that purpose by the first day of April next, then the
said Committee of Correspondence to meet with the several
County Committees of this Colony, and appoint the
said Delegates, at such time and place as shall be agreed
upon by the said Committees.
The assembly afterwards taking into consideration the
conduct of James Rivington, Printer in New York, in
publishing two certain Pamphlets: the one entitled "A
Friendly Address, &c., &c.; the other under the signature
of "A. W. Farmer, and several others; all containing many
falsehoods, wickedly calculated to divide the Colonies —
to deceive the ignorant, and to cause a base submission
to the unconstitutional measures of the British Parliament
for enslaving the Colonies, do unanimously resolve,
that they esteem the said James Rivington an enemy to
his country; and therefore that they will, for the future,
refrain from taking his Newspapers, and from all further
commerce with him; and that, by all lawful means in
their power, they will discourage the circulation of his
Papers in this County.
——————————
Hunterdon County Committee.
At a meeting of the several Township Committees in
the County of Hunterdon, and Province of New Jersey,
held at John Ringo's, the 18th day of January, 1775:
Present, sixty members.
John Hart, Esq., Chairman.
The Committee taking into consideration the Proceedings
of the late Continental Congress, highly approve
thereof, and the Association entered into do recommend
and will abide by, and thank the Delegates for their firm
and steady conduct.
The Committee then taking into their consideration
the method of choosing Delegates for this Province, to
attend at Philadelphia, the 10th day of May next, or
sooner, if necessary, in Continental Congress, agreed to
adopt the measure pursued by the several County Committees
of this Province, the 21st day of July last, and
do recommend that the several County Committees meet
at Trenton, on Wednesday, the 29th day of March next,
unless some other time and place should be agreed on by
a majority of the Counties in this Province, to choose
Delegates for the purpose aforesaid, and we do hereby
appoint Samuel Tucker, John Mehelm, John Hart, Daniel
Hunt, Jasper Smith, Charles Coxe, Richard Stevens,
Samuel Johnson, Esquires, Messrs. Thomas Jones and
Thomas Stout, a County Committee for the purpose aforesaid,
who, or any three of them, are also appointed a
Committee of Correspondence, and a majority of the
whole Committee to have power to call Committees of
the several townships together, at such times and places
as they may judge necessary.
This Committee to continue till the Proceedings of the
next Continental Congress be published, or a new Committee
chosen.
Samuel Corwine,
Clerk.
——————————
Elizabethtown Resolutions.
February 13, 1775.
Whereas, the inhabitants of Staten Island have manifested
an unfriendly disposition towards the liberties of
America, and among other things have neglected to join
in the General Association proposed by the Continental
Congress, and entered into by most of the Townships in
America, and in no instance have acceeded thereto. The
Committee of Observation for this Town, taking the
same into consideration, are of opinion that the inhabitants
of their District ought, and by the aforesaid Association
are bound, to break off all trade, commerce,
dealings, and intercourse whatsoever with the inhabitants
of said Island, until they shall join in the General Association
aforesaid; and do Resolve that all trade, commerce,
dealings and intercourse whatsoever be suspended accordingly,
which suspension is hereby notified and
recommended to the inhabitants of their District, to be
by them universally observed and adopted.
G. Ross,
Clerk.
——————————
Burlington Committee.
At a General Meeting of the Freeholders and other Inhabitants
of the City and County of Burlington, in New
Jersey, qualified to vote for Representatives in the Legislature,
held at the Court House, on Tuesday, the 14th
of February, 1775.
Peter Tallman, Esquire, in the Chair.
The Association entered into by the General American
Congress, convened at Philadelphia on the 5th of September
last, was read and approved.
Resolved, That in pursuance of the eleventh Article of
the said Association, a Committee of Observation for this
City and County be now appointed, for the purposes in
that Article mentioned; and the following persons were
accordingly chosen, viz.: James Sterling, Colin Campbell,
William Smith and Jonathan Hough, Esquires,
John Coates, Thomas Fennimore, Thomas Reynolds,
Esquire, Joseph Budd, Jonathan Middleton, Joseph Borden,
Esq., John Wood, William Newbold, Isaac Pearson,
Esq., Randle Mitchell, William Lewis, Peter Tallman,
Esq , William Potts, John Black, Joseph Read, Esq.,
Peter Shiras, Thomas Budd, Jun., Charles Read, Esq.,
John Evans, Josiah Foster, Joseph Stokes, Esquire,
John Cox, Abraham Hewlings, Baldwin Wake, Esquire,
Samuel Newton, Jacob Perkins, John Leek, Eli Matthis
and William Pharo.
Resolved, That the said Committee shall be and continue
for one year from this time, unless the measures of
the next General Congress shall make an alteration necessary.
Signed by order of the Meeting.
Peter Tallman,
Chairman.
——————————
Hanover, Morris County, Committee.
At a meeting of the Committee of Observation for the
Township of Hanover, in the County of Morris, and
Province of New Jersey, on the 15th day of February,
Anno Domini, 1775. Present : Matthias Burnet, Chairman,
Aaron Kitchel, Clerk; David Bruen, Captain Stephen
Day, Stephen Munson, Benjamin Howel and Captain
James Kien.
The following Resolutions were unanimously entered
into:
1st. Resolved unanimously, That they will discourage
all unlawful, tumultuous, and disorderly meetings of the
people within their Districts, and upon all occasions
exert themselves to the utmost of their power, and oppose
and prevent any violence offered to the person or property
of any one.
2d. Resolved unanimously. That they will take notice of
all Horse-Racing, Cock-Fighting and every kind of
Gaming whatsoever, and cause the offenders to be prosecuted
according to law; and discourage every species of
extravagant entertainments and amusements whatsoever,
agreeable to the eighth article of the Association of the
Continental Congress.
3d. Resolved unanimously, That this Committee will
after the first day of March next, esteem it a violation of
the seventh article of the said Association if any person
or persons should kill any Sheep until it is four years
old, or sell any such Sheep to any person whom he or
they may have cause to suspect will kill them, or carry
them to market; and further, that they will esteem it a
breach of said article if any inhabitant of this Township
should sell any Sheep of any kind whatsoever, to any
person dwelling out of this County, or to any person who
they may have cause to suspect will carry them out of
this County, without leave first obtained of this Committee.
4th. Resolved unanimously, That we do recommend to
the inhabitants of this Township the cultivation of Flax
and Hemp, to the greatest extent that their lands and
circumstances will admit of.
5th. Resolved unanimously, That from several Pamphlets
and Publications printed by James Rivington, of
New York, Printer, we esteem him as an incendiary employed
by a wicked Ministry to disunite and divide us ;
and therefore we will not, for ourselves, have any connection
or dealings with him, and do recommend the
same conduct towards him to every person of this Township;
and we will discountenance any Post-Rider, Stage-Driver, or Carrier, who shall bring his Pamphlets or
Papers into this County.
6th. Resolved unanimously, That if any Manufacturer of
any article made for home consumption, or any Vender
of Goods or Merchandises in this Township shall take
advantage of the necessities of his country, by selling at
an unusual price, such person shall be considered an enemy
to his country; and do recommend it to the inhabitants
of this Township to remember that after the 1st
day of March next no East India Tea is to be used in
any case whatsoever.
7th. Resolved unanimously, That we will in all cases
whatsoever, and at all events, use our utmost endeavours
to comply with, and enforce every article of the Association
of the General Continental Congress.
——————————
Woodbrldge, Middlesex County, Committee.
The Committee of Observation for the Township of
Woodbridge taking into consideration the conduct of the
inhabitants of Staten Island, in neglecting or refusing to
adopt the Association of the General Congress, and as a
number of said inhabitants daringly attempted by force to
prevent a Ship's returning to Europe, which arrived with
Goods after the first day of February, by which they have
justly incurred the displeasure of all the friends of liberty,
we think it a duty incumbent on us to publish our dislike
of such hostile measures, and suspend all trade, dealings
and intercourse with them till they join the Association
aforesaid; Therefore,
Resolved unanimously That we will from this day break
off and suspend all trade, dealings, and intercourse with
them, and will use every lawful means in our power to
prevent the inhabitants of said Island getting any Timber,
Plank, Iron, &c., from this Town. But as we are
unwilling to involve the innocent with the guilty, we
except, under particular restrictions, such of them as
have openly approved of the Association, and are willing
to adopt it.
And we do earnestly recommend to all the inhabitants
of this Township a strict observance of this suspension,
by having no dealings or intercourse with the inhabitants
of said Island till they retract their late conduct, and
join in the measures recommended by the Congress;
and Messrs. Matthias Baker, Samuel Force, William
Smith, John Noe, William Cutler, John Conway, John
Ross, and Jeremiah Manning, are appointed Inspectors
of the several Publick Landings to see that this Resolve
is strictly adhered to.
Signed by order of the Committee.
John Conway.
Clerk.
Woodbridge, February 20, 1775.
——————————
Council of New Jersey.
Proceedings of his Majesty's Council for the Province
of New Jersey, at a Session of the General Assembly of
the said Province, begun and holden at the City of Perth
Amboy, on Wednesday, the eleventh day of January, in
the fifteenth year of the reign of our Sovereign Lord
King George the Third, Anno Domini 1775.
Friday, January 13, 1775.
The House met. Present, David Ogden, James Parker,
Esquires, the Chief Justice, Daniel Coxe, John Lawrence,
and Francis Hopkinson, Esquires.
His Excellency came into the Council Chamber, and
having, by the Deputy Secretary, commanded the attendance
of the House of Assembly, the Speaker with the
House attended, when his Excellency was pleased to
make a Speech to both Houses. After which the Speaker,
with the House of Assembly, withdrew.
Wednesday, January 18, 1775.
The House met. Present, David Ogden, Esquire, the
Earl of Stirling, John Stevens, James Parker, Esquires,
the Chief Justice, Richard Stockton, Daniel Coxe, John
Lawrence, and Francis Hopkinson, Esquires.
His Excellency's Speech to both Houses, at the opening
of this session, being read.
Ordered, That Mr. Parker, Mr. Stockton and Mr. Hopkinson,
be a committee to prepare and bring in a draught
of an Address to his Excellency, in answer to the said
Speech.
Tuesday, January 24, 1775.
The House met. Present, David Ogden, John Stevens,
James Parker, Esquires, the Chief Justice, Richard Stockton,
Daniel Coxe, John Lawrence and Francis Hopkinson,
Esquires.
Mr. Parker, from the Committee to whom it was referred
to prepare and bring in a draught of an Address
to his Excellency, in answer to his Speech at the opening
of the session, reported that the said Committee had
prepared the draught of an Address, which he was ready
to report when the House would be pleased to receive
the same.
Ordered, That the said Report be made immediately.
Mr. Parker then read the said draught in his place,
and delivered it in at the table.
And the said draught having been again read, and
some amendments made thereto,
Ordered, That the said Address be engrossed.
Wednesday, January 25, 1775.
The House met. Present, Peter Kemble, David Ogden,
Esquires, the Earl of Stirling, John Stevens, James Parker,
Esquires, the Chief Justice, Richard Stockton, Daniel
Coxe, John Lawrence and Francis Hopkinson, Esquires.
The engrossed Address to his Excellency being read
and compared, was approved by the House.
Ordered, That the Speaker do sign the same.
Ordered, That Mr. Coxe and Mr. Hopkinson wait upon
his Excellency, and request to know when he will be
pleased to receive the Address of the House.
Mr. Coxe reported that Mr. Hopkinson and himself
had obeyed the order of the House, and that his Excellency
was pleased to say the House should hear from
him.
Thursday, January 26, 1775.
The House met. Present, Peter Kimble, David Ogden,
Esquires, the Earl of Stirling, John Stevens, James Parker,
the Chief Justice, Daniel Coxe, John Lawrence and
Francis Hopkinson, Esquires.
His Excellency came into the Council Chamber, and
having signified that he was ready to receive the Address
of this House, the House attended, and by their Speaker
presented the following Address, viz.:
To his Excellency William Franklin, Esquire, Captain- General,
Governour and Commander-in-Chief in and over Jiis
Majesty^s Province of New Jersey, and Territories thereon depending
in America, Chancellor and Vice Admiral in the
same, &c.
The humble Address of His Majesty's Council of the
said Province:
May it Please Your Excellency:— We his Majesty's most
dutiful and loyal subjects, the Council of the Province of
New Jersey, beg leave to return your Excellency our
thanks for your Speech at the opening of this session,
and to express our obligations for having given us so
early an opportunity of transacting the publick business ;
and that you have been pleased therein to consult our
convenience.
We agree with your Excellency 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 occasion,
to pass over in silence the present alarming transactions which are so much the object of publick attention;
and therefore beg leave to assure you, that, feeling ourselves
strongly influenced by zealous attachment to the
interests of Great Britain and her Colonies, and deeply
impressed with a sense of the important connection they
have with each other, we shall, with all sincere loyalty
to our most gracious Sovereign, and all due regard to the
true welfare of the inhabitants of this Province, endeavour
to prevent mischiefs 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 constitutional
rights of the people on the other, aim at restoring that
health of the political body, which every good subject
must earnestly desire.
Yonr Excellency may be assured that we will exert our
utmost influence, both in our publick and private capacities,
to restore that harmony between the parent state
and his Majesty's American Dominions, which is so
essential 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.
To which his Excellency was pleased to reply in the
words following, viz:
GENTLEMEN :— I heartily thank you for this Address.
Your sentiments concerning the present alarming transactions; your expressions of zealous attachment to the
interests of Great Britain and her Colonies; your promises
to exert your utmost influence to restore harmony
between them, and to preserve peace, good order, and a
dutiful submission to the laws, are such as evince your
loyalty to the most gracious of Sovereigns, and your regard
for the true welfare of the people. Their constitutional
rights will ever be found best supported by a strict
obedience to the laws and authority of Government.
Whenever that barrier is broken down, anarchy and
confusion, with all their attendant evils, will most assuredly
enter and destroy all the blessings of civil society.
Friday, February 10, 1775, 4 o'clock P. M.
The House met. Present — Peter Kemble, Esquire, the
Earl of Stirling, John Stevens, Esquire, the Chief Justice,
Richard Stockton, Stephen Skinner, and Daniel Coxe,
Esquires.
Mr. Coxe in his place acquainted the House that he had
received information that James Murdock, of the City of
Perth Amboy,Surgeon, had presumed to send a challenge
to one of the Members of this House, sitting as the General
Assembly of this Colony, and moved the House that
the said Member be called upon to produce the Letter
containing the said challenge.
Whereupon, by order of the House, the said Letter was
produced, and is in the words following, viz:
My Lord:— It is needless to repeat your Lordship's
behaviour last night. Mr. Murdock now desires of your
Lordship time and place to have the satisfaction of a
gentleman,
I am your Lordship's most obedient servant.
Jas. Murdock.
Friday morning.
Superscribed, "This to Lord Stirling."
Resolved unanimously. That the said Letter is a most
audacious insult to Lord Stirling; and that sending the
same to him during the sitting of General Assembly of
this Colony, is a daring contempt of the authority, and
a manifest violation of the rights and privileges of this
House.
Ordered, therefore, That the Speaker do issue his Warrant,
directed to the Sergeant-at-Arms, commanding him
to apprehend and bring the said James Murdock forthwith
before the House, to answer for the said contempt.
The House being informed that James Murdock was
attending at the door in custody of the Sergeant-at-Arms,
Ordered, That he be brought in.
And on his appearance before the House, and the said
Letter being shown to him, he acknowledged that he
wrote and sent the same as directed, and that he meant
it as a challenge; but said he had done it in the heat of
passion, that he was sensible he had done exceedingly
wrong, and was sorry for his indiscretion; and he was
ready to make such farther acknowledgments as the
House should be pleased to direct.
Ordered, That the Sergeant-at-Arms withdraw with the
said James Murdock, and that he remain in his custody
till farther orders.
Saturday, February 11, 1775.
The House met. Present, Peter Kemble, Esquire, the
Earl of Stirling, John Stevens, Esquire, the Chief Justice,
Richard Stockton, Stephen Skinner, and Daniel Coxe,
Esquires.
The House resumed the consideration of the Insult and
Breach of Privilege committed by James Murdock.
Resolved, That the said Murdock be brought up before
this House by the Sergeant-at-Arms, and that he receive
such reprimand and admonition from the Speaker, as the
nature of his offence requires; and that he be also commanded
to make such submission and acknowledgement
of his offence, as may be satisfactory as well to the House
as to Lord Stirling.
Whereupon, the said James Murdock was accordingly
brought before the House, in the custody of the Sergeant-at-
Arms, and being reprimanded and admonished did
declare his unfeigned sorrow for the insult by him offered
to the House, thanked the House for their lenity towards
him, and with the fullest acknowledgments of his submission
to the House, implored their pardon and forgiveness,
as well for the publick insult offered to them, as for
the affront to Lord Stirling.
Whereupon he was ordered to be discharged from custody,
on paying the accustomed Fees to the Sergeant-at-
Arms,
Monday, February 13, 1775.
The House met. Present, the Earl of Stirling, John
Stevens, Esquire, the Chief Justice, Stephen Skinner, and
Daniel Coxe, Esquires.
A Message from the House of Assembly, by Mr. Fisher
and Mr. Eldridge, informing this House that the House
of Assembly have no further business before this House,
and that the House have no objection to such application
being made for a dismission.
To which the Speaker answered that there was no further
business before this House, and that the House have
no objection to such application being made for a dismission.
Afternoon.
The House met. Present, the Earl of Stirling, John
Stevens, Esquire, the Chief Justice, Stephen Skinner and
Daniel Coxe, Esquires.
The Speaker, with the House of Assembly, came into
the Council Chamber, when the Deputy Secretary read
to both Houses his Majesty's Proclamation, proroguing
the General Assembly to Tuesday, the fourteenth day of
March next, then to meet at the City of Burlington.
——————————
Assembly of New Jersey
.
Votes and Proceedings of the General Assembly of the
Colony of New Jersey, at a session began at Perth Amboy,
on Wednesday, January 11, 1775, and continued until
the 13th day of February following, being the third session
of the twenty-second Assembly of New Jersey.
NAMES OF THE REPRESENTATIVES.
|
City of Perth Amboy — Cortland Skinner, Speaker, and
John Combs.
County of Middlesex — John Wetherill.
Monmouth — Edward Taylor and Richard Lawrence.
Essex — Stephen Crane and Henry Garritse.
Somerset — Hendrick Fisher and John Roy.
Bergen — Theunis Dey and John Demarest.
Morris — Jacob Ford and William Winds.
City of Burlington — James Kinsey and Thomas P.
Hewlings.
County of Burlington — Henry Paxson and Anthony
Sykes.
Gloucester — John Hinchman and Robert F. Price.
Salem — Grant Gibbon and Benjamin Holme.
Cape May — Jonathan Hand and Eli Eldridge.
Hunterdon — Samuel Tucker and John Mehelm,
Cumberland — John Sheppard and Theophilus Elmer.
Sussex — Nathaniel Pettit.
|
Perth Amboy, Wednesday, January 11, 1775.
Pursuant to his Excellency's several prorogations of
the General Assembly from time to time till this day, the
House met, and, for want of a sufficient number of Members
to proceed upon business, adjourned till to-morrow
morning, ten o'clock.
Thursday, January 12, 1775.
Tlie House met.
Ordered, That Mr. Kinsey and Mr. Combs do wait on
his Excellency and acquaint him that a sufficient number
of members to proceed upon business, are now met,
and are ready to receive anything he may please to lay
before them.
Mr. Kinsey reported that Mr, Combs and himself waited
on the Governor, pursuant to the order of the House, who
was pleased to say the House should hear from him.
Friday, January 13, 1775.
Mr. Kinsey laid before the House a duplicate of his
Majesty's allowance of the Act entitled "An Act for establishing the Boundary or Partition Line between the
Colonies of New York and Nova-Cæsarea or New Jersey, and for confirming the Titles and Possessions"
A Message from his Excellency, by Mr. Deputy Secretary
Pettit:
Mr. Speaker:— His Excellency is in the Council
Chamber, and requires the immediate attendance of this
House.
Whereupon Mr. Speaker left the Chair, and with the
House went to wait upon his Excellency; and being returned
Mr. Speaker resumed the Chair, and reported that
the House had waited on his Excellency, who was pleased
to make a Speech to the Council and House of Assembly,
of which Mr. Speaker said he had, to prevent mistakes,
obtained a copy, and the same, by order of the House,
was read, and is as follows, viz:
Gentlemen of the Council and Gentlemen of the Assembly:
Although not more than ten months have elapsed
since your last meeting in General Assembly; yet, as
there are several matters of importance which require
the particular attention of the Legislature, I have thought
it proper to give you as early an opportunity of transacting
the publick business, as was consistent with your conveniency.
Gentlemen of the Assembly:
The support of Government having been expired ever
since the first of October, I must recommend that matter
to your early consideration.
The Barrack-master's accounts for the expenditure of
the money granted last year for the supply of the King's
Troops, shall be laid before you as soon as they can be
prepared.
Gentlemen of the Council and Gentlemen of the Assembly:
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 neighboring Colonies,
or not endeavour to prevail on you to exert yourselves
in preventing those mischiefs to this country, which,
without your timely interposition, will in all probability,
be the consequence.
It is not for me to decide on the particular merits of
the dispute between Great Britain and her Colonies; nor
do I mean to censure those who conceive themselves
aggrieved, for aiming at a redress of their grievances; it
is a duty they owe themselves, their country and their
posterity. All that I wish to guard you against, is the giving
any countenance or encouragement to that destructive
mode of proceeding which has been unhappily adopted in
part by some of the inhabitants of this Colony: and has
been carried so far in others, as totally to subvert their
former Constitution. It has already struck at the authority
of one of the branches of the Legislature, in a
particular manner. And if you, gentlemen of the Assembly,
should give your approbation to transactions of
this nature, you will do as much as lies in your power to
destroy that form of Government of which you are an
important part, and which it is your duty, by all lawful
means, to preserve. To you your constituents have entrusted
a peculiar guardianship of their rights and privileges.
You are their legal Representatives, and you cannot,
without a manifest breach of your trust, suffer any
body of men, in this or any of the other Provinces, to
usurp and exercise any of the powers vested in you by
the Constitution. It behooves you particularly, who
must be constitutionally supposed 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 answerable for measures which may
have a tendency to involve them in difficulties far greater
than those they aim to avoid.
Besides, there is not, gentlemen, the least necessity,
consequently there will not be the least excuse for your
running any such risks on the present occasion. If you
are really disposed to represent to the King any inconveniences
you conceive yourselvs to lie under, or to make
any propositions on the present state of America, I can
assure you from the best authority, that such representations
or propositions will be properly attended to, and
certainly have greater weight coming from each Colony
in its separate capacity, than in a channel, of the propriety
and legality of which there may be much doubt.
You have now pointed out to you, gentlemen, two
roads, one evidently leading to peace, happiness and a
restoration of the publick tranquility, and the other inevitably
conducting you to anarchy, misery, and all the
horrours of a civil war. Your wisdom, your prudence,
your regard for the true interests of the people, will be
best known when you have shown to which road you
give the preference. If to the former, you will probably
afford satisfaction to the moderate, the sober, and the
discreet part of your constituents. If to the latter, you
will, perhaps, for a time, give pleasure to the warm, the
rash, and the inconsiderate among them, who, I would
willingly hope, violent as is the temper of the present
times, are not even now the majority. But it may
be well for you to remember, should any calamity
hereafter befall them from your compliance with their
inclinations, instead of pursuing as you ought, the dictates
of your own judgment, that the consequences of
their returning to a proper sense of their conduct, may
prove deservedly fatal to yourselves.
I shall say no more at present on this disagreeable subject,
but only to repeat an observation I made to a former
Assembly, on a similar occasion: "Every breach of the
Constitution, whether it proceeds from the Crown or the
People, is in its effects equally destructive to the rights
of both." It is the duty, therefore, of those who are
entrusted with Government, to be equally careful in
guarding against encroachments from the one as the
other. But it is, says one of the wisest of men, a most
infallible symptom of the dangerous state of liberty,
when the chief men of a free country show a greater
regard to popularity than to their own judgment.
Wm. Franklin.
Council Chamber, January 13, 1775.
Ordered, That his Excellency's Speech be read a second
time.
Saturday, January 14, 1775.
Ordered, That Mr. Wetherill, Mr. Crane, Mr. Fisher,
Mr. Taylor, Mr. Ford, Mr. Kinsey, Mr. Price, Mr. Tucker,
Mr. Sheppard and Mr. Hand be and they are hereby appointed
a Committee of Grievances, and they or any
three of them, may meet together at such times and
places as they or any three of them shall think proper
to appoint, either during the sitting of the Assembly, or
at any other time, and make report of their proceedings
to the House.
Monday, January 16, 1775.
His Excellency's Speech was read the second time, and
committed to a Committee of the Whole House.
Ordered, That the Committee sit to-morrow morning.
Tuesday, January 17, 1775,
The House, according to order, resolved itself into a
Committee of the Whole House on his Excellency's Speech,
and after some time spent therein, Mr. Speaker resumed
the Chair, and Mr. Fisher, Chairman of the Committee
reported that the Committee had made some progress in
the matters to them referred, and desired leave to sit
again, to which the House agreed.
Friday, January 20, 1775.
The House again according to order, resolved itself
into a Committee of the Whole House, on his Excellency's
Speech; and after some time spent therein, Mr.
Speaker resumed the Chair, and Mr. Fisher, Chairman
of the Committee, reported that they had made some farther
progress in the matters to them referred, and had
come to two Resolutions, which he was ready to report
whenever the House would please to receive the same,
and that the Committee desired leave to sit again.
Ordered, That the said Report be made immediately,
and that the Committee have leave to sit again.
Whereupon, Mr. Fisher reported the Resolutions of
the Committee as follows:
1. Resolved, That an humble Address be presented to
his Excellency, in answer to his Speech.
To which the House agreed.
2. Resolved, That the Government of this Colony be
honourably supported from the first day of October, 1774,
to the first day of October, 1775.
To which the House agreed.
Saturday, January 21, 1775.
The House again, according to order, resolved itself
into a Committee of the Whole House on his Excellency's
Speech; and after some time spent therein, Mr. Speaker
resumed the Chair, and Mr. Fisher, Chairman of the
Committee, reported that they had made some further
progress in the matters to them referred, and desired
leave to sit again; to which the House agreed.
Monday, January 23, 1775.
The House again, according to order, resolved itself
into a Committee of the Whole House on his Excellency's
Speech; and after some time spent therein, Mr. Speaker
resumed the Chair, and Mr. Fisher, Chairman of the
Committee, reported that they had made some further
progress in the matters to them referred, and desired
leave to sit again; to which the House agreed.
Ordered, That Mr. Wetherill, Mr. Kinsey, Mr. Fisher,
Mr. Lawrence and Mr. Crane, be a Committee to prepare
and bring in the draught of an Address to his Excellency,
in answer to his Speech.
Ordered, That Mr. Price, Mr. Tucker, Mr. Dey, Mr.
Sheppard, Mr Roy, Mr. Sykes, and Mr. Elmer, be a Committee
to bring in a Bill for support of Government.
Tuesday, January 24. 1775.
Mr. Crane and Mr. Kinsey laid before the House the
following Memorial, which was read, and is as follows, to
wit:
To the Honorable the House of Representatives of the Colony
of New Jersey, in General Assembly met:
Gentlemen:— We the subscribers, having been appointed
and requested by the Committees of the several
Counties in this Colony, including a majority of the
Members of your House, to represent the Colony of New
Jersey in the Continental Congress of Delegates from
the other American Colonies, at Philadelphia, in September
last, beg leave to report to the House that we attended
the said Congress, and did everything in our power to
answer the intention of our appointment; and hope and
trust that the Proceedings of the said Congress, which
we now lay before you for your consideration, will receive
your approbation, and have the desired effect in
producing that peace, happiness, harmony, and confidence,
between Great Britain and the Colonies, so
ardently wished for by all good men.
We are, gentlemen, your most obedient servants.
James Kinsey,
Stephen Crane,
|
William Livingston,
John DeHart
|
January 11, 1775.
Mr. Crane and Mr. Kinsey also laid before the House
the Proceedings of the Continental Congress, held at
Philadelphia, in September last, which were read. On
the question, whether the House approve of the said
Proceedings? It passed in the affirmative.
Resolved, That this House do unanimously approve of
the Proceedings of the Congress; such as are of the people
called Quakers, excepting only to such parts as seem
to wear an appearance, or may have a tendency to force,
(if any such there be,) as inconsistent with their religious
principles.
Resolved unanimously, That James Kinsey, Stephen
Crane, William Livingston, John DeHart, and Richard
Smith, Esquires, or any three of them, be and they are
hereby appointed to attend the Continental Congress of
the Colonies, intended to be held at the City of Philadelphia,
in May next, or at any other time and place; and
that they report their proceedings to the next session of
the General Assembly; instructing the said Delegates to
propose and agree to every reasonable and constitutional
measure for the accommodation of the unhappy differences
at present subsisting between our mother country
and the Colonies, which the House most ardenly wish
for.
The House also being informed, that at the Congress
held at Philadelphia, the 6th of September last, a motion
was made to give some of the Colonies a greater number
of votes in the determination of questions to be agitated
therein, than to others; and conceiving such motion to
be of dangerous consequence, do also instruct their Delegates
not to agree to a measure of that kind, unless it
should be agreed at the same time that no vote to be
taken on such principles shall, in future, be obligatory
on any Colonies whose Delegates do not consent thereto.
Ordered, That Mr. Speaker do transmit a copy of the
foregoing Resolutions to the Speakers of the Assemblies
of New York and Pennsylvania.
Resolved unanimously, That the Thanks of this House
be given to James Kinsey, Stephen Crane, William Livingston,
John De Hart, and Richard Smith, Esquires,
for their faithful and judicious discharge of the trust
reposed in them at the late Continental Congress.
Wednesday, January 25, 1775.
The House again, according to order, resolved itself
into a Committee of the Whole House on his Excellency's
Speech; and after some time spent therein, Mr. Speaker
resumed the Chair, and Mr. Fisher, Chairman of the
Committee, reported that they have gone through the
matters to them referred, and have came to one more
Resolution, which he was ready to report whenever the
House would please to receive the same.
Ordered, That the Report be made immediately.
Whereupon Mr. Fisher reported the Resolution of the
Committee, as follows:
Resolved, That an humble Petition be presented to his
most gracious Majesty, praying a redress of Grievances
under which this and the neighbouring Colonies now
labour; to which the House agreed.
Ordered, That Mr. Wetherill, Mr. Fisher, Mr. Ford, Mr.
Tucker, and Mr. Sheppard be a Committee to prepare
and bring in a Petition accordingly.
Friday, January 27, 1775.
Mr. Tucker, from the Committee appointed for that
purpose, brought in a Bill, entitled "An Act for Support
of Government of his Majesty's Colony of New Jersey,"
&c., which was read and ordered to a second reading.
Monday, January 30, 1775.
Mr. Wetherill, from the Committee appointed to prepare
the draught of an Address to his Excellency,
brought in a draught, which was read and ordered a
second reading.
Tuesday, January 31, 1775.
A Message from his Excellency, by the Deputy Secretary,
which was read, and is as follows:
Gentlemen:— I send you the Barrack-master's Accounts
of Expenses incurred for the repair of the Barracks
and supply of the King's Troops, including furniture,
bedding, &c., from June, 1773, to December, 1774,
by which you will see in what manner the money has
been expended, which I was authorized by law to draw
out of the Treasury for that service. There is a balance
remaining in my hands of about thirty-four Pounds,
eight Shillings and six Pence, Proclamation Money.
As the House had some objections last session to the
charge in Colonel Robertson's Account for Sheets furnished
the King's Troops, I directed the Barrack-master
not to pay that article of the Account, and to acquaint
the Colonel with the occasion. I now lay before you a letter
from the Colonel on that head, which appears to me to
contain so many just reasons why the charge ought to
be allowed by the Province, that I cannot but recommend
it to your particular consideration.
Wm. Franklin.
January 30th, 1775.
The Secretary also laid before the House the Accounts
mentioned in the Message.
Ordered, That his Excellency's Message have a second
reading.
The draught of an Address to his Excellency was read
the second time.
Ordered, That the same be referred to a Committee of
the Whole House,
Whereupon, the House resolved itself into a Committee
of the Whole House on the Address to his Excellency;
and after some time spent therein, Mr. Speaker resumed
the Chair, and Mr, Fisher, Chairman of the Committee,
reported that the Committee had gone through the Address
to his Excellency, and had made several amendments
thereto, which he was ready to report whenever
the House would please to receive the same.
Ordered, That the Report be made immediately.
Whereupon, Mr, Fisher reported the Address with several
amendments; and the same being read.
Ordered unanimously, That the said Address be engrossed.
Wednesday, February 1, 1775.
The engrossed Address to his Excellency was read and
compared.
Ordered, That Mr. Speaker do sign the same.
Ordered, That Mr. Kinsey and Mr, Combs do wait on
his Excellency, and desire to know when he will please
to be waited on by the House with their Address,
Mr, Kinsey reported that Mr, Combs and himself
waited on his Excellency with the Message of the House,
who was pleased to say the House should hear from him.
Friday, February 3, 1775.
A Petition was presented from a number of Inhabitants
of Nottingham, in the County of Burlington, praying the
House will take some measures to settle the unhappy
disputes between Great Britain and the Colonies, which
was read and ordered a second reading.
On motion made, it is the opinion of, and this House
do advise, that the present Committee of Correspondence
may draw any part of the sum of one thousand Pounds,
made subject to their order by an Act passed at the last
session,not exceeding three hundred Pounds, to pay the
expenses of the Delegates appointed by this House to
attend the intended Congress and that this House will
allow thereof.
A Message from his Excellency, by Mr. Deputy Secretary
Pettit:
Mr. Speaker:— His Excellency is in the Council
Chamber, and ready to receive the Address of the House.
Whereupon, Mr. Speaker left the Chair, and with the
House went to wait upon his Excellency; and being returned,
Mr. Speaker resumed the Chair, and reported
that the House had waited on his Excellency with their
Address, in these words, viz:
To his Excellency William Franklin, Esquire, Captain General,
Governour, and Commander-in-Chief in and over the
Colony of New Jersey, and Territories thereon depending in
America, Chancellor and Vice Admiral in the same, &c:.
The Humble Address of the Representatives of said
Colony, in General Assembly convened:
May it Please Your Excellency:— We his Majesty's
loyal and dutiful subjects, the Representatives of this
Colony of New Jersey, in General Assembly convened,
have taken into our consideration your Excellency's
Speech at the opening of the present session. We should
have been glad that your Excellency's inclinations to
have given us as early an opportunity of transacting the
publick business, as was consistent with our "convenience,"
had determined in a manner more agreeable to
your design, and more favourable to us, than it really
has done on the present occasion. If the Petitions which
we understand have been presented to you, had been
granted, we should have had a meeting more convenient
to us than the present, and that meeting, perhaps, would
have prevented some of those "alarming transactions"
which your Excellency's apprehension of your duty leads
you to inform us as having happened in this Colony.
We thank you for your intention to oblidge us; but that
it may not be so entirely frustrated in future, permit us
to inform you it would be much the most agreeable to
us, that the meeting of the House to do publick business,
should not be postponed to a time later than when the
Bill for the support of Government expires.
We are sorry to hear that in your Excellency's opinion,
there has been of late any "alarming transactions" in
this and the neighbouring Colonies, our consent to, or
approbation of which, may lead the good people we represent
into "anarchy, misery, and all the horrours(sic) of a civil
"war." It is true you are pleased to tell us that this
destructive mode of proceeding has been adopted but
"in part" by some of the inhabitants of this Colony.
We assure you that we neither have nor do intend to
give our approbation to measures destructive to the welfare
of our constituents, and in which we shall be equally
involved with them; their interests and our we look
upon as inseperable. No arguments are necessary to
prevail on us to endeavour to prevent such impending
calamities; and if we should, at any time, mistake our
duty so much, we hope your regard to the people will induce
you to exert the prerogative, and thereby give them
the choice of other Representatives, who may act with
more prudence. The uncertainty, however, to what
"alarming transactions" in particular you refer, renders
it sutticient 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 excellent form of Government under which
we at present live; and that we neither intend to usurp
the rights of others, nor suffer any vested in us by the
Constitution, to be wrested out of our hands by any
person or persons whatsoever.
We sincerely lament the unhappy differences which at
present subsist between Great 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 hope is not far off;
and though we cannot perceive how the seperate Petition
of one Colony is more likely to succeed than the united
Petitions of all; yet in order to show our desire to promote
so good a purpose by every proper means, we shall
make use of the mode pointed out by your Excellency,
in hopes it will meet with that attention which you are
pleased to assure us will be paid to the Representatives
of the people.
We have already resolved to support his Majesty's
Government; and we beg leave to assure your Excellency,
that though we are warmly attached to that
liberty which, as subjects of our august Monarch, we
apprehend ourselves to be justly entitled to, and firmly
resolved to preserve it by every constitutional means in
our power, yet we shall, with pleasure, lay hold of every
proper occasion to manifest that loyalty to his person,
and regard to the Constitution, which, as subjects and
freemen, can be reasonably expected from us.
By order of the House.
Cortland Skinner,
Speaker.
House of Assembly, February 1, 1775.
To which his Excellency was pleased to make the following
Answer:
Gentlemen:— Were I to give such an answer to your
Address as the peculiar nature of it seems to require, I
should be necessarily led into the explanation and discussion
of several matters and transactions, which, from
the regard I bear to you and the people of this Colony. I
would far rather have buried in perpetual oblivion. It
is, besides, in vain now to argue on the subject, as you
have, with a most uncommon and unnecessary precipitation,
given your entire approbation to that destructive
mode of proceeding which I so earnestly warned you
against.
Whether, after such a resolution, the Petition you mention
can be reasonably expected to produce any good
effect; and whether you or I have best consulted the true
interests of the people on this important occasion, I shall
leave others to determine. You may be assured, however,
that the advice which I gave you was totally uninfluenced
by any sinister motive whatever. It came from
an heart sincerely devoted to my native country, whose
welfare and happiness depend, as I conceive, upon a plan
of conduct very different from what has been hitherto
adopted.
Saturday, February 4, 1775.
The Bill for the support of Government was read the
second time; whereupon, the House resolved itself into a
Committee of the Whole House on the said Bill for support
of Government; and, after some time spent therein, Mr,
Speaker resumed the Chair, and Mr. Crane, Chairman of
the Committee, reported that the Committee had made
some progress in the matters to them referred, and desired
leave to sit again; to which the House agreed.
Monday, February 6, 1775.
The House again, according to order, resolved itself
into a Committee of the Whole House on the Bill for the
support of Government; and after some time spent
therein, Mr. Speaker resumed the Chair, and Mr, Crane,
Chairman of the Committee, reported that the Committee
had gone through the matters to them referred, and
had come to several Resolutions, which he was ready to
report whenever the House would please to receive the
same.
Ordered, That the said Report be made immediately.
Whereupon Mr. Crane reported the Resolutions of the
Committee, as follows, viz:
1. Resolved, That in and by the said Bill when passed
into a law, there be paid to his Excellency William
Franklin, Esq., Governour of this Colony, at the rate of
twelve hundred Pounds per annum. Proclamation
Money, to commence the first day of October last.
And on the question, whether the House agreed to the
said sum or not?
It passed in the affirmative, as follows:
Yeas—
Mr. Crane,
Hewlings,
Garritse,
Hinchman,
Fisher,
Eldridge,
|
Roy,
Tucker,
Dey,
Mehelm,
Deraarest,
Sheppard,
|
Ford,
Elmer,
Winds,
Pettit,
Kinsey
|
Nays—
Mr. Combs,
Wetherill,
|
Taylor,
Lawrence,
|
Sykes,
Hand.
|
who voted for £1000.
2. To David Ogden, Esquire, Second Justice of the Supreme Court of this Colony at the rate of One hundred and fifty Pounds per annum, money aforesaid.
Abd on the question,k whether the House agrees thereto or not?
It passed in the affirmative, as follows:
Yeas—
Mr. Crane,
Fisher,
Roy,
Demarest,
Ford,
|
Kinsey,
Hewlings,
Sykes,
Hinchman,
|
Mehelm,
Sheppard,
Elmer,
Pettit
|
Nays—
Mr. Combs,
Wetherill,
Taylor,
Lawrence,
|
Garritse,
Dey,
Wind,
|
Hand,
Eldridge,
Tucker.
|
who voted for £100.
3. To Richard Stockton, Esquire, Third Justice ofthe Supreme Court of this Colony, at the rate of One hundred and fifty Pounds per annum, money aforesaid.
And on the question, whether the House agrees thereto or not?
It passed in the affirmative as follows:
Yeas—
Mr. Crane,
Fisher,
Roy,
Demarest,
Ford,
|
Kinsey,
Hewlings,
Sykes,
Hinchman,
|
Mehelm,
Sheppard,
Elmer,
Pettit.
|
Nays—
Mr. Combs,
Wetherill,
Taylor,
|
Garritse,
Dey,
Winds,
|
Hand,
Eldridge,
Tucker,
|
who voted for £100.
4. To Cortland Skinner, Esq., Attorney General of this
Colony, at the rate of forty Pounds per annum, money
aforesaid.
And on the question, whether the House agrees thereto
or not?
It passed in the affirmative, as follows:
Yeas—
Mr. Crane,
Garritse,
Fisher,
Roy,
Demarest,
|
Ford,
Winds,
Kinsey,
Hewlings,
Sykes,
|
Hinchman,
Mehelm,
Elmer,
Pettit.
|
Nays—
Mr. Combes,
Wetherill,
Taylor,
|
Lawrence,
Dey,
Hand,
|
Eldridge,
Tucker,
Sheppard,
|
who voted for £30.
5. To Samuel Smith, and John Smith, Esquires, Treasurers of this Colony, each at the rate of forty Pounds per annum, money aforesaid.
To which the House agreed.
6. To the Clerk of Counmcil for the time being, at the rate of thirty ounds per annum, money aforesaid.
To which the House agreed.
7. To the Agent of this Colony for the time being, at
the rate of one hundred Pounds per annum, money
aforesaid.
To wliich the House agreed.
8. To the Clerk of the Circuits for the time being, residing
in this Colony, the sum of twenty Pounds per
annum, money aforesaid.
To which the House agreed.
9. To the Doorkeeper of the Council of this Colony, at
rate of ten Pounds per annum, money aforesaid.
To which the House agreed.
10. To his Excellency William Franklin, Esquire, at
the rate of sixty Pounds per annum, money aforesaid,
for house rent, provided he makes Perth Amboy or Burlington
the place of his residence.
To which the House agreed.
11. To the Justice or Justices of the Supreme Court of
this Colony for attending the Circuit Courts, and Courts
of Oyer and Terminer in the manner prescribed by the
said Act, the sum of ten Pounds for each time.
To which the House agreed.
12. To each of the Council for the time being, for the
time they may attend at any sitting of the General Assembly
within the time, eight Shillings per day.
On the question, whether the sum be eight Shillings
or six Shillings? It was carried for eight Shillings, as
follows, viz.:
For Eight Shillings per Diem—
Mr. Crane,
Garritse,
Fisher,
Roy,
Dey,
|
Demarest,
Ford,
Winds,
Kinsey,
|
Hewlings,
Mehelm,
Elmer,
Pettit.
|
For Six Shillings per Diem—
Mr. Combs,
Wetherill,
Taylor,
Lawrence,
|
Sykes,
Hinchman,
Hand,
|
Eldridge,
Tucker,
Sheppard.
|
13. Jonathan Deare, one of the Clerks of the House of
Representatives, or any other Clerk for his attendance,
the sum of ten Shillings per day, for the time he hath or
shall attend at any sitting of the General Assembly,
during the continuance of this Act, and also the sum of
four Pence per sheet, reckoning ninety words to the sheet,
for entering the Minutes of any sitting during the continuance
of this Act, fair in the Journals, and copying the
Laws and Minutes for the Printer; and to the said Jonathan
Deare, the sum of twelve Pounds, for Pen, Ink and
Paper, and hiring Clerks to forward the business of this
session.
To which the House agreed.
14. To Charles Pettit, Esq., Deputy Secretary, or to the
Deputy Secretary for the time being, for copying publick
Laws to send home to England, during the continuance
of this Act, four Pence per sheet, reckoning ninety words
to the sheet.
To which the House agreed.
15. To each of the Treasurers of this Colony, six Pence
per Pound for exchanging ragged and torn Bills of Credit
of this Colony.
To which the House agreed.
16. To Isaac Collins, or any other Printer hereafter to
be appointed, for printing the Minutes of the House of
Representatives, of any sitting during the continuance of
this Act, and for printing the Laws passed at any sitting
as aforesaid, or any other printing, such sums as Hendrick
Fisher, Stephen Crane, James Kinsey, and Thomas Polgreen
Hewlings, Esquires, or any two of them shall agree
to be paid for the said service.
To which the House agreed.
17. To the Sergeant-at-Arms for the time being, who
shall attend the Council, the sum of three Shillings per
diem; and to the Sergeant-at-Arms who shall attend the
House of Representatives, the sum of three Shillings per
diem.
To which the House agreed,
18. To the Doorkeeper of the House of Representatives
for the time being, who shall attend the House in manner
aforesaid, the sum of three Shillings and six Pence
per diem.
To which the House agreed.
19. To the Speaker and every of the Members of the
House of Representatives for the time each of them shall
attend at any sitting of the General Assembly, during
the continuance of this Act, eight Shillings per diem.
On the question, whether the sum be eight Shillings
or Six Shillings per diem? It was carried for eight shillings
as follows, viz.:
For Eight Shillings per Diem—
Mr. Crane,
Garritse,
Fisher,
Roy,
Dey,
|
Demarest,
Ford,
Winds,
Kinsey,
|
Hewlings,
Mehelm,
Elmer,
Pettit.
|
For Six Shillings per Diem—
Mr. Combs,
Wetherill,
Taylor,
Lawrence,
|
Sykes,
Hinchman,
Hand,
|
Eldridge,
Tucker,
Sheppard.
|
Ordered, That the Bill for support of Government, as
reported and agreed to, be engrossed.
Tuesday, February 7, 1775.
On motion made.
It is ordered by the House, that the late Treasurer do
appear before the House at ten o'clock to-morrow morning,
in order that they may inquire of him concerning
the deficiency reported due from him to the Province;
and that a copy of this order be served on him immediately.
The House took into consideration his Excellency's
Message, of the 30th day of January last, which was read,
together with Colonel Robertson's Letter, and his Account,
&c., whereupon, after some debate.
Resolved, That this House will not allow the charge for
Sheets, as charged in Colonel Robertson's Account.
Ordered, That Mr. Mehelm, and Mr. Hewlings, do wait
on his Excellency and inform him that the House have
taken his Message of 30th day of January last, relating
to the charge made by Colonel Robertson, of three hundred
and fifty-four Pounds, seven Shillings and six
Pence, for Sheets furnished the King's Troops in this
Colony, and the balance in his hands of thirty-four
Pounds, eight Shillings and six Pence, into their consideration.
That the House beg leave to acquaint his Excellency
that they cannot allow of the charge so made, it being
new, uncommon, and never allowed of by this Colony;
and that the House requests his Excellency will be
pleased to pay the balance in his hands to the Eastern
Treasurer.
Wednesday, February 8, 1775.
A Letter was presented to the House from the Honourable
Stephen Skinner, Esquire, which, by order of the
House, was read, and is as follows, viz.:
Mr. Speaker:— The Message of the House, ordering
the late Treasurer to attend this day at ten o'clock, to inquire
of him the deficiency of the Treasury, I have received; but as I have the Honour to be one of his Majesty's
Council, I can't possibly attend till such time as I
have laid the order before the Council, which I shall immediately
do upon their meeting.
As the order is to inquire concerning the deficiency of
the Treasury, I can assure the House, had I been apprized
of their wanting the publick money, I should
have taken care that the whole should have been in the
Treasury for their inspection; but as I have amply secured
the Treasurer, I shall take care that he shall have
the whole amount of the bond I have given him within
the time appointed for cancelling the publick money.
I am., with great respect, yours and the House's most
humble servant,
Stephen Skinner.
February 8, 1775.
The Petition from a number of Inhabitants of Nottingham,
in the County of Burlington, praying the
House will take some measures to settle the unhappy
differences between Great Britain and the Colonies, was
read the second time; on the question.
Ordered, That the same be referred to the Committee
appointed to prepare a Petition to his Majesty.
Thursday, February 9, 1775.
The House met.
It appearing to the House, from the Report of the Committees
appointed to settle the Accounts of the Eastern
Treasury, that there ought to be therein upward of twenty
thousand Pounds, and the House being informed by the
Eastern Treasurer that there is therein upward of fifteen
thousand Pounds, great part of which is in Gold and
Silver, and the Bills of Credit of this Colony, in order
that the Colony may be secured from accidents, Mr. Kinsey
moves that leave be given to bring in a Bill for that
purpose, and that a Committee be appointed to consider
of ways and means to effect it; and the previous question
being put, whether the question be put on the said
motion or not?
It passed in the negative.
Yeas—
Mr. Combs,
Wetherill,
|
Taylor,
Kinsey,
|
Tucker,
Melhelm.
|
Nays—
Mr. Lawrence,
Crane,
Garritse,
Fisher,
Roy,
Dey,
|
Demarest,
Ford,
Winds,
Hewlings,
Sykes,
|
Hinchman,
Hand,
Eldridge,
Sheppard,
Pettit.
|
On motion, made by Mr. Tucker,
Resolved, nem. con., That there is a large deficiency in the Eastern Treasury of the moneys which either ought to be therein, or ought to have been cancelled and burned some time past; and that it is a manifest breach of duty for any Treasurer of this Colony to apply any such publick money to any private purposes whatsoever.
John Smyth, Esquire, desiring to attend the House, was called in, and informed the House that he had entered into a new Bond with securitites, for the true and faithful execution of his office as Treasurer of the Eastern Division, and desired to have the sentiments of the House as to the sufficiency of his securities, and that his former Bond may be cancelled:
Whereuponh he said Bond was read; and on the question,
Resolved, nem. con., That in the opinion of this House, his said securities are very sufficient, and that his former Bond may and ought to be cancelled.
The engrossed Bill, entitled An Act for suport of Government of his Majesty's Colony of New Jersey, to commence the 1st day of October, 1774, and to end the 1st day of October, 1775, and to discharge the Publick Debts and Contingent Charges thereof, was read and compared; on the question,
Resolved, That the same do pass.
Friday, February 10, 1775.
The House being informed that Dr. James Murdock
did, this day, send a challenge to one of the Members of
this House, which was delivered in the House, and an
answer insolently demanded; the House taking the same
into consideration,
Resolved unanimously, That the challenging a Member
of this House is a contempt and breach of the privileges
of this House:
Ordered, therefore, That Mr. Speaker do issue his Warrant
to the Sergeant-at-Arms, immediately to take the
said Doctor James Murdock, and bring him to the Bar
of the House for the contempt aforesaid.
The Sergeant-at-Arms attended with Dr. James Murdock
at the Bar of the House, who, being there examined,
confessed his sending a challenge to a Member of this
House; that he knew the gentleman to be a Member of
the House, but did not apprehend it an insult to the
House, and was extremely sorry for it, and declared his
sorrow for writing the said letter, and his ignorance of
the consequences, and hoped the favour of the House:
Whereupon, the Sergeant-at-Arms being ordered to
withdraw with his prisoner, the House took the matter
into consideration, and the Member injured moving that
the said Doctor Murdock's acknowledgements might be
accepted by the House; after some debate,
Ordered, That the said Doctor James Murdock do humbly
ask pardon of this House, in general, and the Member
in particular; that he be thereupon reprimanded by
the Speaker, and that he then be discharged on payment
of his Fees.
Whereupon the said Doctor Murdock did humbly ask
pardon of the House, and the Member in particular;
and being reprimanded by the Speaker,
Ordered, That he be discharged on payment of his
Fees.
Saturday, February 11, 1775.
Mr. Wetherill, from the Committee appointed to prepare
a draught of a Petition to his Majesty, brought in
a draught, which, by order of the House, was read and
ordered to a second reading.
The draught of the Petition to his Majesty was read
the second time.
Ordered, That the same be committed to a Committee
of the Whole House.
Whereupon the House accordingly resolved itself into
a Committee of the Whole House, on the Petition to his
Majesty; and after some time spent therein, Mr. Speaker
resumed the Chair, and Mr. Fisher, Chairman of the
Committee, reported that the Committee had made some
progress in the matters to them referred, and desired
leave to sit again; to which the House agreed.
Monday, February 13, 1775.
The House taking into consideration the state of the
Debt due to this Colony from Lord Stirling, and it appearing
that Mrs. Mary Verplank hath a mortgage upon
the same Lands, prior to that given to the late Treasurer,
Ordered, That Mr. Fisher, Mr. Crane, and Mr. Lawrence,
or any two of them, do wait on Lord Stirling, and
endeavour to procure security for the Debt due to the
Colony.
The House again, according to order, resolved itself
into a Committee of the Whole House, on the Petition
to his Majesty; and after some time spent therein, Mr.
Speaker resumed the Chair, and Mr. Fisher, Chairman
of the Committee, reported that the Committee have gone
through the said Petition, and made several amendments
thereto, which he was ready to report whenever
the House would be pleased to receive the same.
Ordered, That the Report be made immediately.
Whereupon Mr. Fisher reported the said Petition and
amendments, which being read and agreed to by the
House, on the question.
Ordered, That the same be engrossed.
Mr, Fisher and Mr. Lawrence reported that they had
waited on Lord Stirling, pursuant to the order of the
House, who informed them that he could not give the
Province other security, unless a general mortgage, but
that in four or five months the matter should be settled.
Ordered, That Mr. Fisher and Mr. Eldridge do go to
the Council and inquire whether they have any business
before them; if not, that this House proposes to apply to
his Excellency for a dismission.
Mr. Fisher reported that Mr. Eldridge and himself
went to the Council according to order, who said they
had no business before them.
The engrossed petition to his Majesty was read and
compared, and is as follows:
To the King's most Excellent Majesty:
Most Gracious Sovereign:— We, your Majesty's most
dutiful and loyal subjects, the Representatives of the
Colony of New Jersey, in General Assembly convened,
beg leave to approach your royal presence to express our
unfeigned attachment to your Majesty's person, family,
and Government, and to return you our most humble
thanks for your gracious assurance, signified to us by our
Governour, that "the representations or propositions of
your Colonies will be attended to."
Firmly persuaded of your Majesty's solicitude for the
happiness of your subjects in the remotest parts of your
Dominions from the above gracious assurance, we cannot
but encourage ourselves in the prospect of your royal
interposition for our relief from the grievances under
which your American subjects have been so long labouring.
We do, with the greatest sincerity, assure your Majesty
that our complaints do not arise from a want of loyalty
to your royal person, or a disposition to withdraw ourselves
from a constitutional dependence on the British
Crown, but from well grounded apprehensions that our
rights and liberties are intimately affected by the late
measures, in their consequences pernicious to the welfare
and happiness both of Great Britain and your Majesty's
Colonies.
The Grievances of which we complain are:
A Standing Army has been kept in these Colonies ever
since the conclusion of the late war, without the consent
of our Assemblies; and this Army, with a considerable
Naval Armament, has been employed to enforce the collection
of Taxes.
The authority of the Commander-in-Chief, and, under
him, of the Brigadiers General, has, in time of peace,
been rendered supreme in all the Civil Governments of
America.
The Commander-in-Chief of all your Majesty's Forces
in North America has, in time of peace, been appointed
Governour of a Colony.
The charges of usual Officers have been greatly increased,
and new, expensive, and oppressive Offices have
been multiplied.
The Judges of Admiralty and Vice Admiralty Courts
are empowered to receive their salaries and fees from the
effects condemned by themselves.
The Officers of the Customs are empowered to break
open and enter houses without the authority of any Civil
Magistrate, founded on legal information.
The Judges of Courts of Common Law have been made
entirely dependent on one part of the Legislature for their
salaries, as well as for the duration of their commissions.
Counsellors, holding their commissions during pleasure,
exercise Legislative authority.
The Agents of the People have been discountenanced,
and Governours have been instructed to prevent the payment
of their salaries.
Assemblies have been frequently and injuriously dissolved,
and Commerce burdened with many useless and
oppressive restrictions.
By several Acts of Parliament, made in the fourth,
fifth, sixth, seventh and eighth years of your Majesty's
reign. Duties are imposed on us for the purpose of raising
a Revenue; and the powers of Admiralty and Vice
Admiralty Courts are extended beyond their ancient
limits, whereby our property is taken from us without
our consent; the Trial by jury, in many civil cases, is
abolished; enormous Forfeitures are incurred for slight
offences; vexatious Informers are exempted from paying
damages to which they are justly liable, and oppressive
Security is required from owners, before they are allowed
to defend their rights.
Both Houses of Parliament have resolved that the
Colonies may be tried in England for offences alleged to
have been committed in America, by virtue of a Statute
passed in the thirty-fifth year of Henry the Eighth; and,
in consequence thereof, attempts have been made to
enforce that Statute.
A Statute was passed in the twelfth year of your
Majesty's reign, directing that persons charged with
committing any offence therein described, in any place
out of the Realm, may be indicted and tried for the
same in any Shire or County within the Realm, whereby
inhabitants of these Colonies may, in sundry cases, by
that Statute made capital, be deprived of a trial by their
peers of the vicinage.
In the last session of Parliament an Act was passed
for blocking up the Harbour of Boston; another empowering
the Governour of Massachusetts Bay to send
persons indicted for murder, in that Province, to another
Colony, or even to Great Britain, for trial, whereby such
offenders may escape legal punishment; a third, for altering
the Chartered Constitution of Government in that
Province; and. a fourth, for extending the Limits of
Quebec, abolishing the English and restoring the French
Laws, whereby great numbers of British freemen are
subject to the latter, and establishing an absolute Government
and the Roman Catholick Religion throughout
those vast regions that border on the Westerly and Northerly
boundaries of the free Protestant English settlements; and a fifth, for the better providing suitable quarters
for Officers and Soldiers in his Majesty's service in
North America.
To a Sovereign, who "glories in the name of Briton,"
the bare recital of these Acts must, we presume, justify
the loyal subjects who fly to the foot of his Throne, and
implore his clemency for protection against them.
Although all the grievances above enumerated do not
immediately affect the people of this Colony, yet as, in
their consequences, they will be deeply involved, we
cannot remain silent and unconcerned.
Should our properties be liable to the disposal of those
of our fellow-subjects in whose election we have no voice,
we conceive it evident that we have no property but at
their will and pleasure.
And should we be carried for trial to places where it
is impossible for the accused to compel the appearance of
his witnesses, innocence will be no security from punishment.
Nor is the jurisdiction lately given to the Courts of
Admiralty, which deprive your Majesty's American subjects
of Trial by Juries of the vicinage, less repugnant
to the fundamental principles of the Common law.
All which necessarily tend to reduce us to a state of
servitude, from which our affection for the English Constitution,
and duty to ourselves and our posterity, loudly
call upon us to avert, by all lawful means in our power.
The Colony of New Jersey, during the late glorious
war, though not immediately affected, because surrounded
by your Majesty's other more extensive and opulent
Colonies, complied with every royal requisition for aid,
and cheerfully exerted itself, at a very considerable expense,
whereby it incurred a heavy debt, under a great
part of which it at present labours.
And as this Colony hath always, according to its
ability, cordially defrayed the charge of the administration
of justice, and the support of the Civil Government,
your Majesty may be assured, that it will ever be
ready, not only to defray the same charge, but also to
contribute when constitutionally required, to every reasonable
and necessary expense, for the defence, protection
and security of the whole British Empire.
We do solemnly, and with great truth, assure your
Majesty that we have no thoughts injurious to the
allegiance which, as subjects, we owe to you as our Sovereign;
that we abhor the idea of setting ourselves up in
a state of independency, and that we know of no such
design in others. We therefore most earnestly beseech
your Majesty to interpose your royal authority for the
redress of the above grievances, and to vouchsafe us a
gracious answer to this our humble Petition.
That the Omnipotent Being, "by whom Kings reign
and Princes decree justice," and who hath placed your
Majesty on the throne of your ancestors, to which they
were called by the suffrage of a free people, to protect
them against Popery and arbitrary power, may bless you
with every felicity, both temporal and eternal, and that
the Colonies may vie with the most faithful of your subjects,
in every dutiful and loyal attachment to your royal
person, family and Government, is, and always will be,
the sincere and fervent prayer of your Majesty's loyal
and dutiful subjects, the Representatives of the Colony
of New Jersey.
House of Assembly, February 13, 1775.
On the question, whether the Speaker do sign the
same ?
It passed in the affirmative, as follows:
Yeas—
Mr. Combs,
Roy,
Hand,
Wetherill,
Dey,
Eldridge,
Taylor,
|
Demarest,
Tucker,
Lawrence,
Ford,
Mehelm,
Crane,
Winds,
|
Elmer,
Garritse,
Sykes,
Pettit,
Fisher,
Hinchman.
|
Nays—
Ordered, That the Speaker do sign the same.
Mr. Speaker dissenting from the Petition to the King, requested as a favour, that his dissent might be entered in the Journals of the House; and on the question whether the same to be entered or not?
It passed, as follows:
Yeas—
Mr. Lawrence,
Ford,
Garritse,
Kinsey,
|
Fisher,
Hewlings,
Roy,
Mehelm,
|
Dey,
Demarest,
Pettit.
|
Nays—
Mr. Combs,
Hinchman,
Wetherill,
Hand,
|
Taylor,
Crane,
Eldridge,
Tucker,
|
Winds,
Sykes,
Elmer.
|
The votes being equal, Mr. Speaker gave his voice in the affirmative.
Ordered, That the same be entered accordingly.
Ordered, That the Committee of Correspondence do transmit the said Petition to the Agent, by the first opportunity.
Mr. Deputy Secretary Pettit then, by Writ, prorogued the House to Tuesday, the fourteenth day of March next, then to meet at Burlington.
——————————
Cumberland County Committee.
Cumberland County, N. J., March 6, 1775.
The Committee of the County of Cumberland, in New
Jersey, met at Bridgetown; and after reading the Association
of the American Congress, it appeared by the
voluntary declaration of Silas Newcomb, Esquire, a
Member of the Committee, that he had contravened the
same, and in open violation of the Third Article of the
aforesaid Association had drank East India Tea in his
family ever since the first day of March instant, and that
he is determined to persist in the same practice. After
much time spent in vain to convince Mr. Newcomb of
his errour it was agreed that it is the duty of this Committee
agreeable to the Eleventh Article of the above
mentioned compact to break off all dealings with him
and in this manner publish the truth of the case, that
he may be distinguished from the friends of American
liberty.
By order of the Committee.
Thomas Ewing,
Clerk.
Cumberland, New Jersey.
Whereas, Silas Newcomb, Esquire, was in March last
advertised by the Committee of said County for a breach
of the Association of the Continental Congress, and having
since manifested a desire of making a public acknowledgement
for his former misconduct, the Committee
accepted of the following recantation, viz:
"I, the subscriber, do hereby publickly acknowledge
my former errour, and voluntarily confess myself to
blame for obstinately refusing to submit to a majority of
the Committee; and I do hereby ask pardon of the
Members of the Committee for the abuses offered them
and promise for the future to regulate my conduct agreeable
to the aforesaid Association and a majority of said
Committee.
"Witness my hand the 11th day of May, 1775.
"Silas Newcomb"
Published by order of the Committee.
Thomas Ewing,
Clerk.
——————————
Freehold, Monmouth County, Committee.
Freehold, March 6, 1775.
Although the Committee of Observation and Inspection
for the Township of Freehold, in the County of Monmouth,
New Jersey, was constituted early in December last and
the members have statedly and assiduously attended to
the business assigned them ever since, yet they have
hitherto deferred the publication of their institution, in
hopes of the general concurrence of the other Townships
in the choice of a new County Committee, when one publication
might have served for the whole; but finding
some of them have hitherto declined to comply with the
recommendation of the General Congress in that respect,
and not knowing whether they intend it at all, they judge
it highly expedient to transmit the following account to
the Press, lest their brethren in distant parts of the
Colony should think the County of Monmouth altogether
inactive at the present important crisis.
"In pursuance of the recommendation of the Grand
Continental Congress and for the preservation and support
of American freedom, a respectable body of the
Freeholders Inhabitants of the Township of Freehold,
met at Monmouth Court House on Saturday, December
10th, 1774, and unanimously elected the following
gentlemen to serve as a Committee of Observation and
Inspection for the said Town, viz.: John Anderson,
Esquire, Captain John Covenhoven, Messrs. Peter Forman,
Hendrick Smock, Asher Holmes, David Forman
and John Forman, Doctor Nathaniel Scudder, and Doctor
Thomas Henderson, who were instructed by their
constituents to endeavour to the utmost of their knowledge
and power to carry into execution the several
important and salutary measures pointed out to them by
the American Congress; and without favour or affection
to make all such diligent inquiry as shall be found conducive
to the accomplishment of the great and necessary
purposes held up by them to the attention of America"
At an early meeting of said Committee, a pamphlet
entitled Free Thoughts on the Resolves of the Congress by
A. W. Farmer, was handed in to them and their opinion
of it asked by a number of their constituents then present.
Said pamphlet was then read, and upon mature deliberation
unanimously declared to be a performance of the
most pernicious and malignant tendency; replete with
the most specious sophistry but void of any solid or
rational argument; calculated to deceive and mislead
the unwary, the ignorant, and the credulous; and designed
no doubt by the detestable author to damp that
noble spirit of union, which he sees prevailing all over
the Continent, and if possible to sap the foundations of
America freedom. The pamphlet was afterwards handed
back to the people, who immediately bestowed upon it a
suit of tar and turkey-buzzard's feathers; one of the
persons concerned in the operation justly observing that
although the feathers were plucked from the most stinking
fowl in the creation he thought they fell far short of.
being a proper emblem of the author's odiousness to
every advocate for true freedom. The same person
wished, however, he had the pleasure of fitting him
with a suit of the same materials. The pamphlet was then
in its gorgeous attire, nailed up firmly to the pillory
post, there to remain as a monument of the indignation
of a free and loyal people against the author and vendor
of a publication so evidently tending both to subvert the
liberties of America and the Constitution of the British
Empire.
At a subsequent meeting of said Committee it was resolved
unanimously that on account of sundry publications
in the pamphlet way by James Rivington, Printer,
of New York, and also a variety of weekly productions
in his paper blended, in general with the most glaring
falsehoods, disgorged with the most daring effrontery,
and all evidently calculated to disunite the Colonies and
sow the seeds of discord and contention through the
whole Continent, they do esteem him a base and malignant
enemy to the liberties of this Country, and think he
ought justly to be treated as such by all considerate and
good men. And they do for themselves, now publickly
declare (and recommend the same conduct to their constituents)
that they will have no connection with him
the said Rivington, while he continues to retail such
dirty, scandalous, and traitorious performances; but hold
him in the utmost contempt as a noxious exotick plant
incapable either of cultivation or improvement in this
soil of freedom and only fit to be transported.
This Committee did early make application to every
other Township in the County, recommending the election
of Committees; and they soon had information that
those of Upper Freehold, Middletown and Dover had
chosen theirs and were resolved to enforce the measures
of the Congress.
N. B.— A very considerable number of the inhabitants
of Freehold have formed themselves into Companies and
chosen Military Instructors, under whose tuition they
are making rapid improvement.
Signed by order of the Committee.
John Anderson,
Chairman.
——————————
Meeting of the Inhabitants of Hackensack, New
Jersey.
At a Meeting of the Inhabitants of the Precinct of
Hackensack, in the County of Bergen and Province of
New Jersey, held pursuant to an Act of Assembly of the
said Province, on Tuesday, the 14th of March, in the
year of our Lord, 1775.
Thomas Moor, Esq., Chairman.
This meeting being heartily grieved at the unhappy
disputes now existing between Great Britain and her
American Colonies, and earnestly wishing that the present
misunderstandings may be removed, and such a
reconciliation take place as may be consistent with the
dignity of Great Britain and the true interest of the
Colonies; and being unanimously of opinion that it is
the duty of every loyal subject to adopt and encourage
the most lenient measures which may tend to heal and
not inflame the present differences.
We therefore, in order to contribute what is in our
power to this salutary purpose, and to show our loyalty
to our King, and love to our Country, do Resolve,
1. That we are and will continue to be loyal subjects
to his Majesty King George, and that we will venture
our lives and fortunes to support the dignity of his Crown.
2. That we disavow all riotous mobs whatsoever.
3. That by humbly petitioning the Throne is the only
salutary means we can think of to remove our present
grievances.
4. That we have not, nor, (for the future) will not be
concerned in any case whatever with any unconstitutional
measures.
5. That we will support his Majesty's Civil Officers in
all their lawful proceedings.
Signed by thirty-seven Inhabitants.
——————————
Committee of Freehold, Monmouth County.
March 14, 1775, P. M.
The Committee of Observation for the Township of
Freehold, in the County of Monmouth, New Jersey, have
made repeated applications to the inhabitants of the
Township of Shrewsbury earnestly requesting and exorting
them to comply with the instructions of the late
American Congress in constituting for themselves a Committee
of Observation, that they might conspire with
their brethren in the other Towns belonging to the
County in executing the Resolves of said Congress; but
although they have entertained hopes, notwithstanding
their former opposition, that they would do it at their
stated annual town-meeting, they are at this late hour
informed that the said annual meeting of Shrewsbury is
broke up without a Committee being chosen, or any one
step taken whereby the least disposition is discovered of
their being inclined to adopt the Resolutions of said Congress.
They think it therefore their duty, however painful,
the declaration to bear publick testimony against them.
And we do unanimously enter into the following Resolve,
viz.: That from and after this day, during our
continuance as a Committee, (unless they shall turn from
the evil of their ways, and testify their respentance by
adopting the measures of the Congress) we will esteem
and treat them, the said inhabitants of Shrewsbury, as
enemies to their King and Country, and deserters from
the common cause of true freedom; and we will hereafter
break off all dealings and connection with them
while they continue their opposition. We do furthermore
recommend the same conduct towards them to our
constituents and all others; earnestly hoping it may be
a means of reclaiming those deluded people to their
duty and interest, whom we shall always be pleased to
receive and treat as returning prodigals.
Signed by order of the Committee.
Nathaniel Scudder,
Clerk.
Freehold, Monmouth County, Committee.
April 3, 1775.
Thomas Leonard, Esquire, having been duly notified
to appear this day before the Committee of Inspection for
the Township of Freehold, in the County of Monmouth,
New Jersey, and answer to a number of complaints
made against him, did not think proper to attend.
The Committee therefore proceeded, with care and impartiality,
to consider the evidence laid before them, and
were unanimously of opinion that the said Thomas Leonard,
Esquire, has in a number of instances been guilty of
a breach of the Continental Association, and that, pursuant
to the tenour of said Association, every friend of
true freedom ought immediately to break off all connexion
and dealings with him, the said Leonard, and
treat him as a foe to the rights of British America.
Ordered, That their Clerk transmit a copy of this
judgment to the Press.
Signed accordingly by
Nath. Scudder,
Clerk.
——————————
Newark Committee
.
At a meeting of the Committee of Observation for the
Township of Newark, April 24, 1775, present eighteen
members.
Mr. Caleb Camp, Chairman.
The Chairman having opened the business of the meeting,
and related the purport of the expresses lately received
from Boston, the following motions were made
and agreed to unanimously:
That the members of this Committee are willing at
this alarming crisis to risk their lives and fortunes in
support of American liberty; and that it be recommended
to our constituents to give all necessary support in their
power to our brethren in the Province of Massachusetts
Bay in the present alarming exigency.
That it be also recommended to the Captains of the
Militia in this Township to muster and exercise their respective
Companies at least once in every week, and carefully
to exact that each man be provided with arms and
ammunition, as the Militia Law directs.
That it be requested of all heads of families and masters
of apprentices to encourage all of proper age under
their direction to learn the military exercise, and to allow
them such portions of time as may be necessary to make
them perfect therein.
Robert Johnston,
Clerk.
——————————
Proclamation by Governour Franklin, Perth Amboy.
By his Excellency William Franklin, Esq., Captain-
General, Governour and Commander-in-Chief in and
over the Province of New Jersey, and Territories thereon
depending, in America, Chancellor and Vice-Admiral in
the same, &c.
A PROCLAMATION.
Whereas, I have lately received despatches from one
of his Majesty's principal Secretaries of State, containing
matters of great importance to the Colony in the present
situation of publick affairs, and calculated to restore that
harmony between Great Britain and her American Colonies
so essential to the interest and happiness of both;
and being desirous of communicating the same as early
as possible to the General Assembly of this Colony in
order to give them an opportunity of using their best
endeavours towards effecting so desirable a purpose; I
have, therefore, thought fit, and by and with the advice
and consent of his Majesty's Council do hereby appoint
the said General Assembly to meet at the City of Burlington,
on Monday the 15th day of May next; of which,
all His Majesty's subjects concerned therein, are required
to take notice and govern themselves accordingly.
Given under my hand and seal at arms, at the city of
Perth Amboy, the twenty-eighth day of April, in the fifteenth
year of the year of the reign of our Sovereign
Lord King George the Third, Anno Domini one thousand
seven hundred and seventy-five.
William Franklin.
By his Excellency's command,
Cpiarles Pettit,
D. Secretary
.
God save the King.
Meeting of the Inhabitants of Perth Amboy, New
Jersey.
At a meeting of the inhabitants of the North Ward of
the City of Perth Amboy, on Friday, the 28th of April,
1775.
Resolved unanimously, That James Parker, Stephen
Skinner, and Jonathan Deare, Esquires, or any two of
them be a standing Committee of Correspondence for the
North Ward of this City.
A copy of a Letter from the Committee of Correspondence
of Princeton, signed by Jonathan D. Sergeant,
Esquire, Clerk to the said Committee, transmitted by the
Committee of Woodbridge, and by them directed to the
inhabitants of this City was read, wherein after mentioning
the very alarming intelligence lately received, a Provincial
Congress for this Province is proposed to be held
on the 5th day of May next; and a meeting of the inhabitants
being now called that their sense might be
taken on the necessity and propriety of choosing Deputies
to attend the said Congress.
The question was thereupon put whether Deputies
shall be sent or not, and carried in the affirmative unanimously.
James Parker, Stephen Skinner and Jonathan Deare,
Esquires, were then nominated as Deputies to attend the
said Congress to represent this City and were unanimously
chosen, and it is requested that they or any one or more
of them do attend the said Congress accordingly.
It is also agreed by the inhabitants now assembled
that the expenses of the Deputies who shall attend the
said Congress be defrayed by this City.
It is also requested that Mr. Deare acquaint the Committees
of Princeton and Woodbridge of the proceedings
of this meeting.
By order of the meeting.
John Thomson,
Clerk.
Meetings of Inhabitants of Morris County, New
Jersey.
Pursuant to an apointment(sic) of a meeting of the Freeholders
and Inhabitants of the County of Morris, agreeable
to notice given by the former Committee of Correspondence,
the said Freeholders and Inhabitants did meet
accordingly on Monday, the first day of May, Anno
Domini, 1775.
Jacob Ford, Esq., Chairman.
William De Hart, Esq., Clerk.
And came into the following Votes and Resolutions,
to wit:
That Delegates be chosen to represent the County of
Morris, and that the said Delegates be vested with the
power of legislation, and that they raise Men, Money and
Arms for the common defence, and point out the mode,
method and means of raising, appointing and paying the
said Men and Officers subject to the control and direction
of the Provincial and Continental Congress; and that afterwards
they meet in Provincial Congress with such Counties
as shall send to the same jointly with them to levy taxes on
the Province, with full power of legislative authority, if
they think proper to exercise the same for the said Province,
and the said Provincial Congress be subject to the control
of the Grand Continental Congress.
And they proceeded to elect the following persons to be
their Delegates as aforesaid, to wit:
William Winds, Esquire, William De Hart, Esquire,
Silas Condit, Peter Dickerson, Jacob Drake, Ellis Cook,
Jonathan Stiles, Esq., David Thompson, Esq., Abraham
Kitchell.
By order,
William De Hart,
Clerk.
And pursuant to the above appointment the said Delegates
met at the house of Captain Peter Dickerson, at
Morristown, in the County of Morris, on the first day of
May, 1775.
Present, William Winds, Esquire, William De Hart,
Esq., Silas Condit, Peter Dickerson, Jacob Drake, Ellis
Cook, Jonathan Stiles, Esq., David Thompson, Esquire,
Abraham Kitchell.
William Winds, Esq., was unanimously chosen Chairman,
Archibald Dallas was appointed Clerk.
Voted unanimously, That any five of the Delegates,
when met, be a body of the whole, and do make a board,
and that a majority of them so met should make a vote.
Voted unanimously, That Forces should be raised.
Then the delegates adjourned till to-morrow at nine
o'clock in the forenoon, to meet at the house of Captain
Peter Dickerson aforesaid.
Tuesday, Nine o'clock, May 2, 1775.
Pursuant to adjournment the Delegates met.
Present, William Winds, Esq., William De Hart, Esq.,
Silas Condit, Peter Dickerson, Ellis Cook, Jonathan Stiles,
Esq., David Thompson, Esq., Abraham Kitchell.
Voted, That three hundred men should be raised exclusive
of Commissioned Officers.
Voted, That the said three hundred men be Volunteers.
Voted, That the three hundred men so raised shall be
divided in Five Companies, sixty men each.
Voted, That those Companies shall be commanded by
three Commissioned Officers, viz.: a Captain and two
Lieutenants.
Voted, That two Field Officers shall be appointed and
that each of them shall supply the place of Captain in
the two first Companies.
Voted, That William Winds shall be Colonel.
At twelve o'clock adjourned, to meet at half an hour
after one o'clock in the afternoon.
Half-past one o'clock.
Met according to adjournment. All the Members
present.
Voted, That William De Hart, Esquire, shall be Major.
Voted, That Samuel Ball, Joseph Morris and Daniel
Budd shall be Captains.
Voted, That John Huntington be Captain-Lieutenant
in the Colonel's Company and Silas Howell to be Captain-
Lieutenant in the Major's Company.
Voted. That the Captain of each Company shall appoint
his Lieutenants.
Ordered, That the Captains shall discipline their men
at the rate of one day every week, and to continue the
same till further orders; and the times be appointed and
the places of training affixed by the Captains.
Voted, That in case of any invasion or alarm either in
this or any of the neighbouring Provinces, the said
Officers and men shall be called out to service by the
Commanding Officer for the time being; and the said Officers
and men shall be paid as follows, viz.: Captains, Seven
Shillings, Proclamation money per day; First Lieutenants,
Six Shillings per day; Second Lieutenants, Five
Shillings per day; Sergeants, Three Shillings and Six
Pence per day; Private men, Three Shillings per day
and found with Provisions, Arms, and Ammunition;
and when only in discipline at home the same wages
and to find themselves and their wages to be paid every
two months.
Voted, That the following be the form of the Enlisting
paper to be signed by the recruits:
"We, the subscribers, do voluntarily enlist in the Company
of Captain ————, to be and serve in the Regiment
under the command of Colonel William Winds, in
this or any of the neighbouring Provinces where we may
be called agreeable to certain Resolves made and entered
into by the Delegates for the County of Morris."
Ordered, That five hundred weight of Powder and a
ton of Lead be purchased and kept in a Magazine for the
use of the new Regiment now to be raised for the County
of Morris.
Voted, That William DeHart, Esquire, be appointed to
purchase the said Powder and Lead.
Voted, That the Votes and Resolves of this meeting
shall be subject to the control of the Provincial and Continental
Congresses, to take place after due notice being
given to us by either of the said Congresses, of their disapprobation
of all or any of our proceedings.
And the Delegates taking into consideration the unhappy
circumstances of this Country do recommend to
the inhabitants of this County capable of bearing arms,
to provide themselves with Arms and Ammunition to
defend their Country in case of any invasion.
Adjourned till the ninth day of this month at nine
o'clock in the forenoon, to meet at the house of Captain
Peter Dickerson, in Morristown.
——————————
Woodbridge Committee to the several Committees
of Massachusetts.
In Committee, Woodbridge, New Jersey,
May, 1, 1775.
Gentlemen:— We have received repeated intelligence
by expresses of your engaging and defeating the Regulars
under the command of General Gage, which is
universally credited in this Colony; and we have the
pleasure of assuring you your conduct and bravery on
that occasion is greatly applauded and admired by all
ranks of men. In consequence of the intelligence a
Provincial Convention will be held as soon as the Members
can possibly be convened; in the meantime the
inhabitants are putting themselves in the best posture of
defence, being determined to stand or fall with the liberties
of America. We have for some time past feared the
New-Yorkers would desert American liberty but are now
fully convinced by their late spirited conduct that they
are determined to support the grand cause. We also
learn with pleasure that the inhabitants of Pennsylvania
and the other Southern Provinces are firm, unanimous
and spirited. We have only to add that you have our
unfeigned and hearty thanks for the noble stand you
have made, and our sincere and fervent prayers for a
speedy deliverance from all your calamities.
We are very respectfully, gentlemen, your most obedient
humble servants.
By order of the Committee.
Moses Bloomfield,
Chairman.
——————————
New Jersey Committee of Correspondence.
At a meeting of the New Jersey Provincial Committee
of Correspondence, (appointed by the Provincial Congress)
at the City of New Brunswick, on Tuesday, the
second day of May, Anno Domini, 1775, agreeable to
summons of Hendrick Fisher, Esq., Chairman.
Present, Hendrick Fisher, Samuel Tucker, Joseph Borden,
Joseph Riggs, Isaac Pearson, John Chetwood, Lewis
Ogden, Isaac Ogden, Abraham Hunt and Elias Boudinot,
Esquires.
The Committee having seriously taken into consideration,
as well the present alarming and very extraordinary
conduct of the British Ministry, for carrying into
execution sundry Acts of Parliament for the express purpose
of raising a revenue in America, and other unconstitutional
measures therein mentioned; and also the several
acts of hostility that they have actually commenced
for this purpose by the Regular Forces under General
Gage against our brethren of the Colony of Massachusetts
Bay, in New England, and not knowing how soon
this Province may be in a state of confusion and disorder
if there are not some effectual measures speedily
taken to prevent the same; this Committee are unanimously
of opinion and do hereby advise and direct that
the Chairman do immediately call a Provincial Congress
to meet at Trenton on Tuesday, the twenty-third day of
this instant, in order to consider of and determine such
matters as may then and there come before them; and
the several Counties are hereby desired to nominate and
appoint their respective Deputies for the same as speedily
as may be, with full and ample powers for such purposes
as may be thought necessary for the peculiar exigencies
of this Province.
The Committee do also direct their Chairman to forward
true copies of the above minute to the several
County Committees of this Province without delay.
Hendrick Fisher,
Chairman.
——————————
Meeting of the Inhabitants of Acquackanonk,
Essex County, New Jersey.
At a meeting of the Freeholders and Inhabitants of the
Township of Acquackanonk in said County, held at Mr.
James Leslie's, near Acquackanonk Bridge, on Wednesday,
the 3d day of May, Anno Domini, 1775, an Association
was then and there entered into and subscribed by
the Freeholders and Inhabitants of said Township, being
verbatim the same as that entered into by the Freeholders
and Inhabitants at Newark, in said County, the following
gentlemen in number twenty-three were then
chosen or elected a General Committee agreeable to said
Association.
Michael Vreeland, Esq., in the Chair.
Henry Garritse, Peter Peterse, John Berry, Robert
Drummond, Captain Francis Post, Thomas Post, Daniel
Niel, Richard Ludlow, Captain Abraham Godwin, John
Spier, Jacob Van Riper, Lucas Wessels, Francis Van
Winkle, Cornelius Van Winkle, Henry Post, Junior,
Doctor Walter Degraw, John Peer, Jacob Garritse, Jacob
Vreeland, Abraham Van Riper, Stephen Ryder. Doctor
Nicholas Roche, Committee Clerk.
Of the same number were chosen the following Delegates
to attend the Provincial Convention to be held at
Trenton, the 23d instant, agreeable to the aforesaid Association,
to represent said Township: Henry Garritse,
Robert Drummond, Michael Vreeland and John Berry,
Esquires.
Peter Peterse, Esquire, Daniel Niel, Richard Ludlow,
Thomas Post and Doctor Nicholas Roche, are appointed
a Committee of Correspondence for said Township; Daniel
Niel, Deputy Chairman to the General Committee,
and Richard Ludlow, Deputy Clerk.
——————————
Town-Meeting, Upper Freehold, Monmouth County,
New Jersey.
Monmouth County, Upper Freehold, May 4, 1775.
This day agreeable to previous notice a very considerable
number of the principal inhabitants of this Township
met at Imlay's-Town:
John Lawrence, Esquire, in the chair.
When the following Resolves were unanimously
agreed to:
Resolved, That it is our first wish to live in union with
Great Britain agreeable to the principles of the Constitution;
that we consider the unnatural civil war which we
are about to be forced into, with anxiety and distress;
but that we are determined to oppose the novel claim of
the Parliament of Great Britain to raise a revenue in
America and risk every possible consequence rather than
submit to it.
Resolved, That it appears to this meeting that there are
a sufficient number of Arms for the people.
Resolved, That a sum of money be now raised to purchase
what further quantity of Powder and Ball may be
necessary; and it is recommended that every man capable
of bearing arms enter into Companies to train and
be prepared to march at a minute's warning; and it is
further recommended to the people that they do not
waste their Powder in fowling or hunting.
A subscription was then opened, and One Hundred
and Sixty Pounds instantly paid into the hands of a
person appointed for that purpose. The Officers of four
Companies were then chosen, and the meeting broke up
in perfect unanimity.
Elisha Lawrence,
Clerk.
——————————
Town-Meeting, Newark, New Jersey.
Newark, New Jersey, May 4, 1775.
At a meeting of the Freeholders and Inhabitants of
the Township of Newark, in New Jersey, on Thursday,
the 4th day of May, A. D. 1775.
Doctor William Burnett in the Chair.
An Association having been entered into and subscribed
by the Freeholders and other Inhabitants of said
Town, a motion was made and agreed to, that the same
be read. The same was accordingly read, and is as
follows:
"We, the Freeholders and Inhabitants of the Township
of Newark, having deliberately considered the openly
avowed design of the Ministry of Great Britain to raise a
revenue in America; being affected with horrour at the
bloody scene now acting in the Massachusetts Bay, for
carrjang that arbitrary design into execution; firmly
convinced that the very existence of the rights and liberties
of America can, under God, subsist on no other basis
than the most animated and perfect union of its inhabitants;
and being sensible of the necessity in the present
exigency of preserving good order and a due regulation
in all public measures; with hearts perfectly abhorrent of
slavery, do solemnly, under all the sacred ties of religion,
honour and love to our Country, associate and resolve
that we will personally, and as far as our influence can
extend, endeavour to support and carry into execution
whatever measures may be recommended by the Continental
Congress or agreed upon by the proposed Convention
of Deputies of this Province, for the purpose of preserving
and fixing our Constitution on a permanent
basis, and opposing the execution of the several despotick
and oppressive Acts of British Parliament, until the
wished for reconciliation between Great Britain and
America on constitutional principles can be obtained.
"That a General Committee be chosen by this Town
for the purposes aforesaid, and that we will be directed by,
and support them in all things respecting the 'common
cause, the preservation of peace, good order, the safety of
individuals and private property.'"
Voted, That Isaac Ogden, Esquire, Captain Philip Van
Cortlandt, Bethuel Pierson and Caleb Camp be the Deputies
to represent said Township in the Provincial Congress
referred to in the said Association.
The General Committee also mentioned in the said
Association was then chosen, consisting of forty-four.
Agreed, That the powers delegated to the Deputies and
General Committee continue until the expiration of five
weeks after the rising of the next Continental Congress
and no longer.
Agreed, That the General Committee have power to
appoint one or more Sub-Committees, to act on any
emergency.
Isaac Longworth,
Town Clerk.
The General Committee immediately convened and
elected Lewis Ogden, Esquire, Chairman, Doctor William
Burnett, Deputy Chairman, and Elisha Boudinot,
Esq., Clerk of the said General Committee.
Agreed, That the above named Lewis Ogden. Esquire,
Doctor William Burnett, Elisha Boudinot, Esquire, Isaac
Ogden, Esquire, and Mr. Isaac Longworth be a Committee
of Correspondence for said Town.
Elisha Boudinot,
Clerk to Committee.
——————————
Somerset County Committee.
Pursuant to notice given by the Chairman of the Committee
of Correspondence for the County of Somerset in
New Jersey, the Freeholders of the County met at the
Court-House, the 11th day of May, 1775.
Hendrick Fisher, Esq., chosen Chairman.
Frederick Frelinghuysen, Clerk.
1. Resolved, That the several steps taken by the British
Ministry to enslave the American Colonies and especially
the late alarming hostilities commenced by the Troops
under General Gage against the inhabitants of Massachusetts
Bay, loudly call on the people of this Province
to determine what part they will act in this situation of
affairs; and that we therefore readily consent to elect
Deputies for a Provincial Congress to meet at Trenton,
on Tuesday, the 23d instant, agreeable to the advice and
direction of the Provincial Committee of Correspondencce.
2. Resolved, That the number of Deputies shall be nine
and that they shall be chosen by ballot.
Adjourned for an hour.
Four o'clock the people re-assembled.
Hendiick Fisher, John Roy, Esquires, Mr. Frederick
Frelinghuysen, Mr. Enos Kelsey, Peter Schenck, Jonathan
D. Sergeant, Nathaniel Airs, William Patterson, and
Abraham Van Nest, Esquires, are appointed Deputies for
this County, who or any five of them are hereby empowered
to meet the Deputies from the other Counties in
Provincial Congress at Trenton, on Tuesday, the 23d
instant, and to agree to all such measures as shall be
judged necessary for the preservation of our constitutional
rights and privileges.
Resolved, That the Deputies for this County be instructed,
and they are hereby instructed to join with the
Deputies from the other Counties in forming such plan
for the Militia of this Province as to them shall seem
proper; and we heartily agree to arm and support such
a number of men as they shall order to be raised in this
County.
Resolved, That this County will pay the expenses of
their Deputies who shall attend the Congress.
Resolved, That Messrs Tobias Van Norden and Daniel
Blackford be added to the Committee of Observation for
the Township of Bridgewater.
By order.
Frederick Frelinghuysen,
Clerk.
——————————
Bergen County Committee Chamber.
May 12, 1775.
Resolved, That John Fell, Esquire, Theunis Dey, Esquire,
Thomas Brown, Esquire, Peter Zabriskie, Esq., John
Demarest, Esquire, Mr. Samuel Berry, Mr. Cornelius Van
Vorst, Mr. Isaac Noble, Mr. Aarent J. Schuyler, Mr. Jacob
Terhune, Doctor Abraham Van Boskirk, John Van Boskirk,
Esquire, Mr. Gabriel Ogden, Mr. Jost Zabriskie and
Mr. Gabriel Van Orden be a Standing Committee of
Correspondence for this County, and that any five of
them of which the President or Vice President to be one
have power to act.
Ordered, That a copy of the above Resolve be printed
in the New York Newspapers.
By order of the Committee,
John Fell,
Chairman.
At a meeting of the Committee of Correspondence for
Bergen County, New Jersey, May 12, 1775.
Present, John Fell, Theunis Dey, Thomas Brown, John
Demarest, Esquires, Messrs. Cornelius Van Vorst, Isaac
Noble, Jacob Terhune, Doctor Abraham Van Boskirk,
John Van Boskirk, Esquire, Messrs. Gabriel Ogden, Jost
Zabriskie and Gabriel Van Orden.
John Demarest, Esq., chosen President. Mr, Gabriel
Van Orden chosen Vice President.
Ordered, That a copy of the above proceedings be published
in the New York Newspapers.
By order of the Committee of Correspondence.
John Demarest,
President.
——————————
Assembly of New Jersey.
Votes and Proceedings of the General Assembly of the
Colony of New Jersey, at a sitting begun at Burlington,
Monday, May 15, 1775, and continued until the twentieth
day of the same month, being the first sitting of the
Fourth Session of the Twenty-second Assembly of New
Jersey.
NAMES OF THE KEPRESENTATIVES.
City of Perth Amboy — Cortland Skinner, Speaker; John
Combs.
Middlesex — John Wetherill, Azariah Dunham.
Monmouth — Edward Taylor, Richard Lawrence.
Essex — Stephen Crane, Henry Garritse.
Somerset — Hendrick Fisher, John Ray.
Bergen — Theunis Dey, John Demarest.
Morris — Jacob Ford, William Winds.
City of Burlington — James Kinsey, Thomas P Hewlings.
County of Burlington — Henry Paxson, Anthony Sykes.
Gloucester — John Hinchman, Robert F. Price.
Salem — Grant Gibbon, Benjamin Holme.
Cape May — Jonathan Hand, Eli Eldridge.
Hunterdon — Samuel Tucker, John Mehelm.
Cumberland — John Sheppard, Theophilus Elmer.
Sussex — Nathaniel Pettit, Joseph Barton.
Burlington, Monday, May 15, 1775.
Pursuant to his Excellency's several prorogations of
the General Assembly from time to time till this day, the
House met.
Azariah Dunham, Esq., being duly returned a Representative
to serve in the General Assembly for the County
of Middlesex and now attending, was admitted into the
House and took the usual oaths, and made and subscribed
the declaration by law appointed, before Cortland
Skinner, Esq, thereto authorized be dedimus potestatem.
Ordered, That Mr. Dunham do take his seat in the
House.
The House adjourned till three P. M.
The House met.
Ordered, That Mr. Fisher and Mr. Wetherill do wait
upon his Excellency and acquaint him that a sufficient
number of Members to constitute a House are met, and
are ready to receive any thing he may please to lay before
them.
Mr. Sneaker laid before the House a Letter to him
from William Bollan, Benjamin Franklin and Arthur
Lee, Esquires, dated London, December 24, 1774; which
was read.
Mr. Speaker also laid before the House a Letter to him
from the Honourable John Cruger, Esquire, Speaker of the
House of Representatives of the Province of New York,
enclosing their Petition to the King, the Memorial to the
House of Lords, and a Representation to the House of
Commons, a List of Grievances, and the Resolutions
entered into by the General Assembly there on the eighth
of March last; all of which were read.
Mr. Fisher reported that Mr. Wetherill and himself
waited upon his Excellency with the message of the
House according to order, and that his Excellency was
pleased to say that the House should hear from him tomorrow
morning.
The House adjourned till 9 o'clock to-morrow morning.
Tuesday, May 16, 1775.
The House met and adjourned till three P. M.
The House met.
A Message from his Excellency by Mr. Deputy Secretary
Pettit:
Mr. Speaker:— His Excellency is in the Council
Chamber and requires the immediate attendance of the
House,
Whereupon Mr. Speaker left the Chair, and with the
House went to wait upon his Excellency; and being returned
Mr. Speaker resumed the Chair, and reported that
the House had waited on his Excellency, who was pleased
to make a speech to the Council and House of Assembly,
of which Mr. Speaker said he had to prevent mistakes
obtained a copy. And the same by order of the House
was read, and is as follows, viz.:
Gentlemen of the Council, and Gentlemen of the Assembly:
The sole occasion of my calling you together at this
time is to lay before you a Resolution of the House of
Commons, wisely and humanely calculated to open a
door for the restoration of that harmony between Great
Britain and her American Colonies, on which their
mutual welfare and happiness so greatly depend.
This Resolution having already appeared in the publick
papers and a great variety of interpretations put
upon it mostly according to the different views and dispositions
by which men are actuated, and scarcely any
having seen it in its proper light, I think I cannot, at
this critical juncture, better answer the gracious purposes
of His Majesty nor do my Country more essential service
than to lay before you as full an explanation of the occasion,
purport and intent of it as is in my power. By this
means you and the good people you represent will be
enabled to judge for yourselves how far you ought or
ought not to acquiesce with the plan it contains, and what
steps it will be prudent for you to take on this very important
occasion.
You will see in the King's answer to the joint Address
of both Houses of Parliament on the seventh of February,
how much attention His Majesty was graciously
pleased to give to the assurance held out in that Address,
of the readiness of Parliament to afford every just and
reasonable indulgence to the Colonies, whenever they
should make a proper application on the ground of any
real grievance they might have to complain of. This
Address was accordingly soon after followed by the Resolution
of the House of Commons now laid before you, a
circumstance which afforded His Majesty great satisfaction,
as it gave room to hope for a happy effect, and
would at all events ever remain an evidence of their justice
and moderation, and manifest the temper which has
accompanied their deliberations upon that question
which has been the source of so much disquiet to the
King's subjects in America.
His Majesty ardently wishing to see a reconciliation of
the unhappy differences by eyery means through which
it may be obtained, without prejudice to the just authority
of Parliament, which His Majesty will never suffer to be
violated, has approved the Resolution of his faithful
Commons, and has commanded it to be transmitted to
the Governours of his Colonies, not doubting that this
happy disposition to comply with every just and reasonable
wish of the King's subjects in America will meet
with such a return of duty and affection on their part as
will lead to a happy issue of the present dispute, and to
a re-establishment of the publick tranquility on these
grounds of equity, justice and moderation which this
Resolution holds forth.
What has given the King the greater satisfaction in
this Resolution, and the greater confidence in the good
effects of it, is his having seen that amidst all the intemperance
into which a people jealous of their liberties
have been unfortunately misled, they have, nevertheless,
avowed the justice, the equity and the propriety of subjects
of the same State contributing according to their
abilities and situation to the publick burdens; and this
Resolution, it is thought, holds no proposition beyond
that.
It would probably be deemed unjust to suppose that
any of the King's subjects in the Colonies can so far forget
the benefits they have received from the Parent State
as not to acknowledge that it is to her support held forth
at the expense of her blood and treasure, that they
principally owe that security which hath raised them to
their present state of opulence and importance. In this
situation, therefore, justice requires that they should in
return contribute according to their respective abilities
to the common defence; and their own welfare and interest
demand that civil establishment should be supported
with becoming dignity.
It has been the care and it is the firm determination of
Parliament to see that both these ends are answered and
their wisdom and moderation have suggested the propriety
of leaving to each Colony to judge of the ways
and means of making due provision for these purposes
reserving to themselves a discretionary power of approving
or disapproving what shall be offered.
The Resolution neither points out what the civil establishment
should be nor demands any specifick sum in aid
of the publick burdens. In both these respects it leaves
full scope for that justice and liberality which may be
expected from Colonies that under all their prejudices
have never been wanting in expressions of an affectionate
attachment to the mother country and a zealous regard
for the general welfare of the British Empire; and therefore
the King trusts that the provision they will engage
to make for the support of civil government will be adequate
to the rank and station of every necessary officer
and that the sum to be given in contribution to the common
defence will be offered on such terms, and proposed
in such a way as to increase or diminish according as the
publick burdens of Great Britain are from time to time
augmented or reduced in so far as these burdens consist
of taxes and duties which are not a security for the
National Debt.
By such a mode of contribution, the Colonies will have
full security that they can never be required to tax
themselves without Parliament's taxing the subjects in
Great Britain in a far greater proportion; and it may be
relied upon that any proposition of this nature made by
any of the Colonies and accompanied with such a state
of their faculties and ability as may evince the equity of
the proposal will be received with every possible indulgence,
provided it be at the same time unaccompanied
with any declarations and unmixed with any claims
which will make it impossible for the King consistently
with his own dignity, or for Parliament consistently with
their constitutional rights to receive it. But it is not
supposed that any of the Colonies will after this example
of the temper and moderation of Parliament adopt such
a conduct. On the contrary the pleasing hope is cherished
that the publick peace will be restored and that
the Colonies will enter into the consideration of the Resolution
of the House of Commons with that calmness and
deliberation which the importance of it demands and
with that good will and inclination to a reconciliation
which are due to the candour and justice with which
Parliament has taken up this business and at once declared
to the Colonies what will be ultimately expected
from them.
It has been already observed that the King entirely
approves the Resolution of the House of Commons, and
I have his Majesty's commands to say that a compliance
therewith by the General Assembly will be most graciously
considered by his Majesty not only as a testimony of
their reverence for Parliament, but also as a mark of
their duty and attachment to their Sovereign, who has
no object nearer to his heart than the peace and prosperity
of his subjects in every part of his Dominions.
At the same time I must tell you his Majesty considers
himself as bound, by every tie, to exert those means the
Constitution has placed in his hands for preserving that
Constitution entire, and to resist with firmness, every
attempt to violate the rights of Parliament, to distress
and obstruct the lawful commerce of his subjects or to
encourage in the Colonies ideas of independence inconsistent
with their connexion with Great Britain.
Here, gentlemen, you have a full and candid state of
the disposition and expectations of his Majesty and the
Parliament. They require nothing of America but what
the Colonies have repeatedly professed themselves ready
and willing to perform. A late Assembly of this Province,
in their Petition to the King in 1766, express themselves
thus: "As no danger can approach Britain without giving
us the most sensible alarm, so your Majesty may be
assured, that with filial duty we shall ever be ready to
afford all the assistance in our power, and stand or fall
with that Kingdom from which we boast our descent,
and to which we are attached by the strongest ties of duty,
gratitude and affection." And in a subsequent Petition
they say: "Very far it is from our intentions to deny
our subordination to that august body, (the Parliament,)
or our dependance on the Kingdom of Great Britain. In
these connexions and in the settlement of our liberties
under the auspicious influence of your Royal House, we
know our happiness consists; and, therefore, to confirm
those connexions, and to strengthen this settlement, is at
once our interest, duty, and delight.
Similar declarations have been repeatedly made in
other Colonies.
The following vote was passed in the Assembly of
Pennsylvania, to wit: "The House, taking into consideration
the many taxes their fellow-subjects in Great
Britain are oblidged to pay towards supporting the dignity
of the Crown, and defraying the necessary and contingent
charges of the Government, and willing to demonstrate
the fidelity, loyalty, and affection of the inhabitants
of this Province to our gracious Sovereign, by bearing a
share of the burden of our fellow-subjects, proportionable
to our circumstances, do, threfore, cheerfully and unanimously
resolve that three thousand Pounds be paid for
the use of the King, his heirs and successors, to be applied
to such uses as he in his royal wisdom shall think fit to
direct and appoint." And the said three thousand Pounds
was afterwards paid into his Majesty's Exchequer by the
Agent of the Province accordingly.
Nor can I avoid mentioning what was done in the
Convention of Committees from every County of Pennsylvania,
who met in July last for the express purpose of
giving instructions to their Representatives in Assembly
on this very subject. Several of these instructions manifest
such a candour and liberality of sentiment, such
just ideas of the importance of our connexion with Great
Britain, and point out so rational a method to be pursued
for obtaining a redress for the supposed grievances, (previous
to any attempts to distress the trade of that Kingdom,)
that it is greatly to be regretted that the conduct of
America, in a matter of such vast importance to its future
welfare, had not been regulated by the principles and
advice they suggested. In those instructions, speaking
of the powers Parliament had claimed and lately exercised,
the Convention say: "We are thoroughly convinced
they will prove unfailing and plentiful sources of
dissensions to our Mother Country and these Colonies,
unless some expedients can be adopted to render her
secure of receiving from us every emolument that can,
in justice and reason, be expected, and us secure in our
lives, properties and an equitable share of commerce.
Mournfully revolving in our minds the calamities that,
arising from these dissensions, will most probably fall on
us and our children, we will now lay before you the particular
points we request of you to procure, if possible, to
be finally decided, and the measures that appear to us most
likely to produce such a desirable period of our distresses
and dangers."
Then after enumerating the particular Acts of Parliament,
which they consider as grievances, and desire to
have repealed, they add: "In case of obtaining these
terms, it is our opinion that it will be reasonable for the
Colonies to engage their obedience to the Acts of Parliament,
commonly called Acts of Navigation, and to every
other Act of Parliament declared to have force at this
time in these Colonies, other than those above mentioned,
and to confirm such Statutes by Acts of the several Assemblies.
It is also our opinion that, taking example
from our mother Country in abolishing the Courts of
Wards and Liveries, tenures in capite, and by Knights'
service and purveyance, it will be reasonable for the
Colonies, in case of obtaining the terms before mentioned,
to settle a certain annual revenue on His Majesty,
his heirs and successors, subject to the control of Parliament,
and to satisfy all damages done to the East India
Company. This our idea of settling a revenue, arises
from a sense of duty to our Sovereign, and of esteem for
our mother Country. We know and have felt the benefits
of a subordinate connexion with her. We neither
are so stupid as to be ignorant of them, nor so unjust as
to deny them. We have also experienced the pleasures
of gratitude and love, as well as advantages from that
connexion. The impressions are not erased. We consider
her circumstances with tender concern. We have
not been wanting, when constitutionally called upon, to
assist her to the utmost of our abilities, insomuch that
she has judged it reasonable to make us recompenses for
our over-strained exertions; and we now think we ought
to contribute more than we do to the alleviation of her
burdens. Whatever may be said of these proposals on
either side of the Atlantick, this is not a time either for
timidity or rashness. We perfectly know that the great
cause now agitated is to be conducted to a happy conclusion
only by that well-tempered composition of counsels
which firmness, prudence, loyalty to our Sovereign, respect
to our Parent State, and affection to our native
Country, united must form."
"In case of war, or in any emergency of distress, we
shall also be ready and willing to contribute all aids
within our power. And we solemnly declare, that on
such occasions, that if we, or our posterity, shall refuse,
neglect, or decline thus to contribute, it will be a mean
and manifest violation of a plain duty, and a weak and
wicked desertion of the true interests of this Province,
which ever have been, and must be, bound up in
the prosperity of our Mother Country. Our union,
founded on mutual compacts and mutual benefits,
will be indissoluble; at least more firm than an
union perpetually disturbed by disputed rights and
retorted injuries." I could quote several more passages
from these instructions, which are expressive of the same
honest and generous sentiments with regard to Great
Britain, but I shall only make one more extract, and
that respecting the mode which they recommend to be
pursued for the redress of grievances, viz: " But other
considerations have weight with us. We wish every
mark of respect to be paid to His Majesty's Administration.
We have been taught, from our youth, to entertain
tender and brotherly affections for our fellow-subjects
at home. The interruption of our commerce must
greatly distress great numbers of them. This we earnestly
desire to avoid. We therefore request that the
Deputies you shall appoint may be instructed to exert
themselves at the Congress, to induce the Members of it
to consent to make a full and precise state of grievances,
and a decent, yet firm claim of redress, and to await the
event before any other step is taken. It is our opinion
that persons should be appointed and sent home to present
this state and claim at the Court of Great Britain."
After mentioning their confidence in the intended General
Congress, and their resolution to abide their determinations
for the sake of unanimity, they declare that it is
"with a strong hope and trust that they will not draw
this Province into any measure judged by us, who must
be better acquainted with its state than strangers, highly
inexpedient. Of this kind, we know any other stoppage
of trade; but of that with Great Britain, will be. Even
this step we should be extremely afflicted to see taken by
the Congress, before the other mode, above pointed out,
is tried."
Happy would it have been at this day, in all probability,
if some such healing measure had been pursued.
Some plan of union, or proposal of "a mutual compact"
for "mutual benefit," was the grand object which every
honest man in the Colonies had at heart. An imperfect
one (if not too glaringly so) was better than none, as it
would, if it had answered no other purpose, have laid a
foundation for negotiation and treaty. It has been lately
observed in Parliament, "That it does not appear the
Colonies were seriously inclined to come into any reasonable
terms of accommodation, as nobody was authorized
to make any proposals to that effect."
However, it can be of little avail now to animadvert
on past transacticns. Who has been most in the right or
most in the wrong, can never be satisfactorily decided.
Many things will ever happen in the course of a long continued
dispute, which good men of both parties must reflect
on with pain, and wish to have buried in oblivion.
In the present situation of affairs we should only look
forward, and endeavour to fall on some expedient that
may avert the impending danger. To effect this desirable
purpose, a plan is now formed and recommended
to you by his Majesty, containing terms greatly corresponding
with the avowed sentiments of many of the
Colonies, and which, I think, can only want to be rightly
understood in order to be generally adopted. It does not
require from the people of this country any formal
acknowledgment of the right of taxation in the Parliament.
It waives all dispute on that head, and suspends
the exercise of it forever, if so long the Colonies shall
perform their part of the contract. It does not even
require as a preliminary that the Non-Importation and
Non-Exportation Agreements shall be abolished. It
comes before you in the old accustomed manner, by way
of requisition, being approved and adopted by the King,
who has directed his several Governours to signify to the
respective Assemblies his desire that they should grant
such aids for the common defence, and the support of
Government within the Colonies, as shall appear to them
just and equitable, and proportionate to their abilities.
His Majesty and the Parliament, 'tis true, are to judge
whether the aids which each Colony may offer are worth
acceptance, or adequate to their respective abilities, as
they did during the course of the last war, very much to
the satisfaction of those Colonies who exerted themselves;
often making them a compensation "according as their
active vigour and strenuous efforts respectively appeared
to merit." The necessity of some such supreme judge is
evident from the very nature of the case, as otherwise
some Colonies might not contribute their due proportion.
During the last war I well remember it was ardently
wished by some of the Colonies that others who were
thought to be delinquent might be compelled, by Act of
Parliament, to bear an equal share of the publick burdens.
It appears, by the minutes of Assembly, in March
and April, 1758, that some of the neighbouring Colonies
thought New Jersey, had not, at that time, contributed
its due share towards the expenses of the war, and that
President Reading (the then Commander-in-Chief of the
Colony) was of the same opinion. And since my administration,
when the Assembly, in 1764, was called upon
to make provision for raising some Troops on account of
the Indian war, they declined doing it for some time but
"on condition a majority of the Eastern Colonies, as far
as to include Massachusetts Bay should come into his
Majesty's requisition on the occasion." But as none of
the Assemblies of the New England Governments thought
themselves nearly concerned, nothing was granted by
them, and the whole burden of the expeditions then carried
on fell upon Great Britain and three or four of the
middle Colonies, with which this Colony was dissatisfied,
and the Assembly complained of it in one of their Addresses
to me on the occasion. But what fully evinces
that there is no design of oppression or extortion in the
proposed reservation in his Majesty and his Parliament
of the right of approving the aids which may be offered
by the Colonies, is his Majesty's gracious assurance that
the propositions on this head will be received with every
possible indulgence. The moneys raised by the several
Colonies as their proportion to the common defence, is
made subject to the disposal of Parliament, as in justice
it ought, as they furnish the whole sum which may be
wanted for that necessary purpose, according to the estimates
annually laid before them by the Crown, besides
making provision for the civil list and National Debt,
towards which the Colonies are not asked to contribute.
The Army and Navy establishment, it is well known, is
necessarily increased since the extension of the British
Dominions in America. The whole American civil and
military establishment, as paid by Great Britain, after
the peace of Aix-la-Chapelle, was it is said, only £70,000
sterling; but since the last peace, it amounts to upwards
of £350,000. At this great additional expense was chiefly
incurred on an American account, it cannot but be reasonable
that America should pay some part of it. To
remove every objection that other taxes may be raised
upon America, under the colour of regulations on commerce,
the produce of all such duties is to be carried to
the account of that Province where it is to be levied.
We have now, thank Heaven, a happy opportunity of
getting entirely rid of this unnatural contest, by only
complying with what I think has been fully proved and
acknowledged to be our indispensable duty. Wherever
a people enjoy protection, and the other common benefits
of the State, nothing can be more reasonable than that
they should bear their share of the common burden.
It is much to be lamented that there is so much truth
in the observation, that mankind generally act, not
according to right, but according to the present interest,
and most according to present passion. In the present
case there are no difficulties but what may be easily surmounted,
if men come together sincerely disposed to
serve their Country, unbiased by any sinister views or
improper resentments. This, gentlemen, I trust will be
found to be your disposition in this most alarming situation
of publick affairs. ' Let me conjure you, however,
not to come to any precipitate resolution respecting the
plan of accommodation now communicated to you. I
have no objection to give you any time you may think
necessary for the due consideration of it. It is, indeed a
concern of a more interesting nature than ever before
came under the consideration of an American Assembly.
If it is adopted, all will yet be well. If it is totally rejected,
or nothing similar to it proposed, or made the
basis of a negotiation, it will necessarily induce a belief
of what has been lately so often mentioned in publick,
"That it is not a dispute about modes of taxation, but
that the Americans have deeper views, and mean to
throw off all dependance upon Great Britain, and to get
rid of every control of their Legislature." Should such
sentiments ever prevail, they cannot but have the most
fatal effects to this Country. I am, however, fully convinced
that the body of the people in the Colonies do not
even entertain a wish of the kind. Rather than lose the
protection of Great Britain, America, were it ever so constitutionally
and allowedly independent, would find it
for its advantage to purchase that protection at an expense
far beyond what Great Britain would ever think
of requiring while we show her that regard and obedience
to which she is justly entitled, and which our own interest
and safety should prompt us to show, if there were no
other considerations.
Taxation being the principal source of the present
disorders, when that important point is once settled,
every other subject of complaint which has grown out of
it will, no doubt, of course, be removed; for you may
rely, gentlemen, that notwithstanding the many inimical
and oppressive designs which the jealousies and suspicions
of incensed people have attributed to Government,
yet it is evident, from the whole tenour of the letters
which I have had the honour to receive from the King's
Ministers, that His Majesty and they have nothing more
at heart than to have these unhappy differences accommodated
on some just and honourable plan, which shall
at the same time secure the liberties of the people, without
lessening the necessary power and dignity of Parliament.
God grant that the Colonies may manifest the same
laudable disposition, and that a hearty reconciliation and
harmony may take place of the present confusion and
dissension.
William Franklin.
Council Chamber, May 16, 1775.
Mr. Deputy Secretary laid before the House the copy
of an Address to the King from the Lords and Commons
of Great Britain, of the 7th of February, 1775, together
with His Majesty's Answer; also, a copy of a Resolution
of the Honourable House of Commons of Great Britain,
of the 20th of February last; all which were read.
Ordered, That his Excellency's Speech and the said
Papers be read a second time.
Mr. Tucker laid before the House a printed Pamphlet
lately received from Great Britain, entitled "The Parliamentary
Register, No. 5," containing, among other things,
a Paper entitled "An extract of a Letter from Governour
Franklin to the Earl of Dartmouth, dated Perth Amboy.
February 1, 1775; received February 28," in these words,
viz.:
"The General Assembly of this Province are now sitting,
being convened on the 11th of last month, in order
to transact the publick business.
"At the opening of the session I had some hopes of
prevailing on the House of Representatives not to approve
of the proceedings of the General Congress held at
Philadelphia, for which purpose a paragraph of my
speech was particularly calculated. But the Delegates
from this Province took the alarm, and used their utmost
endeavors with the members to persuade them to give
their approbation to those proceedings, as otherwise one
grand end the Congress had in view would be entirely
frustrated, namely: the preserving an appearance of
unanimity throughout the Colonies, without which they
said their measures could not have that weight and efficacy
with the Government and people of Great Britain
as was intended.
"The scheme, however, met with some opposition in
the House, every member proposing to defer the consideration
of it to a future time, or to give their approbation
to only some parts of the proceedings of the Congress;
but by the artful management of those who
espoused the measure, it was carried through precipitately
the very morning it was proposed, as your Lordship
will see by a copy of their Resolutions now enclosed,
which were all previously prepared for the purpose."
Which Extract was read, and ordered to be read a second
time.
Mr. Crane had leave of absence upon special occasion.
The House adjourned till nine o'clock to-morrow morning.
Wednesday, May 17, 1775.
The House met.
His Excellency's Speech, together with the Papers
accompanying the same, were read the second time, and
committed to a Committee of the Whole House.
Mr. Speaker laid before the House a Letter to him
from John Smith, Esquire, Treasurer of the Eastern Division,
dated Perth Amboy, May 13, 1775, setting forth
that he had attended the Justices and Freeholders of Middlesex,
with the sum of Nine Thousand Five Hundred and
Ninety-Eight Pounds and Three Shillings, to be sunk
according to law on the Wednesday preceding; but that
no sufficient number to constitute a Board had attended ;
and praying that an act of Assembly may immediately
pass to cancel and burn said Bills; which Letter was
read, and ordered a second reading.
The House adjourned till three P. M.
The House met.
The House, according to order, resolved itself into a
Committee of the Whole House on His Excellency's
Speech and the Papers accompanying the same, and after
some time spent therein, Mr. Speaker resumed the Chair,
and Mr. Fisher, Chairman of the Committee, reported
that the Committee had gone through the matters to
them referred, and had come to one Resolution, which
he was ready to report whenever the House will please
to receive the same.
Ordered, That the Report be made immediately.
Whereupon Mr. Fisher reported the Resolution of the
Committee as follows, viz.:
Resolved, That an Humble Address be presented to his
Excellency in answer to his Speech; to which the House
agreed.
Ordered, That Mr. Fisher, Mr. Wetherill, Mr. Kinsey,
Mr. Paxon and Mr. Lawrence be a Committee to prepare
and bring in the draught of an Address to his Excellency,
in answer to his Speech.
Joseph Barton, Esquire, being duly returned a Representative
in Assembly for the County of Sussex, and now
attending, was admitted into the House, and took the
usual oaths, and made and subscribed the Declaration
by law appointed, before Cortland Skinner, Esquire, authorized
by dedimus potestatem.
Ordered, That Mr. Barton do take his seat in the
House.
The House adjourned till ten o'clock to-morrow morning.
Thursday, May 18, 1775.
The House met.
The printed Paper, entitled "An Extract of a Letter
from Governor Franklin to the Earl of Dartmouth, dated
Perth Amboy, February 1, 1775; received February 28,"
was read the second time.
Ordered, That Mr. Hinchman, Mr. Mehelm, Mr. Combs,
Mr. Taylor, and Mr. Holme, be a Committee to prepare
and bring in the draught of a Message to his Excellency,
to request his Excellency would be pleased to inform this
House whether the said Extract is authentick or not.
The House adjourned till three P. M.
The House met.
Mr. Hinchman, from the Committee appointed this
morning, brought in the draught of a Message to his Excellency,
according to order; which was read, amended,
agreed to and ordered to be engrossed.
The engrossed Message to his Excellency was read and
compared, and the same is as follows, viz:
Ordered, That Mr. Dey and Mr. Hewlings do wait upon
his Excellency with the following Message:
May it please your Excellency:
A printed Pamphlet lately received from Great Britain,
entitled "The Parliamentary Register, No. 5," has been
laid before this House, containing among other things, a
Paper entitled "An Extract of a Letter from Governour
Franklin to the Earl of Dartmouth, dated Perth Amboy,
February 1, 1775: received February 28," in these words:
"The General Assembly of this Province are. now sitting,
being convened on the 11th of last month, in order
to transact the publick business.
"At the opening of the session I had some hopes of
prevailing on the House of Representatives not to approve
of the proceedings of the General Congress held at Philadelphia,
for which purpose a paragraph of my speech was
particularly calculated. But the Delegates from this Province
took the alarm, and used their utmost endeavours
with the members to persuade them to give their approbation
to those proceedings, as otherwise one grand end
the Congress had in view would be entirely frustrated,
namely: the preserving an appearance of unanimity
throughout the Colonies, without which they said their
measures would not have that weight and efficacy with
the Government and people of Great Britain, as was intended.
"The scheme, however, met with some opposition in
the House, every member proposing to defer the consideration
of it to a future time, or to give their approbation
to only some parts of the proceedings of Congress; but
by the artful management of those who espoused the
measure, it was carried through precipitately the very
morning it was proposed, as your Lordship will see by a
copy of their Resolutions now enclosed, which were all
previously prepared for the purpose."
We request your Excellency will be pleased to inform
this House whether the said Extract contains a true
representation of the words or substance of the Letter,
or any part of the Letter by your Excellency written
relative to the proceedings of the last session of Assembly.
By order of the House.
Richard Smith,
Clerk
.
House of Assembly, May 18, 1775.
Mr. Fisher, from the Committee on the Address to his
Excellency, brought in a draught; which was read, and
ordered to a second reading.
Mr. Deputy Secretary Pettit laid before the House his
Majesty's royal approbation of two Acts of Assembly of
this Province; and also his Majesty's royal disallowance
of one other Act, in these words, viz:
"At the Court of St. James, the 20th day of February,
1775. Present, the King's Most Excellent Majesty, Lord
President, Duke of Queensbury, Duke of Newcastle, Earl
of Denbigh, Earl of Rochford, Earl of Dartmouth, Viscount
Falmouth.
"Whereas, by commission under the great seal of
Great Britain, the Governour, Council, and Assemblv of
His Majesty's Colony of New Jersey are authorized and
empowered to make, constitute, and ordain Laws, Statutes,
and Ordinances for the publick peace, welfare, and good
government of the said Colony, which Laws, Statutes,
and Ordinances are to be as near as conveniently may
be, agreeable to the Laws and Statutes of this Kingdom,
and are to be transmitted to his Majesty for his royal
approbation or disallowance; And whereas, in pursuance
of the said powers, two Acts were passed in the said
Colony in the last session of the General Assembly there,
which have been transmitted, entitled as follows, viz:
"An Act for striking One Hundred Thousand Pounds
in Bills of Credit, and directing the mode for sinking the
same.
"An Act for the relief of Abner Hatfield, an insolvent
debtor.
"Which Acts, together with the representation from
the Lords Commissioners for Trade and Plantations
thereupon, having been referred to the consideration of
a Committee of the Lords of His Majesty's most Honourably
Privy Council for Plantation Affairs, the said Lords
of the Committee did this day report as their opinion to
His Majesty, that the said Acts were proper to be approved.
His Majesty taking the same into consideration,
was pleased, with the advice of his Privy Council, to declare
his approbaiion of the said Acts; and pursuant to
His Majesty's royal pleasure thereupon expressed, the
said Acts are hereby confirmed, finally enacted, and ratified
accordingly; whereof the Governour or Commanderin-
Chief of his Majesty's said Colony of New Jersey, for
the time being, and all others whom it may concern, are
to take notice and govern themselves accordingly.
"G. Chetwynd."
"At the Court at St. James, the 20th day of February,
1775 Present, the King's Most Excellent Majesty, Lord
President, Duke of Queensbury, Duke of Newcastle, Earl
of Denbigh, Earl of Rochford, Earl of Dartmouth, Viscount
Falmouth.
"Whereas, by commission under the great seal of
Great Britain, the Governour, Council, and Assembly of
His Majesty's Colony of New Jersey are authorized and
empowered to make, constitute and ordain Laws, Statutes,
and Ordinances for the publick peace, welfare and good
government of the said Colony, which Laws, Statutes,
and Ordinances are to be as near as conveniently may
be, agreeable to the Laws and Statutes of this Kingdom,
and are to be transmitted for His Majesty's royal approbation
or disallowance; and whereas, in pursuance of the
said powers, an Act was passed in the said Colony in the
last session of General Assembly, and transmitted, entitled
as follows viz.:
"An Act for lowering the interest of Money to Six per
Cent. within this Colony.
"Which Act, together with a representation from the
Lords Commissioners for Trade and Plantations thereupon,
having been referred to the consideration of a Committee
of the Lords of His Majesty's Most Honourable
Privy Council, the said Lords of the Committee did this
day report as their opinion to His Majesty, that the said
Act ought to be disallowed. His Majesty, taking the same
into consideration, was pleased, with the advice of his
Privy Council, to declare his disallowance of the said
Act; and pursuant to His Majesty's royal pleasure thereupon
expressed, the said Act is hereby disallowed, declared
void, and of none effect; whereof the Governour
or Commander-in-Chief of His Majesty's said Colony of
New Jersey, for the time being, and all others whom it
may concern, are to take notice and govern themselves
accordingly.
"G. Chetwynd."
The House adjourned till 9 o'clock to-raorrow morning.
Friday, May 19, 1775.
The House met.
The Address to his Excellency was read the second
time, and committed to a Committee of the Whole House.
The House accordingly resolved itself into a Committee
of the Whole House on the Address, and after some
time spent therein, Mr. Speaker resumed the Chair, and
Mr. Fisher, Chairman of the Comirittee, reported that
the Committee had gone through the Address, and had
made sundry amendments to the same; and by leave of
the House Mr. Fisher reported the Address with the
amendments, which were read; and the Address being
further amended in the House, was agreed to.
Ordered, That the said Address as amended and agreed
to, be engrossed.
The House adjourned till three P. M.
The House met.
The engrossed Address to his Excellency was read and
compared.
Ordered, nem. con.. That Mr. Speaker do sign the same.
Ordered, That Mr. Tucker and Mr. Hinchman do wait
upon his Excellency and desire to be informed when his
Excellency will be attended by the House with their
Address.
Colonel Ford had leave of absence on urgent business,
Mr. Tucker reported that Mr. Hinchman and himself
had waited on his Excellency according to order and that
his Excellency was pleased to say the House should hear
from him.
The House adjourned till nine o'clock to-morrow morning.
Saturday, May 20, 1775.
The House met.
A Message from his Excellency, by Mr. Deputy Secretary
Pettit.
Gentlemen:— As the Honourable Samuel Smith,
Esquire, has resigned his office of Treasurer of the
Western Division, I now inform you that I have, with the
advice of the Council, appointed Joseph Smith, Esquire,
to that office; which appointment, I doubt not, will be
to your satisfaction.
Wm. Franklin.
Burlington, May 20, 1775.
Which was read; and thereupon a certified copy of
the Bond entered into by the said Joseph Smith, Esq.,
being laid before the House, executed according to law,
Resolved, That this House is entirely satisfied with the
security therein mentioned.
It also appearing that the late Treasurer hath paid
into the hands of the said Joseph Smith Esquire, the
sum of Six Thousand, One Hundred and Sixty-Six
Pounds, Fourteen Shillings and Eight Pence, the balance
of the said late Treasurer's accounts, as settled by
the Committees of the Council and this House, together
with all books, papers, &c., belonging to the Colony;
Resolved, That it is the opinion of this House that the
late Treasurer's Bond be taken off the files, cancelled,
and delivered to him.
It also appearing that the Chest heretofore used for
keeping the publick money, &c., is private property.
Ordered, That the present Treasurer do procure a
proper and strong Iron Chest for that purpose, and upon
his exhibiting an account of the expense thereof.
Resolved, That this House will make provision to
defray the said expense.
A Message from his Excellency, by Mr. Deputy Secretary
Pettit.
Mr. Speaker:— His Excellency is in the Council
Chamber, and requires the immediate attendance of the
House.
Whereupon Mr. Speaker left the Chair, and with the
House went to wait upon his Excellency in the Council
Chamber, when he addressed the Governour in the words,
or to the effect following:
"I am ordered by the House of Assembly to deliver to
your Excellency their Address, which being different
from my sentiments, I think it necessary thus publickly
to declare it; a step I should not have taken, had I been
permitted to enter my dissent on the Minutes of the
House."
Having delivered the Address, and being returned,
Mr. Speaker resumed the Chair, and reported that the
House had waited on his Excellency with their Address,
in these words, viz.:
To his Excellency William Franklin, Esquire, Captain General,
Governour, and Commander-in- Chief in and over his
Majesty's Colony of Nova-Csesarea, or New Jersey, and
Territories thereon depending in America, Chancellor and
and Vice-Admiral in the same, &c.
The humble Address of the Representatives of the said
Colony, in General Assembly convened:
May it please your Excellency:— We, his Majesty's loyal
and dutiful subjects, the Representatives of the Colony
of New Jersey, in General Assembly convened, have
taken under our consideration your Excellency's Speech
at the opening of the session, together with the Resolution
of the House of Commons accompanying the same,
containing a proposition for accommodating of the unhappy
differences at present subsisting between our
Parent Country and the Colonies.
As the Continental Congress is now sitting to consider
of the present critical situation of American affairs; and
as this House has already appointed Delegates for that
purpose, we should have been glad that your Excellency
had postponed the present meeting until their opinion
could be had upon the Resolution now offered for our consideration,
and to which we have no doubt that a proper
attention will be paid; more especially as we cannot
suppose you to entertain a suspicion that the present
House has the least design to desert the common cause,
in which all America appears to be both deeply interested
and firmly united, so far as separately, and without the
advice of a body in which are all represented, to
adopt a measure of so much importance. Until this
opinion is known, we can only give your Excellency our
present sentiments, being fully of opinion that we shall
pay all proper respect to, and abide by, the united voice
of the Congress on the present occasion.
Your Excellency is pleased to tell us that this Resolution
"has had a variety of interpretations put on it,"
"that scarcely any have seen it in its proper light;" and
you proceed to give us that explanation of the design
and occasion, which you apprehend will enable us and
our constituents to judge how far the plan it contains
ought to be acquiesced in, and what steps it may be prudent
to take in the present situation. We confess that
your Excellency has put a construction on the proposition,
which appears to us to be new; and if we would be
of the opinion that the Resolution "holds no proposition
beyond the avowal of the justice, the equity, and the propriety
of subjects of the same State contributing, according
to their abilities and situation, to the pnblick burden,"
and did not convey to us 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
gladly embrace the opportunity of settling 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 the administration
of justice, and the support of the civil Government,
but also to contribute, as they have hitherto done when
constitutionally called upon, to every reasonable and
necessary expense for the defence, protection and security
of the whole British Empire; and this Colony in particular
hath always complied with his Majesty's requisitions
for those purposes. And we do now assure your Excellency
that we shall always be ready, according to our
abilities and to the utmost of our power, to maintain the
interests of His Majesty and of our Parent State. If,
then, your Excellency's construction be right, and if a
proposal "of this nature" will, as you are pleased to inform
us, be received by His Majesty with every possible
indulgence, we have hopes that the declaration we now
make will be 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 which the present
differences may be accommodated" — an event which we
most ardently wish for.
We have considered the Resolution of the House of
Commons. We would not wish to come to a determination
that might be justly called precipitate, in the present
alarming situation of affairs; but if we mistake not,
this Resolution contains no new proposal. It appears to
us to be the same with one made to the Colonies the year
preceding the passing of the late Stamp Act; at least it is
not materially different therefrom. America then did
not comply with it; and though we are sincerely disposed
to make use of all proper means to obtain the favour of
His Majesty and the Parliament of Great Britain, 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 submit to that which, in our apprehension, will
reduce us and our constitutents to a state little better
than that of slavery.
By the Resolution now offered, if assented to, we think
we shall be, to all intents and purposes, as fully and
effectually 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 under which we have
been aggrieved; of which we have complained; and
from which we have prayed to be relieved; and that,
too, in a much greater degree, perhaps, than by ail those
Acts put together. We cannot consent to subject the
property of our constituents to be taken away for services
and uses, of the propriety of which we have no right to
judge, while to us are only left the ways and means of
raising the money. We have always thought and contended,
that we had a right to dispose of our property
ourselves; and we have always cheerfully yielded our
assistance to His Majesty in that way, when the exigencies
of affairs required us so to do, and he has condescended
to ask it from us. It is the freedom of granting,
as well as the mode of raising moneys, which this House
cannot voluntarily part with, without betraying the just
rights of the Constitution. The present Resolution seems
to require us to raise a proportion which a Parliament of
Great Britain may at any time think fit to grant. At
this time we cannot form any judgment, either of the
extent of 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; for it appears to
us to be impossible to judge what proportion or share
the people can bear, until we know what situation they
will be in when any sum 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 Parliament of our Parent
State, we cannot, consistent with our real sentiments, and
the trust reposed in us, assent to a proposal big with consequences
destructive to the publick 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 horrour.
There may be much truth in the observation, "that
mankind generally act not according to right, but according
to present interest, and most according to present
passion." Yet we trust that our conduct on the present
occasion is neither influenced by the one nor the
other; and we persuade ourselves that your Excellency
is so well acquainted with the people you govern, that it
is quite unnecessary for us to make use of any means to
convince you of the injustice of the charge, "that the
Americans have deeper views, and mean to throw off all
dependence on Great Britain, and to get rid of every
control of their Legislatures."
We heartily pray that the Supreme Disposer of events,
in whose hands are the hearts of all men, may avert the
calamities impending over us, and influence our Sovereign,
his Ministry, and the Parliament, so as to induce them to
put a stop to the effusion of the blood of the Colonists, who
wish always to look upon their fellow-subjects in Great
Britain as their brethren, and are really desirous to promote
their interests and happiness upon any reasonable
terms; and it will give us great pleasure to find your
Excellency amongst those who, by just and proper representations
of the dispositions of the inhabitants of these
Colonies, shall assist in settling of the present unhappy
differences.
By order of the House.
Cortland Skinner,
Speaker.
House of Assembly, May 19, 1775.
To which his Excellency was pleased to make the following
Answer:
Gentlemen:— I have done my duty, I lost no time in
laying before you the propositions I had received for an
amicable accommodation of the present unhappy differences.
I gave you as full and candid an explanation of
them as I was authorized or enabled to do. Whether
those propositions or my explanation of them did or did
not contain anything new, is but little to the purpose.
The question is, whether they ought or ought not to be
approved, either in whole or in part, or be made the
ground of a negotiation; and whether, in the latter case,
every Assembly on the Continent ought not to take some
active measures to effect an end so desirable. In stating
the matter to you, I could have no suspicion that you
did not think yourselves competent to the business, and
were necessarily to wait the determination of another
body. It was but the last session you assured me that
you would not "suffer any of the rights vested in you by
the Constitution to be wrested out of your hands by
any person or persons whatsoever." I shall forbear to
point out the inconsistency of this Address with that
declaration. Nor shall I aim to convince you of the
wrong ideas you have formed of those propositions.
Were they ever so rightly understood, or ever so well
approved by you, yet, to judge by your own declaration,
it would be of no avail. The times are indeed greatly
altered. I shall be happy to see some proper attempts
made to mend them. My representations and endeavours,
from the first commencement of this unnatural dispute
to this day, have not been, nor shall they ever be, wanting
towards effecting a reconciliation. I am persuaded
that if a disposition of this sort is manifested, and the
proper steps are pursued by those who have it in their
power to take the lead in this important affair on the
part of America, it may be easily accomplished to
mutual satisfaction. His Majesty, I am sure, would wish
to avoid the shedding of the blood of his American as
much as that of his British subjects. They must be all
equally dear to him, if they are equally dutiful. The
Americans, in general, have been, and I hope will ever
prove as well disposed to his Majesty and Family, as the
subjects of any other part of the Dominions.
The House adjourned till three P. M.
The House met.
His Excellency having laid before the House a copy
of the Resolution of the honourable the House of Commons
of Great Britain, of the 20th of February, 1775,
containing a plan formed for the accommodation of the
unhappy differences between our Parent State and the
Colonies; which plan, under the present circumstances,
this House could not comply with and adopt; and yet
this House being desirous of making use of all proper
means to effect a reconciliation, do recommend it to their
Delegates to lay the same plan before the Continental
Congress for their consideration.
Ordered, That Mr. Mehelm and Mr. Elmer do go to the
Council, and inquire whether they have any business
before them; if not, that this House proposes to apply to
his Excellency for a dismission.
Mr. Mehelm reported that Mr. Elmer and himself
waited on the Council accordingly, who said they had
nothing before them.
Ordered, That Mr. Fisher and Mr. Lawrence do wait
upon his Excellency, and acquaint him that the House
having gone through the business, is desirous of a dismission.
Mr. Fisher reported that Mr. Lawrence and himself
waited upon the Governour accordingly, who was pleased
to say the House should hear from him presently.
A Message from his Excellency by Mr. Deputy Secretary
Pettit.
A MESSAGE TO THE ASSEMBLY.
Gentlemen:— It has been my unhappiness almost
every session during the existence of the present Assembly,
that a majority of the members of the House have
suffered themselves to be persuaded to seize on every
opportunity of arraigning my conduct, or fomenting
some dispute, let the occasion be ever so trifling, or let
me be ever so careful to avoid giving any just cause or
offence. This, too, has been done with such an eagerness
in the promoters of it as can only be accounted for on a
supposition that they are either actuated by unmanly
private resentment, or by a conviction that their whole
political consequence depends upon a contention with
their Governour. Such effusions of ill-humour have
never yet, however, nor is it likely they ever will, produce
any benefit to the Province; on the contrary, they
have occasioned great delays and obstructions to the
publick business, and consequently been attended with
very considerable expense to the people.
In this light, and in no other, can I look upon the
proceedings of your House with respect to the matter
mentioned in your Message of Thursday.
A member receives a pamphlet from England, containing,
as is pretended, an extract of a letter from me to the
Secretary of State. What does he do with it? Does he come
to me, or does he write to me on the subject, or does he even
request any other person to inquire of me whether the extract
is genuine or not? No, he treasures it up, till the
House meets; but either through motives of shame or
fear, he does not choose to appear openly in the affair
himself. He looks around for some person to take the
odium of the intended business off his hands, and presently
finds one exactly fitted to his purpose. The pamphlet
is accordingly laid before the Assembly, the extract
is read, inserted at large on the Minutes, ordered a second
reading, and after it had been on record two days, the
House at length thought proper to send me a message
requesting I would be pleased to inform them, "whether
the said extract contains a true representation of the
words or substance of the letter, or any part of the letter
by me written relative to the proceedings of the last session
of Assembly."
If such a proceedure does not manifest a premeditated
affront, and an intention to do me a personal injury, let
any man judge, who considers the several steps which
have been taken in this affair, the many falsehoods
which have been industriously propagated respecting
the contents of the letter, and the present turbulent state
of the Province.
Some, if not all of you, must have known that the
pamphlet though called the Parlimentary Register, was
not a publication authorized by Parliament, or of any
more authority than a common magazine or newspaper.
Nor can I doubt but that some of you must have seen
or heard that what was lately published in that work, as
the Speech of the Earl of Chatham, was publickly denied
by his Lordship.
It is well known to be as much the practice in England
to write and publish speeches which were never spoke, as
it is in America to publish extracts of letters which were
never wrote by the persons to whom they are attributed.
Besides, gentlemen, as to the particular extract in question,
I cannot but flatter myself that I am not so remarkable
for writing nonsense and contradictions but that
you might have at least doubted the genuineness of the
extract when you saw on the very face of it so glaring an
absurdity as could not be supposed to have come from
the pen of any man of common sense. Would you not
have thought me extremely deficient in the common
marks of respect which is due from one gentleman to
another, and much more from one branch of the Legislature
to another, had I seen a pretended extract of a
letter, said to be wrote by you to your Agent, or from him
to you, containing evident nonsense and absurdity, and
should order it to be read in Council, and entered on the
minutes without making any inquiry as to the authenticity
of it, until two days after? Would you not have
construed such conduct into a designed affront, or suspected
that it was calculated to expose you to ridicule,
or to promote some intended injury, more especially in
times so circumstanced as the present.
I cannot think that you have the least right to a sight
of any part of my correspondence with the King's Ministers,
and I am convinced that you would deem it a very
improper request, were I to ask you to communicate to
me your correspondence with the Agent of this Province,
at the Court of Great Britain. I will, however, thus far
comply with your request as to assure you that "the said
extract does not contain a true representation of the
words or substance of my letter;" but had you, before
you suffered it to be entered on your Minutes, applied to
me, either in a private or publick way, I should have had
not the least scruple to have let you seen the whole of
what I wrote "relative to the proceedings of the last session
of Assembly." It has ever been my rule, as it is my duty,
to represent matters exactly in the light as they appear
to me from the best information I can obtain at the time
of writing my dispatches. If I afterwards find that I
have been mistaken in anything, I never fail to rectify
the mistake as soon as discovered.
On the whole, gentlemen, I have very particular reasons
to complain of the treatment I have received on
account of this pretended extract. Great pains have
been taken to propagate an idea that I wrote a letter to
England inimical to the Province, or to America in general.
After it is produced nothing of the kind appears,
nor should I have the least objection to the publication
of my whole correspondence with the King's Ministers.
You have on your Minutes a copy of a letter from Lord
Shelburne, which will show that the representations I
made of the disposition and conduct of the people of this
Province, at the time of the Stamp Act, a time somewhat
similar to the present, were, to use his Lordship's words,
"much to its honour." My sentiments respecting the
present transactions I have no scruple to declare do not entirely
coincide with those of either party. But I trust that
those who know me best will do me the justice to allow
that no office or honour in the power of the Crown to
bestow, will ever influence me to forget or neglect the
duty I owe my Country, nor the most furious rage of the
most intemperate zealots induce me to swerve from the
duty I owe his Majesty.
William Franklin.
1. Resolved, That the laying of the Parliamentary Register
before this House, containing a publication said to be
an extract of a Letter from Governour Franklin to Lord
Dartmouth, so far from doing or carrying an appearance
of intending an injury to the character of his Excellency,
or deserving of those personal reflections contained in his
Message to the House of this day, had, in the opinion of
this House, a tendency to do him real service, by giving
him an opportunity of exculpating himself from the
charge of writing the said Letter or extract, if the charge
had been groundless.
2. Resolved, That Mr. Fisher, Mr. Kinsey, Mr. Tucker,
Mr. Paxon and Mr. Hinchman be a Committee to consider
of the said Message, and make a report to the next
sitting of Assembly.
On the question. Whether the House agrees to the said
Resolution or not?
It passed in the affirmative:
Yeas—
Mr. Combs,
Dey,
Holmes,
Wetherill,
Demarest,
Hand,
Dunham,
Winds,
|
Eldridge,
Taylor,
Kinsey,
Tucker,
Lawrence,
Hewlings,
Mehelm,
Garritse,
|
Paxon,
Sheppard,
Fisher,
Sykes,
Elmer,
Roy,
Hinchman,
Pettit.
|
Nays—
A Message from his Excellency, by Mr. Deputy Secretary Pettit.
Mr, Speaker:— His Excellency is in the Council Chamber, and requires the immediate attendance of this House.
Whereupon Mr. Speaker, with the House, waited upon his Excellency, who was pleased to prorogue the General Assembly to the 20th day of June next, then to meet at Burlington.
——————————
Newark Committee.
At a meeting of the General Committee of Association
for the Township of Newark, in New Jersey, on Thursday,
the 18th day of May, 1775.
The Committee taking into consideration the Resolutions
of the Committees of New York and other Provinces,
relative to the suspension of all exportation to Quebeck,
Nova Scotia, Georgia, and Newfoundland, or any part of
the Fishing Coasts and Fishing Islands; and highly
approving the same, do resolve that it be recommended
to the gentlemen Traders of this Town, that they stop all
exportations to the said places; and also to our constituents
in general, that they do not supply any person whatsoever
with any kind of Exports, which they have reason to believe
are designed for either of those places, nor any of
the King's ships or boats with provisions clandestinely;
nor in any manner whatsoever that may counteract any
Resolutions that have been made by the Committee of
New York.
By order of the Committee.
Lewis Ogden,
Chairman.
——————————
Instructions to Delegates from Newark in Congress
of New Jersey.
At a meeting of the General Committee of Association,
held at Newark, the 18th day of May, 1775:
The following Instructions to Isaac Ogden and Philip
Van Cortlandt, Esquires, Messrs. Bethuel Pierson and
Caleb Camp, the Deputies elected to represent said Town
in Provincial Congress, were unanimously agreed on:
Gentlemen:— The great, the important crisis which
will determine the fate of America, seems hastily
approaching; a crisis in which not only you, the fond
wives of your bosoms, the infants of your tenderest
solicitude, but millions of your posterity yet unborn,
and everything that is near and dear to you, worthy
your wish, or meriting your care, are deeply interested;
a crisis which will decide whether this Continent shall
be governed by the unlimited will of a Senate in which
it has no voice; by a power without the right, over which
it can have no influence or control; whether it shall be
forever bound in wretched, relentless chains of slavery,
or whether the glorious sun of constitutional liberty shall
still enlighten this horizon, and permanently shine, unclouded
with the tainted breath of despotism.
To you, gentlemen, is delegated by the inhabitants of
this Town one of the most important trusts in their
power, which nothing less than tyrant necessity could
have urged them to grant, or you to accept; a necessity
which, with hearts glowing with affection, overflowing
with loyalty to our Sovereign, we unfeignedly lament.
We need not, we mean not, gentlemen, to wish you additional
firmness in the common cause; your being chosen
to this trust sufficiently approves your principles and
steady regard to the duties, the great interests of your
delegation; nor need we advise that you carry with you
that spirit of harmony, that firmness with moderation,
which we are happy to say animate this part of the
Province; and as we have the pleasure and reason to expect
that the interests of the general weal, on constitutional
ground, will be the constant line of your conduct;
that you will keep this goal steadily in view; so we do
not wish to bind you with an embarrassing chain of restrictions,
much less do we presume to dictate measures
to the Provincial Congress; but shall only lay before you
some outlines of a plan which we desire you to propose
to the wisdom of that Convention.
Money has been aptly called the sinews of war; so
may it also the anima that enlivens, that braces and
gives firmness to the nerves of our Constitution. In the
alarming exigency rising before us, there will probably
be occasion for a publick fund; and we could wish, as
the whole Province is equally interested, that the burden
should be also equal. We conceive, when the necessary
sum is fixed by the Congress, that the present Quota Bill,
by which the proportion of taxes in the several Counties
for the support of Government, &c., has been ascertained,
will be a just scale to regulate the present occasion; and
perhaps the Assessors and Collectors in the several Townships
may, in general, be proper persons to conduct the
like business leaving it in the option of such Towns as
may incline to make a special choice of new officers for
this purpose.
We consider it advisable that a certain number of men
be immediately raised, disciplined, well accoutred w4th
arms and ammunition, and prepared in every respect for
an instant service.
That as men who go volunteers will be most likely to
be hearty in the service, and the disagreeable measure of
draughting from the Militia may thereby be prevented, a
roll be opened in every Town where it can be advantageously,
for the enlistment of Volunteers, to be prepared
as above mentioned, for every emergency; that the Congress
appoint the commandant and all the field officers,
and that the General Committees of those Towns where
any company or companies shall be raised, have the
appointment of the Captains and subalterns; that one or
more proper persons be empowered by the Congress to
sign and affix a proper seal to the commissions, agreeable
to such appoiniraent; that the Volunteers, on their enlistment,
subscribe certain articles, to oblige themselves,
under certain penalties, (to be ascertained by the Congress,
similar to the Mutiny Bill, if thought proper,) to
be obedient to their officers, and to prevent desertion;
that proper persons be appointed for a Treasurer of said
fund, and for a Paymaster General, giving the necessary
security, &c.; that the pay for the officers and men be
fixed by the Congress; and that the said Volunteers,
from the day of their enlistment, be in discipline at least
so much time as may amount to one day in a week; and
also such further time, not exceeding ——— days in the
whole, per week, as shall be judged expedient by the
said General Committees; that sufficient arms and
ammunition for such Volunteers as are unable to furnish
themselves therewith, and provisions for emergent occasions
be provided; and that every Volunteer entrusted
with arms, &c., belonging to the Province, be obligated to
return them to the Commanding Officer, when called for,
except such as may be lost in the service, &c.; that magazines
of powder and other necessary military stores be
formed in such parts of the Province as shall be judged
most advantageous for emergencies; that Commmissioners
be appointed to direct and regulate any contingent
business which cannot be ascertained with precision by
the Congress; that Muster-Masters be appointed to review
the companies, and to take care that none but able-bodied
men be continued on the rolls; nor any apprentice
or servant enlisted, without his master's consent in writing;
that a proper number of field-pieces be provided,
and one or more Artillery Companies raised and disciplined.
As exigencies may happen which may require a
greater force than the number of Volunteers to be raised
as aforesaid, that the Congress recommend it to the Militia
Captains throughout the Province to procure such
persons as are capable of teaching military discipline, to
be paid out of the publick fund; and that their men be
exercised at least ——— times per week; that it be
recommended by the Congress to the several Towns or
Counties throughout the Province, who have not already
done it, to appoint General Committees to enter into and
subscribe an Association of similar import to that adopted
by this County.
We are gentlemen, your humble servants.
By order of the Committee.
Lewis Ogden,
Chairman.
——————————
To the Delegates of New Jersey in the Continental
Congress.
(Read before Congress May, 27, 1775.)
House of Assembly, New Jersey, }
May 20, 1775.}
His Excellency having laid before the House a copy
of the Resolution of the honourable House of Commons
of Great Britain, of the twentieth of February, 1775,
containing a plan formed for the accommodation of the
unhappy differences between our Parent State and the
Colonies, which plan, under the present circumstances,
this House could not comply with and adopt; and yet
this House, being desirous of making use of all proper
means to effect a reconciliation, do recommend it to their
Delegates to lay the same plan before the Continental
Congress for their consideration. A true copy from the
Journals.
Richard Smith,
Clerk of Assembly
.
——————————
Congress of New Jersey to New York Congress.
In Provincial Congress, New Jersey, }
Trenton, May 26, 1775, }
Gentlemen:— We, the Deputies appointed by the inhabitants
of this Province, to meet in Provincial Congress,
are now convened here for the purpose of pursuing
such measures as may be thought expedient in the
present unhappv situation to which the Colonies are
reduced, and which the peculiar exigencies of the times
may require. As nothing can tend more to ensure success
to the steps that may at this critical juncture
be adopted by the several Provinces, than a uniform
plan of conduct, we conceived it necessary to look up to
the Continental Congress for their advice and direction
which we have accordingly applied for, and hope soon to
receive. We also think of consequence, that a correspondence
should be established with you, and our other
sister Colonies, and a free communication be had from
time to time of such measures as may be judged most
conducive to the interest of the common cause; and request
that we may be favoured with such intelligence as
may occur to you worthy of attention, and of which our
situation may probably deprive us.
We are gentlemen, your humble servants.
Hendrick Fisher,
President.
To the Provincial Congress of New York.
The following reply was received:
In Provincial Congress, }
New York, May 29, 1775. }
Gentlemen:— We have received your letter of the 26th
instant, informing us that your body is formed. We
agree with you in opinion that nothing can tend more to
ensure success to the steps that may be taken by the several
Colonies, at this critical juncture than a uniform
plan of conduct; and we are equally convinced, that to
this end we ought to look up to the Continental Congress
for advice and direction. We are ready to establish a
correspondence with you and our other sister Colonies,
and a free communication of such measures as may,
from time to time, be judged most conducive to the common
cause. Every intelligence to this end we shall
most readily communicate. At the same time permit us
to observe, that either the directions of the Continental
Congress or the nature of a particular measure may
render its secrecy absolutely necessary.
We are, gentlemen, your humble servants.
To the Provincial Congress of New Jersey, at Trenton.
——————————
Burlington County Committee.
At a meeting of the General Committee of Observation
for the County of Burlington, in the Province of New
Jersey, at the house of John Imlay, in the Township of
Mansfield, June 24, 1775.
The Deputies appointed for the County of Burlington,
to attend a Provincial Congress at Trenton, in May last,
laid before the Committee an Association, recommended
by that body to the good people of this Province; as also
certain Rules for regulating the new-raised Militia, and
a recommendation to raise the sum of Ten Thousand
Pounds for the use of the Province at this very critical,
situation of publick affairs.
The Committee taking the said Papers into consideration,
after some time spent therein, it was, on motion.
Resolved, 1st, That this Committee do heartily approve
of said Association, conceiving it to be of the utmost importance
towards the future well-being of this County,
that the Magistrates, and other civil officers of Government,
should be supported in the due execution of their
respective offices, agreeable to the laws of this Colony ;
and that the good people of this County do make use of
every means in their power to guard against those disorders
and confusions, to which the peculiar circumstances
of the times may expose us.
Resolved, 2d, That as unanimity amongst all ranks of
people, in a virtuous opposition to the oppressive measures
of the British Ministry and Parliament is the alone
foundation whereon we can hope, under Providence, for
a deliverance from our present grievances, it is most
earnestly recommended and enjoined by this Committee
to the good people of the County of Burlington, that no
person or persons, on any pretence whatsoever, do attempt
in the least degree to injure or molest his or their neighbour,
for any supposed imposition or misconduct that
they may have been guilty of on acccount of the present
calamitous times, that is not cognizable by the laws of
the Province; but that he or they do exhibit their complaint
against such person or persons before some member
of this Committee, who is hereby required to lay the
same before the Chairman, and desire a general meeting
of the Committee, in order that each party may have a
fair hearing.
Resolved, 3d, That any person or persons in this County,
who shall act contrary to the above mode of proceeding,
ought to be deemed a violator of the eleventh article of
the Continental Association, inimical to the British Constitution,
and unfriendly to the liberties of America.
Resolved, 4th That this Committee do approve of the
Rules recommended by the Provincial Congress, for the
good Government of the new-raised Militia, and desire
that the respective Military officers in this County will
conduct themselves consistent therewith.
Resolved, 5th, That this Committee do approve of the
recommendation of the Provincial Congress to raise the
sum of Ten Thousand Pounds for the use of the Province
at this most critical and important moment, recommending
it to the good people of this County cheerfully to
contribute their apportionment of the same; and as the
Provincial Congress have ordered the said money to be
disposed of by the respective County Committees, in such
manner as they in their discretion shall think most
proper, this Committee doth, in consequence thereof,
most solemnly assure their constituents that whatever
money may be lodged in their hands, or in the hands of
the collector, shall be faithfully disposed of according as
they may think most beneficial lor the service of the
County, and purposes intended by the Provincial Congress;
and that, whenever the publick shall desire it,
they will cheerfully render a true and proper account of
their proceedings and disbursements, that every member
of the community may know that his contribution has
not been embezzled or wasted.
Signed by order of the Committee.
Peter Tallman,
Chairman.
——————————
Elizabethtown Committee To Committee of New
York.
Committee Chamber, }
Elizabethtown, July 6, 1775. }
Sir:— We have just received information that one
William McLeod, son of Captain McLeod, of this place,
lately appointed an Ensign in the Fifty-Second Regiment
at Boston, left this Town early this morning and
went to New York, in order to take passsage from thence
to join his Regiment. We have thought fit to give you
this intelligence that you may do what you think proper
on the occasion. As soon as we got notice of his departure
for such a purpose, his baggage was detained.
By order of the Committee,
Jona. Hampton,
Chairman.
To the General Committee of New York.
——————————
Mendham, Morris County, Committee
.
July 8, 1775.
Whereas, the Committee of Observation for the Township
of Mendham, in the County of Morris, having legally
notified Ezekial Beach to appear before us, to answer
sundry charges exhibited against him touching his unfriendly
conversation and conduct towards the Continental
Association; said Beach not appearing, we do
agree for ourselves, and recommend it to all others, to
break off all dealings or connection with him, agreeable
to the Eleventh Article of the Continental Association.
Signed by order of the Committee.
David Thompson,
Chairman.
Elizabethtown Committee to New York Committee.
Elizabethtown, Monday July 17, 1775.
Gentlemen:— We have this moment received from the
Committee of Philadelphia four hogsheads, said to contain
fifty-two quarter-casks of powder, which they direct
to be conveyed to Dobbs' Ferry, there to be delivered to
the order of your Committee. We are sorry to say, that
this powder has been coming from Philadelphia since the
first instant; this accidental delay makes the utmost despatch
necessary, which we doubt not you will promote as
far as is in your power.
We are, Gentlemen, your most humble servants.
Jona. Hampton,
Chairman.
To the Chairman of the Committee of the City of New
York.
P. S. — The powder will be at Dobbs' Ferry by nine
o'clock to-morrow morning.
——————————
Elizabethtown Committee.
Committee Chamber, Elizabethtown, }
July 17, 1775. }
Resolved, That this Committee, for every hundred
weight of Saltpetre made within this Town for the first
three months after this day, will pay the sum of twenty
Pounds, proclamation money of New Jersey, on the delivery
thereof to this Committee, and fifteen Pounds, of
same currency, for the like quantity of Saltpetre, made
and delivered as aforesaid, within the next three months
thereafter.
The Chairman of this Committee having received a
letter from Mr. Richard Lawrence, a Delegate of Richmond
County for the Provincial Congress of the Colony
of New York, informing that the inhabitants of said
County had, in general, signed the Association recommended
by the Committee of New York, this Committee
are therefore of opinion that the inhabitants of said
County be restored to their commercial privileges with
the inhabitants of this Town.
By order of the Committee.
Jonathan Hampton,
Chairman.
——————————
Ellzabethtown Committee to New York Congress.
Elizabethtown, July 25, 1775.
Sir:— Under the conduct of Sergeant Faulker, with a
file of men, I have, by an order of our Committee, sent
three persons as prisoners, who were apprehended here
on this day on suspicion of being deserters from Gen.
Wooster's camp. We have not been able to draw any
confession out of them to the purpose; they differ widely
in their stories, which renders them so suspicious that
we have thought proper to send them to your Committee
for further examination and inquiry.
By order of the Sub-Committee.
Jona. Hampton,
Chairman.
P. S. — The prisoners all agree that they came from
New Haven together, but differ as to the time; and one
of them was lately seen by one of our members in the
camp, which gives us strong suspicion of their being
deserters from Waterbury's Regiment, now under marching
orders.
——————————
New Brunswick Committee to New York Committee
of Safety.
City of New Brunswick, July 27, 1775.
Gentlemen:— Your favour of the 21st instant came
safe to hand, the contents of which was duly observed.
Application was immediately made to Mr. Merrill, who
says, about three weeks past a person coming from Egg
Harbour, when within the Hook, saw a boat standing
down our bay, that he thought was loaded with flour,
which boat, he believes, went along side the man-of-war.
This is all he ever heard or knows of the matter. Every
other inquiry in our power has been made, but can make
no further discovery.
All intelligences and discoveries of every action inimical
to American liberty, and every matter of instruction
for our better preservation and protection, will be paid
due regard to and cheerfully received from you by the
Committee of this City.
Assure yourselves, gentlemen, that this Committee has
and ever will be ready to render to their country every
service in their power, and will continue to give a strict
attention to, and duly observe all resolutions formed by
the Continental Congress.
We are, with esteem, gentlemen, your obedient humble
servants.
John Dennis,
Chairman.
To Mr. Henry Williams, Chairman of the Committee
of Safety, New York.
——————————
Meeting of the Freeholders of Somerset County,
New Jersey.
At a meeting of the Freeholders of the County of
Somerset, in the Province of New Jersey, assembled at
the Court House in said County, on Friday the 28th day
of July, 1775, pursuant to advertisements of the late
Committee of Correspondence, Hendrick Fisher, Esq.,
Chairman, John Leferty, Secretary.
The said Freeholders being informed that the late
Committee of Correspondence for this County expired
the 15th day of July instant, and being convinced of the
necessity of choosing a new Committee of Correspondence
for the County, do Resolve, That a new Committee of
Correspondence, to consist of seventeen persons, be chosen
for this County by ballot.
Adjourned for one hour.
Met according to adjournment; when the following
gentlemen were elected a Committee of Correspondence
for this County, viz: The Rev. Dr. John Witherspoon,
Jacob Bogart, John Gaston, Gisbart Bogart, Gabriel Ogden,
Garret Voorhees, Cornelius Van Muliner, Thomas
Berry, Stephen Hunt, Rowland Chambers, Matthew Ten
Eyck, William Annin, Ruloff Van Dicke, Jacob Bergen,
Hendrick Van Middlesworth, Lucas Voorhees, and Ebenezer
Tingley.
Resolved, That it be recommended, and it is hereby
recommended to every township in this County, to assemble
as soon as possible, and choose for their respective
Townships nine persons, to be a Committee of Inspection
to take cognizance of all violations of the measures recommended
by the Representatives of the people in their
District. And this County do further recommend that
every Township Committee do choose from among themselves
three persons, who shall meet when called upon,
with an equal number of persons from every Township
Committee, and form a General Committee of Inspection
for the County, in case of an appeal, or when matters of
importance require the sense of the County, or when a
Township Committee choose not to decide on a case by
themselves.
Resolved, That the Chairman of the late Committee of
Inspection for each Township do notify a meeting of the
inhabitants of their Township, for the purpose of choosing
the aforesaid Committee of Inspection.
Resolved, That the County do earnestly recommend to,
and they do hereby instruct their Committee of Inspection,
to be vigilant and active in the discharge of their
duty in taking cognizance of every person of whatsoever
rank or condition, who shall, either by word or deed, endeavour
to destroy our unanimity in opposing the arbitrary
and cruel measures of the British Ministry; and so
deal with him or them as to the particular Committee of
Inspection where the offender resides, or to the General
Committee of Inspection, (if an appeal or other reason
require the same to be called,) shall seem most conducive
to prevent any injury to the glorious cause of American
freedom.
Resolved, That the Committee of Correspondence above
chosen, and the Committees of Inspection to be chosen
for the different Townships of this County, do continue
until the first Monday in May next; after which, the
Chairman of the Committee of Correspondence shall
within three weeks call a meeting of the County. And
in all cases when it shall be thought necessary to have
the County assembled, the Secretary is hereby authorized
and directed to give as publick notice thereof as possible ;
and this County do agree to defray the expenses thence
arising.
Ordered, That the foregoing Resolves and Proceedings
be published in one of tiie New York newspapers.
A true copy from the Minutes.
John Leferty,
Secretary.
A draught of a Letter to the Committee at Brunswick,
in New Jersey, was read and approved, and is in the
words following, to wit:
Committee of Safety, }
For the Colony of New York, }
July 21, 1775. }
Gentlemen:— We have had intelligence that boats
have sundry times loaded flour at or about your City,
and have run down to the west bank, and there met
boats to take it from them for the use of the men-of-war
and the Army at Boston. As this is contrary to the resolution
of the Continental Congress, it is a matter that requires
your strictest inspection to prevent such traders from
pursuing a business inimical to the cause of liberty in
the United Colonies.
We have been informed that Mr. Merrill, opposite to
or near Brunswick, can give you farther information on
the subject. We are, respectfully, gentlemen, your very
humble servants. Per order of the Committee. To the
Committee at New Brunswick,
Ordered, That a copy thereof be engrossed, and signed
by the President, and transmitted.
——————————
Bergen County Committee.
Bergen County Committee Chamber }
August 29, 1775. }
Resolved, That Peter Zabriskie, Jacob Terhune, John
Demarest and Joost Zabriskie, be a Committee of Safety,
to act for the County during the recess of the County
Committee.
Resolved, That all male persons, above sixteen and
under fifty years old, who have removed or shall hereafter
remove from other Provinces or other Counties into
this County, during the present unhappy contest between
Great Britain and the American Colonies, shall be enrolled
in the Militia Company of the District within
which such Companies shall respectively reside; and that
all such as neglect or refuse to come under the Militia
Regulations of the Provincial Congress of this Province
shall be immediately desired to leave the County.
By order of the Committee.
John Fell,
Chairman.
——————————
To the Honourable the Delegfates of the Thirteen
United Colonies in General Congress Assembled.
The Committee for the County of Cumberland, in the
Province of New Jersey, beg leave to represent:
That the good people of this County have ever showed
themselves forward in the cause of liberty, being the first
in (at least this part of it) the Province that took up
arms in support of the common cause, ever since which
they have been diligently engaged in learning the military
art, and furnishing themselves with the implements
of war; notwithstanding which, they have not been able
to provide themselves with a sufficient quantity of ammunition,
particularly powder, of which article they assure
us they have not a suiticient quantity to enable them to
defend their property, in case of any emergency, until a
supply could be procured from Philadelphia. We cannot
but think this circumstance truly alarming, when
we consider that we lie open, defenceless, and exposed to
the depredations of Ministerial robbers, should they think
proper to enter our Bay.
These considerations, joined to the probability we conceive
there is that General Gage will, before the beginning
of the winter, try every method, and ransack every
place that may be in his power, to furnish his Troops
with fresh provisions, will, we apprehend, fully appologize
for this our application to your honourable Board
for relief, especially when we assure you that we have
taken every method in our power to furnish ourselves.
We therefore earnestly beg you would take such measures
for our relief in the premises as to you shall seem
meet, assuring you that you may with the greatest safety
rely on our taking every precaution necessary for securing
any powder you may be pleased to order for our relief,
and that none of it shall be used but in support of the
rights and privileges of our countrymen.
Signed by order of the Committee.
Thomas Harris,
Chairman.
September 30, 1775.
——————————
Hendrick Fisher to New York Committee of
Safety.
New Jersey, September 30, 1775.
Sir:— As our Committee of Safety is at present not
sitting, on receiving your favour of the 27th instant, by
order of your Committee, I immediately advised with
some of our Committee members, who were of opinion,
with me, that as our Provincial Congress is to meet on
Tuesday, the 3d of October next, which is as early as our
Committee possibly can be convened, to lay your request
before them, which I shall do accordingly, as soon as
they have formed a board, and doubt not but they will
do therein what is most proper.
I have the honour to subscribe myself your (and the
other gentlemen of your Committee) very obedient and
most humble servant.
Hendrick Fisher.
To John Haring, Esq., Chairman of the Committee
of Safety for the Province of New York.
——————————
Sussex County Committee.
In Committee, Sussex County, New Jersey, }
October 5, 1775. }
George McMurtrie, of Hardwick, being brought
before this Committee, and charged with having
spoke very contemptously and disrespectfully of the
Continental and Provincial Congresses; which being
fully proved, it is resolved that the said George McMurtrie
be advertised in the publick prints as an enemy to
his Country, and that no person or persons have any
dealings or connection with him until he shall cause an
acknowledgment of his fault to be published in one of
the New York or Philadelphia newspapers, on pain of
being deemed inimical to the liberties of America.
By order of the Committee.
Jacob McCollom,
Chairman pro tem.
——————————
Extracts
From the Journal of Proceedings of the Provincial
Congress of New Jersey, held at Trenton,
IN the Months of May, June and August,
1775.
—————
Provincial Congress.
LIST OF THE DEPUTIES WHO ATTENDED IN MAY AND JUNE.
Bergen — John Fell, John Demarest, Hendrick Kuyper,
Abraham Van Boskirk, Edo Merselius.
Essex — Henry Garritse, Michael Vreeland, Robert
Drummond, John Berry, William P. Smith, John Stites,
John Chetwood, Abraham Clark, Elias Boudinot, Isaac
Ogden, Philip Van Cortlandt, Bethuel Pierson, Caleb
Camp.
Middlesex — Nathaniel Heard, Willian Smith, John
Dunn, John Lloyd, Azariah Dunham, John Schurman,
John Wetherill, David Williamson, Jonathan Sergeant,
Jonathan Baldwin, Jonathan Deare.
Morris — William Winds, William De Hart, Jonathan
Stiles, Peter Dickerson, Jacob Drake, Ellis Cook, Silas
Condit.
Somerset — Hendrick Fisher, John Roy, Peter Schenck,
Abraham Van Neste, Enos Kelsey, Jonathan D. Sergeant,
Frederick Frelinghuysen, William Paterson.
Sussex — Archibald Stewart, Edward Dumont, William
Maxwell, Ephraim Martin.
Monmouth — Edward Taylor, Joseph Saltar, Robert
Montgomery, John Holmes, John Covenhoven, Daniel
Hendrickson, Nicholas Van Brunt.
Hunterdon — Samuel Tucker, John Mehelm, John
Hart, John Stout, Jasper Smith, Thomas Lowry, Charles
Stewart, Daniel Hunt, Ralph Hart, Jacob Jennings,
Richard Stevens, John Stevens, Jr., Thomas Stout,
Thomas Jones, John Basset.
Burlington — Joseph Borden, Isaac Pearson, Colin
Campbell, Joseph Read, John Pope.
Gloucester — John Cooper, Elijah Clark, John Sparks.
Cumberland — Samuel Fithian, Jonathan Elmer,
Thomas Ewing.
Salem — Andrew Sinnickson, Robert Johnson, Samuel
Dick, Jacob Scoggin, James James.
Cape May — Jesse Hand.
Tuesday, May 23, 1775.
The Provincial Congress having been appointed to
convene this day at Trenton, a large number of the Deputies
accordingly assembled; and the day was spent in
examining and comparing the certificates of election of
the several members present.
Wednesday, May 24, 1775.
The Congress proceeded to the choice of a President,
when Hendrick Fisher, Esq., was duly elected; Jonathan
D. Sergeant, Esq., was chosen Secretary, and William
Paterson, Esq., and Mr. Frederick Frelinghuysen his
assistants.
Inasmuch as the business on which this Congress are
now assembled, and is likely to engage their deliberations,
appears to be of the highest moment, and may in
the event affect the lives and properties, the religion and
liberties of their constituents, and of their remotest posterity,
it unquestionably becomes the representative body
of a christian community to look up to that all-powerful
Being, by whose providence all human events are guided,
humbly imploring His divine favor, in presiding over
and directing their present councils towards the re-establishment
of order and harmony between Great Britain
and her distressed Colonies; and that He would be
graciously pleased to succeed the measures that may be
devised as most conducive to these desirable ends. It is
therefore ordered, that the President do wait upon the
ministers of the gospel in this town, and, in behalf of
this Congress, request their alternate attendance and service
every morning at eight o'clock, during the session,
in order that the business of the day may be opened with
prayer for the above purposes.
The President opened to the Congress the important
occassion of their meeting — recommended the utmost
deliberation in determining on the measures to be pursued
in defending those inestimable rights and privileges to
which, by our happy constitution, the inhabitants of this
Province are justly entitled — and that due care might be
taken to support the established civil authority (so far as
might consist with the preservation of their fundamental
liberties) for the maintenance of good order and the undisturbed
administration of justice.
The Congress then took into consideration the present
unhappy contest between Great Britain and these Colonies,
which they determined to be of such a nature, and
had arrived to such a crisis, that this convention had
become absolutely necessary, in order to provide such
ways and means for the security of the Province, as the
exigencies of the times require; and, at the same time,
declared, that they had assembled with the profoundest
veneration for the person and family of his sacred
Majesty George III, firmly professing all due allegiance
to his rightful authority and government.
Whereas a majority of the several legislative representatives
of this Colony, in General Assembly convened at
Perth Amboy, in January last, was instructed and authorized
by their constituents to elect and appoint Deputies to
represent this Province in the Continental Congress now
sitting in the city of Philadelphia; and whereas the said
General Assembly did accordingly elect and appoint
Stephen Crane, James Kinsey, William Livingston, John
De Hart and Richard Smith, Esquires, for that purpose;
and whereas some of the Counties of this Colony omitted
so to instruct and authorize their said legislative representatives,
who, notwithstanding, cordially joined in the
said election and appointment. This Congress do therefore
heartily approve of the said Stephen Crane, James
Kinsey, William Livingston, John De Hart and Richard
Smith, as Representatives of this Province in the said
Continental Congress; and do also sincerely thank the
House of Assembly for the laudible regard they have
shewn for the rights and liberties of the good people of
this Province, in timely adopting the Continental Association,
and resolving in favour of the resolutions and
proceedings of the late Continental Congress. And it is
unanimously agreed and resolved, that it will be most
eligible for the inhabitants of each respective County in
this Colony, whenever a Continental Congress shall be
again necessary, to appoint and empower Deputies to
meet in Provincial Congress, for the purpose of electing
Delegates to represent this Province in such Continental
Congress.
Ordered, That all votes be taken from the Counties respectively,
so that the vote of each County be taken as one.
The Congress having considered the application of
about two hundred of the inhabitants of the Township of
Shrewsbury, in the County of Monmouth, calling themselves
Associators of the said Township, do unanimously
advise, that the persons appointed by the said present
Associators, as their Committee, do immediately advertise
a meeting of the inhabitants of the said Township of
Shrewsbury, in order to choose a Committee of Observation
for the said Township, and adopt the Association
recommended by the Continental Congress; and, after
such choice and adoption, to elect Deputies, one or more,
to represent them in this Congress. And that the persons
who shall be so elected, by a majority of the inhabitants
attending the said meeting of the Township, be
received as members of this Congress. And in case of
the refusal or neglect of the Township so to do, then this
Congress do advise the said Committee of the present
Associators to send a Deputy or Deputies for themselves
to this Congress; and do direct the said Committee to
make and certify their report to this Congress of what
shall have been done in this behalf.
Thursday, May 25.
Samuel Tucker, Esquire, was elected Vice President by
plurality of votes.
The Congress resumed the consideration of a written
message to the Continental Congress, which, after certain
amendments, was approved and ordered to be entered,
and a copy to be made and signed by the President;
which message is in the words following, viz.:
Gentlemen:— In the present alarming crisis, we have
been appointed by the several Counties of this Province
as their Deputies to meet in Provincial Congress. We
are accordingly now convened in this place, with dispositions
most heartily to concur to the utmost of our
abilities, in the common cause of America. Yet we think
it not advisable to enter into any measures of consequence,
until some general plan may be agreed to and
recommended by you. In this first instance of such
assembly in the Colony, without any precedent among
ourselves to direct us, and, at the same time, anxiously
concerned to make our Provincial measures consistent
with that plan which may be devised and recommended by
the Continental Congress, we have judged it necessary to
address ourselves to you for such advice and assistance
as you in your wisdom may think proper to favour us
with. For this purpose we have deputed William P.
Smith and Elias Boudinot, Esquires, the bearers hereof,
whom we recommend, requesting that you will be pleased
to furnish us by them with such directions concerning
the line of conduct in which we ought to act, as may prevent
any measures we shall adopt from marring or obstructing
the general views of the Congress, or disappointing
your expectations.
We are.
Gentlemen, &c.
Friday, May 26.
The Continental Congress having resolved unanimously,
"That all exportations to Quebec, Nova Scotia,
the Island of St. John's, Newfoundland, Georgia, (except
the parish of St. John's) and to East and West Florida,
immediately cease; and that no provisions of any kind,
or other necessaries, be furnished to the British fisheries
on the American coasts, until it be otherwise determined
by the Congress.
Resolved unanimously, That this Congress do earnestly
recommend to the good people of this Province, that they
do most religiously adhere to the said Resolution; and
that the Secretary do publish this Resolve in one or
more of the public newspapers.
The Committee appointed for opening a correspondence
with the Provincial Congress of New York, reported
a draught of a letter for that purpose; which was read,
approved, and ordered to be entered; and a copy to be
made out and signed by the President; which letter was
in the words following, viz:
Gentlemen:— We, the Deputies appointed by the inhabitants
of New Jersey to meet in Provincial Congress,
are now convened here, for the purpose of pursuing such
measures as may be thought most expedient in the present
unhappy situation to which the Colonies are reduced,
and which the peculiar exigencies of the times may require.
As nothing can tend more to ensure success to
the steps which may, at this critical juncture, be adopted
by the several Provinces, than a uniform plan of conduct;
we conceived it necessary to look up to the Continental
Congress for their advice and direction; which we have
accordingly applied for, and hope soon to receive. We
also think it of consequence that a correspondence should
be established with you and our other sister Colonies,
and a free communication be had, from time to time, of
such measures as may be judged most conducive to the
interest of the common cause; and we request to be
favoured with such intelligence as may occur to you,
worthy of attention, and of which our situation may
probably deprive us. We are, &c.
Monday, May 29.
Pierpoint Edwards, Esq., one of a Committee from the
Assembly of Connecticut to this Congress, attended with
certain propositions and instructions, which were received
and read, and ordered to be referred for further consideration.
Messrs, Daniel Hendrickson and Nicholas Van Brunt,
from the Township of Shrewsbury, in the County of Monmouth,
produced a certificate that the said Township had
chosen a Committee of Observation pursuant to the
directions of the Continental Congress, and that they
had elected these gentlemen as Deputies to represent the
said Township in this Congress. The said certificate was
allowed and filed.
Tuesday, May 30.
William P. Smith and Elias Boudinot, Esqrs., the
Committee sent by this Congress with a message to the
Continental Congress, returned with a written answer,
importing, that the Congress were not as yet prepared to
give any advice on the state of this Province, and promising
the same as soon as they should be prepared.
Jonathan D. Sergeant, Esq., having resigned his office
of Secretary to this Congress, William Paterson, Esq., was
chosen Secretary and Mr. Frederick Frelinghuysen Deputy
Secretary.
The Congress received a letter from the Provincial
Congress of New York, in answer to theirs of the 26th
instant, importing their readiness to establish a correspondence
with us, and a free communication of such
measures as may from time to time be judged conducive
to promote the common cause.
Wednesday, May 31.
The petition of Robert Murray and John Murray,
setting forth their sincere contrition for violating the
Continental Association, and their determined resolution
for the future strictly to observe the same, &c., was read,
and ordered a second reading.
The petition of Robert and John Murray was read a
second time; and, being now considered, it was unanimously
resolved, that the petitioners, having made the
best satisfaction in their power for their former breach of
the general Continental agreement, and expressed their
resolution strictly to adhere to the same in future, ought
to be restored to the favourable regard of their Country;
and the said Robert and John Murray are accordingly restored
to all the civil and commercial privileges which
they heretofore enjoyed in this Province.
P. M.
The Congress resumed the consideration of the form of
an Association, which was reported in the morning; and,
after certain amendments, approved the same, and ordered
it to be entered, which is in the words following:
We, the subscribers, freeholders and inhabitants of the
Township of
in the County of
and
Province of New Jersey, having long viewed with concern
the avowed design of the Ministry of Great Britain
to raise a revenue in America; being deeply affected
with the cruel hostilities already commenced in the
Massachusetts Bay for carrying that arbitrary design into
execution; convinced that the preservation of the rights
and privileges 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, solemnly
associate and resolve, under the sacred ties of virtue,
honor and love to our Country, that we will personally,
and as far as our influence extends, endeavour to support
and carry into execution whatever measures may be
recommended by the Continental and our Provincial Congress,
for defending our Constitution, and preserving the
same inviolate.
We do also further associate and agree, as far as shall
be consistent with the measures adopted for the preservation
of American freedom, to support the magistrates
and other civil officers in the execution of their duty,
agreeable to the laws of this Colony; and to observe the
directions of our Committee, acting according to the
Resolutions of the aforesaid Continental and Provincial
Congresses; firmly determined, by all means in our
power, to guard against those disorders and confusions to
which the peculiar circumstances of the times may expose
us.
Resolved, That copies of the above Association be immediately
sent to the Committees of Observation or Correspondence
in the several Counties of this Province,
which have not already associated in a similar manner,
in order that the same may be signed by the several
inhabitants, accompanied with the following letter, to
be signed by the President:
Gentlemen:— Anxiously desirous to promote as far
possible an union among the inhabitants of this Colony,
we have thought proper to recommend to them the enclosed
Association, which we desire may be immediately
signed by the good people of your Township, that at a
time when our most valuable privileges are invaded, we
may in a uniform manner make our defence, and prevent
the evils to which our unhappy situation exposes us.
Thursday, June 1.
The Committee appointed to prepare the draught of
an answer to Pierpoint Edwards, Esq., reported the same;
which was read, approved, and ordered to be entered;
and a copy thereof to be delivered, signed by the President;
which is in the words following:
In Provincial Congress, }
New Jersey, June 1, 1775.}
Pierpoint Edwards, Esq., from the Colony of Connecticut,
having laid before this Congress sundry papers containing,
among other things, the appointment of a Committee
by the House of Representatives of said Colony,
for the purpose of procuring intelligence of the true state
of this Province, giving information of the state of the
said Colony of Connecticut, and for cultivating harmony
and good correspondence with this Province; and this
Congress having read and considered the same, take this
method of expressing their highest satisfaction with the
spirited conduct and proceedings of the said Colony of
Connecticut; and do hereby request the said Mr. Edwards
to assure the Honourable House of Representatives of
that Colony, that the Province of New Jersey will most
heartily co-operate with them in the general measures
now pursuing for the common defence of the rights of
America; and will with great pleasure cultivate that
harmony and good correspondence with our brethren of
Connecticut, which they so earnestly desire — that this
Congress are now engaged in settling a plan for putting
the Province in the best state of defence in their power;
and are ready to pursue such other methods and directions
as shall be recommended to them by the Continental
Congress, from whom they are daily expecting
advice for this purpose; and whenever any particular
measure shall be finally settled and concluded upon by
this Province, the House of Representatives of Connecticut
shall have the earliest intelligence.
Friday, June 2.
A letter from Pierpoint Edwards, Esq., requesting copies
of such of the Resolves and Proceedings of this Congress
as respected the regulation of the Militia, the raising of
men and money, &c., for the common defence of America,
was received and read; to which the following answer
was returned, viz.:
Sir: — The Congress received your polite letter of this
morning; and are sorry that the Militia Bill and other
matters now before them are not so far completed that
they can comply with your request, in giving you extracts
from them to take with you to the Honourable
House of Assembly of the Colony of Connecticut. You
may, however, be assured, that when the Congress rise,
a copy of such proceedings as shall be necessary to be
communicated, will be transmitted to the Speaker of
your Honourable House.
We are, &c.
Saturday, June 3, P. M.
The draught of a plan for regulating the Militia of
this Colony, which was reported in the morning, was
read a second time; and, after sundry amendments, was
approved, and ordered to be entered; which is in the
words following:
The Congress taking into consideration the cruel and
arbitrary measures adopted and pursued by the British
Parliament and present Ministry, for the purpose of subjucating
the American Colonies to the most abject servitude;
and, being apprehensive that all pacific measures
for the redress of our grievances will prove ineffectual,
do think it highly necessary that the inhabitants of this
Province be forthwith properly armed and disciplined,
for defending the cause of American freedom. And further
considering that, to answer this desirable end, it is
requisite that such persons be entrusted with the command
of the Militia, as can be confided in by the people,
and are truly zealous in support of our just rights and
privileges, do recommend and advise that the good
people of this Province henceforward strictly observe the
following rules and regulations, until this Congress shall
make further order therein:
1st That one or more companies, as the case may require,
be immediately formed in each Township or Corporation; and,
to this end, that the several Committees in this
Province do, as soon as may be, acquaint themselves
with the number of male inhabitants in their respective
districts, from the age of sixteen to fifty, who are
capable of bearing arms; and thereupon form them into
companies, consisting as near as may be of eighty men
each; which companies so formed shall, each by itself,
assemble and choose, by plurality of voices, four persons
from among themselves of sufficient substance and capacity
for its officers, namely, one captain, two lieutenants
and an ensign.
2d. That the officers so chosen appoint for their respective
companies fit persons to be sergeants, corporals
and drummers.
3d. That as soon as the companies are so formed, the
officers of such a number of companies as shall by them
be judged proper to form a regiment, do assemble and
choose one colonel, one lieutenant-colonel, a major and
an adjutant, for each regiment.
4th. That each captain, as soon as elected, furnish
himself with a muster-roll, after the form following, to be
signed by every person under his command, viz:
We, the subscribers, do voluntarily enlist ourselves in
the company of in the township of
in the county of under the command of colonel
(if a colonel shall be chosen at the time of subscribing)
and do promise to obey our officers in such service
as they shall appoint us, agreeable to the rules and
orders of the Provincial Congress. Witness our hands, &c.
5th. That the persons so enlisted meet under the direction
of their officers in such manner, and at such times
and places, as shall by them be judged necessary for
their improvement in military discipline; and that each
whole company do assemble at least once a month for
the same purpose; and that a general muster or review
of the whole regiment be had as often, and at such times,
as the field officers shall appoint.
6th. That each person enlisted be equipped as soon as
possible with arms and ammunition, in such manner as
by the field officers of such regiment shall be directed.
7th. That due obedience be paid to the officers, and
strict attention observed in learning the military exercise.
8th. That where companies and regiments are already
formed, and officers chosen and appointed, the same be
continued; provided, that they do adopt such further
rules and orders respecting the signing of a muster-roll,
days of meeting and reviews, as are hereinbefore contained;
and that where part only of the officers are
already appointed and chosen, they do proceed to elect
such other officers as remain yet to be chosen, in conformity
to the rules herein contained.
The Congress taking into consideration the spirited
exertions of the Counties of Morris, Sussex and Somerset,
in raising of minute-men, do approve of, and thank them
for their zeal in the common cause; and will take the
same into further consideration at their next meeting.
The draught of an ordinance for raising a sum of
money for the purpose therein mentioned, after sundry
amendments was approved, and ordered to be entered, in
the words following:
Whereas, it has become absolutely necessary in the
present dangerous and extraordinary state of public
affairs, in which the usual resources of government
appear to be insufficient for the safety of the people, and
in which the good people of this Province have therefore
thought proper to choose Deputies in this present Congress,
that a fund be provided for the use of the Province; We,
the said Deputies, being persuaded that every inhabitant
is willing and desirous to contribute his proportion of
money for so important a purpose, do, pursuant to the
powers entrusted to us by the people, resolve and direct,
that the sum of Ten Thousand Pounds, Proclamation
Money, be immediately apportioned and raised for the
use aforesaid; the same to be apportioned, laid out and
disposed of, in such manner as herinafter is directed.
2. And it is Resolved and Directed, That the part and
proportion of the said sum to be raised in the County of
Bergen be six hundred and sixty-four Pounds eight
Shillings; and that the part and proportion of Essex be
seven hundred and forty-two Pounds eighteen Shillings;
and that the part and proportion of Middlesex be
eight hundred and seventy-two Pounds six Shillings and
eight-pence; and that the part or proportion of Somerset
be nine hundred and four Pounds two Shillings; and
that the part or proportion of Monmouth be one thousand
and sixty-nine Pounds two Shillings and eight-pence;
and that the part or proportion of Morris be seven hundred
and twenty-three Pounds eight Shillings; and that the part
or proportion of Sussex be five hundred and nine-three(sic)
Pounds five Shillings and four-pence; and that the part
or proportion of Hunterdon be one thousand three hundred
and sixty-three Pounds sixteen Shillings and eightpence;
and that the part or proportion of Burlington be
one thousand and seventy-one Pounds thirteen Shillings
and four pence; and that the part or proportion of Gloucester
be seven hundred and sixty-three Pounds two
Shillings and eight-pence; and that the part or proportion
of Salem be six hundred and seventy-nine Pounds
twelve Shillings; and that the part or proportion of Cumberland
be three hundred and eighty-five Pounds six
Shillings and eight-pence; and that the part or proportion
of Cape May be one hundred and sixty-six Pounds
eighteen Shillings.
3. And, in order that the said sum may be duly
raised,
It is further Resolved and Directed, That the same be apportioned
by persons hereafter to be appointed by the
Committees of the several Townships in this Colony; in
which apportionment all certainties shall be rated one-fifth
less than the sums they are respectively directed to
be rated at by the fourth section of an Act of General
Assembly of this Colony, made and passed in the tenth
year of the reign of his present Majesty, entitled, An Act
to settle the quotas of the several Counties in this Colony
for the levying taxes; and that all lands, horses, cattle
and otiier taxables be valued as in the above-mentioned
Act is directed. Which said appointment shall be made
and delivered to the persons to be appointed by the several
Committees in each Township, at or before the first
day of August next ensuing.
And it is further Resolved and Directed, That the persons
who shall be appointed for apportioning the same as
aforesaid, in the several Townships of each County, to
that end, do meet together on the first Monday in July
next, at such place as by the laws of this Colony have
been appointed for the Assessors to meet in for the like
purpose; and then and there settle and divide to each
Township within their County its quota of the sum
hereinbefore directed to be raised in the County.
4. And it is farther Resolved and Directed, That the
several Committees in each Township of the Colony shall
appoint fit persons to collect the same, who upon receiving
the said apportionment, shall immediately collect
and pay the same to such person or persons as the several
Committees in each County may hereafter appoint;
or, where there is no County Committee, to such person
or persons as the several Township Committees shall
jointly appoint.
5. And it is further Resolved and Directed, That, after the
part or proportion of each County shall have been apportioned
and received by the County Collector, he shall
and do pay the same, or any part or parts thereof, to the
County Committee, or to their order, signed by their
Chairman, by their vote, the same to be disposed of by
them in such manner as they in their discretion shall
think most proper to answer the said exigencies.
Ordered, That Mr. Fisher, Mr Tucker, Mr. Daniel
Hunt, Mr. Frelinghuysen, Mr. I. Pearson, Mr. Dunham,
Mr. Schurman, Mr. John Hart, Mr. Borden, Mr. Deare,
Mr. Baldwin, Mr. Schenck, Mr. Ralph Hart and Mr.
Heard, or any three of them, in conjunction with the
President or Vice President, be a Committee of Correspondence,
with power to convene this Congress.
LIST OF THE DEPUTIES WHO ATTENDED THE SESSION IN
THE MONTH OP AUGUST
.
Bergen — John Fell, John Deraarest, Hendrick Kuyper,
Abraham Van Buskirk, Edo Merselius.
Essex — Henry Garritse, Michael Vreeland, Robert
Drummond, John Chetwood, Elias Boudinot, Isaac Ogden,
Philip Van Cortlandt, Bethuel Peirson, Caleb Camp,
Middlesex — Nathaniel Heard, William Smith, John
Dunn, John Lloyd, Azariah Dunham, John Schurman,
John Wetherill, Lucas Schenck, Jonathan Sergeant,
Jonathan Baldwin, Jonathan Deare.
Morris — William Winds, William De Hart, Jonathan
Stiles, David Thompson, Jacob Drake, Ellis Cook, Silas
Condit.
Somerset — Hendrick Fisher, Peter Schenck, Abraham
Van Neste, Enos Kelsey, Jonathan D. Sergeant, Frederick
Frelinghuysen, William Paterson, Nathaniel Eyers.
Sussex — Edward Dumont, William Maxwell, John B,
Scott, Hugh Hughs, Mark Thomson, William Norcross.
Monmouth — Edward Taylor, Robert Montgomery, John
Holmes, John Covenhoven, Daniel Hendrickson.
Hunterdon — Samuel Tucker, John Mehelm, John Hart,
Ralph Hart, John Stout, Jasper Smith, Thomas Lowry,
Charles Stewart, Daniel Hunt, Richard Stevens, John
Stevens, junior, Thomas Stout, Thomas Jones, Abraham
Bonnell, Joseph Beavers.
Burlington — Joseph Borden, Isaac Pearson, Colin Campbell,
John Pope.
Gloucester — John Sparks, Joseph Hugg, Joseph Ellis,
Elijah Clark.
Cumberland — Samuel Fithian, Jonathan Elmer,
Thomas Ewing.
Salem — Jacob Scoggin, James James, John Holmes,
Benjamin Holmes, Ephraim Lloyd.
Cape May — Elijah Hughs.
In Congress, August 5, 1775.
1. Besolved, That the several persons appointed in pursuance
of the ordinance of this Congress in their last session,
to collect the quotas of the several Townships, do
pay the money by them collected to the County Collector
on or before the tenth day of September next; and if any
persons within their respective districts shall have refused
payment, that, in such case, they do make and deliver in
a list of the names of the delinquents to their several
Committees, together with their receipts and vouchers
for the money, which they shall have paid to the aforesaid
County Collectors.
2. Resolved, That the several Committees do furnish the
Provincial Congress at their next session with the names
of all such persons within their districts as shall have
refused to sign the Association recommended in the last
Congress, or one of a similar nature; and of all such as
shall have refused to pay their respective apportionments.
3. Resolved, That the respective Committees in this Colony
do return to the Provincial Congress at their next
session copies of the several Associations signed in their
districts, agreeable to the former order of this Congress,
together with the names of those who have signed the
same.
4. Resolved, That the Assessors and Collectors, appointed
to apportion and collect the said money, do receive such
reward for their labour and trouble therein, as the Assessors
and Collectors are by law entitled to, for assessing
and collecting the provincial taxes.
5. Resolved, That in case any part of the sum of ten
thousand Pounds, by the said ordinance directed to be
raised, shall, from the event of public affairs, be found to
be unnecessary for the purposes thereby intended; in
such case the surplus be paid by the several County
Committees into the hands of the County Collectors appointed
by act of Assembly, to be by them applied
towards discharging the quotas of such Counties in the
public taxes of the Province.
6. Resolved, That the several Committees, to whom the
disposal of the said money was, by the ordinance of the
last session, entrusted, do account to the Provincial Congress
for their several disbursements, and the uses to
which they may have been applied.
Saturday, August 12.
Whereas, it is highly expedient at a time when this
Province is likely to be involved in all the horrors of a
civil war, and when it has become absolutely necessary
to increase the burthen of taxes already laid upon the
good people of this Colony for the just defence of their
invaluable rights and privileges, that the inhabitants
thereof should have frequent opportunities of renewing
their choice and approbation of the Representatives in
Provincial Congress — It is therefore resolved, that the
inhabitants in each County, qualified to vote for Representatives
in General Assembly, do meet, together at the
places herein after mentioned, on Thursday the twenty-first
day of September next, and then and there, by plurality
of voices, elect and appoint any number not exceeding
five substantial freeholders as Deputies, with full
power to represent such County in Provincial Congress
to be held at Trenton, in the County of Hunterdon, on
Tuesday, the third day of October next: And that the
places of meeting for the election in each County shall
be, for the County of Bergen at the Court House in New
Barbados. County of Essex at the Court House in Newark.
County of Middlesex at the Court House in New
Brunswick. County of Somerset at the Court House in
Hillsborough. County of Morris at the Court House in
Morris town. County of Monmouth at the Court House
in Freehold. County of Hunterdon at the house of John
Ringo in Amwell. County of Sussex at the Court House
in Newtown. County of Burlington at the Court House in
the city of Burlington. County of Gloucester at the Court
House in the town of Gloucester. County of Salem at the
Court House in the town of Salem. County of Cumberland
at the Court House in Bridgetown, County of Cape
May at the Court House in Middle Precinct.
And that the Deputies so elected shall receive a certificate
of their election in the words following, to wit:
We do hereby certify, that on the day of the date
hereof, A, B, C, &c., were duly elected Deputies for the
County of in the Province of New Jersey, with
full power to represent the said County in Provincial
Congress, to be held at Trenton, in the County of Hunterdon,
on the third day of October next, as witness our
hands and seals this day of A. D. 1775.
Which certificate under the hands and seals of the
President or Chairman chosen to preside at such election,
together with five or more Freeholders of the said
County, shall be sufficient evidence of such election.
Resolved, That during the continuance of the present
unhappy disputes between Great Britain and America,
there be a new choice of Deputies in every County of this
Province yearly, on the third Thursday in September.
Resolved, That on the said third Thursday of September
in every year the inhabitants in each County, qualified
as aforesaid, do elect, by plurality of voices, a sufficient
number of Freeholders to constitute a County Committee
of Observation and Correspondence, with full
power, as well to superintend and direct the necessary
business of the County, as to carry into execution the
Resolutions and Orders of the Continental and Provincial
Congresses.
Resolved, That the inhabitants of each Township, qualified
as aforesaid, do immediately choose (where it is not
already done) a sufficient number of Freeholders to constitute
a Township Committee: and that on the second Tuesday
in March, in every year hereafter, they do proceed
anew in like manner to choose such a number of Freeholders
as shall be thought necessary to constitute Committees
to act as Committees of Observation and Correspondence
in each Township, with power to transact the business referred
to them by the Continental and Provincial Congresses,
and the County Committees.
Wednesday, August 16.
The Congress resumed the consideration of the plan
for further regulating the Militia, &c., which, after certain
amendments, was approved, and is in the words following,
viz.:
The Congress taking into further consideration the
state of the Militia in this Province,
Resolved, 1. That the several County, or (where there is
no County) the Township Committees, do transmit the
names of all the Militia Officers, chosen within their respective
Districts, to the Provincial Congress, or to the
Committee of Safety, to be by them commissioned, agreeable
to the directions of the Continental Congress.
Resolved, 2. That all Officers above the ranlk of a Captain,
not already chosen or appointed pursuant to an
ordinance of this Congress made at their last session, be
appointed by the Congress, or, during their recess, by the
Committee of Safety.
Resolved, 3. That where the inhabitants of different
Townships have been embodied into one Company, Battalion
or Regiment, before the 20th day of June last, it is
not the intention of this Congress they should be dissolved,
provided they govern themselves according to
the rules and directions of the same.
Resolved, 4. That the Militia of Bergen shall compose
one Regiment; the Militia of Essex two Regiments, with
privilege of forming them into four Battalions; the
Militia of Middlesex two Regiments; the Militia of Somerset
two Regiments; the Militia of Monmouth three Regiments;
the Militia of Morris two Regiments and one
Battalion; the Militia of Sussex two Regiments and one
Battalion; the Militia of Hunterdon four Regiments; the
Militia of Burlington two Regiments, and a Company of
Rangers in the Township of Little-Egg-Harbour; the
Militia of Gloucester three Battalions; the Militia of
Salem one Regiment; the Militia of Cumberland two
Battalions; and the Militia of Cape May one Battalion.
Resolved, 5. That this Congress do recommend to all
inferior Officers to pay due obedience to their superior
Officers, agreeable to the directions of the Continental
and Provincial Congresses.
Resolved, 6. That in case of disobedience, or irregular
behaviour in any officer whatever, while on duty, complaint
be made to the Committee of the County to which
he belongs; the majority of whom shall, as soon as convenient,
make strict enquiry into the same; and, if they
think proper, may suspend the officer so offending, and
report their proceedings, together with the charge and
evidence, to the Committee of Safety, or to the next Provincial
Congress ; who shall take such order therein as
to them shall appear to be just and reasonable.
Resolved, 7. That all effective men, between the ages of
16 and 50, who shall refuse to enroll themselves and bear
arms, shall pay into the hands of the Township Committees,
where they reside, four Shillings Proclamation
Money per month, as an equivalent for their personal
service.
Resolved, 8. That in case any person shall refuse paying
the same, the Committee shall return his name to the
Provincial Congress, or to the Committee of Safety, to be
dealt with as they shall direct.
Resolved, 9. That every person who hath signed or shall
sign the muster-roll, and neglects to attend on the day of
mustering, shall pay two Shillings Proclamation for every
mustering day he is absent, unless he can give a sufficient
reason for his absence, to be judged of by his Captain, who
is hereby required to demand the same; and if the delinquent
refuse payment, then the Captain shall return his
name to the Township Committee, to be by them reported
to the next Congress, provided that no more than two
fines in a month be imposed on any one person.
Resolved, 10. That the monies received by the Committees
and Captains, from persons who do not bear arms, nor
attend their duty upon mustering days, shall be by them
jointly applied towards defraying the expence attending
the instruction and equipment of the Companies in their
respective districts — the fines of persons under age to be
paid by their parents, and of apprentices by their masters.
Resolved, 11. That each private soldier be furnished
with good arms, powder and ball, as near as may be,
agreeable to the requisitions of the Continental Congress.
Resolved, 12, That where arms may be wanting by
such effective men as shall be unable to procure them,
the Captain of the Company to which such person belong
shall make application to the Committee of the
County or Township, who shall supply them, on receiving
security for their proper application, provided any
arms shall remain in their hands, after first supplying
such of the minute-men, hereafter directed to be enrolled,
as may be unable to furnish themselves with the same.
Resolved, 13. That the precendency of rank in the
Miltia shall take place in the following order: 1, Essex; 2,
Salem; 3, Gloucester; 4, Morris; 5, Sussex; 6, Cape May;
7, Monmouth; 8, Somerset; 9, Bergen; 10, Cumberland;
11, Middlesex; 12, Hunterdon; 13, Burlington; and that,
where there may be more than one Regiment or Battalion
in a County, the precedency shall be determined by the
County Committee, according to their former seniority.
Resolved, 14. That for the purpose of effectually carrying
into execution the recommendation of the Continental
Congress, respecting the appointment of minute-men,
four thousand able-bodied effective men be enlisted and
enrolled in the several Counties in this Province, under
officers to be appointed and commissioned by this Congress,
or Committee of Safety, who shall hold themselves
in constant readiness, on the shortest notice, to march to
any place where their assistance may be required, for
the defence of this or any neighbouring Colony.
Resolved, 15. That the several Counties in this Province
shall furnish minute-men in the proportions following,
viz.:
County of Bergen, 4 Companies of 64 men each, officers
included.
Essex. 6 companies, do.
Middlesex, 6 companies, do.
Monmouth, 6 companies, do.
Somerset, 5 companies, do.
Morris, fi companies, do.
Sussex, 5 companies, do.
Hunterdon, 8 companies, do.
Burlington, 5 companies, do.
Gloucester, 4 companies, do.
Salem, 3 companies, do.
Cumberland, 3 companies, do.
Cape May, 1 company, do.
Resolved, 16. That the said minute-men, upon their enlistment,
shall sign a muster-roll in the words following:
We, the subscribers, do voluntarily enlist ourselves as
minute-men, in the company of
in the County of And do promise to hold ourselves
in constant readiness, on the shortest notice, to march to
any place where our assistance may be required, for the
defence of this or any neighbouring Colony; as also to
pay due obedience to the commands of our Officers, agreeable
to the rules and orders of the Continental Congress,
or of the Provincial Congress of New Jersey, or. during
its recess, of the Committee of Safety. As witness our
hands, &c.
Resolved, 17. That the several County Committees of
this Province, or, where there are no County Committees,
the Township Committees jointly, do forthwith nominate
officers for the several companies of minute-men in each
county, with assurance, that as soon as their companies
are completed, they shall receive commissions from the
Provincial Congress, or the Committee of Safety.
Resolved, 18. That the minute-men be formed into ten
battalions; one in Bergen, one in Essex, one in Middlesex,
one in Monmouth, one in Somerset, one in Morris,
one in Sussex, one in Hunterdon, one in Burlington, one
in Gloucester and Salem; and that the companies in Cumberland
and Cape May be independent companies of light
infantry and rangers.
Resolved, 19. That wherever the whole or the greater
part of a Militia company shall offer their services as
minute-men, they may be commanded by the officers
already appointed and chosen by them.
Resolved, 20. That whenever any of the said minute-men
shall be called into actual service, they shall receive
the like pay as the Continental Army; and be furnished
with camp equipage and provisions; and also be provided
for, if wounded and disabled in the service of their
Country.
Resolved, 21. That the several Battalions and Companies
of minute-men raised as aforesaid, while remaining in
this particular service, shall have precedency of rank of
the common Militia of the Province.
Resolved, 22. That the minute-men raised as aforesaid
shall continue in service for the space of four months,
when such of them as require it, shall be relieved, unless
upon actual service.
Resolved, 23. That the precedency of rank, among the
several Battalions and Companies of said minute-men,
shall be settled from priority in the dates of their respective
commissions.
Resolved, 24. That two Brigadier Generals be appointed
for this Province, and that be the
first, and Philemon Dickerson, Esq., be the second Brigadier
General of the said Province.
It being suggested, that divers persons in the Province,
are attempting to raise Companies of light infantry, which
may have a tendency to break other Companies that have
been formed by committees, pursuant to the former
militia ordinance of this Congress: Resolved, therefore,
That no person whatever do presume to raise any light
infantry, or independent Company, without the consent
of the field officers to whom they belong, and the approbation
of the County or Township Committee, where
there is no County Committee, be first obtained; and
that all Companies formed before the 20th day of June
last shall remain as they were formed, unless on such
consent and approbation as aforesaid, such only excepted,
as have been constituted by permission from this Congress.
Thursday, August 17.
Resolved, That as there are a number of people within
this Province, whose peculiar religious principles will
not allow them in any case to bear arms — this Congress
intend no violence to conscience; and therefore would
earnestly recommend it to all such persons to contribute
the more liberally, in these times of universal calamity,
to the relief of their distressed brethren in the several
Colonies; and to do all other services to their oppressed
Country, consistent with their religious profession.
Resolved, That before any person shall receive a military
commission, agreeable to the Militia ordinance of
this Congress, he shall sign the Association formed and
recommended by the same; and, if he hold a commission,
under the late Militia Act of Assembly, that he first resign
such commission to the Governor of this Province.
Resolved, That Jonathan D. Sergeant, Esq., be, and he
is hereby appointed Provincial Treasurer to this Congress;
and it is ordered, that the balance of monies in
his hands, which he received towards paying the expenses
of the Delegates of this Colony in the Continental
Congress, together with such as may hereafter come into
his hands, be applied to such uses as shall be directed by
this Congress, or during its recess by the Committee of
Safety. And that he do immediately call in the several
sums yet due from any of the Counties; and in case of
further neglect in them to discharge the same, that the
said Treasurer do make report thereof to the next Provincial
Congress.
The Congress taking into consideration the remonstrance
from the County Committee of Sussex, relative to
the raising the prices of shop goods within the said
County, occasioned by the advanced price in New York
and Philadelphia, do resolve that the said Committee are
the proper persons to enquire into the complaint mentioned
in the said remonstrance; and if, on examination,
they find it to be well founded, do then recommend that
the said Committee make application to the Committees
of New York and Philadelphia, and represent the conduct
of such traders in the said Provinces as shall appear
to them to be culpable.
Ordered, That the several Couny Committees do
appoint one Surgeon to each Regiment and Battalion
belonging to their respective Counties; and certify the
name of such Surgeon to the next Congress, or to the
Committee of Safety, in order to his being properly commissioned.
Resolved, That this Congress do recommend to the
several County Committees in this Colony, that they immediately
employ gun-smiths to make such a number of
arms as they shall judge to be necessary and wanting in
their respective Counties; and that, in the manufactory
of the said arms, particular attention be paid to the directions
of the Continental Congress.
Ordered, That Hendrick Fisher, Samuel Tucker, Isaac
Pearson, John Hart, Jonathan D. Sergeant, Azariah Dunham,
Peter Schenck, Enos Kelsey, Joseph Borden, Frederick
Frelinghuysen and John Schurman, be a Committee
of Safety during the recess of this Congress.
The Congress adjourned to the 20th day of September
next, unless sooner convened by the Committee of Safety.
Extracts
From the Journal of Proceedings of the Committee
of Safety of New Jersey, Held at Princeton
in the Months of August and September,
1775.
—————
Committee of Safety
.
Wednesday, August 30.
The Committee of Safety taking into consideration the
condition of several Companies in this Province, where
vacanies have happened in consequence of the promotion
of the Captain or other officers, are of opinion, that,
according to the rules and orders of the Continental and
Provincial Congresses, such vacancy is to be filled up by
the choice of a new officer in the usual manner of election;
but that no person can be turned out of office by
his Company, without his consent being first obtained.
Thursday, August 31.
Whereas, the public roads of this Province are observed
to abound with strollers and vagabonds, and
many servants have run away from their masters, and
horse stealing and other robberies are become very frequent,
therefore it is
Resolved, That it be recommended to the good people
of this Province, that they do strictly examine all suspicious
persons passing to and fro through the different
parts thereof; and if, upon such examination, they do
not give a satisfactory account of themselves, they do
proceed to deal with them according to the laws of this
Province.
Resolved, That the several officers and privates who
embody themselves as minute-men in this Province be,
and they hereby are directed, for the sake of distinction
and convenience, to adopt as their uniform hunting
frocks, as near as may be, similar to those of the riflemen
now in the Continental service.
Ordered, That this Committee be adjourned to Wednesday,
the 13th day of September next, to meet at
Princeton, unless sooner convened by the President or
Vice President.
Wednesday, September 13.
The Committee met according to adjournment.
Thursday, September 14,
Ordered, That Joseph Borden and Enos Kelsey be a
Committee to employ Isaac Collins to print the Minutes
of the Provincial Congress of New Jersey; as also such
Proceedings of the Committee of Safety as to them may
appear necessary.
Journal
Of the Votes and Proceedings of the Provincial
Congress of New Jersey, Held at Trenton,
in the Month of October, 1775.
—————
Provincial Congress.
A LIST OF THE DEPUTIES WHO ATTENDED THIS CONGRESS.
Bergen — John Demarest, Jacobus Post.
Essex — Abraham Clark, Lewis Ogden, Samuel Potter,
Caleb Camp, Robert Drummond.
Middlesex — Azariah Dunham, John Dennis.
Morris — William Winds, William De Hart, Jacob
Drake, Silas Condit, Ellis Cook.
Somerset — Hendrick Fisher, Cornelius Van Muliner,
Ruloffe Van Dyke.
Sussex — William Maxwell, Ephraim Martin, Thomas
Potts, Abia Brown, Mark Thompson.
Monmouth — Edward Taylor, John Covenhoven, Joseph
Holmes.
Hunterdon — Samuel Tucker, John Mehelm, John
Hart, Charles Stewart, Augustine Stevenson.
Burlington — Isaac Pearson, John Pope, Samuel How,
John Wood, Joseph Newbold.
Gloucester — John Cooper, Joseph Ellis, Thomas Clark,
Elijah Clark, Richard Somers.
Salem — John Holme, Edward Keasby, Benjamin
Holme, John Carey.
Cumberland — Theophilus Elmer, Jonathan Ayars.
Cape May — Jesse Hand.
Tuesday, October 3, 1775.
Several of the Deputies returned to serve in this Congress
for the respective Counties of this Colony, assembled
at Trenton, pursuant to the appointment of the late Provincial
Congress.
Wednesday, October 4, 1775.
The Congress again assembled, and several other members
attending, proceeded to the election of a President
and Vice President, when Samuel Tucker, Esquire, was
chosen President, and Hendrick Fisher, Esquire, Vice
President.
John Mehelm, Esquire, at the request of the Congress,
consented to act as Secretary until a Secretary be chosen.
On motion made.
Ordered, That the President do wait upon the ministers
of the gospel in this Town, and, in the name of this Congress,
request their alternate attendance and service every
morning at nine o'clock during the session, in order that
the business of the day may be opened with prayer, in
the most humble manner to supplicate Almighty God,
that, out of his infinite goodness and mercy, he will be
pleased to influence and direct the Councils of America
and Great Britain, so that peace, unanimity and harmony
may be happily re-established between both countries
upon a permanent foundation.
The Congress was accordingly opened with prayer by
the Rev. Mr. Spencer.
The Congress then proceeded to examine the certificates
of the election of the Deputies for the several Counties
in this Colony, and the following gentlemen were
returned as duly elected, to wit:
Bergen — John Demarest, Jacobus Post, Abraham Van
Boskirk.
Essex — Abraham Clark, Lewis Ogden, Samuel Potter,
Caleb Camp, Robert Drummond.
Middlesex — John Dennis, Azariah Dunham.
Morris — William Winds, William De Hart, Jacob
Drake, Silas Condit, Ellis Cook.
Somerset — Hendrick Fisher, Cornelius Van Muliner,
Ruloffe Van Dyke.
Sussex — William Maxwell, Ephraim Martin, Thomas
Potts, Abia Brown, Mark Thompson.
Hunterdon — Samuel Tucker, John Mehelm, John
Hart, Charles Stewart, Augustine Stevenson.
Monmouth — Edward Taylor, John Covenhoven, Joseph
Holmes.
Burlington — Isaac Pearson, John Pope, Samuel How,
John Wood, Joseph Newbold.
Gloucester — John Cooper, Joseph Ellis, Thomas Clark,
Elijah Clark, Richard Somers.
Salem — Grant Gibbon, Benjamin Holme, John Holme,
Edward Keasby, John Carey.
Cumberland — Theophilus Elmer, Jonathan Ayars.
Cape May — Jesse Hand, Elijah Hughes.
A petition from twenty-four inhabitants of the County
of Monmouth, suggesting that the Deputies returned for
that County were not duly elected, was read and ordered
a second reading.
A letter from the Committee of Safety of New York to
the Committee of Safety of this Colony, relative to the
apprehending of deserters from the Continental Troops;
was read and ordered a second reading.
A petition from Daniel Maskell of Cumberland County,
praying that commissions may issue for a Company of
Minute-Men in that County, was read.
Ordered, That commissions do issue to the several persons
therein named.
A letter from the Committee of the County of Morris,
recommending the several persons therein named for
commissions in the Battalion of Minute-Men in that
County, was read.
Ordered, That commissions do issue accordingly.
Mr. President laid before the Congress a letter from
the Earl of Stirling, inclosing copies of some letters lately
written by his Lordship on the subject of his having received
a commission of Colonel of a Regiment of Militia,
together with the return of his Regiment.
Ordered, That the return be filed, and that the letters
be laid on the table for the inspection of the members.
Sundry copies of associations from the Township of
Freehold in Monmouth County, the Township of Hillsborough
in Somerset County, and the Township of Mansfield
in Burlington County, were read, and ordered to be
filed.
A petition from a number of inhabitants of the Township
of Nottingham, praying that the petitioners may be
allowed to join Captain Harrison's company of light infantry
in Trenton; was read, and ordered a second reading.
The Congress adjourned until nine o'clock to-morrow
morning.
Thursday, October 5, 1775.
The Congress met pursuant to adjournment.
On motion made,
Resolved, That William Paterson, Esquire, be appointed
Secretary to this Congress.
The petition from Monmouth County, suggesting that
the Deputies returned for that County were not duly
elected, was read a second time; whereupon, on motion
of Mr. Holmes, it is ordered that the parties be allowed a
public hearing on the prayer of this petition on Wednesday
next, at ten o'clock in the forenoon; and that the
Deputies from Monmouth do acquaint the parties therewith.
The letter from the Committee of Safety of New York,
to the Committee of Safety of this Colony, respecting the
apprehending of deserters from the Continental Troops,
was read a second time.
Ordered, That Mr. Fisher, Mr. Dunham and Mr. Stewart,
be a Committee to prepare the draught of a resolution
relative to the same, and make a report thereof to
this Congress.
The Congress adjourned until nine o'clock to-morrow
morning.
Friday, October 6, 1775.
The Congress met pursuant to adjournment.
A petition from Jonathan Williams and others, objecting
to the field officers of the second battalion of Militia
for the County of Gloucester, as recommended by the
County Committee, and praying that other field officers
may be commissioned to command that battalion; was
read, and ordered a second reading.
A petition from a number of the inhabitants of the
County of Hunterdon, praying that money at interest
may be taxed; was read, and ordered a second reading.
A proposal from James Campbell and others, respecting
the manufacturing of fire-arms in this Colony; was
read, and ordered a second reading.
On motion made.
Ordered, That Mr. Pearson, Mr. Stewart, Mr. Holmes,
Mr. De Hart and Mr. Camp, be a Committee to examine
the returns of minute-men and officers, and report the
same to this Congress.
On motion of Mr. Covenhoven, that Colonel Taylor be
heard before this Congress, pursuant to the recommendation
of the County Committee of Monmouth, upon the
question whether in Colonel Taylor's particular case he
might not be permitted to hold the commission of Captain
and the commission of Colonel in the same regiment
at the same time?
Ordered, That Colonel Taylor be heard immediately.
Colonel Taylor, having been called in, was heard;
whereupon, on motion made, it is
Resolved, That the determination of this matter be
postponed to a future day.
The Congress adjourned until nine o'clock to-morrow
morning.
Saturday, October 7, 1775.
The Congress met pursuant to adjournment.
The Committee appointed to examine the returns of
minute-officers, having reported that they had examined
the muster-rolls of Captain Hazlet, Captain Stout, and
Captain Brearley, and found them agreeable to the ordinance
of the late Congress.
Ordered, That commissions do issue to the respective
officers of those three companies.
On motion made,
Resolved, That on Thursday morning next this Congress
will take into consideration the following matters,
to wit:
1st. Whether the present state of the Provincial fund,
ordered by the late Congress, be sufficient to answer the
present public exigencies?
2. Whether any and what further Provincial fund is
necessary? And,
3. The ways and means to erect such fund?
The Congress adjourned to 3 o'clock, P. M.
The Congress met pursuant to adjournment.
The Congress resumed the consideration of Colonel
Taylor's case; and, after debating the same.
Resolved unanimously. That no officer in the Militia
service in this Colony be permitted to hold two commissions
at the same time.
On motion made,
Resolved unanimously, That no one person shall hold
commissions under the minute and militia ordinances at
the same time.
The Congress adjourned until Monday morning next,
10 o'clock.
Monday, October 9, 1775.
The Congress met pursuant to adjournment.
Two petitions from the inhabitants of the County of
Sussex, signed by a great number of persons, and praying
that all who pay taxes may be admitted to vote, with the
freeholders at future elections, for Deputies to serve in
Congress; were read, and ordered a second reading.
Five petitions from other inhabitants of the County of
Sussex, signed by a number of persons, and praying that
all suits at law for the recovery of debts already commenced,
or to be commenced may be suspended upon
certain conditions, until the dispute between Great Britain
and the Colonies shall be settled; were read, and ordered
a second reading.
On motion made,
Ordered, That commissions do issue to the officers of
the third company of foot of the township of Acquanuck.
On motion made.
Resolved, That Mr, Hart, Mr. Dennis, Mr. Demarest,
Mr. Van Dyke, Mr. Winds, Mr. Martin, Mr. Elijah Clark,
Mr. Hand, Mr. Carey, Mr. Elmer, Mr. Newbold, Mr. Taylor
and Mr. Potter, be a Committee to prepare an estimate of
the expence necessary to put this Colony into a posture
of defence at this time, and to make report thereof to this
Congress on Thursday morning next.
The Congress adjourned to 3 o'clock, P. M.
The Congress met pursuant to adjournment.
Mr. Dunham having informed this Congress that he
had seen Mr. Paterson, who had acquainted him that his
business and circumstances would by no means admit of
his officiating as Secretary.
The Congress proceeded to the choice of a Secretary,
when John Carey, Esq., was unanimously chosen Secretary;
and Abraham Clark and Charles Stewart, Esquires,
Assistant Secretaries.
A petition from sundry inhabitants of the County of
Gloucester, praying that some mode may be adopted to
compel the payment of the Ten Thousand Pound tax,
from those in that County who have refused to pay the
same; was read, and ordered a second reading.
The petition from Jonathan Williams and others, of
Gloucester County, relative to the appointment of field-officers,
for the Second Battalion of Militia in that
County, was read a second time; and the recommendation
of the County Committee of Gloucester having likewise
been read, and the prayer of the said petition having
been duly considered.
Resolved unanimously, That commissions do issue to the
gentlemen recommended by the County Committee as
proper persons for the officers of the three Battalions in
that County.
The Congress adjourned until nine o'clock to-morrow
morning.
Tuesday, October 10, 1775.
The Congress met pursuant to adjournment.
On motion made,
Ordered, That Mr. Fisher, Mr. Abraham Clark and
Mr. Dennis, be a Committee to inspect the minutes of the
late Congress and Committee of Safety; and that they
make report of such business as stands referred to the
consideration of this Congress.
A petition from sundry inhabitants of Morris County,
praying this Congress to appoint field officers for the
lower Regiment of Militia for the said county; was read,
and ordered a second reading.
The Congress adjourned to nine o'clock to-morrow
morning.
Wednesday, October 11, 1775.
The Congress met pursuant to adjournment.
The petition from Morris County, praying this Congress
to appoint field-officers, &c., was read a second
time and Captain Bates attending at the door, and desiring
to be heard in support of this petition,
Resolved, That Captain Bates be heard relative to the
prayer of the said petition: and Captain Bates having been
heard accordingly, and the Congress having debated the
same.
Resolved, That this Congress think it is most expedient
to wait for further information before they proceed
to the appointment of officers; and that the Captains and
subalterns of the said Regiment be directed to recommend
proper persons for field-officers; such recommendation
to be certified by the Chairman of the County
Committee.
A petition from Stephen Burrows, relative to the
making of cartouch boxes; was read, and ordered a second
reading.
A petition from the Committee of Amwell, praying
that the Third Regiment of the Militia of Hunterdon
County may continue; but that the commissions of the
field-officers be vacated, and that the Captains and subalterns
may be allowed to choose field-officers; was read,
and ordered a second reading.
A petition from a number of the inhabitants of the
lower part of Amwell, praying that the Third Regiment
in the County of Hunterdon may be united to the First
Regiment commanded by Colonel Smith; was read, and
ordered a second reading.
A petition from the inhabitants of the upper part of
Amwell, praying, that if any alteration be made in the
Third Regiment of the Militia of Hunterdon, the petitioners
may be united to the Fourth Regiment and not to
the First Regiment; was read, and ordered a second
reading.
A petition from Captain Imlay and Captain Gray,
praying that the field-officers of the Third Regiment of
Militia of Hunterdon may be continued; was read, and
ordered a second reading.
On motion made.
Ordered, That Mr. Fisher, Mr. Abraham Clark, Mr.
Dennis, Mr. Stewart and Mr. Ellis, be a Committee to
prepare the draught of an ordinance for the further regulating
of the Militia of this Colony, and make report
thereof to this Congress.
This Congress having received information that, a few
days since, a small vessel supposed to be a tender to some
man of war, was taken near Barnagat, with three persons
on board; and this information appearing to be
true, this Congress think it proper that the said vessel be
detained for the present, and that the persons taken on
board be secured in some safe place in the County of
Monmouth, until this Congress can obtain satisfactory
information respecting those persons, their business and
destination. And this Congress request the Committee
of Monmouth to make diligent inquiry into the above
matter, and to report to this Congress whatever discovery
they may be able to obtain; of which the Secretary is
ordered to give the said Committee notice.
The Congress resumed the consideration of the petition
from the County of Monmouth, suggesting that the Deputies
returned for that County were not duly elected, and
praying that the late election may be vacated and a new
one granted; and the parties, for and against the petition
attending, were called in and heard pursuant to the
order of the day, and desiring a further hearing thereon.
The Congress adjourned to four o'clock P. M.
The Congress met pursuant to adjournment.
The Congress resumed the further consideration of the
petition from Monmouth respecting the election of Deputies;
and the parties again attending were called in and
heard, and then withdrew.
The Deputies from Monmouth having desired leave to
withdraw during the debate,
Ordered, That leave be granted; and the Deputies withdrew
accordingly.
Whereupon, after debating the question,
On motion made,
Resolved, That the determination of the question be
postponed until to-morrow morning.
The Congress adjourned to nine o'clock to-morrow
morning.
Thursday, October 12, 1775.
The Congress met pursuant to adjournment.
The Congress resumed the consideration of the petition
from Monmouth County, relative to the election of
deputies; and after debating the same, the question being
put, whether the election was regular or not? It passed
in the affirmative:
Yeas—
Bergen County,
Middlesex,
Somerset,
|
Morris,
Sussex,
Hunterdon,
|
Salem,
Cumberland,
Cape May.
|
Nays—
Burlington County,
|
Gloucester,
|
Essex.
|
Ordered, That the Deputies from Monmouth County be
called in, and that they take their seats.
The Committee appointed to prepare the draught of a
resolution for apprehending of deserters from the Continental
troops, reported a draught of such resolution;
which was read, and ordered a second reading.
Mr. Hart, from the Committee appointed to prepare
an estimate of the expence necessary to put this Colony
into a state of defence, reported the draught of such an
estimate; which was read, and ordered a second reading.
The petition from the Committee of Hackinsack,
recommending Militia officers for that precinct, was
read and ordered a second reading.
On motion made.
Resolved, That the question relative to the state of the
Provincial fund be postponed till the afternoon, to be
then taken into consideration.
The petition from the Committee of Hackinsack,
recommending Militia officers for that precinct, was read
a second time;
Ordered, That commissions do issue pursuant to the
prayer of the said petition.
A petition from the Township of Kingwood, and a
petition from the Township of Alexandria, in the County
of Hunterdon, praying that house holders, and others
not freeholders, who pay their proportion of taxes in
this Colony, may be admitted to vote for Deputies to
serve in Provincial Congress at future elections; were
read, and ordered a second reading.
Two other petitions from the Townships of Greenwich
and Mansfield-Woodhouse, in the County of Sussex, both
of the same purport as above; were also read, and
ordered a second reading.
A petitioo from the officers of the united regiment of
Freehold and Middletown, praying that the officers
therein named may be commissioned, was read;
Ordered, That commissions do issue accordingly.
The Congress adjourned to three o'clock, P. M.
The Congress met pursuant to adjournment.
Pursuant to the order of the day, the Congress resolved
itself into a Committee of the Whole House, and
chose Mr. Fisher Chairman, upon the estimate of the
expence necessary to put this Colony into a state of defence
at this time; and also upon the ways and means
necessary to be adopted to provide a sufficient fund to
defray that expence; and, after some time spent therein,
Mr. President resumed the Chair, and Mr. Fisher, Chairman
of the Committee, reported, that the Committee had
made some progress in the business to them referred, and
desired leave to sit again; to which the Congress agreed.
A letter from James Kinsey and William Livingston,
Esquires, two of the members of the Continental Congress,
recommending to the consideration of this Congress
to raise two Battalions in this Colony immediately;
was read, and ordered a second reading.
The Congress adjourned until 9 o'clock to-morrow
morning.
Friday, October 13, 1775.
The Congress met pursuant to adjournment.
The following letter from the President of the Continental
Congress, inclosing the minutes of that House as
to the raising of two Battalions in this Colony immediately;
and also forty-eight blank commissions, for the
Captains and subaltern officers, was laid before this Congress;
and the letter and minutes were read, and ordered
a second reading.
Philadelphia, Oct. 12, 1775.
Gentlemen:— Some late intelligence, laid before Congress,
seems to render it absolutely necessary, for the
protection of our liberties, and safety of our lives, to raise
several new Battalions, and therefore the Congress have
come into the inclosed resolutions, which I am ordered
to transmit to you. The Congress have the firmest confidence
that, from your experienced zeal in this great
cause, you will exert your utmost endeavors to carry the
said resolutions into execution with all possible expedition.
The Congress have agreed to furnish the men with a
hunting shirt, not exceeding the value of one dollar and
one-third of a dollar, and a blanket, provided these can
be procured, but these are not to be made part of the
terms of enlistment.
I am, gentlemen,
Your most obedient humble servant,
John Hancock,
President.
By order of Congress, I forward you forty-eight commissions
for the Captains and subaltern officers in the
New Jersey Battalions.
To the members of the Convention of New Jersey.
In Congress, Monday, October 9, 1775.
On motion made.
Resolved, That it be recommended to the Convention
of New Jersey, that they immediately raise, at the expence
of the Continent, two Battalions, consisting of eight companies,
each company of sixty-eight privates, and officered
with one Captain, one Lieutenant, one Ensign, four Sergeants
and four Corporals.
That the privates be enlisted for a year, at the rate of
five dollars per calendar month, liable to be discharged
at any time, on allowing them one month's pay extraordinary.
That each of the privates be allowed, instead of a
bounty, a felt hat, a pair of yarn stockings, and a pair of
shoes; the men to find their own arms.
That the pay of the officers, for the present, be the same
as that of the officers in the present Continental army and
in case the pay of the officers in the present Continental
army is augmented, the pay of the officers in these Battalions
shall be in like manner augmented, from the
time of their engaging in the service.
October 12, 1775.
Resolved, That each Captain and other commissioned
officer, while in the recruiting service of this Continent,
or on their march to join the army, shall be allowed two
dollars and two-thirds of a dollar per week, for their subsistence;
and that the men who enlist shall each of them,
whilst in quarters, be allowed one dollar per week, and
one dollar and one-third of a dollar when on their march
to join the army for the same purpose.
That the President transmit to the Convention of New
Jersey blank commissions, to be filled up by the said
Convention, to the Captains and subaltern officers in the
said two Battalions, and that the appointment of the field
officers be for the present suspended, until the Congress
shall take order on that matter.
The form of the inlistment to be in the following
words:
"I
have this day voluntarily enlisted myself, as
a soldier in the American Continental army, for one
year, unless sooner discharged; and do bind myself to
conform, in all instances, to such rules and regulations
as are or shall be established for the government of the
said army."
A true copy from the minutes.
Chas. Thomson,
Sec.
By order of the Congress.
John Hancock,
President.
A memorial from Jonathan D, Sergeant, Esq., Treasurer
to the late Congress, with a report of his proceedings,
were read, and ordered a second reading.
A letter from the Chairman of the Committee of Safety
of Pennsylvania, inclosing two letters, said to have been
written by the Rev. Mr. Jonathan Odell of Burlington, to
certain persons in Great Britain, and referring the consideration
of the said letters to this Congress, was laid
before the Congress, and the several letters were read, and
ordered a second reading.
A memorial from the Rev. Mr. Odell, praying that
this Congress will be pleased to appoint an hour for his
being heard this day, was read, and ordered a second
reading.
A motion was made by Mr. Mehelm, that this Congress
do in general keep their doors open; and, on the question
being put, it passed in the negative.
On motion made.
Ordered, That the several associations, with the lists of
such persons as have not associated, returned to this Congress,
be filed for the inspection of the Deputies.
A petition from the Freeholders of Hackinsack, objecting
to the election of the Committee of that precinct, and
referring the merits of that election to this Congress, was
read, and ordered a second reading.
A petition from a number of the Freeholders of the
precinct of Hackinsack, praying that the said election
may be confirmed, was read, and ordered a second reading.
The Congress resumed the consideration of the letter
from the Continental Congress, recommending two Battalions
to be immediately raised in this Colony; and,
after some time spent therein.
Ordered, That Mr. Fisher, Mr. Ogden, Mr. Abraham
Clark and Mr. Stewart, be a Committee to prepare the
draught of an answer, and to report the same this afternoon.
The letter from the Committee of Safety of Pennsylvania,
with the letters of the Rev. Mr. Odell sent therewith;
and also the memorial of Mr. Odell, desiring to
be heard respecting the above letters, were all read a second
time; and Mr. Odell attending:
Ordered, That Mr. Odell hath leave to return to his
house at present, upon his parol of honor to attend this
Congress on Tuesday next at three o'clock in the afternoon.
The Committee appointed to examine the muster-roll
of Minute Officers, reported, that they had inspected
those of Captain Tenbrook, Captain Shaw and Captain
Anderson, and recommend that their commissions be
granted.
Ordered, That commissions do issue accordingly to the
officers of those companies.
The Congress adjourned till three o'clock, P. M,
The Congress met pursuant to adjournment.
Several memorials having been presented to this Congress,
from gentlemen who offer themselves for commissions
in the two Battalions expected to be raised in this
Colony; it is ordered that all such memorials as already
have, or hereafter may be received on this subject, be
filed, until this Congress shall have come to a determination
as to the raising of those Battalions; and then to be
taken into consideration.
The Committee appointed to prepare the draught of
an answer to the letter from the Continental Congress,
reported a draught; which was read, and ordered to be
engrossed.
The following engrossed answer to the letter from the
Continental Congress was read and approved, ordered to
be signed by the President, and dispatched immediately.
Trenton, October 13, 1775.
Gentlemen:— The Congress of New Jersey, animated
with equal affection, to the common cause of America,
and, equally with the other Provinces, desirous to promote
its general interest as far as in their power, are sorry
to find their good intentions likely to be restrained by
one of the resolutions of the honorable Continental Congress
of the 12th instant, obligingly communicated to us
by their President.
We cannot but observe that if the nomination of the
field officers of the Battalions proposed to be raised in
this Province, be not first ascertained to be in this Congress,
it will much impede the expeditious raising the
men; and we are clearly of opinion, that it will tend
much to expedite this service, if field officers are first of
all appointed; for if they are such as are generally respected
in the Province, not only Captains and subalterns
of reputation will offer their service, but the privates will
enlist more cheerfully — Indeed the other commissions
cannot, perhaps, be properly filled up, without inserting
in what Battalion the officers are to serve.
We also humbly conceive that, as other Provinces have
been indulged with this privilege, we cannot, in justice
to our constituents, nor consistent with the honor of our
Province, give up this claim.
We have do doubt, therefore, but that the honorable
Continental Congress will reconsider this resolution, and
determine that this Province ought neither to be precluded
a privilege granted to every other Province, nor
restrained in their endeavors to promote the general interest
of America — In such case, we beg leave to assure
them, that this Congress will exert all its influence in
promoting the raising the proposed levies; and we have
the pleasure to add, that we have reason to hope they
will be attended with the desired success.
We are gentlemen.
Your most obedient servants.
By order of the Provincial Congress of New Jersey
.
Samuel Tucker,
President,
The members of the Honorable the }
Continental Congress, Philad'a. }
On motion made.
The Congress resolved itself into a Committee of the
Whole House, upon the estimate of the expence necessary
to put this Colony into a state of defence at this time;
and also upon the ways and means necessary to be
adopted to provide a sufficient fund to defray that expence;
and, after some time spent therein, Mr. President
resumed the Chair, and Mr. Fisher, Chairman of the
Committee, reported, that the Committee had made some
further progress in the matters to them referred, and desired
leave to sit again on Thursday next; to which the
Congress agreed.
The Congress adjourned till nine o'clock to-morrow
morning.
Saturday, October 14, 1775.
The Congress met pursuant to adjournment.
The petition from the freeholders of Hackinsack, complaining
of an undue election of the Committee of that
precinct; and also the petition from others, freeholders of
Hackinsack, praying that the said election may be confirmed,
were both read a second time; and, after hearing
the sundry evidence on both sides, and deliberating
thereon,
Resolved unanimously, That the election of the Committee
for the precinct of Hackinsack be confirmed.
The certificate from the Committee of the County of
Bergen, of field officers chosen for the Regiment of Militia
in that County, was read;
Ordered, That commissions do issue to the several officers
therein named.
Whereas, from the peculiar circumstances of the
County of Morris, a debt of about one hundred and
eighty Pounds hath accrued in the raising of minutemen
in May last, on the alarming account of the battle
of Lexington; and it being thought to be right and just
that the same should be discharged, it is therefore recommended
to the Committee of the County of Morris, to
pay the same out of their part or proportion of the Ten
Thousand Pound tax, levied on the inhabitants of that
County, in virtue of an ordinance of the late Congress ;
Provided, That this payment be not considered as paid,
or ordered to be paid, at the general expence of the
Colony.
On motion made,
Ordered, That commissions do issue to the several officers
of the regiment of Militia in the County of Bergen, whose
names are mentioned in the certificate signed by the clerk
of the County Committee.
On motion made,
Ordered, That commissions do issue to the several field
officers of ths regiment of Militia of Cape May, whose
names are mentioned in the certificate of the County
Committee.
On motion made,
Ordered, That Mr. Cooper, Mr. Mehelm, Mr. De Hart
and Mr. Carey, be a Committee to prepare the draught of a
letter to the Continental Congress, and report the same
this afternoon.
The Congress adjourned till four o'clock, P. M.
The Congress met pursuant to adjournment.
The Committee appointed to prepare the draught of a
letter to the Continental Congress, reported such draught,
which was read the first and second time, and ordered to
be engrossed.
The following engrossed letter to the Continental Congress
was read, approved, and ordered to be signed by
the President, and dispatched immediately:
In Provincial Congress, }
Trenton, October 14, 1775. }
Gentlemen:— This Congress finding that, in order to
enable them to provide a sufficient quantity of arms and
ammunition, and such other articles as are essentially
necessary to enforce the operations of the present glorious
struggle for liberty, a very considerable fund must at all
events be immediately raised; and as this Congress, in
all cases of importance, think it necessary that they
should have some knowledge of the sentiments of the
Continental Congress, I am directed to apply to your
House, and to inquire whether it is consistent with the
measures the Continental Congress have adopted, to let
any of the Provinces have the use of such a sum of the
Continental currency as may be sufficient to answer their
particular exigencies, upon the faith of such Province;
and, if so, what sum the Continental Congress can spare,
and upon what terms, for the use of New Jersey at this
time.
Anxionsly desirous of rendering every possible assistance
to the common cause, this Congress have it before
them to make provision sufficient to enable them, at
least, to raise four thousand minute-men, to take the
field on any emergency; but as it is uncertain what provision
the Continental Congress may have thought proper
to make for such minute-men, if called into actual service,
I am likewise directed to apply to you for information
in this respect.
This Congress beg the favour of an answer as soon as
possible.
By order of Congress.
I am, Gentlemen,
Your most obedient humble servant,
Samuel Tucker,
President.
To the members of the Honorable the Continental
Congress now sitting at Philadelphia.
The Congress adjourned till nine o'clock on Monday
morning.
Monday, October 16, 1775.
The Congress met pursuant to adjournment.
On motion made.
Ordered, That commissions do issue to the several
officers of the battalion of minute-men, in the County of
Morris, whose names are mentioned in the certificate of
the County Committee, in the order and of the dates as
set forth in the certificate.
The Congress adjourned till nine o'clock to-morrow
morning.
Tuesday, October 17, 1775.
The Congress met pursuant to adjournment.
The Committee appointed to prepare the draught of a
Resolution, respecting tlie apprehending of deserters
from the Continental Troops, reported the following
draught, which was read, passed, and ordered to be engrossed.
1. Resolved, That, when information shall be made to
any member of any County or Town Committee in this
Colony of any deserters from the Continental Army being
found lurking in such County or town, any member of
such Town or County Committee shall be, and he is
hereby authorized to issue his order to the Captain or
Commanding Officer of any Company of Minute or
Militia men in such town or County, requiring him to
send one or more men of his Company to search for and
to apprehend such deserter; and, when apprehended, to
confine him in some safe place, until he can be conveniently
conducted to the army. Provided always, that
if any person or persons, so apprehended as aforesaid,
shall deny his or their being a deserter or deserters, the
Chairman or Deputy Chairman of such Town Committee,
do immediately convene such Town Committee to
hear and determine the same.
2. Resolved, That all reasonable expences of apprehending
and conducting any such deserter or deserters as
aforesaid, and allowed by any County Committee, shall
be paid out of any public monies in the hands of the
Treasurer or Collector of such County; and that such
County Committee do transmit the accounts of such disbursements
to this Congress or the Committee of Safety,
to be laid before the Continental Congress for reimbursement.
3. Resolved, That the inhabitants of this Colony in general
be desired to exert themselves in causing such
deserter or deserters to be apprehended; and that any
thing contained in the above resolutions shall not be
construed to preclude any such inhabitant from apprehending
such deserters without waiting for an order
from any member of such town or County Committee as
aforesaid.
The petition from the Township of Nottingham, praying
that the petitioners may be permitted to join the
light infantry Company at Trenton, was read a second
time, and referred to future consideration.
The petition from the County of Gloucester, praying
that some mode may be adopted to compel the payment
of the ten thousand pounds tax, from such persons as
have refused to pay the same, was read a second time;
Ordered, That Mr. Hart, Mr. Ogden, Mr. De Hart, Mr.
Pearson and Mr. Dunham, be a Committee to prepare
the draught of an Ordinance for that purpose, and report
the same to this Congress.
The Congress adjourned to three o'clock, P. M.
The Congress met pursuant to adjournment.
Pursuant to the order of the day, the Congress resumed
the letter of the Committee of Safety of Pennsylvania,
the letters said to be written by the Rev. Mr. Odell, and
Mr. Odell's memorial; and Mr. Odell attending, was
called in and heard, and then ordered to withdraw
—
whereupon, after deliberating thereon, the previous question
being put, that the determination of Mr. Odell's case
be postponed till to-morrow morning.
Resolved, That the same be postponed accordingly.
The Congress adjourned till nine o'clock to-morrow
morning.
Wednesday, October 18, 1775.
The Congress met pursuant to adjournment.
The report from the Committee of the County of Monmouth,
relative to the detention of a small sloop, supposed
to be a tender to some ship of war, &c., with the
several examinations respecting that matter, were read;
Resolved, That it be recommended to that Committee to
publish an advertisement in the newspapers, describing
the sloop, so that the owner may know where to apply;
and that the men and arms found on board the said
sloop, be taken proper care of by that Comaiittee, until
this Congress or the Committee of Safety, shall give further
order therein.
The Congress resumed the consideration of Mr. Odell's
case; and, having deliberated thereon, are of opinion,
that it appears, from the general purport of Mr. Odell's
letter, that, he disapproves of, and is, in principle, opposed
to the measures of defence adopted by the Continent, to
prevent the oppressive designs of the British Ministry;
but. as this Congress would by no means violate the right
of private sentiment, and as Mr. Odell's letter does not
clearly appear to have been intended to influence public
measures, and as some degree of ambiguity is contained
in several parts thereof, this Congress do therefore decline
passing any public censure against him.
The Congress adjourned till three o'clock, P. M.
The Congress met pursuant to adjournment.
On motion made,
Ordered, That commissions do issue to the officers of
Captain Sweetwood's company, in Colonel Taylor's regiment
of Militia, in Monmouth County.
The petition from Amwell, praying that the Third
Regiment of Militia, in Hunterdon County, may be
joined to the first — The petition from the upper part of
Amwell, praying that, if any alteration be made in the
Third Regiment, the petitioners may be joined to the
Fourth Regiment in the said County — The petition from
the Committee of Amwell; and also the petition of Captain
Imlay and and Captain Gray, respecting the Third
Regiment of Hunterdon — were all read a second time;
and the Congress, having duly considered the prayer of
the several petitions,
Resolved unanimously, That the appointment of field
officers, for the Third Regiment of Militia, for the County
of Hunterdon, be confirmed ; and that the several regiments
continue as directed by the late Congress.
The Congress adjourned till nine o'clock to-morrow
morning.
Thursday, October 19, 1775.
The Congress met pursuant to adjournment.
The Congress resumed the consideration of the petition
from Nottingham, praying that the petitioners may be
admitted to join the light infantry company at Trenton ;
and, on the question being put,
Resolved, That the prayer of the petition be granted to
such persons as reside in the village of King's-Borough.
The Congress adjourned to three o'clock, P. M.
The Congress met pursuant to adjournment.
A petition from sundry inhabitants and freeholders of
Trenton and parts adjacent, praying that householders
may be admitted to vote at future elections, and that
such elections be carried on by ballot; was read, and
ordered a second reading.
The Committee appointed to prepare the draught of
an Ordinance for the further regulation of the Militia of
this Colony, reported a draught of the same; which was
read and ordered a second reading.
Pursuant to the order of the day, the Congress resolved
itself into a Committee of the Whole House, upon the
estimate of the expence necessary to put this Colony into
a state of defence at this time; and also upon the ways
and means necessary to be adopted to provide a sufficient
fund to defray that expence; and, after some time spent
therein, Mr. President resumed the Chair, and Mr. Fisher,
Chairman of the Committee, reported, that the Committee
had made some further progress in the matters referred
to them, and desired leave to sit again; to which the
Congress agreed.
The several petitions from the County of Sussex,
praying a suspension of law suits, upon certain conditions,
were read a second time; and, after deliberating
thereon.
Ordered, That the further consideration of the prayer
of the said petitions be postponed to a future session.
A petition from the farmers of Essex, praying that
money at interest, lawyers, &c., may be taxed, was read,
and ordered a second reading.
On motion made.
Ordered, That commissions do issue to the field officers
of the northern battalion of the regiment of Militia of
the County of Essex.
On motion made,
The Congress resolved unanimously, That a commission
of first Brigadier General of the Militia forces of this
Colony do issue to Philemon Dickinson, Esquire.
The Congress adjourned till nine o'clock to-morrow
morning.
Friday, October 20, 1775.
The Congress met pursuant to adjournment.
The certificate of the election of officers of the several
companies of Militia in the Township of Freehold, was
read;
Ordered, That commissions do issue to the several officers
therein named.
The certificate of the election of field officers for the
battalion of minute-men, for the County of Monmouth,
was read;
Ordered, That commissions do issue to the officers
therein named.
The Congress adjourned to three o'clock, P. M.
The Congress met pursuant to adjournment.
The Congress resumed the consideration of the Ordinance
for the further regulation of the Militia forces of
this Colony; and, after some time spent therein,
Ordered, That the said Ordinance be committed to Mr.
Stewart, Mr. De Hart, Mr. Ellis, Mr. Pope and Mr. Browne,
who are to report their proceedings thereon.
The certificate of the election of field officers for the
First Regiment of Sussex County, was read;
Ordered, That commissions do issue to the officers
therein named.
The several petitions from Hunterdon and Sussex,
praying that householders may be permitted to vote at
future elections of Deputies, to serve in Congress, were
read a second time; and, after some time spent therein.
On motion made,
Resolved, That the further consideration of the above
petitions be postponed until Wednesday next.
The Congress adjourned until to-morrow morning.
Saturday, October 21, 1775.
The Congress met pursuant to adjournment.
The petition from the farmers of Essex, praying that
money at interest, lawyers and mechanics, may be taxed;
the recommendation of the Committee of Newark thereon;
and the petition from Hunterdon County, praying that
money at interest may be taxed; were all read a second
time, and referred to further consideration, when this
Congress shall find it necessary to raise taxes in this
Colony.
On motion made,
Resolved, That this Congress will take up the further
consideration of the estimate of expences, and the Provincial
fund, on Monday next.
On motion made,
Ordered, That the following letter be engrossed, and
dispatched immediately to the Continental Congress,
signed by the President.
In Provincial Congress }
Trenton, October 21, 1775. }
Sir:— Since the resolutions of the Continental Congress,
for raising two Battalions in this Colony, were communicated
to us, great numbers of gentlemen have applied for
commissions or warrants to recruit; but this Congress,
expecting hourly to hear from you on the subject of
appointing the field officers, have, as yet, forbore either
to grant commissions or issue warrants, and therefore are
very anxious to have your resolution on the subject of
our letter of the 13th instant.
This Congress desire me to assure you that from every
appearance the Battalions will speedily be completed, if
your honorable House shall think proper to comply with
the purport of our letter of the 13th instant.
To expedite this important service, I am to request the
favour of you, sir, to transmit to us the resolutions of the
Continental Congress, by the bearer, Thomas Potts, Esq.,
one of our members.
By order of Congress.
Your most humble servant,
Samuel Tucker,
President.
To the Hon. John Hancock, Esq., President }
of the Continental Congress, Philad'a. }
The Congress adjourned to three o'clock, P. M.
The Congress met pursuant to adjournment.
Joseph Salter, Esquire, having returned his commission
of Lieutenant Colonel of the Second Regiment of Militia
for the County of Monmouth, and desired leave to resign
the same;
Resolved unanimously, That his resignation be accepted.
The Committee appointed to prepare the draught of an
ordinance for compelling the payment of the ten thousand
pound tax, from such persons as have refused to
pay their quotas, reported the draught of such ordinance;
which was read, and ordered a second reading.
The Congress adjourned until Monday morning next.
Monday, October 23, 1775.
The Congress met pursuant to adjournment.
The draught of an Ordinance for compelling the payment
of the ten thousand pound tax, from such persons
as have refused to pay their quotas, was read a second
time, paragraph by paragraph, and, after deliberating
thereon,
Ordered, That the same be engrossed.
Mr. Fisher, from the Committee appointed to examine
what matters were referred over to this Congress by the
late Provincial Congress or Committee of Safety, reported,
that an application to the late Congress to encourage the
making of saltpetre in this Colony, and some petitions
from the County of Somerset, respecting Colonel M'Donald's
appointment to the command of the Battalion of
minute-raen in that County, were all the matters referred
to this Congress.
The Congress adjourned till three o'clock, P. M.
The Congress met pursuant to adjournment.
Pursuant to the order of the day the Congress resolved
itself into a Committee of the Whole House, upon the
estimate of the expence necessary to put this Colony into
a state of defence at this time; and also upon the ways
and means to provide a fund to defray the expences of
the same; and, after some time spent therein, Mr. President
resumed the Chair, and Mr. Fisher, Chairman of
the Committee, reported, that the Committee had made
some further progress in the matters referred to them,
and desired leave to sit again; to which the Congress
agreed.
The Congress adjourned till nine o'clock to-morrow
morning.
Tuesday, October 24, 1775.
The Congress met pursuant to adjournment.
A petition from several persons of Captain Harrison's
Company of light infantry, praying that the petitioners
may be indulged in continuing in that Company, notwithstanding
the late Resolution of this Congress; was
read, and ordered a second reading.
The following engrossed Ordinance, for compelling the
payment of the ten thousand pound tax, from such persons
as have refused to pay their quotas, was read, approved,
and, on the question being put,
Resolved, That the same do pass.
Whereas it was resolved and directed, by an Ordinance
of the late Congress, that the sum of ten thousand
pounds Proclamation money should be apportioned and
raised for the use of this Colony; and it appearing that
the whole of that sum hath not been collected pursuant
thereto: And whereas it is necessary, from the public
exigencies of this Colony, that the same should be collected,
and that some equitable mode be ascertained for
this purpose.
1. It is therefore resolved and directed, That the Collector
of every town and precinct, appointed or to be appointed
pursuant to the above recited Ordinance, shall and do
make demand, on or before the twentieth day of November
next, of every person within his District, who hath
neglected or refused paying the sum assessed in virtue of
said Ordinance, or give notice thereof at his usual place
of abode, and inform such person, or give notice as aforesaid,
that if the said assessment be not paid into the
hands of the said Collector, within fifteen days after the
said twentieth day of November next, in such case, the
name of the delinquent will be returned to the Committee
of the County where such delinquent resides; and
such County Committee are hereby ordered to direct
their Chairman or Deputy Chairman, to issue an order
to some proper person or persons, to be by them appointed
for that purpose, to make distress on the goods and chattels
of the said delinquent, and make sale thereof at public
vendue, giving five days notice thereof by advertisement
in such town or County, who shall pay the assessment
for which such distress shall be made, into the
hands of the said Town Collector, to be by him paid unto
the Collector of the County, in the same manner as the
other assessments collected by the Ordinance aforementioned
are, by an order of the late Congress, directed to
be paid; and the person or persons so as aforesaid appointed,
or to be appointed, to distrain, after payment
made, shall and may retain one shilling and sixpence
for each distress and sale: provided always, that, after
payment of the sum so distrained for, and the costs of
such distress, the overplus, if any, be returned to the
owner or owners of the goods so distrained as aforesaid.
2. And it is further resolved and directed, That in case
any Town Collector, or person appointed to distrain as
aforesaid, shall die, neglect or refuse to do or perform the
several duties, in this or the Ordinance above recited,
enjoined, new officers for that purpose shall be appointed
by the Committee of the County where such default shall
happen.
3. And whereas some owners of profitable tracts of
land, whereon improvements are made, may not happen
to reside in the same Township or Cuunty where such
land lies; and, unless some remedy be provided, it may
be impracticable to recover the assessment made on such
tracts of land; it is therefore resolved and directed, that the
goods and chattels of the tenant, or other person residing
upon or having the care of such tracts of land, or the
goods and chattels of the landlord, if there found, on his
refusal or neglect to pay the said assessment, shall be
liable to be distrained and sold for payment thereof, and
all charges accrued thereon; and in case the tenant, or
person having the care of the land as aforesaid, shall pay
such assessment, or his goods be distrained and sold for
payment thereof, then the said tenant shall and may
deduct the assessment so paid out of the rent agreed for.
4. And it is further resolved and directed, That in case
any person or persons shall think him, her or themselves
aggrieved by any assessment made in pursuance of this
or the above recited ordinance, and complaint thereof be
made to the Committee of the County where such person
or persons shall reside, at the next meeting after the demand
of the assessment as aforesaid hath been made,
such County Committee shall and may, in such case,
determine the same; and if they shall adjudge that the
complainant has been unduly assessed in the whole or in
part, the Chairman or Deputy Chairman of such County
Committee, is hereby directed to draw an order on the
Town or County Collector, as the case may require, for
repayment to the complainant of so much as shall be adjudged
to have been paid more than ought to have been
assessed; provided always that no such complaint shall
be heard until after payment of the assessment complained
of.
5. And it is further resolved and directed, That every
County Collector, who shall neglect or refuse accounting
with and paying the monies that are or shall be received
by him, in virtue of this or the ordinance above recited,
to such person or persons as directed in and by the said
recited ordinance, shall forfeit, for every such offence, the
sum of twenty Pounds; and every Town Collector, who
shall neglect or refuse accounting with and paying into
the hands of the Collector the monies that are or shall
be received by him in virtue of either of the said ordinances
above recited, when thereunto required by the
Committee of the County, or shall neglect to do or perform
the other duties enjoined by either of the said
ordinances, shall forfeit five Pounds for every such
offence; and every person appointed to distrain as aforesaid,
who shall neglect or refuse accounting with and
paying into the hands of the Collector of the Town,
where such distress shall be made, the monies he shall
receive in virtue of this ordinance, when thereunto required
by order of the Committee of such Town, or the
County Committee, or shall neglect to do or perform the
other duties enjoined him by either of the said ordinances,
shall pay forty Shillings for every such offence;
and every County Committee shall direct their Chairman
or deputy Chairman to issue an order to such person or
persons as they shall appoint to make distress and sale
of the goods and chatties of all such persons who neglect
or refuse accounting with or paying into the hand of
such person or persons who, in virtue of this or the said
recited ordinance, are or shall be appointed to receive the
same, as well for recovery of the forfeitures aforesaid, as
the public monies detained by them as aforesaid; and in
case sufficient goods and chattels for the purposes aforesaid
shall not be found, then to take the bodies of such
delinquents, who shall be ordered by the Committee of
the County, where such default shall happen, to be confined
in such safe place as they shall appoint, until the
forfeitures and monies detained as aforesaid, and also all
charges occurred by reason thereof, be fully paid.
6. And it is further resolved and directed, That all forfeitures,
recovered as aforesaid, shall be laid out in such
manner as the Committee of the County, where such forfeiture
is incurred, shall direct.
A memorial was presented to this Congress from
Icabod(sic) B. Barnett, Esquire, of Elizabeth Town, setting
forth that, in the month of March last, he was advertised
by the Committee of Elizabeth Town, as inimical to the
liberties of his Country, for assisting Messrs. Robert and
John Murray in landing certain goods out of the ship
Beulah; that ever before, and since landing the said
goods, he hath been ready and willing to render any
service to his Country, on the present occasion, in his
power; and that he hath in no wise contravened the
public good, except in that particular instance for which
he is heartily sorry, and prays an acquittal from his
former censure — and it appearing to this Congress, that
the behaviour of the said Icabod B. Barnett, since the
above transaction, hath by no means been unfriendly to
the liberties of this Country; and he having manifested
a suitable penitence for his behaviour in the above matter;
it is unanimously resolved, That the memoralist ought
to be restored to the favourable regard of his Country,
and he is accordingly restored to all the civil and commercial
privileges which he heretofore enjoyed in this
Colony.
On motion made.
Ordered, That Mr. Abraham Clark and Mr. Hart be
added to the Committee appointed to prepare and amend
the draught of the Militia ordinance.
The Congress adjourned until 3 o'clock, P. M.
The Congress met pursuant to adjournment.
A petition from sundry inhabitants of Middlesex
County, objecting to the field officers of the Regiment of
Militia commanded by Colonel Wetherill, and praying
leave to proceed to a new choice of field officers for the
said Regiment; was read and ordered a second reading.
A petition from sundry inhabitants of Hunterdon
County, praying that householders may be admitted to
vote at future elections for Deputies to serve in Congress ;
was read, and ordered a second reading.
The Congress resolved itself into a Committee of the
Whole House upon the estimate of the expence necessary
for the defence of this Colony at this time; and also upon
the ways and means to provide a fund to defray the expences
of the same; and, after deliberating thereon, Mr.
President resumed the Chair, and Mr. Fisher, Chairman
of the Committee, reported, that the Committee had gone
through the several matters to them referred, and had
come to the resolutions following.
1. That four thousand stand of arms be purchased for
the use of this Colony; and, on the question being put,
whether the Congress doth agree to the same? It passed
for three thousand stand of arms only to be purchased.
2. That ten tons of gun-powder be purchased for the
use of this Colony; to which the Congress agreed.
3. That twenty tons of lead be purchased for the use of
this Colony; to which the Congress agreed.
4. That two thousand cartouch-boxes be purchased for
the use of this Colony; which, on the question, was reduced
to one thousand only.
5. That two medicine chests be purchased for the use
of this Colony; to which the Congress agreed.
6. That eight hundred tents, with the necessary furniture,
canteens and knapsacks, be purchased for the use
of this Colony; and, on the question, it passed for four
hundred tents, with the necessary furniture, &c., to be
purchased.
7. That one thousand hunting-shirts be purchased for
the use of this Colony; which, on the question, passed in
the negative.
8. That the sum of one thousand four hundred Pounds
be appropriated as subsistence money, at one Shilling per
man per day. for the troops of this Colony when called
into actual service; and until they arrive at the place of
destination; to which the Congress agreed.
9. That the sum of eight thousand five hundred and
eighty-five Pounds be appropriated as a fund for the
payment of the troops of this Colony for one month, when
called into actual service; and, on the question, whether
this sum, or the sum of four thousand Pounds only be
appropriated? It passed unanimously for four thousand
Pounds only.
10. That four thousand blankets be purchased for the
use of this Colony; which, on the question, was reduced
to two thousand only.
11. That the sum of three hundred Pounds be laid out
in axes, spades and entrenching tools, for the use of this
Colony; to which the Congress agreed.
12. That the sum of five hundred Pounds be laid out
in procuring a train of artillery for the use of this
Colony; to which the Congress agreed.
13. That the sum of five hundred Pounds be appropriated
to encourage the erection of salt-petre works in this
Colony; and, on the question being put, whether this
sum or the sum of one thousand Pounds be appropriated
to this use? It passed for one thousand Pounds.
On motion made,
Resolved, That the sum of one thousand Pounds, voted
by this Congress to encourage the erecting of salt-petre
works in this Colony, be appropriated to the payment of
a bounty of one Shilling per pound, over and above the
market price, for any quantity, not exceeding twenty
thousand pounds weight, of good merchantable saltpetre,
which shall be made and manufactured in this
Colony, on or before the first day of January, 1777; Provided,
that the Continental Congress shall not offer the
like premium for salt-petre manufactured in any of the
United Colonies.
On motion made,
Resolved, That it is the opinion of this Congress, that
the sum of thirty thousand Pounds Proclamation money,
be immediately emitted in bills of credit for the use of
this Colony.
Ordered, That Mr. Fisher, Mr. Hart, Mr. Mehelm, Mr.
Elmer and Mr. Dunham, be a Committee to prepare the
draught of an Ordinance for emitting the aforesaid sum
of thirty thousand Pounds in bills of credit, and to make
a provision to sink the same; and also to appoint Commissioners
to purchase and procure the several articles
enumerated in the foregoing Resolutions, and that they
report the same to this Congress.
The Congress adjourned until two o'clock, P. M. tomorrow.
Wednesday, October 25, 1775.
The Congress met pursuant to adjournment.
A motion was made by the Deputies of the County of
Salem, and seconded by the members of Hunterdon, that,
as soon as this session is ended, this Congress doth dissolve
itself; in order that a new election may take place
upon more extensive principles, to wit:
That, at such new election, some householders, or reputable
single men, as are possessed bona fide of a personal
estate of the value of fifty Pounds Proclamation money,
or upwards, and have been resident at least one year in
the County, may be admitted to vote with those that are
Freeholders:
Ordered, That the consideration of this motion be postponed
until this Congress shall determine the petitions
from the Counties of Hunterdon and Sussex, praying
that householders may be admitted to vote at future
elections:
And thereupon, pursuant to the order of the day, the
Congress resumed the consideration of the several petitions
from the Counties of Hunterdon and Sussex, praying
that householders may be admitted to vote at future
elections; and, having duly weighed and considered the
several arguments for and against the prayer of the
said petitions; and also the above motion of the Deputies
of the County of Salem, for a dissolution of this Congress ;
the previous question was put, whether this Congress will
proceed to determine the consideration of the above
petitions and motion at this time, or postpone the same
to the next session, in order that the sense of the Colony
in general may be known?
Resolved, That the same be postponed to the next session
of this Congress:
Yeas—
Bergen County,
Monmouth,
Cape May.
|
Essex,
Burlington,
|
Somerset,
Gloucester,
|
Nays—
Middlesex County,
Hunterdon,
|
Morris,
Salem,
|
Sussex,
Cumberland,
|
The petition from Middlesex, respecting the field officers
of Colonel Wetherill's Regiment, was read a second
time; and, on the question being put, whether the prayer
of the said petition be granted or not? It was passed in
the negative unanimously.
The petition from several persons of Captain Harrison's
Company of light infantry, praying that the petitioners
may be indulged in continuing in that Company, notwithstanding
the late Resolution of Congress, was read a
second time; and it now appearing, that the Company in
Nottingham, to which the petitioners belonged, is united
to another Company; it is therefore resolved that the
prayer of the said petition be granted; and that a commission
do issue to John Matthews, one of the Lieutenants.
The certificate of the election of field officers for the
Battalion on the north side of Cohansie creek, in Cumberland
County, was read a second time;
Ordered, That commissions do issue to the several persons
therein named.
Ordered, That commissions do issue to Captain Thomas
Wolverton, and to the officers of his Company of minute-
men, in Sussex County,
Ordered, That commissions do issue to Samuel Forman,
Esq., Lieutenant Colonel, Elisha Lawrence, Esq., First
Major, and James Mott, Esq., Second Major, of the Second
Regiment of Militia in the County of Monmouth.
The Congress adjourned till nine o'clock to-morrow
morning.
Thursday, October 26, 1775.
The Congress met pursuant to adjournment.
A petition from the Committee of Sussex County, objecting
to the appointment of John Budd Scott, Esq., as
First Major of the First Regiment of Militia in that
County, and praying that Mr. Scott's commssion may be
vacated, was read, and ordered a second reading.
The Committee appointed to prepare the draught of
an ordinance for striking the sum of thirty thousand
Pounds in bills of credit for the use of this Colony; and
to make a provision to sink the same, &c., reported a
draught of such ordinance, which was read, and ordered
a second reading.
The following engrossed draught of the form of an advertisement
respectmg the enlistment of men for the two
Battalions, recommended to be raised in this Colony, was
read and passed.
Ordered, That the same be sent to the press as soon as
possible, and that two hundred copies be printed for the
use of this Colony.
In Provincial Congress, held at Trenton, }
the 26th day of October, 1775. }
Whereas the Honorable Continental Congress have
recommended to this Congress, That there be immediately
raised, in this Colony, at the expence of the Continent,
two Battalions, consisting of eight companies each,
and each company to consist of sixty-eight privates, and
officered with one Captain, one Lieutenant, one Ensign,
four Sergeants and four Corporals, on the following conditions.
That the privates be enlisted for a year, at the rate of
five dollars per calendar month, liable to be discharged
at any time, on allowing one month's pay extraordinary;
that each of the privates be allowed, instead of a bounty,
a felt hat, a pair of yarn stockings, and a pair of shoes
— the men to find their own arms.
That each Captain and other commissioned officer,
while in the recruiting service of this Continent, or on
their march to join the army, shall be allowed two dollars
and two-thirds of a dollar per week, for their subsistence;
and that the men who enlist shall, each of them,
whilst in quarters, be allowed one dollar per week, and
one dollar and one-third of a dollar when on their march
to join the army, for the same purpose.
The form of enlistment to be in the following words:
"I
have this day voluntarily enlisted myself
as a soldier in the American Continental army for one
year, unless sooner discharged; and do bind myself to
conform in all instances to such rules and regulations as
are or shall be established for the government of the said
army."
This Congress, desirous to carry into execution the
above resolution of the Continental Congress, do resolve
that warrants be issued to proper persons for immediately
raising the said two Battalions, consisting of eight companies
each, and each company of sixty-eight privates,
and officered with one Captain, one Lieutenant, one
Ensign, four Sergeants and four Corporals, on the terms
aforesaid; which Sergeants, Corporals and privates to be
enlisted, shall be able-bodied freemen: And it is further
directed, that when any company shall be enlisted, the
persons having warrants for raising the same, shall cause
a muster to be had thereof, in the presence of either Elias
Dayton, Azariah Dunham, Joseph Ellis or John Mehelm,
Esquires, who are hereby appointed Muster Masters to
review the said companies; and if upon such review such
Muster Master, who shall attend for that purpose, shall
find the said company complete, agreeable to the above
directions, shall thereupon certify the same on the back
of the muster-roll of such company to this Congress, or,
in their recess, to the Committee of Safety, in order that
commissions may be made out to the officers of such
company; which commissions the Committee of Safety
of this Colony, during the recess of this Congress, upon
receiving certificates as above, are required to make out
and issue.
And it is hereby recommended to the inhabitants of
this Colony, to be aiding and assisting, as far as their
influence extends, in raising the aforesaid levies.
And it is further resolved. That each muster-master shall
have for his trouble for reviewing each company, such
reward as this Congress or Committee of Safety shall
judge proper for his service, which the Treasurer of this
Colony for the time being, appointed by Congress, shall
pay out of the bills of credit to be issued by direction of
this Congress, upon an order or orders to him produced
from this Congress or Committee of Safety.
By order of the Congress.
Samuel Tucker,
President.
Attested,
John Carey, Sec.
The Congress adjourned till 9 o'clock, to-morrow
morning.
Friday, October 27, 1775.
The Congress met pursuant to adjournment.
The petition from the Committee of Sussex, respecting
Mr. Scott's commission, &c., was read a second time:
Resolved unanimously, By all the Counties except Sussex,
which was excused from voting on this occasion, that Mr.
Scott's commission be confirmed.
On motion made.
Ordered, That commissions do issue to the field officers,
and the officers of the eleven companies of the northwest
regiment of Militia in the County of Morris, when
it shall be made to appear to this Congress that a Colonel
hath been elected in the room of Mr. Winds, promoted
to the rank of Colonel of the battalion of minute-men
in that County.
On motion made,
Ordered, That commissions do issue to Matthias Williamson,
Esq., Colonel, Samuell Tuthill, Esq., Lieutenant-
Colonel, and Jacobus Post, Esq., Major of the regiment
of light horse in the eastern division of this Colony.
The Committee to whom the Militia ordinance was
referred, reported a draught of the same, with amendments,
which was read, paragraph by paragraph, and
debated;
Ordered, That the same be engrossed.
The Congress adjourned to three o'clock, P. M.
The Congress met pursuant to adjournment.
The following letter from the honorable the Continental
Congress, was presented and read:
Philadelphia, October 25, 1775.
Gentlemen:— The Congress have taken into consideration
your letters of the 13th and 14th instant, and, in
answer thereto, I am directed to inform you, that the
Congress are of opinion the public service makes it
necessary that the Jersey battalions be levied with all
possible expedition; but as the Congress are awaiting
the return of their Committee from camp, in order to
establish permanent regulations for all Continental forces,
they, for the present, incline to suspend a determination
on the question about the appointment of regimental
field officers.
The public exigencies will not admit of loans from the
Continental Treasury to any Colonies — the Congress
however hope, that this will not disable you from supplying
yourselves with arms and ammunition; in doing
which, it is not doubted you will fall upon such means
as will be most for the ease and safety of the Colony, * * * * * *
From some expressions in your letter of the 14th instant,
the Congress apprehend it is the intention of your
Convention to take into constant pay 4000 minute men;
but as this will be a very heavy expence, and more, we
think, than any one Colony can afford, we hope you will
weigh and consider such a measure before you adopt it.
With respect to provision for minute-men, the Congress
have made none; conceiving that the several Colonies
will make proper provision for them, where such provision
is necessary, or where they are called into actual
service, except when they are taken into Continental
service, in which case they will be entitled to the same
pay as the other Continental Troops.
I am, gentlemen.
Your most obedient humble servant,
John Hancock,
President.
To the members of the Provincial Congress of New
Jersey.
A copy of a petition from Mr. Thomas Lowrey, to the
Continental Congress, praying that he may be appointed
Commissary to the two battalions recommended to be
raised in this Colony, was presented and read; and Mr.
Lowrey having requested that this Congress would be
pleased to recommend him to the Continental Congress,
as a fit person for such appointment; and the question
being put, whether this Congress will comply with the
prayer of Mr. Lowrey's request or not? It passed in the
affirmative.
Ordered, That Mr. President do sign an attested copy
of this minute, and transmit the same to Mr. Lowrey.
The Ordinance for striking the sum of thirty thousand
pounds in bills of credit, for the use of this Colony, and
to make provision to sink the same, &c., was read a second
time, and debated;
Ordered, That the same be engrossed.
The Congress adjourned till nine o'clock to-morrow
morning.
Saturday, October 28, 1775.
The Congress met pursuant to adjournment.
The following engrossed Ordinance, for the further
regulation of the Militia forces of this Colony, was read,
compared and approved:
Whereas the Ordinances of the late Provincial Congress,
for regulating the Militia of this Colony, have been
found insufficient to answer the good purposes intended;
and it appearing to be essentially necessary that some
further regulations be adopted at this time of imminent
danger.
1. It is therefore Resolved and Directed, That each and
every Captain in this Colony, within ten day's after the
publication hereof, shall make out a list of all persons
residing in his district capable of bearing arms, between
the ages of sixteen and fifty years, who, by the first Military
Ordinance of a former Congress, were advised or requested
to enrol themselves by signing a muster-roll
therein mentioned, such persons only excepted whose
religious principles will not suffer them to bear arms,
who are hereby particularly exempted therefrom; a copy
of which list each Captain respectively, within ten days
after completing the same, shall deliver to the Colonel of
the Regiment to which he shall belong, and such Colonel
shall make return thereof to the Brigadier General of
the division to which he shall belong; and also transmit
a duplicate thereof to the Provincial Congress at their
next sitting. And the respective Captains shall also
make out exact lists of all such persons residing in their
several districts capable of bearing arms, between the
ages of sixteen and fifty years, whose religious principles
will not suffer them to bear arms; which lists the said
Captains shall lay before the Committee of the County to
which they belong.
2. And it is further Resolved, That every person above
directed to enrol himself by signing a muster-roll, shall
bear arms, attend musters, and in all things be conformable
to the rules and orders hereinafter mentioned; and
shall, with all convenient speed, furnish himself with a
good musket or firelock, and bayonet, sword or tomahawk,
a steel ramrod, worm, priming wire and brush
fitted thereto, a cartouch-box to contain twenty-three
rounds of cartridges, twelve flints and a knapsack, agreeable
to the direction of the Continental Congress, under
the forfeiture of two shillings for the want of a musket
or firelock, and of one shilling for the want of the other
above enumerated articles.
3. And it is further Resolved, That every person directed
to be enrolled as above, shall, at his place of abode, be
also provided with one pound of powder, and three
pounds of bullets of proper size to his musket or firelock.
4. And it is further Resolved and Directed, That each
whole company of Militia do assemble at least once
every month, properly accoutered as aforesaid, at such
place as the Captain, or commanding officer of such
company shall direct, and shall spend the whole day in
perfecting themselves in the military exercises; and that
a general muster or review be had of each regiment
three times in every year, at such times and places as
the field officers of each regiment shall think proper to
appoint.
5. And it is further Resolved and Directed, That in case
any person shall refuse or neglect to serve as a sergeant
or corporal in any company, being thereunto requested
by the Captain or commanding officer, or shall refuse or
neglect to warn the men to appear under arms when required
by the Captain or commanding officer, such sergeant
or corporal, shall for every such neglect or refusal,
forfeit the sum of twelve Shillings.
6. And it is further Resolved and Directed, That all
officers commissioned, by this or the former Congress, do
subscribe the following declaration, to wit:
We, the subscribers, the officers of one of the regiments
in the County of
and Colony of New
Jersey, do hereby promise and engage, under all the ties
of religion, honor and regard to our Country, that we
will, respectively, duly observe, and carry into execution,
to the utmost of our power, all and every the orders,
resolves and recommendations made, or to be made, by
the Provincial Congress of this Colony, for defending
our Constitution, and preserving the same inviolate; and
that we will also render due obedience to such officers,
who either by rank or superiority, are regularly placed
above us. Which declaration shall be laid before the
next sitting of the Provincial Congress.
7. And it is further Resolved and Directed, That the following
penalties be inflicted on those who do not attend
and obey orders on the days appointed for general musters
and reviews, to wit, a Colonel six Pounds, a Lieutenant
Colonel five Pounds, a Major four Pounds, a
Captain three Pounds, Lieutenants, Ensigns and Adjutants
two Pounds each. Sergeants, Corporals, drummers,
fifers and privates, directed to be enrolled as aforesaid, ten
Shillings each, for each and every default. And that
there shall be inflicted on those who do not attend properly
accoutered as abovesaid, and obey orders, on the
times to be appointed tor the meeting of the companies,
at least once every month, to wit, a Captain thirty Shillings,
Lieutenants and Ensigns twenty Shillings each.
Sergeants, Corporals, drummers, fifers and privates four
Shillings each, for each and every default. Provided
always, that reasonable excuses shall be admitted for
delinquents non-attendance, by those persons who are to
issue the warrants of distress.
8. And it is further Resolved and Directed, That all fines,
under the degree of a Captain, shall be levied on the
goods and chattels of the offenders, by warrant from the
Captain directed to a Sergeant of his company; and
those of field officers and Captains, under the degree of
Colonel, to be levied on the goods and chattels of the
offender, by a warrant from the Colonel of the regiment
directed to the Adjutant; and those of a Colonel, by a
warrant from a Brigadier General, directed to a Major of
the regiment to which such delinquent or delinquents
belong.
9. And it is further Resolved and Directed, That the
several officers and persons to whom warrants of distress
shall be directed, shall, upon receipt thereof, immediately
levy the several fines and forfeitures therein mentioned,
under the forfeiture of forty Shillings for every neglect
in levying the same, to be recovered by a warrant under
the hand of the Chairman of the Committee of the
County where such neglect shall happen, directed to
such person or persons as such Committee shall appoint
for that; and every Sergeant shall levy upon each delinquent,
in the warrant to him directed, the sum of one
Shilling over and,above the penalty laid in such warrant,
which he is to keep and detain as a reward for his trouble;
and each Major or Adjutant shall receive for each distress
by them made, the sum of five Shillings, which he
is to levy as abovesaid. And the fines and forfeitures
aforesaid levied by a Sergeant, when recovered, shall be
paid to the Captain issuing such warrant, to be by him
laid out in supplying such of his company with arms as
are not able to furnish themselves therewith; and shall
render to the Committee of the County, in which he resides,
a true account of all such fines and forfeitures by
him received, and his disbursements out of the same,
agreeable to the above directions, when he shall be thereunto
required by said Committee; and in case any of
such fines and forfeitures shall remain in such Captain's
hands for the space of two months not laid out as aforesaid,
he shall then pay the same to such Committee, to
be by them laid out as above directed; and all fines
recovered from any officer or officers, above the degree
of Lieutenant, shall be immediately paid into the hands
of the County Committee, to be by them laid out in such
manner as they shall judge most serviceable for the common
defence of the Colony.
10. And it is further Resolved and Directed, That if this
Colony shall be alarmed or invaded by an armed force,
then, and in such case, every subaltern and soldier so
enrolled, or directed to be enrolled as aforesaid; and also
each minute man raised, or which may then be raised,
is hereby requested immediately to repair, properly
armed and accoutered, to his Captain's residence, unless
otherwise ordered; and the Captain, or commanding
officer of the company nearest to the place where such
alarm or invasion shall happen, shall immediately march
his company to oppose the enemy; and at the same time
send an express to the commanding officer of the Regiment
to which he belongs, who is to march with the
whole, or part of the forces under his command, as he,
before receiving orders from one of the general officers,
shall judge necessary, in order to prevent the enemy from
landing or penetrating into any part of the country; and
at the same time shall send an express to some one of the
general officers nearest to him, informing him of the intelligence
he hath received of such an alarm or invasion;
and, during the times of such invasion or alarm, the officers
and soldiers abovesaid, shall be subject to a courtmartial,
under the same rules and orders as directed and
ordered by the Continental Congress of the associated
Colonies, held at Philadelphia on the tenth day of May
last, for the better government of the Continental troops.
11. Provided always, and it is further Resolved and Directed,
That no pains and penalties, imposed by a courtmartial,
shall extend to the taking life or member of any
delinquent offender who shall be called out as aforesaid.
12. And it is further Resolved and Directed, That every
person between the ages of sixteen and fifty years, capable
of bearing arms as aforesaid, who shall come from
any of the neighboring Provinces into this Colony, shall,
within two weeks after his arrival, enrol himself in the
company of the place where such person may chance to
reside, and attend musters, as before directed for the
Militia; and, in case of neglect or refusal, shall be subject
to the same fines and forfeitures.
13. And it is further Resolved and Directed, That the
officers and minute-men, now formed into companies or
Battalions, or such as shall be so formed hereafter, shall
observe the same rules, orders and directions, as to attending
musters, and learning the military discipline; and be
subject to the same fines and penalties for non-attendance,
as before directed for the Militia, and to be recovered in
like manner.
14. And it is further Resolved and Directed, That the
minute-men, when called out to the assistance of a
neighbouring Colony, shall be subject to the articles of
war established by the Continental Congress, and be
under the direction of their own officers, unless a Continental
officer of superior rank be present, to whom, in
such case, they are to yield due subordination.
15. And whereas, several companies of light-horse have
been raised in this Colony; and as it is probable that
more may be raised hereafter. It is therefore Resolved and
Directed, That each company of light-horse do not exceed
forty privates, and that one company only be allowed to
be raised in each County; and that each Regiment be
commanded by a Colonel, Lieutenant Colonel, and Major,
who are to be subject to the command of the Brigadier
Generals of this Colony, the Provincial Congress or Committee
of Safety; and that such Regiments of horse shall
be under the same regulations, as to the times of muster
and learning of the military discipline, as before directed
for the foot Militia by this Ordinance, and subject to the
same fines and penalties for non-attendance; which fines
and penalties are to be recovered in manner aforesaid;
and that the officers of each Regiment of horse take equal
rank with the Militia officers of foot, holding similar commissions
of the same date.
16, And it is further Resolved and Directed, That each
and every of the inhabitants of this Colony, between the
ages of sixteen and fifty years, whose religious principles
will not suffer them to bear arms as above directed, shall
as an equivalent thereto, and also in lieu of all future
voluntary contributions for public and benevolent uses,
as recommended by Congress, pay into the hands of the
Chairman of the Committee of the County where they
reside, the sum of four shillings per month for such exemption;
and in case they, or either of them, shall neglect
or refuse to pay the same, that then, upon such neglect
or refusal, such Committee once every three months, shall,
and are hereby required and enjoined to issue a warrant
of distress, under the hand of their Chairman or Deputy
Chairman directed to such person or persons as they
shall appoint for that purpose, requiring distress to be
made on the goods and chattels of every such delinquent;
and that the same be sold at public vendue, giving
five days notice thereof by advertisement; and, out
of the money arising by such sale, to pay to the Chairman
of such Committee the money then due from every
such delinquent, returning the overplus, if any to the
owner thereof, after detaining one shilling and sixpence
for every such distress and sale; and in case any person
or persons aforesaid, under age, shall make default in
paying their equivalent as aforesaid, the same, by order
of such Committee, shall be demanded of the parent,
master or person whose care such delinquents are under;
and, upon their refusal or neglect to pay, the same shall
be recovered by distress and sale as aforesaid of such delinquent's
parent, master or other person whose care he
or they are under; and the County Committees respectively
are also hereby enjoined and required, once every
six months, to pay unto either of the Treasurers of this
Colony, for the time being, appointed by this Congress,
all such sum and sums of money as they may receive as
abovesaid, to be applied as a Provincial Fund to such
uses and purposes as this or a future Congress shall judge
the exigencies of the times may require.
17. Provided alivays, and it is further Resolved and Directed,
That every person above directed and required to pay an
equivalent for the above exemptions, shall be excused
from paying such equivalent every time he shall make
it appear to the Committee of the County where he
resides, that he was sick or unable to attend musters at
the time when the Company, in the district he lives in,
shall attend their monthly exercises; or shall make it
appear he was at that time out of the Province, or necessarily
engaged in the public business of the Colony.
18. And it is further Resolved, That in case any person
or persons shall think him or themselves aggrieved by a
distress made for their fines and forfeitures as aforesaid,
such person or persons may, within two months thereafter,
appeal to the Committee of the Township or Committee
of the County in which he or they shall reside, which
Committee shall take the same into consideration; and,
in case they find any such appellant aggrieved, shall
order suitable redress, by directing the money recovered
of him or them, or such part thereof as they think proper,
to be returned by the Captain or other officer who issued
the warrant of distress, who is hereby required to return
the same accordingly; or in case the goods distrained are
not sold, the Committee then may give such order therein
as to them may seem just and right, conforming themselves
in such, decisions, as near as may be, to the true
intent and meaning of this Ordinance.
Whereupon the question being put, whether the aforesaid
Ordinance do pass this Congress or not? It was
carried in the affirmative.
On motion made, it is ordered. That the rules laid
down by the Continental Congress, for the regulation of
the army of the United Colonies, be printed with the
above Militia Ordinance.
On motion made,
Resolved, That the following gentlemen be recommended
by this Congress to the Honourable the Continental
Congress, as proper persons for field officers of the
two Battalions to be raised in this Colony; to wit:
Lord Stirling, Colonel.
William Winds, Lieut. Col.
William De Hart, Major.
|
}
}
}
|
For the Eastern Battalion.
|
William Maxwell, Col.
Israel Shreive, Lieut. Col.
David Ray, Major.
|
}
}
}
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For the Western Battalion.
|
Ordered, That the President do sign an attested copy
of this Resolution, and transmit the same to the Continental
Congress.
On motion made,
Resolved, That commissions be certified, signed by the
President, and delivered to the members of this Congress
for the distant Counties, to be by them filled up and
delivered to the respective officers, upon proper certificates,
from the County Committee, that such respective
officers have been duly elected, according to the Ordinance
of this Congress; which certificate is to be returned
to this Congress at their next sitting, or to the Committee
of Safety.
On motion made,
Resolved unanimously, That a commission of Second
Brigadier General of the Militia forces of tHis Colony do
immediately issue to William Livingston, Esquire.
Ordered, That the Secretary, Colonel Ellis, and Colonel
Maxwell, be a Committee to wait on Mr. Livingston, at
Mrs. Stell's and present him with the above commission.
Whereupon the Committee withdrew, and having returned
to their seats, reported, that they had presented
the said commission to Mr. Livingston, who had received
the same in a polite manner, and desired that his thanks
might be returned to this Congress.
The Congress adjourned to three o'clock, P. M.
The Congress met pursuant to adjournment.
Major Ephraim Anderson having thought proper to
resign his commission of First Major of the First Regiment
of the Hunterdon Militia;
Resolved unanimously, That his resignation be accepted.
The following engrossed Ordinance for striking the
sum of thirty thousand Pounds in bills of credit, for the
use of this Colony, and to make a provision to sink the
same, &c., was read, compared and approved:
Whereas, it appears essentially necessary, at this time
of increasing danger, that the inhabitants of this Colony
should be furnished with ammunition and other military
stores, and that this Colony should be put into some
proper posture of defence.
It is therefore Resolved and Directed, That Messrs. Samuel
Tucker, Abraham Hunt, Joseph Ellis and Alexander
Chambers be, and they are hereby appointed Commissioners
for the Western Division; and that Hendrick
Fisher, Azariah Dunham, Abraham Clark, and Samuel
Potter be, and they are hereby appointed Commissioners
for the Eastern Division of this Colony; which said Commissioners,
or the major part of them, are hereby authorized
and directed to receive of the Treasurers of this
Colony, for the time being, appointed by this Congress,
or either of them, all such sum or sums of money as they
shall, from time to time, find necessary to expend for the
use of this Colony, pursuant to the resolutions hereinafter
mentioned.
And it is further Resolved and Directed, That the said
Commissioners be, and they are hereby authorized and
directed to contract with artificers for, or otherwise purchase
three thousand stand of arms, at any price not exceeding
three Pounds seven Shillings each stand; and
also to purchase ten tons of gun-powder, twenty tons of
lead, one thousand cartouch-boxes, at any price not exceeding
nine shillings each; a quantity of flints, brushes,
priming wire and cartridge paper, not exceeding one
hundred Pounds in value; two chests of medicine, not
exceeding three hundred Pounds in value, four hundred
tents, with camp equipage, &c., not exceeding one thousand
eight hundred and seventy Pounds in value; two
thousand blankets, not exceeding one thousand five hundred
Pounds in value; a number of axes, spades and
other entrenching tools, not exceeding three hundred
Pounds in value; and a train of artillery, not exceeding
five hundred Pounds in value.
And it is further Resolved and Directed, THat the said
Commissioners do supply the troops of this Colony, when
called to action in this or any of the neighbouring Colonies,
with one month's subsistence, at one shilling per
day per man, or provisions to that amount, if necessary:
Provided, that the expence of such subsistence doth not
exceed the sum of one thousand four hundred Pounds in
value; and one month's pay for the troops of this Colony,
when called into actual service: Provided that the Continental
Congress do not make provision for the same;
and provided also, that the pay of such troops doth not
exceed the sum of four thousand Pounds in value.
And it is further Resolved and Directed, That the Treasurers
of this Colony be, and they are hereby required
and enjoined to pay to the said Commissioners, or the
major part of them, or to their order, all such sum or
sums of money as they may find necessary to expend for
the purposes aforesaid; and the receipt or receipts from the
said Commissioners, or a major part of them, shall be
sufficient vouchers and discharges to the said Treasurers,
or either of them, their executors and administrators, for
all monies by them paid pursuant to this ordinace.
And whereas it is absolutely necessary to provide a
fund for defraying the above expence, it is therefore Resolved
and Directed, That bills of credit, to the amount of
thirty thousand Pounds Proclamation money, be immedately
prepared, printed, and made as follows, to wit:
Five thousand seven hundred bills, each of the value of
three Pounds; six thousand bills, each of the value of
one Pound ten Shillings; four thousand bills, each of the
value of fifteen Shillings; and three thousand bills, each
of the value of six Shillings; which bills shall be in the
form following, to wit:
This bill, by an Ordinance of the Provincial Congress,
shall pass current in all payments within the Colony of
New Jersey, for
Proclamation money.
Dated the
day of 1775.
And shall be impressed with such devices as the inspectors
of the press hereinafter appointed shall direct;
and, when printed, shall be delivered to Hendrick Fisher
and Azariah Dunham, Esquires, of the Eastern Division,
and to John Hart and John Carey, Esquires, of the Western
Division, four of the signers thereof, in equal moities;
one moiety to be signed by the Treasurer and signers of
the Eastern Division; and the other moiety by the Treasurer
and signers of the Western Division. And the said
signers are hereby authorized and required, upon delivery
of the said bills by the printer thereof, to administer
to him, and he is hereby directed and required to take
an oath or affirmation, in the following words:
I, A B, do declare, that, from the time the letters were
set and fit to be put into the press for the printing the bills
of credit now by me delivered, until the same bills were
printed and the letters unset and put into the boxes again,
I went at no time out of the room in which the said letters
were without locking them up so as they could not be
come at without violence, a false key, or other art then
unknown to me; and therefore, to the best of my knowledge,
no copies were printed off but in my presence;
and that all the blotters and other papers whatsoever
printed by the said letters, while set for printing the said
bills, to the best of my knowledge, are here delivered, together
with the stamps for the indents and devices; and
that I have not at any time been privy or consenting to
any other or more bills being struck than I now deliver;
and that in all things relating to this affair, I have demeaned
myself according to the true intent and meaning
of the Ordinance, by virtue whereof this money is
printed, to the best of my knowledge and understanding.
Which printer, at the time he is ordered to print the
said bills, shall have a copy of this oath or affirmation,
that he may govern himself accordingly. Provided always,
That, if any accident has happened, he may have the
liberty of making an exception thereof in his oath or
affirmation, he declaring fully how it was.
And it is further Resolved and Directed, That the bills
made current by this Ordinance shall be nearly the size
and likeness of the bills now current in this Colony, and
shall be signed and numbered by the respective persons
hereinbefore appointed signers thereof; and in case of
their, or either of their deaths, or other disability then
Joseph Hugg of the Western Division, and John Covenhoven
of the Eastern Division, are hereby appointed
signers of the said bills; and one half of them shall be
delivered to the Treasurer of the Eastern Division of this
Colony appointed by this Ordinance, to be by him
signed; and the other half shall be delivered to the Treasurer
of the Western Division, to be by him signed; and,
in case of refusal or disability of either of the said Treasurers,
then any three of the persons nominated in this
Ordinance as signers are to sign the same.
And, in order that the said bills may be numbered and
signed with the less charge and risk, and with the most
ease and expedition, the said signers are to observe the
directions following, to wit:
First, Before the said signers do receive any of the
said bills they shall each of them take an oath, or affirmation
if Quakers, before a Justice of the Peace, for the true
signing of the said bills of credit; and that they will
sign no more, or other bills, than by this Ordinance is
directed; and that, to the best of their skill, they will
perform what, by this Ordinance, they are enjoined as
their duty. A certificate of which oath or affirmation is
to be signed by the Justice, and the deponents or affirmants
to be delivered to the Treasurers with the bills when
signed by them.
Secondly. On receiving the bills from the printer, the
said signers shall burn and destroy the blotters, and they
shall divide the fair bills so received into two equal
parts, and, to avoid confusion, shall agree betwixt themselves
how the parts of each shall be numbered; and the
signers for the Eastern Division shall take the stamps
for the escutcheons, and the signers for the Western
Division shall take the stamps for the arms.
Thirdly, Each of the signers may then carry his part
to his own house, there to be numbered and signed by
him with all possible expedition; which, or such part as
is then necessary, being done, they shall meet at a day
and place by them to be appointed, and agreed on, and
each deliver the part numbered and signed by him to
the other, in order for him to sign the same; and they
shall then together burn and destroy the bills, if any be,
over and above the number hereby appointed to be issued,
and in like manner shall do, from time to time, until all
are signed and exchanged.
Fourthly, Each of the said signers may then carry the
part of the bills aforesaid, so delivered to them by the
other, to their respective houses, to be signed with all
possible expidition; and when signed, in any sums, from
time to time, to be delivered to the Treasurer of the
Division where the signers live, and the stamps for the
escutcheons and arms, taking receipts of the respective
Treasurers for the sums so delivered; which, when produced,
shall be sufficient to discharge the said signers
respectively, their heirs, executors or administrators, from
such parts of the said bills as the receipts do express.
And it is further Resolved and Directed, That the said
Treasurers shall, respectively, sign the said bills to them
delivered; and, under the obligation of their oaths or
affirmations for the due execution of their offices, pay
them out accordingly as they shall be directed, by this
and any future order of the Provincial Congress, or Committee
of Safety, of this Colony, and no otherwise.
And it is further Resolved and Directed, That the bills of
credit to be made and issued, by virtue of this Ordinance,
shall pass current until the twenty-first day of December,
which will be in the year of our Lord one thousand seven
hundred and eighty six.
And it is further Resolved and Directed, That Samuel
Tucker, Hendrick Fisher and Richard Smith, Esquires,
or any two of them, are hereby authorized and directed
to agree with the printer for the price to be paid him for
printing the bills, according to the directions of this
Ordinance, and shall be and are hereby appointed inspectors
of the press, to take care that the printer of the
bills of credit doth duly perform the duty herby enjoined
him.
And it is further Resolved and Directed, That there shall
be paid to the printer of the said bills of credit, such sum
or sums of money for printing them, as the said inspectors,
or any two of them, shall certify under their hands
they had agreed to pay him for that service; and there
shall be paid to the Treasurers, inspectors and signers,
such reward for their trouble as the Congress or Committee
of Safety, for this Colony, shall deem reasonable.
All which sums of money shall be paid by the Treasurers,
or either of them, out of the money made current
by virtue of this Ordinance, and shall take proper receipts
for the same; which receipts, when laid before the
Provincial Congress, or Committee of Safety, shall discharge
the said Treasurers, their heirs, executors and
administrators, for all such sums by them paid, pursuant
to this Ordinance.
And it is further Resolved and Directed, That the residue
of the said thirty thousand Pounds made current by this
Ordinance, and not herein appropriated, shall remain in
the said treasury as a fund, subject to be disposed of in
future by the Provincial Congress, or Committee of Safety,
of this Colony.
And it is further Resolved and Directed, That for the better
credit and effectual sinking of the said bills of credit,
there shall be assessed, levied and raised, on the several
inhabitants of this Colony, their goods and chattels,
lands and tenements, the sum of ten thousand Pounds,
annually, in every of the years one thousand seven hundred
and eighty-four one thousand seven hundred and
eighty-five, one thousand seven hundred and eighty-six,
to be paid in the proportions and manner following:
By the County of Bergen
By the County of Essex
By the County of Middlesex
By the County of Somerset
By the County of Monmouth
By the County of Morris
By the County of Sussex
By the County of Hunterdon
By the County of Burlington
By the County of Gloucester
By the County of Salem
By the County of Cumberland
By the County of Cape May
|
£664
742
872
904
1069
723
593
1363
1071
783
679
385
166
|
8
18
6
2
2
8
5
16
13
2
12
6
18
|
0
0
8
0
8
0
4
8
4
8
0
8
0
|
And it is further Resolved and Directed, That the several
quotas, so apportioned as aforesaid, shall be assessed,
raised, levied, collected and paid into the treasuries, in
the same method, manner, proportion and form, as is
directed by an act passed in the tenth year of his present
Majesty's reign, entitled An act to settle the quotas of the
several Counties in this Colony; provided that some
other more equitable expedient for sinking the same, in
a more easy method to the inhabitants of this Colony,
shall not be agreed upon in the meantime.
Whereupon the question being put, whether this Ordinance
do pass or not? It was carried in the affirmative.
The memorial of Jonathan D. Serjeant, Esq., Treasurer
to the late Congress of this Colony, was read a second
time, and unanimously approved;
Ordered, That the thanks of this Congress be returned
to Mr. Serjeant, for his constant and steady attention to
the public cause at these times of general calamity.
On motion made,
Resolved unanimously, That commissions do issue to
Messrs. John Cooper and John Dennis, the Treasurers
for this Colony, appointed by this Congress, upon their
giving such security as this Congress, or the Committee
of Safety shall direct.
On motion made,
Resolved, That upon proper certificates, from any County
Committee of this Colony, being produced to the President,
or Vice President, in the recess of this Congress,
certifying the election of militia or minute officers, for
any of the Battalions in this Colony, the President or
Vice President do issue commissions accordingly.
Ordered, That a commission do issue to John Taylor,
Esq., as Second Major of the Fourth Regiment of Militia,
in Hunterdon County.
On motion made,
Resolved, That in the case of the death, or removal out of
the Colony, of any of the Deputies of this Congress, before
the next annual election, the freeholders of the County,
for which such person was a Deputy, have leave to proceed
to a new election to supply his place.
On motion made,
Resolved, That it be recommended to the several County
Committees of this Colony, to allow their respective Deputies
such recompence for their time and public service, in
attending the Provincial Congresses and Committees of
Safety, as they shall think reasonable.
Resolved, That a commission do issue to James Holmes,
Esq., as Surgeon to the Sussex Battalion of minute-men.
Resolved, That a commission do issue to Peter Campbell,
Esquire, as Aid-de-Camp to Brigadier General
Dickinson.
On motion made,
Resolved, That the following gentlemen be, and they
are hereby appointed a Committee of Safety, to act for
the public welfare of this Colony, in the recess of this
Congress, to wit:
Mr. President Tucker,
Mr. Vice President Fisher.
John Hart,
Abraham Clark,
Lewis Ogden,
Joseph Holmes,
John Mehelm,
Isaac Pearson,
John Pope,
Azariah Dunham,
John Dennis,
Augustine Stevenson,
Ruloff Van Dyke,
|
}
}
}
}
}
} — Esquires.
}
}
}
}
}
|
Which said Committee of Safety, or the major part of
the members thereof, are hereby directed to meet at such
time and place as the President and Vice President shall
direct.
On motion made.
Resolved, That Mr. President be desired to return the
thanks of this Congress to the Reverend Mr. Spencer, and
the Reverend Mr. Panton, for their polite attention and'
services, during the present sitting; and also to the several
communities, who have been pleased to accommodate
this Congress with the use of their respective places of
worship.
On motion made.
Resolved, That the Secretary be requested to revise,
correct and make out a fair copy of the minutes of this
Congress for publication; and that he be allowed such
recompence for his time and trouble as this Congress, or
Committee of Safety shall deem reasonable.
Resolved, That as soon as the Secretary hath prepared
a fair copy of the minutes of this Congress for the press,
Mr. President do issue an order to Isaac Collins, to immediately
print off one thousand copies thereof, for the
use of the Colony in general; and five hundred copies of
the new Militia Ordinance, with the Articles of War, for
regulating the Continental army, annexed, for the use
of the Militia forces.
Resolved, That, out of the monies in the Treasury of
this Congress, there be paid to Mr. President so much
money as he hath expended for firewood, candles, pens,
ink and paper, for the use of this Congress, during the
present sitting; and also ten Shillings to Mr. Fisher, and
ten Shillings to Mr. Mehelm, for two volumes of the
Acts of Assembly of this Colony; and to Daniel Bellingeau,
the doorkeeper of this Congress, for his constant
attendance and services during this sitting, six Pounds;
and also, to the said Daniel Bellingeau, the sum of three
Pounds fifteen Shillings, for his services in attending the
late Congress.
The Congress adjourned to meet at New Brunswick on
the first Tuesday in April next, unless sooner convened
by the President, Vice President, or the Committee of
Safety.
An Ordinance
For regulating the Militia of New Jersey, passed
at a Sitting of the Provincial Congress, Held
at Trenton in the Month of October, 1775,
To which is annexed the Continental Articles
of War.
—————
An Ordinance, &c.
Whereas the ordinances of the late Provincial Congress,
for regulating the Militia of this Colony, have
been found insufficient to answer the good purposes intended;
and it appearing to be essentially necessary that
some further regulations be adopted at this time of
imminent danger;
1. It is therefore Resolved and Directed, That each and
every Captain in this Colony, within ten days after the
publication hereof, shall make out a list of all persons
residing in his district capable of bearing arms, between
the ages of sixteen and fifty years, who, by the first military
ordinance of a former Congress, were advised or
requested to enrol themselves by signing a muster-roll
therein mentioned, such persons only excepted whose
religious principles will not suffer them to bear arms,
who are hereby particularly exempted therefrom; a copy
of which list each Captain, respectively, within ten days
after completing the same, shall deliver to the Colonel
of the regiment to which he shall belong, and such Colonel
shall make return thereof to the Brigadier General
of the division to which he shall belong; and also transmit
a duplicate thereof to the Provicial Congress at their
next sitting. And the respective Captains shall also
make out exact lists of all such persons residing in their
several districts capable of bearing arms, between the
ages of sixteen and fifty years, whose religious principles
will not suffer them to bear arms; which lists the said
Captains shall lay before the Committee of the County
to which they belong.
2. And it is further Resolved, That every person above
directed to enrol himself by signing a muster-roll, shall
bear arms, attend musters, and in all things be conformable
to the rules and orders herein after mentioned; and
shall, with all convenient speed, furnish himself with a
good musket or firelock, and bayonet, sword or tomahawk,
a steel ramrod, priming wire and brush fitted thereto, a
cartouch-box to contain twenty-three rounds of cartridges,
twelve flints, and a knapsack, agreeable to the direction
of the Continental Congress, under the forfeitures of two
Shillings for the want of a musket or firelock, and of one
Shilling for the want of the other above enumerated
articles.
3. And it is further Resolved, That every person directed
to be enrolled as above, shall, at his place of abode, be
also provided with one pound of powder, and three
pounds of bullets of proper size to his musket or firelock.
4: And it is further Resolved and Directed, That each
whole company of Militia do assemble at least once every
month, properly accoutered as aforesaid, at such place as
the Captain, or commanding officer of such company,
shall direct, and shall spend the whole day in perfecting
themselves in the military exercise; and that a general
muster or review be had of each regiment three times in
every year, at such times and places as the field officers
of each regiment shall think proper to appoint.
5. And it is further Resolved and Directed, That in case
any person shall refuse or neglect to serve as a sergeant
or corporal in any company, being thereunto requested
by the Captain or commanding officer, or shall refuse or
neglect to warn the men to appear under arms when
required by the Captain or commanding officer, such
sergeant or corporal, shall, for every such neglect or
refusal, forfeit the sum of twelve Shillings.
6. And it is further Resolved and Directed, That all officers
commissioned, by this or the former Congress, do
subscribe the following declaration, to wit:
We, the subscribers, the officers of one of the regiments
in the County of
and Colony of New
Jersey, do hereby promise and engage, under all the ties
of religion, honor and regard to our Country, that we
will, respectively, duly observe, and carry into execution,
to the utmost of our power, all and every the orders,
resolves and recommendations made, or to be made, by
the Provincial Congress of this Colony, for defending
our Constitution, and preserving the same inviolate; and
that we will also render due obedience to such officers,
who either by rank or superiority, are regularly placed
above us. Which declaration shall be laid before the
next sitting of the Provincial Congress,
7. And it is farther Resolved and Directed, That the following
penalties be inflicted on those who do not attend
and obey orders on the days appointed for general musters
or reviews, to wit:
A Colonel six Pounds, a Lieutenant-Colonel five
Pounds, Major four Pounds, Captain three Pounds,
Lieutenants, Ensigns and Adjutants two Pounds each.
Sergeants, Corporals, drummers, fifes and privates, directed
to be enrolled as aforesaid, ten Shillings each, for
each and every default. And that there shall be inflicted
on those who do not attend properly accoutered as abovesaid,
and obey orders, on the times to be appointed for
the meeting of the Companies, at least once every month,
to wit, a Captain thirty Shillings, Lieutenants and
Ensigns twenty Shillings each. Sergeants, Corporals,
drummers, fifes and privates four Shillings each, for each
and every default. Provided always, that reasonable excuses
shall be admitted for delinquents non-attendance,
by those persons who are to issue the warrants of
distress.
8. And it is further Resolved and Directed, That all fines,
under the degree of a Captain, shall be levied on the
goods and chattels of the offender, by warrant from the
Captain directed to a Sergeant of his Company; and
those of field-officers and Captains, under the degree of
Colonel, to be levied on the goods and chattels of the
offender, by a warrant from the Colonel of the Regiment
directed to the Adjutant; and those of a Colonel, by a
warrant from a Brigadier-General, directed to a Major of
the Regiment to which such delinquent or delinquents
belong.
9. And it is further Resolved and Directed, That the several
officers and persons to whom warrants of distress
shall be directed, shall, upon receipt thereof, immediately
levy the several fines and forfeitures therein mentioned,
under the forfeiture of forty Shillings for every
neglect in levying the same, to be recovered by a warrant
under the hand of the Chairman of the Committee
of the County where such neglect shall happen, directed
to such person or persons as such Committee shall appoint
for that purpose: and every Sergeant shall levy
upon each delinquent, in the warrant to him directed,
the sum of one Shilling over and above the penalty laid
in such warrant, which he is to keep and detain as a reward
for his trouble; and each Major or Adjutant shall
receive, for each distress by them made, the sum of five
Shillings, which he is to levy as abovesaid. And the
fines and forfeitures aforesaid levied by a Sergeant, when
recovered, shall be paid to the Captain issuing such warrant,
to be by him laid out in supplying such of his
Company with arms as are not able to furnish themselves
therewith; and shall render to the Committee of
the County, in which he resides, a true account of all
such fines and forfeitures by him received, and his disbursements
out of the same, agreeable to the above directions,
when he shall be thereunto required by said Committee:
and in case any of such fines and forfeitures shall
remain in such Captain's hands for the space of two
months not laid out as aforesaid, he shall then pay the
same to such Committee, to be by them laid out as
above directed: and all fines recovered from any officer
or officers, above the degree of Lieutenant, shall be immediately
paid into the hands of the County Committee,
to be by them laid out in such manner as they shall
judge most serviceable for the common defence of the
Colony.
10. And it is further Resolved and Directed, That if this
Colony shall be alarmed or invaded by an armed force,
then, and in such case, every subaltern and soldier so
enrolled, or directed to be enrolled as aforesaid; and also
each minute-man raised, or which may then be raised, is
hereby requested immediately to repair, properly armed
and accoutered, to his Captain's residence, unless otherwise
ordered; and the Captain, or Commanding Officer
of the Company nearest to the place where such alarm
or invasion shall happen, shall immediately march his
Company to oppose the enemy; and at the same time
send an express to the Commanding Officer of the Regiment
to which he belongs, who is to march with the
whole, or part of the forces under his command, as he,
before receiving orders from one of the general officers
shall judge necessary, in order to prevent the enemy from
landing or penetrating into any part of the country; and
at the same time shall send an express to some one of the
general officers nearest to him, informing him of the intelligence
he hath received of such an alarm or invasion;
and, during the times of such invasion or alarm, the
officers and soldiers abovesaid, shall be subject to a courtmartial,
under the same rules and orders as directed and
ordered by the Continental Congress of the associated
Colonies, held at Philadelphia on the tenth day of May
last, for the better government of the Continental troops.
11. Provided always, and it is farther Resolved and Directed,
That no pains and penalties, imposed by a court-martial,
shall extend to the taking life or member of any delinquent
or offender who shall be called out as aforesaid.
12. And it is further Resolved and Directed, That every
person between the ages of sixteen and fifty years, capable
of bearing arms as aforesaid, who shall come from
any of the neighbouring Provinces in this Colony, shall,
within two weeks after his arrival, enrol himself in the
company of the place where such person may chance to
reside, and attend musters as before directed for the
Militia; and, in case of neglect or refusal, shall be subject
to the same fines and forfeitures.
13. And it is further Resolved and Directed, That the
officers and minute men now formed into companies or
Battalions, or such as shall be so formed hereafter, shall
observe the same rules, orders and directions, as to attending
musters, and learning the military discipline, and
be subject to the same fines and penalties for non-attendance,
as before directed for the Militia, and to be recovered
iu like manner.
14. And it is further Resolved and Directed, That the
minute-men. when called out to the assistance of a neighbouring
Colony, shall be subject to the articles of war,
established by the Continental Congress, and be under
the direction of their own officers, unless a Continental
officer of superior rank be present, to whom, in such case,
they are to yield due subordination.
15. And whereas, several companies of light horse have
been raised in this Colony; and as it is probable that
more may be raised hereafter. It is therefore Resolved and
Directed, That each company of light horse do not exceed
forty privates, and that one company only be allowed to
be raised in each County; and that each regiment be
commanded by a Colonel, Lieutenant Colonel, and Major,
who are to be subject to the command of the Brigadier
Generals of this Colony, the Provincial Congress, or Committee
of Safety; and that such Regiments of horse shall
be under the same regulations, as to the times of muster,
and learning the military discipline, as before directed
for the foot Militia by this Ordinance, and subject to the
same fines and penalties for non-attendance; which fines
and penallies are to be recovered in manner aforesaid;
and that the officers of each Regiment of horse take equal
rank with the militia officers of foot holding similar commissions
of the same date.
16. And it is further Resolved and Directed, That each
and every of the inhabitants of this Colony, between the
ages of sixteen and fifty years, whose religious principles
will not suffer them to bear arms as above directed, shall,
as an equivalent thereto, and also in lieu of all future
voluntary contributions for public and benevolent uses,
as recommended by Congress, pay into the hands of the
Chairman of the Committee of the County where they
reside, the sum of four Shillings per month for such their
exemption; and in case they, or either of them, shall
neglect or refuse to pay the same, that then, upon such
neglect or refusal, such Committee, once every three
months, shall, and are hereby required and enjoined to
issue a warrant of distress, under the hand of their Chairman
or Deputy Chairman, directed to such person or
persons as they shall appoint for that purpose, requiring
distress to be made on the goods and chattels of every
such delinquent; and that the same be sold at public
vendue, giving five days notice thereof by advertisement;
and, out of the money arising by such sale, to pay the
Chairman of such Committee the money then due from
every such delinquent, returning the overplus, if any, to
the owner thereof, after detaining one Shilling and Sixpence
for every such distress and sale; and in case any
person or persons aforesaid, under age, shall make default
in paying their equivalent as aforesaid, the same, by order
of such Committee, shall be demanded of the parent,
master or person whose care such delinquents are under;
and, upon their refusal or neglect to pay, the same shall
be recovered by distress and sale as aforesaid of such delinquent's
parent, master or other person whose care he
or they are under; and the County Committees respectively
are also hereby enjoined and required, once every
six months, to pay unto either of the Treasurers of this
Colony, for the time being, appointed by this Congress,
all such sum and sums of money as they may receive as
abovesaid, to be applied as a Provincial fund to such uses
and purposes as this or a future Congress shall judge the
exigencies of the times may require.
17. Provided always, and it is further Resolved and Directed,
That every person above directed and required to
pay an equivalent for the above exemptions, shall be excused
from paying such equivalent every time he shall
make it appear to the Committee of the County where he
resides, that he was sick or unable to attend musters at
the time when the company, in the District he lives in,
shall attend their monthly exercises; or shall make it
appear he was at that time out of the Province, or necessarily
engaged in the public business of the Colony.
18. And it is further Resolved, That in case any person
or persons shall think him or themselves aggrieved by a
distress made for their fines and forfeitures as aforesaid,
such person or persons may, within two months thereafter,
appeal to the Committee of the Township or Committee
of the County in which he or they shall reside,
which Committee shall take the same into consideration ;
and, in case they find any such appellant aggrieved,
shall order suitable redress, by directing the money recovered
of him or them, or such part thereof as they think
proper, to be returned by the Captain or other officer who
issued the warrant of distress, who is hereby required to
return the same accordingly, or in case the goods distrained
are not sold, the Committee then may give such
order therein as to them may seem just and right, conforming
themselves in such decisions, as near as may be,
to the true intent and meaning of this Ordinance.
——————————
Rules and Articles for the Better Government
of the Troops raised, or to be raised, and kept in
pay by and at the joint expence of the twelve
United English Colonies of North America.
In General Congress of the United Colonies, held at Philadelphia
on the 10th day of May, 1775.
Whereas his Majesty's most faithful subjects in these
Colonies are reduced to a dangerous and critical situation,
by the attempts of the British Ministry, to carry into execution,
by force of arms, several unconstitutional and
oppressive acts of the British Parliament for laying
taxes in America, to enforce the collection of those taxes,
and for altering and changing the Constitution and internal
police(sic) of some of these Colonies, in violation of
the natural and civil rights of the Colonies.
And whereas hostilities have been actually commenced
in the Massachusetts bay, by the British troops, under
the command of General Gage, and the lives of a number
of the inhabitants of that Colony destroyed; the
town of Boston not only having been long occupied as
a garrisoned town in an enemy's country, but the inhabitants
thereof, treated with a severity and cruelty not to
be justified even towards declared enemies.
And whereas large reinforcements have been ordered,
and are soon expected, for the declared purpose of compelling;
these Colonies to submit to the operation of the
said acts, which hath rendered it necessary, and an indispensable
duty, for the express purpose of securing and
defending these Colonies, and preserving them in safety
against all attempts to carry the said acts into execution,
that an armed force be raised sufficient to defeat such
hostile designs, and preserve and defend the lives, liberties
and immunities of the Colonists; for the due regulating
and well ordering of which,
Resolved, That the following rules and orders be attended
to and observed by sach forces as are or may
hereafter be raised for the purpose aforesaid:
Article 1. That every officer who shall be retained,
and every soldier who shall serve in the Continental
army, shall, at the time of his acceptance of his commission
or inlistment, subscribe these rules and regulations;
and that the officers and soldiers, already of that army,
shall also, as soon as may be, subscribe the same; from
the time of which subscription every officer and soldier
shall be bound by those regulations; but if any of the
officers or soldiers, now of the said army, do not subscribe
these rules and regulations, then they may be
retained in the said army, subject to the rules and regulations
under which they entered into the service, or be
discharged from the service at the option of the Commander-
in-chief.
Art. 2. It is earnestly recommended to all officers and
soldiers, diligently to attend divine service; and all officers
and soldiers, who shall behave indecently or irreverently
at any place of divine worship, shall, if commissioned
officers, be brought before a court-martial, there
to be publicly and severely reprimanded by the president;
if non-commissioned officers or soldiers, every person so
offending shall, for his first offence, forfeit one-sixth of a
dollar, to be deducted out of his next pay; for the second
offence, he shall not only forfeit a like sum, but be confined
for twenty-four hours; and for every like offence,
shall suffer and pay in like manner; which money so
forfeited, shall be applied to the use of the sick soldiers
of the troop or company to which the offender belongs.
Art. 3, Whatsoever non-commissioned officer or soldier
shall use any profane oath or execration, shall incur the
penalties expressed in the foregoing article; and if a
commissioned officer be thus guilty of profane cursing
or swearing, he shall forfeit and pay, for each and every
such offence, the sum of four Shillings, lawful money.
Art. 4. Any officer or soldier, who shall behave himself
with contempt or disrespect towards the General or
Generals, or Commanders-in-Chief of the Continental
forces, or shall speak false words, tending to his or their
hurt or dishonour, shall be punished according to the
nature of his offence, by the judgment of a general courtmartial.
Art. 5. Any officer or soldier who shall begin, excite,
cause or join in any mutiny or sedition, in the regiment,
troop or company to which he belongs, or in any other
regiment, troop or company of the Continental forces,
either by land or sea, or in any part, post, detachment or
guard, on any pretence whatsoever, shall suffer such
punishment as by a general court-martial shall be ordered.
Art. 6. Any officer, non-commissioned officer, or soldier
who, being present at any mutiny or sedition, does not
use his utmost endeavors to suppress the same; or coming
to the knowledge of any mutiny or intended mutiny,
does not, without delay, give information thereof to the
commanding officer, shall be punished by order of a general
court-martial, according to the nature of his offence.
Art. 7. Any officer or soldier, who shall strike his superior
officer, or draw or offer to draw, or shall lift up
any weapon, or offer any violence against him, being in
the execution of his office, on any pretence whatsoever,
or shall disobey any lawful commands of his superior
officer, shall suffer such punishment as shall, according
to the nature of his offence, be ordered by the sentence
of a general court-martial.
Art. 8. Any non-commissioned officer or soldier, who
shall desert, or without leave of his Commanding Officer,
absent himself from the Troop or company to which he
belongs, or from any detachnaent of the same, shall, upon
being convicted thereof, be punished according to the
nature of his offence, at the discretion of a general courtmartial.
Art. 9. Whatsoever officer or soldier shall be convicted
of having advised or persuaded any other officer or
soldier to desert, shall suffer such punishment as shall
be ordered by the sentence of a general court-martial.
Art. 10. All officers of what condition soever, shall
have power to part and quell all quarrels, frays and disorders,
though the persons concerned should belong to
another regiment, troop or company; and either order
officers to be arrested, or non-commissioned officers or
soldiers to be confined and imprisoned, till their proper
superior officers shall be acquainted therewith; and whosoever
shall refuse to obey such officer (though of an
inferior rank) or shall draw his sword upon him, shall
be punished at the discretion of a general court-martial.
Art. 11. No officer or soldier shall use any reproachful
or provoking speeches or gestures to another; nor shall
presume to send a challenge to any person to fight a
duel: And whoever shall, knowingly and willingly,
suffer any person whatsoever to go forth to fight a duel;
or shall second, promote or carry any challenge, shall be
deemed as a principal: And whatsoever officer or soldier
shall upraid another for refusing a challenge, shall also
be considered as a challenger: And all such offenders
in any of these or such like cases, shall be punished at
the discretion of a general court-martial.
Art. 12. Every officer commanding in quarters, or on
a march, shall keep good order, and, to the utmost of his
power, redress all such abuses or disorders which may be
committed by any officer or soldier under his command:
If upon any complaint being made to him, of officers or
soldiers beating or otherwise ill-treating any person, or
of committing any kind of riot, to the disquieting of the
inhabitants of this continent, he, the said Commander,
who shall refuse or omit to see justice done on the offender
or offenders, and reparation made to the party or parties
injured, as far as the offenders wages shall enable him
or them, shall, upon due proof thereof, be punished as
ordered by a general court-martial, in such manner as if
he himself had committed the crimes or disorders complained
of.
Art. 13. If any officer should think himself to be
wronged by his Colonel or the commanding officer of
the Regiment, and shall, upon due application made to
him, be refused to be redressed, he may complain to the
General or Commander-in-Chief of the Continental forces,
in order to obtain justice, who is hereby required to examine
into said complaint, and see that justice be done.
Art. 14. If any inferior officer or soldier shall think
himself wronged by his Captain or other officer commanding
the troop or company to which he belongs, he is to
complain thereof to the commanding officer of the Regiment,
who is hereby required to summon a regimental
court-martial for the doing justice to the complainant; from
which regimental court-martial, either party may, if he
still thinks himself aggrieved, appeal to a general courtmartial;
but if, upon a second hearing, the appeal shall
appear to be vexatious and groundless, the person so
appealing shall be punished at the discretion of the general
court-martial.
Art. 15. Whatsoever non-commissioned officer or soldier
shall be convicted, at a regimental court-martial, of having
sold, or designedly, or through neglect, wasted the
ammunition, arms or provisions, or other military stores,
delivered out to him, to be employed in the service of
this Continent, shall, if an officer, be reduced to a private
sentinel; and if a private soldier, shall suffer such punishment
as shall be ordered by a regimental court-martial.
Art. 16. All non-commissioned officers and soldiers, who
shall be found one mile from the camp, without leave in
writing from their commanding officer, shall suffer such
punishment as shall be inflicted on him or them by the
sentence of a regimental court-martial.
Art. 17. No officer or soldier shall lie out of his quarters
or camp, without leave from the commanding officer of
the regiment, upon penalty of being punished according
to the nature of his offence, by order of a regimental courtmartial.
Art. 18. Every non-commissioned officer and soldier
shall retire to his quarters or tent at the beating of the
retreat; in default of which, he shall be punished according
to the nature of his offence, by order of the commanding
officer.
Art. 19. No officer, non-commissioned officer or soldier,
shall fail of repairing, at the time fixed, to the place of
parade or exercise, or other rendezvous appointed by the
commanding officer, if not prevented by sickness or some
other evident necessity; or shall go from the said place
of rendezvous, or from his guard, without leave from his
commanding officer, before he shall be regularly dismissed
or relieved, on penalty of being punished according
to the nature of his offence, by the sentence of a
regimental court-martial.
Art. 20. Whatsoever commissioned officer shall be
found drunk on his guard, party or duty, under arms,
shall be cashiered for it; any non-commissioned officer
or soldier, so offending, shall suffer such punishment as
shall be ordered by the sentence of a regimental courtmartial.
Art. 21. Whatsoever sentinel shall be found sleeping
upon his post, or shall leave it before he shall be regularly
relieved, shall suffer such punishment as shall be
ordered by the sentence of a general court-martial.
Art. 22. Any person belonging to the Continenal army,
who, by discharging of fire arms, beating of drums, or by
any other means whatsoever, shall occasion false alarms,
in camp or quarters, shall suffer such punishment as
shall be ordered by the sentence of a general court-martial.
Art. 23. Any officer or soldier who shall, without urgent
necessity, or without leave of his superior officer, quit his
platoon or division, shall be punished according to the
nature of his offence, by the sentence of a regimental
court-martial.
Art. 24. No officer or soldier shall do violence, or offer
any insult, or abuse, to any person who shall bring provisions,
or other necessaries, to the camp, or quarters of
the Continental army; any officer or soldier so offending,
shall, upon complaint being made to the commanding
officer, suffer such punishment as shall be ordered by a
regimental court-martial.
Art. 25. Whatsover officer or soldier shall shamefully
abandon any post committed to his charge, or shall speak
words inducing others to do the like, in time of an engagement,
shall suffer death immediately.
Art. 26. Any person belonging to the Continental army,
who shall make known the watchword to any person who
is not entitled to receive it, according to the rules and
discipline of war, or shall presume to give a parole, or
watchword different from what he received, shall suffer
death, or such other punishment as shall be ordered by
the sentence of a general court-martial.
Art. 27. Whosoever, belonging to the Continental army,
shall relieve the enemy with money, victuals, or ammunition;
or shall knowingly harbour or protect an enemy,
shall suffer such punishment as by a general court-martial
shall be ordered.
Art. 28. Whosoever, belonging to the Continental army,
shall be convicted of holding correspondence with, or of
giving intelligence to the enemy, either directly or indirectly,
shall suffer such punishment as by a general
court-martial shall be ordered.
Art. 29. All public stores taken in the enemy's camp
or magazines, whether of artillery, ammunition, clothing
or provisions, shall be secured for the use of the United
Colonies.
Art. 30. If any officer or soldier shall leave his post or
colours, in time of an engagement, to go in search of
plunder, he shall, upon being convicted thereof before a
general court-martial, suffer such punishment as by said
court-martial shall be ordered.
Art. 31. If any commander of any post, intrenchment,
or fortress, shall be compelled, by the officers or soldiers
under his command, to give it up to the enemy, or to
abandon it, the commissioned officer, non-commissioned
officers or soldiers who shall be convicted of having so
offended, shall suffer death, or such other punishment as
may be inflicted upon them by the sentence of a general
court-martial.
Art. 32. All suttlers and retailers to a camp, and all
persons whatsoever, serving with the Continental army
in the field, though not enlisted soldiers, are to be subject
to the articles rules and regulations of the Continental
army.
Art. 33. No general court-martial shall consist of a less
number than thirteen, none of which shall be under the
degree of a commissioned officer; and the president shall
be a field officer; and the president of each and every
court-martial, whether general or regimental, shall have
power to administer an oath to every witness, in order to
the trial of offenders. And the members of all courts-martial
shall be duly sworn by the president; and the
next in rank on the court-martial, shall administer the
oath to the president.
Art. 34. The members, both of general and regimental
courts-martial, shall, when belonging to different corps,
take the same rank which they hold in the army; but
when courts-martial shall be composed of officers of one
corps, they shall take their ranks according to their
commissions by which they are mustered in the said
corps.
Art. 35. All the members of a court-martial, are to
behave with calmness, decency and impartiality; and in
giving of their votes are to begin with the youngest or
lowest in commission.
Art. 36. No field officer shall be tried by any person
under the degree of a Captain; nor shall any proceedings
or trials be carried on, excepting between the hours
of eight in the morning, and three in the afternoon, except
in cases which require an immediate example.
Art. 37. The commissoned officers of every regiment
may, by the appointment of their Colonel or commanding
officer, hold regimental courts-martial for the inquiring
into such disputes or criminal matters as may come before
them, and for the inflicting corporal punishments,
for small offences, and shall give judgment by the majority
of voices ; but no sentence shall be executed till
the commanding officer, (not being a member of the
court-martial) shall have confirmed the same.
Art. 38. No regimental court-martial shall consist of
less than five officers, excepting in cases where that number
cannot be conveniently assembled, when three may
be sufficient; who are likewise to determine upon the
sentence by the majority of voices; which sentence is to
be confirmed by the commanding officer, not being a
member of the court-martial.
Art. 39. Every officer, commanding any fort, castle or
barrack, or elsewhere, where the corps under his command
consists of detachments from different regiments, or
of independent companies, may assemble courts-martial
for the trial of offenders in the same manner as if they
were regimental, whose sentence is not to be executed till
it shall be confirmed by the said commanding officer.
Art. 40. No person whatsoever shall use menacing
words, signs or gestures in the presence of a court-martial
then sitting, or shall cause any disorder or riot,
so as to disturb their proceeding, on the penalty of being
punished at the discretion of the said court-martial.
Art. 41. To the end that offenders may be brought to
justice; whenever any officer or soldier shall commit a
crime deserving punishment, he shall by his commanding
officer, if an officer, be put in arrest; if a non-commissioned
officer or soldier, be imprisoned till he shall
be either tried by a court-martial, or shall be lawfully
discharged by proper authority.
Art. 42. No officer or soldier who shall be put in arrest,
or imprisonment, shall continue in his confinement more
than eight days, or till such time as a court-martial can be
conveniently assembled.
Art. 43. No officer commanding a guard, or provost
marshal, shall refuse to receive or keep any prisoner
committed to his charge, by an officer belonging to the
Continental forces; which officer shall at the same time
deliver an account in writing, signed by himself, of the
crime with which the said prisoner is charged.
Art. 44. No officer commanding a guard, or provost
marshal, shall presume to release any prisoner committed
to his charge, without proper authority for so doing;
nor shall he suffer any prisoner to escape, on the penalty
of being punished for it, by the sentence of a general
court-martial.
Art. 45. Every officer or provost marshal, to whose
charge prisoners shall be committed, is hereby required,
within twenty-four hours after such commitment, or as
soon as he shall be relieved from his guard, to give in.
writing to the Colonel of the regiment to whom the prisoner
belongs (where the prisoner is confined upon the
guard belonging to the said regiment, and that his
offence only relates to the neglect of duty in his own
corps) or to the Commander-in-Chief, their names, their
crimes, and the names of the officers who committed
them, on the penalty of being punished for his disobedience
or neglect, at the discretion of a general courtmartial.
Art. 46. And if any officer under arrest, shall leave his
confinement before he is set at liberty by the officer who
confined him, or by a superior power, he shall be cashiered
for it.
Art. 47. Whatsoever commissioned officer shall be convicted
before a general court-martial, of behaving in a
scandalous, infamous manner, such as is unbecoming the
character of an officer and a gentleman, shall be discharged
from the service.
Art. 48. All officers, conductors, gunners, matrosses,
drivers, or any other persons whatsoever, receiving pay
or hire in the service of the Continental artillery, shall
be governed by the aforesaid rules and articles, and shall
be subject to be tried by courts-martial, in like manner
with the officers and soldiers of the Continental troops.
Art. 49. For differences arising amongst themselves, or
in matters relating solely to their own corps, the courts-martial
may be composed of their own officers; but where
a number sufficient of such officers cannot be assembled,
or in matters wherein other corps are interested, the officers
of artillery shall sit in courts-martial with the officers
of the other corps.
Art. 50. All crimes not capital, and all disorders and
neglects, which officers and soldiers may be guilty of, to
the prejudice of good order and military discipline,
though not mentioned in the articles of war, are to be
taken cognizance of by a general or regimental court-martial,
according to the nature and degree of the offence,
and be punished at their discretion.
Art. 51 That no persons shall be sentenced by a court-martial
to suffer death, except in the cases expressly
mentioned in the foregoing articles; nor shall any punishment
be inflicted at the discretion of a court-martial,
other than degrading, cashiering, drumming out of the
army, whipping not exceeding thirty-nine lashes, fine
not exceeding two months pay of the offender, imprisonment
not exceeding one month.
Art. 52. The field officers of each and every regiment
are to appoint some suitable person belonging to such
regiment, to receive all such fines as may arise within
the same for any breach of any of the foregoing articles,
and shall direct the same to be carefully and properly
applied to the relief of such sick, wounded or necessitous
soldiers, as belong to such regiment; and such person
shall account with such officer for all fines received, and
the application thereof
Art. 53. All members sitting in courts-martial shall be
sworn by the President of said courts, which President
shall himself be sworn by the officer in said court next
in rank: The oath to be administered previous to their
proceeding to the trial of any offender, in form following,
viz.:
You, A. B., swear that you will well and truly try, and
impartially determine, the case of the prisoner now to be
tried, according to the rules for regulating the Continental
army. So help you God.
Art. 54. All persons called to give evidence, in any
case, before a court-martial, who shall refuse to give evidence,
shall be punished for such refusal, at the discretion
of such court-martial: The oath to be administered in
the form following, viz:
You swear the evidence you shall give in the case now
in hearing, shall be the truth, the whole truth, and nothing
but the truth. So help you God,
Art. 55. Every officer commanding a regiment, troop
or company, shall, upon notice given to him by the
Commissary of the Musters, or from one of his Deputies,
assemble the regiment, troop or company under his command,
in the next convenient place for their being mustered.
Art. 56. Every Colonel or other field officer, or officer
commanding any corps, to which there is no field officer,
and actually residing with it, may give furloughs to non-commissioned
officers and soldiers, in such numbers, and
for so long a time, as he shall judge to be most consistent
with the good of the service; but no non-commissioned
officer or soldier shall, by leave of his Captain, or inferior
officer, commanding the troop or company (his field officer
not being present) be absent above twenty days in six
months, nor shall more than two private men be absent
at the same time from their troop or company, excepting
some extraordinary occasion shall require it, of which
occasion the field officer present with, and commanding
the regiment or independent corps, is to be judge.
Art. 57. At every muster the commanding officer of
each regiment, troop or company, then present, shall give
to the Commissary of Musters certificates signed by himself,
signifying how long such officers, non-commissioned
officers, and soldiers, who shall not appear at the said
muster, have been absent, and the reason of their absence;
which reasons, and the time of absence, shall be inserted
in the muster rolls opposite to the respective names of
such absentees: the said certificates shall, together with
the muster rolls, be by the said Commissary transmitted
to the General, and to this or any future Congress of the
United Colonies, or Committee appointed thereby, within
twenty days next after such master being taken; on failure
whereof the Commissary so offending, shall be discharged
from the service.
Art. 58. Every officer who shall be convicted before a
general court martial of having signed a false certificate,
relating to the absence of either officer, non-commissioned
officer or private soldier, shall be cashiered.
Art. 59. Every officer who shall knowingly make a
false muster of man or horse, and every officer or Commissary,
who shall willingly sign, direct or allow the
signing of the muster rolls, wherein such false muster is
contained, shall, upon proof made thereof, by two witnesses,
before a general court-martial, be cashiered, and
moreover forfeit all such pay as may be due to him at
the time of conviction for such offence.
Art. 60. Any Commissary who shall be convicted of
having taken any gift or gratuity on the mustering any
regiment, troop or company, or on the signing the muster
rolls, shall be displaced from his office, and forfeit his
pay, as in the preceding article.
Art. 61. Any officer who shall presume to muster any
person as a soldier, who is at other times accustomed to
wear a livery, or who does not actually do his duty as a
soldier, shall be deemed guilty of having made a false
muster, and shall suffer accordingly.
Art. 62. Every officer who shall knowingly make a
false return to the Commander-in-Chief of the American
forces, or to any his superior officer, authorized to call for
such returns, of the state of the regiment, troop, independent
company or garrison, under his command, or of
arms, ammunition, clothing or other stores thereunto belonging,
shall, by a court-martial, be cashiered.
Art. 63. The commanding officer of every regiment,
troop, independent company or garrison, in the service
aforesaid, shall, in the beginning of every month remit
to the Commander-in-Chief of said forces an exact return
of the state of the regiment, troop, independent company,
or garrison under his command, specifying the names of
the officers not then residing at their posts, and the reason
for, and time of their absence: Whoever shall be
convicted of having, through neglect or design, omitted
the sending such returns, shall be punished according to
the nature of his crime, by the judgment of a general
court-martial.
Art. 64. No suttler shall be permitted to sell any kind
of liquors or victuals, or to keep their houses or shops
open, for the entertainment of soldiers, after nine at
night, or before the beating of the reveilles, or upon
Sundays, during divine service or sermon, on the penalty
of being dismissed from all future suttling.
Art. 65. All officers commanding in the camp, or in
any forts, barracks, or garrisons, are hereby required to
see that the persons permitted to suttle, shall supply the
soldiers with good and wholesome provisions at a reasonable
price, as they shall be answerable for their neglect.
Art. 66. No officers commanding in any camp, garrisons,
forts, or barracks, shall either themselves exact exorbitant
prices for houses or stalls, let out to suttlers, or
shall connive at the like exactions in others, nor lay any
duty or impositions upon, or be interested in the sale of
such victuals, liquors, or other neccessaries of life, which
are brought into the camp, garrison, fort or barracks, for
the use of the soldiers, on the penalty of being discharged
from the service.
Art. 67. That the General, or Commander-in-chief, for
the time being, shall have full power of pardoning, or
mitigating any of the punishments ordered to be inflcted,
for any of the offences mentioned in the foregoing articles;
and every offender convicted as aforesaid, by any
regimental court-martial, may be pardoned, or have his
punishment mitigated by the Colonel or officer commanding
tlie regiment.
Art. 68. When any commissioned officers shall happen
to die or be killed in the service of the United Colonies,
the Major of the regiment, or the officer doing the Major's
duty in his absence, shall immediately secure all his
effects or equipage then in camp or quarters; and shall,
before the next regimental court-martial, make an inventory
thereof, and forthwith transmit to the office of the
Secretary of the Congress, or Assembly of the Province
in which the corps is stationed, or shall happen to be at
the time of the death of such officer; to the end, that his
executors may, after payment of his debts in quarters,
and interment, receive the overplus, if any be, to his or
their use.
Art. 69. When any non-commissioned officer, or private
soldier, shall happen to die or be killed in the
service of the United Colonies, the then commanding
officer of the troop or company shall, in the presence of
two other commissioned officers, take an account of whatever
effects he dies possessed of, and transmit the same,
as in the case above provided for, in order that the same
may be secured for, and paid to their respective representatives.
In Congress, November 7, 1775.
Resolved, That the following additions and alterations
or amendments, be made in the Rules and Regulations
of the Continental army, viz.:
1. All persons convicted of holding a treacherous correspondence
with, or giving intelligence to the enemy,
shall suffer death, or such other punishment as a general
court-martial shall think proper.
2 All commissioned officers found guilty by a general
court-martial of any fraud or embezzlement, shall forfeit
all his pay, be ipso facto cashiered, and deemed unfit for
further service as an officer.
3. All non-commissioned officers and soldiers convicted
before a regimental court-martial of stealing, embezzling
or destroying ammunition, provisions, tools, or anything
belonging to the public stores, if a non-commissioned
officer, to be reduced to the ranks, and punished with
whipping, not less than fifteen, nor more than thirty-nine
lashes, at the discretion of the court-martial; if a private
soldier, with the same corporal punishment.
4. In all cases where a commissioned officer is cashiered
for cowardice or fraud, it be added in the punishment
that the crime, name, place of abode, and punishment
of the delinquent be published in the newspapers,
in and about the camp, and of that Colony from which
the offender came or usually resides; after which it shall
be deemed scandalous in any officer to associate with
him.
5. Any officer or soldier who shall begin, excite, cause,
or join in any mutiny or sedition in the regiment, troop
or company to which he belongs, or in any other regiment
troop or company of the Continental forces, either
by land or sea, or in any party, post, detachment or
guard, on any pretence whatsoever, shall suffer death or
such other punishment as a general court-martial shall
direct.
6. Any officer or soldier who shall desert to the enemy,
and afterwards be taken, shall suffer death or such other
punishment as a general court-martial shall direct.
7. Whatsoever commissioned officer shall be found
drunk on his guard, party or other duty, under arms,
shall be cashiered and drummed out of the army with
infamy; any non-commissioned officer or soldier, so
offending, shall be sentenced to be whipt, not less than
twenty nor more than thirty-nine lashes, according to
the nature of the offence.
8. Whatsoever officer or soldier, placed as sentinel,
shall be found sleeping upon his post, or shall leave it
before he shall be regularly relieved, if a commissioned
officer, shall be cashiered and drummed out of the army
with infamy; if a non-commissioned officer or soldier,
shall be sentenced to be whipped, not less than twenty
nor more than thirty-nine lashes, according to the nature
of the offence.
9. No officer or soldier shall lie out his quarters or
camp, without leave from the commanding officer of the
regiment, upon penalty, if an officer, of being mulcted
one month's pay for the first offence, and cashiered for
the second; if a non-commissioned officer or soldier, of
being confined seven days on bread and water for the
first offence, and the same punishment and a forfeiture
of a week's pay for the second.
10. Whatsoever officer or soldier shall misbehave himself
before the enemy, or shamefully abandon any post
committed to his charge, or shall speak words, inducing
others to do the like, shall suffer death.
11 All public stores taken in the enemy's camp or
magazines, whether of artillery, ammunition, clothing or
provisions, shall be secured for the use of the United
Colonies. And all commissioned officers found guilty,
by a general court-martial, of embezzling the same, or
any of them, shall forfeit all his pay, be ipso facto cashiered,
and be deemed unfit for farther service as an officer.
And all non-commissioned officers and soldiers,
convicted before a regimental court-martial of stealing
or embezzling the same, if a non-commissioned officer,
shall be reduced to the ranks and punished with whipping
not less than fifteen nor more than thirty-nine
lashes, at the discretion of the court-martial; if a private
soldier, with the same punishment.
12. If any officer or soldier shall leave his post or
colours, in time of an engagement, to go in search of
plunder, he shall if a commissioned officer, be cashiered
and drummed out of the army with infamy, and forfeit
all share of plunder; if a non-commissioned officer or
soldier, be whipped, not less than twenty nor more than
thirty-nine lashes, according to the nature of the offence,
and forfeit all share of plunder taken from the enemy.
13. Every officer commanding a regiment, troop or
company, shall, upon notice given to him by the commissary
of the musters, or from one of his Deputies,
assemble the regiment, troop or company under his command,
in the next convenient place for their being mustered,
on penalty of his being cashiered, and mulcted of
his pay.
14. At every muster, the commanding officer of each
regiment, troop or company, there present, shall give to
the commissary of musters certificates, signed by himself,
signifying how long such officers, non-commissioned officers
and soldiers, who shall not appear at the said muster,
have been absent, and the reason of their absence;
which reasons, and the time of absence, shall be inserted
in the muster rolls, opposite to the names of such absentees;
and the surgeons or their mates shall, at the
same time, give to the commissary of musters a certificate
signed by them, signifying the state of health or
sickness of those under their care, and the said certificates
shall, together with the muster rolls, be, by the said commissary,
transmitted to the General, and to this or any
future Congress of the United Colonies or Committee appointed
thereby, within twenty days next after such
muster being taken, on failure whereof the commissary,
so offending, shall be discharged from the service.
15. Every officer who shall be convicted, before a
general court-martial, of having signed a false certificate
relating to the absence of either officer, non-commissioned
officer or private soldier; and every surgeon or
mate convicted of signing a false certificate, relating to
the health or sickness of those under his care, shall be
cashiered.
16. All officers and soldiers who shall wilfully or
through negligence, disobey any general or special
orders, shall be punished at the discretion of a regimental
court-martial, where the offence is against a
regimental order, and at the discretion of a general
court-martial, where the offence is against an order given
from the Commander-in-chief, or the commanding officer
of any detachment or post, and such general court-martial
can be had.
By order of the Congress,
John Hancock,
President.
A true copy from the Minutes,
Charles Thompson,
Secretary,
New Jersey Assembly.
—————
At a sitting began at Burlington, Wednesday, November
15, 1775, and continued until the 6th day of December
following, being the second sitting of the Fourth
Session of the Twenty-second Assembly of New Jersey.
NAMES OF THE REPRESENTATIVES.
City of Perth Amboy — Cortland Skinner, Speaker, John
Combs.
Middlesex — John Wetherill, Azariah Dunham.
Monmouth — Edward Taylor, Richard Lawrence.
Essex — Stephen Crane, Henry Garritse.
Somerset — Hendrick Fisher, John Roy.
Bergen — Theunis Dey, John Demarest.
Morris — Jacob Ford, William Winds.
City of Burlington — James Kinsey, Thomas P. Hewlings.
County of Burlington — Henry Paxson, Anthony Sykes.
Gloucester — John Hinchman, Robert F. Price.
Salem — Grant Gibbon, Benjamin F. Holme.
Cape May — Jonathan Hand, Eli Eldridge.
Hunterdon — Samuel Tucker, John Mehelm.
Cumberland — John Shepperd, Theophilus Elmer.
Sussex — Nathaniel Pettit, Joseph Barton.
Burlington, Wednesday, November 15, 1775.
Pursuant to his Excellency's several prorogations of
the General Assembly from time to time till this day,
several Members met, and, for want of a sufficient number
to make a House for business, adjourned till to-morrow
morning, ten o'clock.
Thursday, November 16, 1775.
The House met, and, for want of a sufficient number
of Members to make a House, adjourned to three, P. M.
The House met.
Ordered, That Mr. Fisher and Mr. Paxson do wait on
his Excellency, and acquaint him that a sufficient number
of Members to proceed to business are met, and ready
to receive anything he may please to lay before them.
Mr. Deputy Secretary laid before the House the several
prorogations of the House since last session, which were
read.
Mr. Fisher reported that Mr. Paxson and himself waited
upon the Governour, according to order, who was pleased
to say the House should hear from him presently.
A Message from the Governour, by Mr. Deputy Secretary
Pettit:
Mr. Speaker:— His Excellency is in the Council
Chamber, and requires the immediate attendance of the
House.
Whereupon, Mr. Speaker quitted the chair, and, with
the House, went to wait upon the Governour; and being
returned, Mr. Speaker resumed the chair, and reported
that the House had waited on the Governour, who was
pleased to make a Speech to the Council and this House,
of which Mr. Speaker said he had, to prevent mistakes,
obtained a copy. And the same, by order of the House,
was read, and is as follows, viz.:
Gentlemen of the Council, and Gentlemen of the Assembly:
I have called this meeting that you might have an
opportunity of transacting such business as the publick
exigencies of the Province require.
Having lately said so much to you concerning the
present unhappy situation of publick affairs, and the
destructive measures which have been adopted in the
Colonies, under the pretence of necessity; and as I do not
yet see that the urging any more arguments on that head
has a chance of producing any good effect, I shall not
endanger the harmony of the present session by a further
discussion of the subject.
It is necessary, however, that you should be informed,
"that his Majesty laments to find his subjects in America
so lost to their true interests as neither to accept the
Resolution of the House of Commons of the 20th of February,
nor make it the basis of a negotiation, when, in
all probability, it would have led to some plan of accommodation;
and that, as they have preferred engaging in
a rebellion which menaces to overthrow the Constitution,
it becomes His Majesty's duty, and is his firm resolution,
that the most vigorous efforts should be made,
both by sea and land, to reduce his rebellious subjects to
obedience. But it is hoped that, unfavourable as the
prospects are at present, the time will come when men of
sense and friends to peace and good order will see the
fatal consequences of the delusions which have led to the
measures the people of America are now pursuing, and
that we may yet see the publick tranquility re-established,
on the ground of the terms held out by His Majesty and
the Parliament."
It is likewise proper that you should know "that the
Commanders of His Majesty's Squadrons in America
have orders to proceed, as in the case of a Town in
actual rebellion, against such of the seaport Towns and
places, being accessible to the King's Ships, as shall offer
any violence to the King's Officers, or in which any
Troops shall be raised or military works erected, other
than by His Majesty's authority, or any attempts made
to seize or plunder any publick magazine of Arms or
Ammunition."
Although the King's Officers in this Province have not
as yet, except in one or two instances, met with any insults
or improper treatment from any of the inhabitants,
yet such has been the general infatuation and disorder
of the times, that had I followed the judgment and advice
of some of my best friends, I should ere this have sought
(as other of the King's Governours have done) an asylum
on board of one of His Majesty's Ships; but as I am conscious
that I have the true interest and welfare of the
people at heart, (though I am so unhappy as to differ
widely in opinion with their Representatives, respecting
the best means of serving them in the present crisis,) I
shall continue my confidence in that affection and regard
which I have on so many occasions experienced from all
ranks, during my residence in this Colony. I have indeed
the stronger inducement to run this risk, and to use
my influence with the other Crown Officers to do the
same, because our retreat would necessarily be attributed
to either the effect or well grounded apprehension of violence,
and of course subject the Colony to be more immediately
considered as in actual rebellion, and be productive
of mischiefs which it is my earnest inclination and determination
to prevent, as far as may be in my power. Let
me therefore, gentlemen, entreat you to exert your influence
likewise with the people, that they may not. by any
action of theirs, give cause for the bringing such calamities
on the Province. No advantage can possibly result
from the seizing, confinement, or ill treatment of Officers,
adequate to the certain damage such acts of violence
must occasion the Province to suffer.
However, gentlemen, if you should be of a different
opinion, and will not or cannot answer for our safety, all
I ask is, that you will tell me so in such plain, open
language as cannot be misunderstood; for as sentiments
of independency are, by some men of present consequence,
openly avowed, and essays are already appearing
in the publick papers to ridicule the people's fears of
that horrid measure, and remove their aversion to Republican
Government, it is high time that every man
should know what he has to expect. If, as I hope, you
have an abhorrence of such design, you will do your
Country an essential service by declaring it in so full
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 Government; and I shall deem it a particular
happiness to have an opportunity of being instrumental
in saving this Province from the present impending
danger.
William Franklin.
Council Chamber, November 16, 1775.
Ordered, That his Excellency's Speech be read a second
time.
The House adjourned till ten o'clock to-morrow morning.
Friday, November 17, 1775.
The House met.
Mr. Crane had leave of absence on special occasion.
Mr. Speaker laid before the House a Letter to him
from Richard Penn and Arthur Lee, Esqs.; which was
read, and the same is as follows, viz.:
London, September 2, 1775.
"Honourable Sir:— On the 21st of last month we
sent to the Secretary of State for America a copy of the
petition from the General Congress, and yesterday, the
first moment that was permitted us, we presented to him
the original, which his Lordship promised to deliver to
His Majesty. We thought it our duty to press his Lordship
to obtain an answer, but we were told that, as His
Majesty did not receive it on the throne, no answer
would be given.
"We have the honour of being, honourable Sir, your
most faithful and obedient servants,
"Richard Penn,
"Arthur Lee.
" To the Honourable the Speaker of the Assembly of
New Jersey."
Mr. Kinsey and Mr. De Hart, two of the Delegates
appointed by this House to attend the Continental Congress,
applied to the House for leave to resign their said
appointments, alleging that they are so particularly circumstanced
as to render their attendance exceedingly
inconvenient to their private affairs.
Resolved, That the House will take this matter into
consideration.
The House adjourned till three, P. M.
The House met.
Several Members of this House being absent, whereby
the publick business has been greatly retarded,
Ordered, That the Sergeant-at-Arms do give notice
forthwith to Benjamin Holme, Robert F. Price, John
Combs, John Wetherill, Azariah Dunham, and William
Winds, Esqs., to attend their service here immediately.
Mr. Mehelm had leave to be absent on Monday next,
upon special business.
The House adjourned till nine o'clock to-morrow
morning.
Saturday, November 18, 1775.
The House met, and adjourned till Monday morning,
ten o'clock.
Monday, November 20, 1775.
The House met, and adjourned till three, P. M.
The House met.
Mr. Combs and Mr. Winds appeared, and assigned
to the House satisfactory reasons for their non-appearance.
A Petition was presented to the House, from fifty-two
Inhabitants of the Township of Chesterfield, in the
County of Burlington, setting forth their abhorrence of
personal Slavery, and praying the Legislature to take
the matter into their most serious consideration, and
pass an Act to set free all the Slaves now in the Colony;
which Petition was read, and ordered a second reading.
His Excellency's Speech was read the second time, and
committed to a Committee of the Whole House.
The House adjourned till nine o'clock to-morrow
morning.
Tuesday, November 21, 1775.
The House met.
A Petition was presented to the House, from divers Inhabitants
of the County of Burlington, praying for reasons
therein set forth, that young men living with their
parents may be taxed; the same was read, and ordered a
second reading.
The House, according to order, resolved itself into a
Committee of the Whole House on his Excellency's
Speech; and after some time spent therein, Mr. Speaker
resumed the chair, and Mr. Fisher, Chairman of the
Committee, reported that the Committee had gone
through the Speech, and had come to sundry Resolutions,
which he was ready to report whenever the House
will please to receive the same.
Ordered, That the Report be made immediately; whereupon
Mr. Fisher reported the Resolutions of the Committee,
as follow, viz.:
1. Resolved, That an humble Address be presented to
his Excellency, in answer to his Speech.
To which the House agreed.
2. Resolved, That the Government of this Colony be
honourably supported from the 1st day of October, 1775,
to the 1st day of October, 1776.
To which the House agreed.
Ordered, That Mr. Fisher, Mr. Lawrence, Mr. Kinsey,
and Mr. Gibbon, be a Committee to prepare and bring in
the draught of an Address to his Excellency in answer
to his Speech.
Ordered, That Mr. Hinchman, Mr. Tucker, Mr. Shepperd,
Mr. Deraarest, and Mr. Sykes, be a Committee to
prepare and bring in a Bill for support of Government.
The House adjourned till three P. M.
The House met.
Ordered, That Mr. Elmer, Mr. Mehelm, and Mr. Ford,
be a Committee to bring in a Bill to authorize the Justices
and Freeholders of the several Counties to pay all persons
lieretofore appointed to number the Inhabitants of the
Colony.
The House adjourned till nine o'clock, to-morrow
morning.
Wednesday, November 22, 1775.
The House met.
The House took into consideration the request of James
Kinsey, and John DeHart, Esqs., two of the Delegates
appointed by this House to attend the Continental Congress,
for leave to resign their said appointments.
Resolved, That the reasons given by those gentlemen
for their resignation appear to the House to be satisfactory,
and that their resignation be therefore accepted;
thereupon,
Resolved, That the three remaining Delegates, or any
two of them, represent the Colony during the present
Continental Congress.
On the question whether the House agrees to this last
Resolve or not, it passed in the affirmative, as follows,
viz.:
Yeas—
Mr. Combs,
Taylor,
Lawrence,
Garritse,
Fisher,
Roy,
Dey,
|
Demarest,
Ford,
Winds,
Kinsey,
Hewlings,
Sykes,
Gibbon
|
Holme,
Hand,
Tucker,
Mehelm,
Shepperd,
Elmer,
Barton.
|
Nays—
Resolved, That it is the opinion of, and this House do advise, that the present Committee of Correspondence may draw any part of the sum of one thousand Pounds, made subject to their order by an Act passed in 1773, not exceeding two hundred Pounds, to pay the further expenses of the Delegates appointed by this House to attend the Continental Congress, and that this House will allow
thereof.
On motion made,
Ordered, That Mr. Taylor, Mr. Lawrence, and Mr.
Combs, be a Committee to prepare and bring in a Bill to
enable the Justices and Freeholders of Monmouth to
elect Loan Officers.
A Message from his Excellency, by Mr. Deputy Secretary
Pettit.
A MESSAGE TO THE ASSEMBLY.
Gentlemen:— As I understand that there is now a sufficient
number of members met to proceed on business of
every kind proper for your consideration, I am to lay
before you a requisition from His Majesty. It is contained
in a letter which I lately had the honour of
receiving from the Right Honourable the Earl of Dartmouth,
one of His Majesty's principal Secretaries of
State. His Lordship writes thus:
"I enclose an order of His Majesty in Council, approving
an act for striking one hundred thousand Pounds in
bills of credit, and directing the modes for sinking the
same."
"The very great attention which has been shown to
the wishes of the Province, in the allowance of the loan
act, is an evidence of His Majesty's gracious inclination
to grant them every indulgence that can consist with the
true principles of commerce and the Constitution; and I
beg leave to assure you that no part of my duty is more
agreeable to me than carrying into execution these gracious
intentions of my royal master."
"At the same time, I am commanded by the King to
say to you that it would have been more agreeable 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 civil officers of Government,
of salaries more suitable to their respective
offices than what they now receive; and to appropriate a
specifick portion of the said interest to building houses
for the residence of the Governour 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."
I shall not, gentlemen, so far hazard, the giving you
offence as to suppose that any arguments can be requisite
to persuade you to a compliance with His Majesty's desire
and expectations in this respect; more especially as
the mode for raising the money does not require any tax
to be laid on the inhabitants of the Province, and will, if
adopted, most probably be the means of establishing a
precedent that may render all taxes for the future support
of Government unnecessary. You must likewise be
fully sensible, that as the King has manifested such confidence
in the legal representatives of the people, it cannot
but be their interest as well as duty, particularly at
this time, to convince him that that confidence is not
misplaced. Besides, such repeated declarations have
been made to His Majesty, that he might always have
the firmest reliance on the compliance of his subjects in
this Colony with every reasonable requisition in their
power; and this being so evidently of that nature, I cannot
entertain a doubt of your being happy in having so
good an opportunity of demonstrating that you mean
your actions should ever correspond with your professions.
Wm. Franklin.
Burlington, November 21, 1775.
Which was read, and ordered a second reading.
The House adjourned till three, P. M.
The House met.
The House adjourned till nine o'clock to-morrow
morning.
Thursday, November 23, 1775.
The House met.
A Petition was presented to the House, from thirty-two
Freeholders of the County of Burlington, praying the
House to enter into such Resolves as may discourage an
Independency on Great Britain, and that they will also
support the civil Government, as heretofore, viz:
PETITION TO THE HOUSE OF REPRESENTATIVES.
"The Petition of divers Freeholders of the County of
Burlington respectfully sheweth:
"That your Petitioners are deeply impressed with a
sense of the calamitous state of publick affairs, in the
unhappy contest which at present subsists between Great
Britain and her Colonies. That they sincerely lament
that either Country should dwell so much on their own
dignity or importance as to delay, for one moment, to
make such reasonable propositions as should lead to a
happy reconciliation of the present differences. That
your Petitioners are greatly alarmed at the sentiments of
independency which are openly avowed by too many
people at this time; your Petitioners conceiving that,
should such an event take place, the consequence would
be the destruction of the interests of the whole British
Empire, and a perpetual bar to every door of peace and
reconciliation between the Parent State and the Colonies.
That your Petitioners conceive that the expenses of the
opposition, against the oppressive measures of the British
Ministry and Parliament, will fall most heavy on the
landed interest, being the only permanent estate; and
that your Petitioners, as a part of that interest, have an
undoubted right to be heard, and their reasonable requests
considered, with that attention which their situation
particularly merits.
"That, in the opinion of your Petitioners, an effectual
opposition may be made against the measures now pursuing
by the Ministry and Parliament of Great Britain,
without changing the constitutional form of Government,
in the British Empire established; and that your
Petitioners have not the least desire that the union of the
Colonies, in that opposition, should be broken, which
they think the establishment of an independency would
effect. That as the King has objected to the receiving of
the Petition of the Congress, (as we suppose) because it
did not come ihrough the accustomed and constitutional
channel, with due submission to the honourable House,
it is the sense of your Petitioners that that mode ought
to be tried, and the reasons why we cannot accede to the
proposition of the House of Commons, on the 20th day
of February last, should modestly be set forth; at the
same time declaring our desire of a perpetual union, and
our willingness to contribute our just proportion to the
support of the whole Empire, according to the utmost of
our ability, whenever constitutionally required so to do.
Your Petitioners therefore pray that your honourable
House will take into consideration the subject matter of
this Petition, and make such resolves as may discourage
an independency, should such a measure be attempted,
and also make such provision for the support of the civil
Government of this Colony as heretofore; your Petitioners
hereby making their solemn protest against the
change of the form of Government, as by law established,
and declaring that it is not, nor never was their intention
to vest any Congress or body of men whatsoever with
that power.
John Monrow,
Ch. Ph. Hughes,
Thomas Shinn,
Aaron Smith,
William Budd,
Mahlon Gaskill,
Aquila Shinn,
Thomas Paxson,
Joseph Mullen,
Joseph Weaver,
William Norton,
Joseph Butterworth,
Josiah White,
Francis Vinecomb,
George West,
Aaron Wills,
|
Aaron Barton,
Samuel Clark,
Jacob Parker,
John Powell,
Thomas Lee,
Aaron Atkinson,
Jabez Woolston,
Joseph Burr, Jun.,
John Comfort,
William West,
Thomas Hunloke,
Hosea Eyre,
Henry Burr,
Samuel Swain,
Daniel Shields,
Thomas Budd, Jun.
|
Which was read, and ordered a second reading.
Mr. Ford, from the Committee on that service, brought
in a Bill entitled "An Act to authorize the Board of Justices
and Freeholders of the several Counties in the Colony
of New Jersey to defray the expense of taking lists of the
Inhabitants," which was read the second time.
Ordered, That Mr. Kinsey, Mr. Crane, Mr. Fisher, and
Mr. Paxson, be a Committee to prepare and bring in the
draught of Answer to the said Message.
On a motion made, that the several Barracks in this
Colony are in such decay that unless repaired they will
be in ruins, and that a Resolve may pass, that this House
will make provision, during this session, for repairing
the same, the question was taken, whether the House
will enter into such resolution or not. It passed in the
negative, viz.:
Yeas—
Mr. Crane,
Fisher,
Roy,
Ford,
|
Winds,
Kinsey,
Hinchman,
Holme,
|
Tucker,
Mehelm,
Elmer,
Barton.
|
Nays—
Mr. Combs,
Taylor,
Lawrence,
Garritse,
Dey,
|
Demarest,
Hewlings,
Paxson,
Sykes,
|
Gibbon,
Hand,
Eldridge,
Shepperd,
|
The House took into consideration the several Petitions referred from last session, for and against a Bill for the more easy manumission of Slaves; the Bill being read, after some time spent in debate thereon, the question was put, whether the Bill shall be committed or not. It passed in the negative, as follows, viz.:
Yeas—
Mr. Lawrence,
Kinsey,
Hewlings,
Paxson,
|
Sykes,
Hinchman,
Gibbon,
Tucker,
|
Mehelm,
Shepperd,
Elmer.
|
Nays—
Mr. Combs,
Taylor,
Crane,
Garritse,
Fisher,
|
Roy,
Dey,
Demarest,
Ford,
Winds,
|
Holme,
Hand,
Edlridge,
Barton,
|
Thereupon, upon the question,
Resolved, That the said Bill be referred to the next session of Assembly.
Yeas—
Mr. Lawrence,
Fisher,
Roy,
Ford,
Kinsey,
|
Hewlings,
Paxson,
Sykes,
Hinchman,
Shepperd,
|
Gibbon,
Holme,
Tucker,
Mehelm.
Elmer.
|
Nats—
Mr. Combs,
Taylor,
Crane,
Garritse,
|
Dey,
Demarest,
Winds,
|
Hand,
Eldridge,
Barton,
|
The House adjourned till three P.M.
The House met.
Mr. Fisher, from the Committee appointed to bring in the draught of an Address to his Excellency, produced a draught accordingly; which was read, and ordered to be read a second time.
The House adjourned till nine o'clock to-morrow morning.
Friday, November 24, 1775.
The House met.
Mr. Crane had leave of absence till Monday afternoon next.
Resolved, That Mr. Dennis DeBerdt, Esq., be, and he is
hereby appointed Agent of this Colony at the Court of
Great Britain, in the room of Benjamin Franklin, Esq.
The Address to his Excellency was read the second
time, and committed to a Committee of the Whole House.
The House accordingly resolved itself into a Committee
of the Whole House on the Address; and after some
time spent therein, Mr. Speaker resumed the Chair, and
Mr. Fisher, Chairman of the Committee, reported, that
the Committee had made some progress in the matter to
them referred, and desired leave to sit again.
Ordered, That the said Committee do sit again.
The House adjourned till three P. M.
The House met.
Mr. Taylor, from the Committee appointed for the
purpose, brought in a Bill entitled "A supplementary
Act to the Act entitled 'An Act for striking One Hundred
Thousand Pounds in Bills of Credit, and directing
the mode for sinking the same;'" which was read, and
ordered a second reading.
A Petition was presented to the House from thirty-four
Freeholders of the County of Burlington, praying the
House to enter into such resolves as may discourage an
Independency on Great Britain and to support the civil
Government as heretofore; which was read, and ordered
a second reading.
The House adjourned till nine o'clock to-morrow
morning.
Saturday, November 25, 1775
.
The House met.
The House again, according to order, resolved itself
into a Committee of the Whole House, on the Address to
his Excellency; and after some time spent therein, Mr.
Speaker resumed the Chair, and Mr. Fisher, Chairman
of the Committee, reported, that the Committee had gone
through the Address, and had made sundry amendments
to the same, which, by order of the House, be reported,
and the same being read, and further amended in the
House, the further consideration thereof was referred till
the afternoon.
The House adjourned till three, P. M.
The House met.
Mr. Hinchman had leave of absence till Monday noon
next.
A Petition was presented to the House, from nineteen
Freeholders of the City of Burlington and parts adjacent,
praying the House to enter into such Resolves as may
discourage an Independency on Great Britain, and that
they will also support the civil Government, as usual;
which was read, and ordered a second reading.
The House resumed the consideration of the Address,
with the amendments; and, after some time spent therein,
the said Address, as amended, was agreed to, and ordered
to be engrossed.
Yeas—
Mr. Combs,
Demarest,
Holme,
Taylor,
Ford,
Eldridge,
Lawrence,
|
Winds,
Tucker,
Garritse,
Hewlings,
Mehelm,
Fisher,
Sykes,
|
Sheppard,
Roy,
Gibbon,
Elmer,
Dey,
Hand,
Barton.
|
Nay—
The House adjurned till Monday morning, nine o'clock.
Monday, November 27, 1775
The House met.
The Bill entitled "A suppleentary Act to the Act entitled 'An Act for striking One Hundred Thousand Pounds in Bills of Credit, and directing the mode for sinking the same,'" was read the second time, amended in the House, agreed to, and ordered to be engrossed..
The Bill entitled "An Act to authorize the Board of
Justices and Freeholders of the several Counties in the
Colony of New Jersey to defray the expense of taking
Lists of the Inhabitants," was read the second time,
amended in the House, and upon the question, agreed to,
and ordered to be engrossed.
A Petition was presented to the House, from forty-eight
Freeholders of the County of Burlington, praying the
House to enter into such resolves as may discourage an
Independency on Great Britain, and that they will support
the civil Government as heretofore; which was read
and ordered a second reading.
Ordered, That the Sergeant-at-Arms do summon the
signers of a Petition from the City of Burlington, presented
to the House on Saturday last, to attend the House
at four o'clock this afternoon.
Mr. Tucker, from the Committee appointed to that
service, brought in a Bill entitled "An Act for the support
of Government of His Majesty's Colony of New
Jersey, to commence the first day of October, one thousand
seven hundred and seventy-five, and to end the first
day of October, one thousand seven hundred and seventy-six;
and to discharge the publick debts, and contingent
charges thereof," which was read, and ordered a second
reading.
The House adjourned till three, P. M.
The House met.
The engrossed Bill entitled "An Act to authorize the
Board of Justices and Freeholders of the several Counties
in the Colony of New Jersey to defray the expense of
taking Lists of the Inhabitants," was read and compared.
On the question, Resolved, That the same do pass:
Yeas—
Mr. Lawrence,
Winds,
Holme,
Fisher,
Hewlings,
|
Elmer,
Roy,
Paxson,
Tucker,
Demarest,
|
Hinchman,
Mehelm,
Ford,
Gibbon,
Barton.
|
Nays—
Mr. Combs,
Dey,
Hand,
|
Taylor,
Sykes,
Eldridge,
|
Garritse,
Kinsey,
Shepperd.
|
Ordered, That Mr. Hewlings do carry the said Bill to the
Council for concurrence.
Mr. Hewlings reported, that Mr. Gibbon and himself
delivered the Bill, with them intrusted, to Mr. Hopkinson,
one of the gentlemen of the Council, the Council not
then sitting.
According to order, the Petitioners from the City of
Burlington attended, and being called in, and heard.
Ordered, That the consideration thereof be deferred till
to-morrow morning.
The House adjourned till nine o'clock, to-morrow
morning.
Tuesday, November 28, 1775.
The House met.
The engrossed Bill entitled "A supplementary Act to
the Act entitled 'An Act for striking One Hundred
Thousand Pounds, in Bills of Credit, and directing the
mode for sinking the same,'" was read and compared;
on the question.
Resolved, That the same do pass,
Ordered, That Mr. Lawrence and Mr. Combs do carry
the said Bill to the Council for concurrence.
The House was moved, that a Committee be appointed
to prepare the draught of a Petition to His Majesty,
humbly beseeching him to use his interposition to prevent
the effusion of blood; and to express the great
desire this House hath to a restoration of peace and harmony
with the Parent State, on constitutional principles.
Ordered, That Mr. Fisher, Mr. Kinsey, Mr. Paxson, Mr.
Tucker, Mr. Lawrence, and Mr. Gibbon, be a Committee
to prepare and bring in the draught of a Petition accordingly.
Mr. Winds had leave of absence for the remainder of
the session, upon extraordinary occasions.
The House took into consideration the inquiry had
yesterday, touching the Petitions presented to this
House; and it appearing from the Petitioners of the
City of Burlington, who were called in and heard, that
they signed the same from reports that some men affected
independency, and being alarmed at such sentiments,
they were induced to present the Petition, hoping that
the House would discourage such sentiments by their
Resolutions; whereupon, the several Petitions being read
the second time,
1. Resolved, That reports of Independency, in the apprehension
of this House, are groundless.
2. Resolved, That it be recommended to the Delegates
of the Colony to use their utmost endeavours for the
obtaining a redress of American grievances, and for restoring
the union between the Colonies and Great Britain,
upon constitutional principles.
3. Resolved, That the said Delegates be directed not to
give their assent to, but utterly to reject any propositions,
if such should be made, that may separate this Colony
from the Mother Country, or change tlie form of Government
thereof.
The House also taking into consideration the conduct
of Mr. Richard Smith, late of Philadelphia, merchant,
upon the hearing had yesterday.
Ordered, That the Sergeant-at-Arms do bring the said
Richard Smith before this House, at four o'clock this
afternoon, to answer for the insult offered by him to the
House during the said hearing.
Ordered, That Mr. Tucker, Mr. Taylor, Mr. Shepperd,
Mr. Hewlings and Mr. Gibbon, or any three of them, be
a Committee to settle all publick Accounts that may
come before the House this session.
The House adjourned till three P. M.
The House met.
Mr. Richard Smith attending, pursuant to the order of
the forenoon, and being examined as to the words spoken
by him of the member, informed the House that he
neither intended any offence or insult to the House or
any member of it, and that he is sorry any member of
this House should take it as an insult upon him; with
which this House being satisfied, and being of opinion
that it appears Mr. Smith really misapprehended the
words of the member, and that the same member is not
justly chargeable with such opinions, do discharge Mr.
Smith from any further attendance on the House.
The House adjourned till nine o'clock to-morrow morning.
Wednesday, November 29, 1775.
The House met.
The engrossed Address to his Excellency was read and
compared ; on the question,
Ordered, That Mr. Speaker do sign the same.
Ordered, That Mr. Tucker and Mr. Elmer do wait upon
the Governour, and desire to know when his Excellency
will be attended by the House with their Address.
The Bill for the support of Government was read the
second time, and committed to a Committee of the Whole
House,
The House resolved itself into a Committee of the
Whole House, on the Bill for support of Government;
and after some time spent therein, Mr. Speaker resumed
the Chair, and Mr. Fisher, Chairman of the Committee,
reported, that the Committee had made some progress in
the matters to them referred, and desired leave to sit
again; to which the House agreed.
The House adjourned till three, P. M.
The House met.
A Message from the Council, by Mr. Stockton, acquainting
the House that the Council had passed the Bill
entitled "An Act to authorize the Board of Justices and
Freeholders of the several Counties in the Colony of New
Jersey to defray the expense of taking Lists of the Inhabitants."
The House again, according to order, resolved itself
into a Committee of the Whole House, on the Bill for
support of Government; and after some time spent
therein, Mr. Speaker resumed the Chair, and Mr. Fisher,
Chairman of the Committee, reported, that the Committee
had gone through the matters to them referred, and
had come to several Resolutions, which he was ready to
report whenever the House will please to receive the
same.
Ordered, That the Report be made immediately.
Whereupon, Mr. Fisher reported the Resolutions of
the Committee, as follows, viz.:
1. Resolved, That in and by the said Bill, when passed
into a law, there be paid to his Excellency William
Franklin, Esq., Governour of this Colony, at the rate of
twelve hundred Pounds per annum, Proclamation Money,
to commence the first day of October last.
And on the question, whether the House agrees to the
said sum or not, it passed in the affirmative, as follows:
Yeas—
Mr. Crane,
Ford,
Eldridge,
Garritse,
Kinsey,
Tucker,
|
Fisher,
Hewlings,
Mehelm,
Roy,
Hinchman,
Shepperd,
|
Dey,
Gibbon,
Elmer,
Demarest,
Holme,
Barton.
|
Nays—
Mr. Combs,
Lawrence,
|
Hand,
Taylor,
|
Sykes,
|
who voted for one thousand Pounds.
2. To David Ogden, Esq., second Justice of the Supreme Court of this Colony, at the rate of one hundred and fifty Pounds per annum, money aforesaid.
And on the question, whether the House agrees thereto or not, it passed in the affirmative, as follows:
Yeas—
Mr. Crane,
Kinsey,
Holme,
Fisher,
Hewlings,
|
Mehelm,
Roy,
Sykes,
Shepperd,
Demarest,
|
Hinchman,
Elmer,
Ford,
Gibbon,
Barton.
|
Nays—
Mr. Combs,
Garritse,
Eldridge,
|
Taylor,
Dey,
Tucker,
|
Lawrence,
Hand,
|
who voted for one hundred Pounds.
3. To Richard Stockton, Esq., third Justice of the Supreme Court of this
Colony, at the rate of one hundred and fifty Pounds per annum, money aforesaid.
And on the question, whether the House agrees thereto or not, it passed in the affirmative, as follows:
Yeas—
Mr. Crane,
Kinsey,
Holme,
Fisher,
Hewlings,
|
Mehelm,
Roy,
Sykes,
Shepperd,
Demarest,
|
Hinchman,
Elmer,
Ford,
Gibbon,
Barton.
|
Nays—
Mr. Combs,
Garritse,
Eldridge,
|
Taylor,
Dey,
Tucker,
|
Lawrence,
Hand,
|
4. To Cortland Skinner, Esq., Attorney General of this Colony, at the rate of forty Pounds per annum, money aforesaid.
And on the question, whether the House agrees thereto or not, it passed in the affirmative, as follows:
Yeas—
Mr. Crane,
Kinsey,
Holme,
Garritse,
Hewlings,
Mehelm,
|
Fisher,
Sykes,
Shepperd,
Roy,
Hinchman,
|
Elmer,
Demarest,
Gibbon,
Barton,
Ford.
|
Nays—
Mr. Combs,
Dey,
Eldridge,
|
Taylor,
Hand,
|
Tucker,
Lawrence,
|
who voted for thirty Pounds.
5. To Joseph Smith and John Symth, Esqs., Treasurers
of this Colony, each at the rate of forty Pounds per annum,
money aforesaid.
To which the House agreed.
6. To the Clerk of the Council for the time being, at
the rate of thirty Pounds per annum, money aforesaid.
To which the House agreed.
7. To the Agent of this Colony for the time being, at
the rate of one hundred Pounds per annum, money
aforesaid.
To which the House agreed.
8. To the Clerk of the Circuits for the time being, residing
in this Colony, the sum of twenty Pounds per
annum, money aforesaid.
To which the House agreed.
9. To the Doorkeeper of the Council of this Colony, at
the rate of ten Pounds per annum, money aforesaid.
To which the House agreed.
10. To his Excellency William Franklin, Esq., at the
rate of sixty Pounds per annum, money aforesaid, for
house rent, provided he makes Perth Amboy or Burlington
the place of his residence.
To which the House agreed.
11. To the Justice or Justices of the Supreme Court of
this Colony, for attending the Circuit Courts, and Courts
of Oyer and Terminer, in the manner prescribed by the
said Act, the sum of ten Pounds for each time.
To which the House agreed.
12. To each of the Council for the time being, for the
time they may attend at any sitting of General Assembly
within the time, eight Shillings per day.
On the question, whether the sum be eight Shillings or
six Shillings, it was carried for eight Shillings, as follows,
viz.:
Yeas—
Mr. Crane,
Demarest,
Gibbon,
Garritse,
Ford,
|
Mehelm,
Fisher,
Kinsey,
Shepperd,
Roy,
|
Hewlings,
Elmer,
Dey,
Hinchman,
Barton.
|
Nays—
Mr. Combs,
Sykes,
Eldridge,
|
Taylor,
Holme,
Tucker,
|
Lawrence,
Hand,
|
who voted for six Shillings.
13. To Richard Smith, one of the Clerks of the House of Representatives, or any other Clerk, for his attendance, the sum of ten Shillings per day, for the time he hath or shall attend at any sitting of General Assembly, during the continuance of this Act; also, the sum of four Pence per sheet, reckoning ninety words to the sheet, for entering the Minutes of any sitting, during the continuance of this Act, fair in the Journals and copying the Laws and Minutes for the Printer; and to the said Richard Smith the sum of ten Pounds, for pen, ink and paper, and hiring Clerks to forward the business of this session; and for a Journal for the use of the General Assembly, thirty-three Shillings;
To which the House agreed.
14. To Charles Pettit, Esq., Deputy Secretary, or to the Deputy Secretary for the time being, for copying publick Laws to send home to England, during the continuance of this Act, four Pence per sheet, reckoning ninety words to the sheet; and to the said Charles Pettit, for extraordinary services, the sum of twenty Pounds;
To which the House agreed.
15, To each of the Treasurers of this Colony, six Pence per Pound, for exchanging ragged and torn Bills of Credit of this Colony;
To which the House agreed.
16. To Isaac Collins, or any other Printer hereafter to
be appointed, for printing the Minutes of the House of
Representatives of any sitting during the continuance of
this Act, and for printing the Laws passed at any sitting
as aforesaid, or any other printing, such sums as Hendrick
Fisher, Stephen Crane, James Kinsey, and Thomas Polgreen
Hewlings, Esqs., or any two of them, shall agree
to be paid for the said services;
To which the House agreed.
17. To the Sergeant-at-Arms for the time being, who
shall attend the Council, the sum of three Shillings per
diem; and to the Sergeant-at-Arms who shall attend the
House of Representatives, the sum of three Shillings per
diem;
To which the House agreed.
18. To the Doorkeeper of the House of Representatives
for the time being, who shall attend the House in manner
aforesaid, the sum of three Shillings and six Pence
per diem;
To which the House agreed.
19. To the Speaker and every of the Members of the
House of Representatives, for the time each of them shall
attend at any sitting of General Assembly, during the
continuance of this Act, eight Shillings per diem.
On the question, whether the sum be eight Shillings
or six Shillings per diem, it was carried for eight Shillings,
as follows, viz..
Yeas—
Mr. Crane,
Ford,
Hinchman,
Fisher,
Kinsey,
|
Gibbon,
Roy,
Barton,
Mehelm,
Dey,
|
Garritse,
Shepperd,
Demarest,
Hewlings,
Elmer.
|
Nays—
Mr. Combs,
Sykes,
Eldridge,
|
Taylor,
Holme,
Tucker,
|
Lawrence,
Hand,
|
who voted for six Shillings.
Ordered, That the Bill for support of Government, as
reported and agreed to, be engrossed.
Mr. Tucker reported, that Mr. Elmer and himself delivered
the Message of the House to his Excellency,
according to order, who was pleased to say the House
should hear from him.
The House adjourned till nine o'clock, to-morrow
morning.
Thursday, November 30, 1775.
The House met.
The House taking into consideration the inconvenience
arising from requiring the attendance of two of the
Delegates to represent the Colony in the Continental
Congress:
Resolved, That any one of the three Delegates appointed
to attend the Congress be, and such Delegate is hereby
fully authorized to represent this Colony during the
present Congress.
A Message from the Council, by Mr. Hopkinson informing
the House that the Council have passed the Bill
entitled "A supplementary Act to the Act entitled 'An
Act for striking One Hundred Thousand Pounds, in Bills
of Credit, and directing the mode for sinking the same;'"
without any amendment.
The House adjourned till three P. M.
The House met.
The Petition from sundry Freeholders of Burlington
County, praying that Young Men who live with their
parents may be taxed, was read the second time.
It was moved that the prayer of the Petition may be
granted. Whereupon the previous question was demanded,
whether that question shall now be put or not.
It passed in the negative, as follows, viz.:
Yeas—
Mr. Crane,
Paxson,
Mehelm,
|
Kinsey,
Gibbon,
Shepperd,
|
Hewlings,
Tucker.
|
Navs—
Mr. Combs,
Dey,
Holme,
Lawrence,
Demarest,
Hand,
|
Taylor,
Ford,
Eldridge,
Garritse,
Sykes,
|
Elmer,
Fisher,
Hinchman,
Barton,
Roy.
|
Ordered, That the said Petition be referred to the next session of Assembly.
The Petition from the Township of Chesterfield, in the County of Burlington, praying a law to set free all the Slaves now in the Colony, was read a second time.
Ordered, That the same do lie on the table.
The Committee appointed to consider the Governour's Message at the last session informed the House that they were ready to make a report, and at the same time mentioned to the House, that the report was necessarily drawn up in such a manner as they apprehended might possibly occasion a longer session than the House at this time might incline to, and might be productive of some controversy. Whereupon, the House taking the same into their consideration, and also being of opinion that anything which might interrupt the harmony, in this present critical situation of the Province, ought not to be entered into at the present session, unless something should occur during their sitting which may, in their opinion, render it necessary, do order that the report be postponed.
A Message from his Excellency, by Mr. Deputy Secretary Pettit:
Mr. Speaker:— His Excellency is in the Council Chamber, ready to receive the Address of the House.
Whereupon, Mr. Speaker left the Chair, and, with the House, went to wait upon the Governour; and being returned Mr. Speaker resumed the Chair, and reported that the House had waited on the Governour, and delivered their Address, in these words:
To His Excellency William Franklin, Esq., Captain General,
Governour, and Commander-in-Chief, in and over His
Majesty^s Colony of Nova-Cæsarea, or New Jersey, and
Territories thereon depending in America, Chancellor and
Vice Admiral in the same, &c.:
The humble Address of the Representatives of the said
Colony, in General Assembly convened.
May it Please Your Excellency:— We, His Majesty's
loyal and dutiful subjects, the Representatives of the
Colony of New Jersey, in General Assembly convened,
have considered your Excellency's speech at the opening
of the present session.
We sincerely lament the unhappy situation of publick
affairs; and we regret that, though we have presented a
dutiful petition to His Majesty, yet we have little prospect
of his favourable interposition for the removal of those
grievances under which we suffer, in common with his
other American subjects.
There is nothing we desire with greater anxiety than
a reconciliation with our Parent State, on constitutional
principles. But if the resolution of the House of Commons,
of the 20th of February, could, without departing
from the duty we owe to our constituents, have been
accepted, or made the basis of a negotiation which would
probably have led to any plan of accommodation, we
have been and still are greatly mistaken.
We are surprised to hear that any persons could have
advised your Excellency to have sought an asylum on
hoard of one of His Majesty's ships. We cannot imagine
that your Excellency could have had any just reason to
fear any insult or improper treatment from the people of
the Colony; and if your retreat would necessarily be
attributed to either the effect or well-grounded apprehensions
of violence, and be productive of mischiefs to
the inhabitants, however such advisers may deserve to
be esteemed your "best friends," we cannot suppose them
to be really so to the Colony.
Your Excellency's safety, or that of any of the officers
of Government, we apprehend to be in no danger. We
place our own safety in that protection which the laws of
our Country and the executive powers of the Government
afford to all the King's subjects. It is the only asylum
which we have to fly to; and we make no doubt
but that it will be, as it hitherto hath been, found
fully equal to the purpose both of securing your Excellency
and others. And we hope to find that the officers
of Government will conduct themselves so prudently as
not to invite any ill-usage, and that they will not make
any supposed "infatuation, or disorder" of the times, a
pretence to leave the Province, and thereby endeavour to
subject the inhabitants to any calamities.
We know of no sentiments of independency that are
by men of any consequence, openly avowed; nor do we
approve of any essays tending to encourage such a measure.
We have already expressed our detestation of such
opinions, and we have so frequently and fully declared
our sentiments on this subject, and in particular in our
petition to the King at the last session of Assembly, that
we should have thought ourselves, as at present we really
deserve to be, exempt from all suspicion of this nature.
We have already resolved to support His Majesty's
Government, and look upon it to be our duty to use our
influence to promote peace, order, and good government.
By order of the House,
Cortland Skinner,
Speaker.
House of Assembly, November 29, 1775.
To which his Excellency was pleased to make the following
answer:
Gentlemen:— I return you my thanks for your resolution
to support His Majesty's Government, and cannot
but approve your determination to promote peace and
good order.
I shall avoid, for the reasons I gave you in my speech,
any remarks on your sentiments respecting the present
unhappy situation of publick affairs, and shall transmit
to His Majesty your opinion of the resolution of the
House of Commons. Thus much, however, I would only
observe, that if you really thought, or still think, that
the making that resolution the basis of a negotiation
would not have led to some plan of accommodation, on
terms that Americans have heretofore solemnly and repeatedly
declared would give them full content, then you
have been and still are greatly mistaken.
Your surprise that any persons could advise me to
seek an asylum, when so many Governours and Crown
officers had been before compelled to do the like, is as
extraordinary as your supposition that those persons
must therefore be no friends to the Colony.
It gives me pleasure, however, to find that you make
no doubt but that the laws of the Country, and the executive
powers of the Government, will afford safety, and
prove an asylum to all the King's subjects. On the
strength of this assurance. His Majesty's officers, who
have now the misfortune of being confined in Trenton,
by some supposed unlawful authority, cannot hesitate to
apply for that legal remedy, an habeas corpus; nor can
any of His Majesty's Justices of the Supreme Court have
the least scruple to grant it, nor ought any one to doubt
"but that it will (as you say) be found fully equal to the
purpose."
Your hope that the Officers of Government will conduct
themselves prudently, will, I trust, be greatly gratified,
at least by some of them, if a manly, conscientious
discharge of their duty to their King and Country, as
far as may be in their power, is consistent with your
ideas of prudence. As they have not even made the real
disorders of the times a pretence for leaving the Province,
it seems rather unkind to intimate any suspicion that
they would do it on a supposed disorder of the times;
"equally unjustifiable is it to insinuate that any of them
would be so absurd as to 'invite' ill usage," or so wicked
as to "endeavour to subject the inhabitants to any calamities."
But such suspicions and such language must, I suppose,
be attributed to the fashion of the times.
In speaking of the sentiments of independency, openly
avowed by some men of present consequence, I had not
the most distant thought that you would consider the
remark as at all meant for or applicable to your House.
If any faith is to be put (as you say) in your frequent
and full declarations of your sentiments on this subject,
you certainly deserve to be exempt from all suspicions of
that nature. I even initimated, in my speech, that you
must entertain "an abhorrence of such design." Your
present disapprobation of the essays tending to encourage
that measure gives me great satisfaction, and I sincerely
wish that both you and I may, ere long, have the
happiness to see those, who either openly or privately
avow sentiments of independency, men of no consequene.
On motion made, that this House do send a message
to his Excellency, requesting him to dissolve the present
Assembly at the end of the present session, and give the
people another choice of Representatives:
The Previous Question was demanded, "Whether the
said question shall now be put or not"
It passed as follows, viz.:
Yeas—
Mr. Lawrence,
Gibbon,
Tucker,
Kinsey,
|
Holme,
Mehelm,
Paxson,
Hand,
|
Shepperd,
Hinchman,
Eldridge,
Elmer.
|
Nays—
Mr. Combs,
Fisher,
Ford,
Taylor,
|
Roy,
Hewlings,
Crane,
Dey,
|
Sykes,
Garritse,
Demarest,
Barton.
|
The voices being equal, Mr. Speaker gave his vote in
the negative.
The House adjourned till nine o'clock, to-morrow morning.
Friday, December 1, 1775.
The House met.
Mr. Kinsey, from the Committee appointed to bring in
an Answer to his Excellency's Message of the 22d of
November last, brought in a draught accordingly, which
was read and ordered a second reading.
Mr. Fisher, from the Committee appointed to prepare
and bring in the draught of a Petition to the King,
brought in the same accordingly; which was read and
ordered a second reading.
The House adjourned till three P. M.
The House met.
A petition was presented to the House, from the Hon.
Daniel Coxe, Esq., President of the Board of the Western
Proprietors of this Province, requesting leave, in behalf
of himself and the Board of Western Proprietors, to bring
in a Bill, at the next session of Assembly, for appointing
Commissioners to settle the disputes of the said Western
Proprietors with the Eastern Proprietors, and finally to
settle the line of division between the said Proprietors,
and suggesting that the Eastern Proprietors do acquiesce
in this mode of accommodating the differences, and agree
to join in the nomination of Commissioners; which Petition
being read,
Ordered, That the Petitioner have leave to bring in a
Bill at the next session, according to the prayer of the
Petition.
The House adjourned till five o'clock.
The House met.
The engrossed Bill entitled "An Act for the support of
Government of His Majesty's Colony of New Jersey, to
commence the first day of October, one thousand seven
hundred and seventy-five, and to end the first day of
October, one thousand seven hundred and seventy-six,
and to discharge the publick debts and contingent
charges thereof," was read and compared; on the question,
Resolved, That the same do pass:
Ordered, That Mr. Fisher, Mr. Crane. Mr. Ford, Mr.
Paxson, Mr. Combs, Mr. Sykes, Mr. Elmer, and Mr.
Tucker, do carry the said Bill to the Council for concurrence.
The House adjourned till nine o'clock to-morrow morning.
Saturday, December 2, 1775.
The House met.
Mr. Fisher reported, that the other gentlemen and
himself delivered the Support Bill, with them intrusted,
to the Speaker in Council.
On motion made, that proper persons may be appointed
to take care of, rent out, and from the rents, to keep in
good repair, the several Barracks and their Furniture, in
this Colony: The question was put thereon, and it passed
in the affirmative.
Ordered, That Mr. Hinchman, Mr. Tucker and Mr.
Gibbon be a Committee to prepare and bring in a Bill
pursuant to the above Resolution.
Mr. Hinchman, from the Committee appointed for that
purpose, brought in a Bill entitled "An Act to empower
the persons therein named to take care of, rent out, and
from the rents to keep in good repair, the several Barracks
and their Furniture, in this Colony," which was read and
ordered a second reading.
Mr. Speaker laid before the House a Letter from Isaac
Debow, Esq., late Sheriff of the County of Hunterdon,
enclosing a copy of the said Sheriff's advertisements,
conditions and amount of sales of Lord Stirling's Lands
in the County of Hunterdon, with a copy of Mr. Speaker's
Letter to the said late Sheriff; which were read.
Odered, That the consideration thereof be referred to
the afternoon.
The House adjourned till three P. M.
The House met.
The Bill entitled "An Act to empower the persons
therein named to take care of, rent out, and, from the
rents, to keep in good repair, the several Barracks and
their Furniture, in this Colony," was read a second time,
agreed to, and ordered to be engrossed.
Mr. Roy had leave of absence till Monday morning
next.
Mr. Barton had leave of absence for the remainder of
the session, upon extraordinary occasions.
The House took into consideration the papers laid before
the House this morning, by Mr. Speaker, relative to
the sale of Lord Stirling's Estate in Hunterdon, and,
after some time spent in debate thereon, the further consideration
thereof was adjourned till Monday next.
The House adjourned till ten o'clock, on Monday
morning next.
Monday, December 4, 1775.
The House met.
The engrossed Bill entitled "An Act to empower the
persons therein named to take care of, rent out, and, from
the rents, to keep in good repair, the several Barracks
and their Furniture, in this Colony," was read and compared,
on the question, Resolved, That the same do pass.
Yeas—
Mr. Combs,
Dey,
Hinchman,
Garritse,
|
Ford,
Mehelm,
Fisher,
|
Kinsey,
Elmer,
Roy.
|
Nays—
Mr. Lawrence,
Paxson,
Hand,
|
Demarest,
Gibbon,
Eldridge,
|
Hewlings,
Holme,
Shepperd.
|
Ordered, That Mr, Kinsey and Mr. Elmer do carry the
said Bill to the Council, for concurrence.
The House adjourned till three P. M.
The House met.
The House resumed the consideration of the papers
laid before this House, relative to a sale of Lands, belonging
to Lord Stirling, by the late Sheriff of Hunterdon,
Ordered, That Mr. Fisher, Mr. Tucker, Mr. Mehelm,
Mr, Roy, and Mr. Dunham be, and they, or any three of
them, are hereby appointed a Committee to examine into
the said sale, collect evidence relating thereto, and report
to this House at the next session; and in the meantime,
to give directions for the further prosecution of the suit
against said Lord Stirling, if necessary.
The draught of a Message to his Excellency, in answer
to his Message of the 22d of November last, was read the
second time, and committed to Mr, Fisher, Mr. Shepperd,
Mr. Gibbon, and Mr. Lawrence.
The Petition to the King was read the second time,
and committed to a Committee of the Whole House.
The House adjourned till nine o'clock to-morrow
morning.
Tuesday, December 5, 1775.
The House met.
A Message from the Council, by Mr. Parker, informing
the House that the Council have passed the Bill entitled
"An Act for the support of Government," &c.
The House adjourned till three P. M.
The House met.
Mr. Fisher, from the Committee to whom the draught
of a Message to his Excellency was committed, reported
the same; which being read and amended in the House,
Ordered, That the said Message, as amended, be engrossed.
The House according to order, resolved itself into a
Committee of the Whole House, on the Petition to the
King; and after some time spent therein, Mr. Speaker
resumed the Chair, and Mr Fisher, Chairman of the
Committee, by leave of the House, reported that the
Committee had spent some time in debate upon the subject
matter of the Petition referred to them, and came to
the following Resolution:
That as a Petition is already before his Majesty, to
which the House has received no answer, and hoping
that it will effect the good purpose intended, in the
opinion of this Committee the present Petition ought to
be referred; and that the Committee of Correspondence
do instruct the Agent to solicit an answer to the said
former Petition.
To which the House unanimously agreed.
The House adjourned till nine o'clock, to-morrow
morning.
Wednesday, December 6, 1775.
The House met.
The engrossed Message to his Excellency was read and
compared.
Ordered, That the same be sent accordingly.
And the Message is as follows, viz.:
House of Assembly, December 6. 1775.
Ordered, That Mr. Hinchman and Mr. Mehelm do wait
on his Excellency, and, in answer to his Message of the
21st of November, inform him that this House have
taken the same into their serious consideration, and
although they entertain the most grateful sense of the
attention that has been 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 that can
consist with the true principles of commerce and the
Constitution," and are sincerely disposed to grant His
Majesty's requisitions, as far as the circumstances of the
Colony will allow; yet at this time the House cannot
think it prudent to go into any increase of the salaries
of the officers of Government, nor do they apprehend
that it will be beneficial for his government over us to
settle them longer than for the usual time, or expedient
to erect buildings at present, better to accommodate the
branches of the Legislature.
That the House hopes, when it is considered that on
his Excellency's arrival to this Government, the salary
was raised from one thousand Pounds to one thousand
two hundred Pounds per annum, which has been continued
ever since; that sixty Pounds a year has constantly
been granted to provide a house for his Excellency's
residence; that the salaries of the Justices of the
Supreme Court have been lately raised from fifty to one
hundred and fifty Pounds per annum; that the other
Crown officers either have salaries given to them or fees
equal to the importance of their service; that there are
places provided for the Legislature to meet and do the
publick business at Perth Amboy, and that although such
provision is not made at Burlington, yet no considerable
inconvenience has attended it — When his Excellency
considers these matters, he will, we hope, be of
opinion with us, that the House has shown a disposition
to make such suitable provision for the support of Government
as, from time to time, was in their power, which
nothing has retarded more than the inconvenience of
two seats of Government, a circumstance they sincerely
wish was removed. But the House assures his Excellency
that, at a future day, when this inconvenience
shall be remedied, and the unnatural controversy now
subsisting is happily settled, they will show their readiness
to comply with every just requisition, and demonstrate
that they ever mean their actions shall correspond
with their professions.
By order of the House,
Richard .Smith,
Clerk.
Ordered, Mr. Kinsey and Mr. Eldridge do wait on the
Council, and inquire whether the Council have anything
further before them; if not, that this House proposes to
apply to his Excellency for a dismission.
Mr. Hinchman reported that Mr. Mehelm and himself
delivered the Messages of the House with them intrusted
to his Excellency, who was pleased to say he would take
the same into consideration.
Mr. Kinsey reported that Mr. Eldridge and himself
delivered the Message of the House with them intrusted
to the Speaker in Council.
A Message from the Council, by Mr. Hopkinson.
Mr. Hopkinson informed the House that the Council
had nothing further before them.
Ordered, That Mr. Fisher and Mr. Paxson do wait
upon the Governour, and inform him that this House
have gone through the business before them, and are
desirous of a dismission.
Mr. Fisher reported, that Mr. Paxson and himself delivered
the Message of the House to his Excellency,
according to order, who was pleased to say the House
should hear from him in the afternoon.
The House adjourned till three P. M.
The House met.
A Message from his Excellency, by Mr. Deputy Secretary
Pettit:
Mr. Speaker:— His Excellency is in the Council
Chamber, and requires the immediate attendance of the
House.
Whereupon, Mr. Speaker left the Chair, and, with the
House, went to wait upon the Governour, who was pleased
to give his assent to the following Bills, enacting the
same, viz.:
1. An Act for the support of Government of His
Majesty's Colony of New Jersey, to commence the first
day of October, one thousand seven hundred and seventy-five,
and to end the first day of October, one thousand
seven hundred and seventy-six; and to discharge the publick
debts, and contingent charges thereof.
2. A supplementary Act to the Act entitled "An Act
for striking One Hundred Thousand Pounds, in Bills of
Credit, and directing the mode for sinking the same."
3. An Act for the speedy recovery of Debts, from six
Pounds to ten Pounds.
4. An Act to provide a more effectual remedy against
excessive costs, in the recovery of Debts above ten Pounds,
and for other purposes therein mentioned.
5. An Act to authorize the Board of Justices and Freeholders
of the several Counties in the Colony of New
Jersey to defray the expense of taking Lists of the Inhabitants.
6. An Act to prevent Rams from running at Large at
certain seasons of the year.
7. An Act to empower Isaac Haines to erect a Dam,
Mills, and other Water Works, on the southernmost
branch of the Ancocas Creek, in the Township of Evesham,
in the County of Burlington.
8. An Act to enable the owners and possessors of Meadows
and Tide Marsh, lying on both sides of the south
branch of Pensawken Creek, in the Counties of Burlington
and Gloucester, to erect and maintain a Bank, Dam,
and other Water Works, across the said Creek, in order
to prevent the tide from overflowing the same.
And then his Excellency was pleased to prorogue the
General Assembly till Wednesday, third day of January
next, then to meet at Perth Amboy.
Council of New Jersey.
A Journal of the Proceedings of His Majesty's Council
for the Province of New Jersey, at a session of the General
Assembly began and holden at the City of Burlington,
on the fifteenth day of November, in the year of our
Lord one thousand seven hundred and seventy-five, and
in the sixteenth year of the reign of our sovereign Lord,
King George the Third.
Wednesday, November 15, 1775,
Tlie House met.
Present — The Chief Justice, Richard Stockton, Esq.,
Stephen Skinner, Esq., Daniel Coxe, Esq., John Lawrence,
Esq., Francis Hopkinson, Esq.
The House continued till to-morrow.
Thursday, November 16, 1775.
The House met.
Present — The Chief Justice, Richard Stockton, Esq.,
Stephen Skinner, Esq., Daniel Coxe, Esq., John Lawrence,
Esq., Francis Hopkinson, Esq.
His Excellency came into the Council Chamber, and
having, by the Deputy Secretary, commanded the attendance
of the House of Assembly, the Speaker, with
the House, attended, when his Excellency was pleased to
make a Speech to both Houses, in the words following,
viz:
See page 283, Assembly proceedings.
After which, the Speaker, with the House of Assembly,
withdrew.
The House continued till to-morrow.
Friday, November 17, 1775.
The House met.
Present — John Stevens, Esq., the Chief Justice, Richard
Stockton, Esq., Stephen Skinner, Esq., Daniel Coxe, Esq.,
John Lawrence, Esq., Francis Hopkinson, Esq.
The House continued till to-morrow.
Saturday, November 18, 1775.
The House met.
Present as before.
The House continued till Monday next.
Monday, November 20, 1775.
The House met.
Present as before.
The House continued till to-morrow.
Tuesday, November 21, 1775,
The House met.
Present as before.
The House continued till to-morrow.
Wednesday, November 22, 1775.
The House met.
Present — John Stevens, Esq., the Chief Justice, Richard
Stockton, Esq., Stephen Skinner, Esq., Daniel Coxe, Esq.,
John Lawrence, Esq., Francis Hopkinson, Esq.
The House having taken into consideration the importance
of several matters that will be likely to require their
attention at this session, and being desirous to have the
assistance of every member who is not withheld from
attendance by sickness or other unavoidable cause:
Ordered, That the Clerk of the House do forthwith dispatch
a Letter to the Hon. James Parker, Esq., requiring
his attendance.
The House having taken into consideration his Excellency's
Speech at the opening of the session,
Resolved, That an humble Address be presented to his
Excellency, in answer to the said Speech.
Ordered, That the Chief Justice and Mr. Hopkinson be
a Committee to draw the said Address.
The House continued till to-morrow.
Thursday, November 23, 1775.
The House met.
Present — John Stevens, Esq., the Chief Justice, Richard
Stockton, Esq., Stephen Skinner, Esq., Daniel Coxe, Esq.,
John Lawrence, Esq., Francis Hopkinson, Esq.
The House continued till to-morrow.
Friday, November 24, 1775.
The House met.
Present — John Stevens, Esq.. the Chief Justice, Richard
Stockton, Esq., Stephen Skinner, Esq., Daniel Coxe, Esq.,
John Lawrence, Esq., Francis Hopkinson, Esq.
Mr. Dey and Mr. Garritse, from the House of Assembly,
presented for the concurrence of this House a Bill
entitled "A supplementary Act to an Act entitled 'An
Act appointing Commissioners for finally settling and
determining the several Rights, Titles, and Claims to the
common Lands in the Township of Bergen, and for
making partition thereof, in just and equitable proportions,
among those who shall be adjudged by the said
Commissioners to be entitled to the same,'" which was
read the first time and ordered a second reading.
The House continued till four o'clock P. M.
——————————
Journal
Of the Votes and Proceedings as well of the
Committee of Safety, at a Sitting in January,
1776, As the Provincial Congress of New Jersey,
At a Sitting at New Brunswick, Began
January 31, and continued to the Second Day
of March following.
—————
A LIST OF THE DEPUTIES RETURNED TO SERVE IN CONGRESS.
Bergen — John Demarest, Jacobus Post, Abraham Van
Boskirk.
Essex — Abraham Clark, Lewis Ogden, Samuel Potter,
Caleb Camp, Robert Drummond,
Middlesex — John Wetherill, John Dennis, Azariah
Dunham.
Morris — *William Winds, *William De Hart, Jacob
Drake, Silas Condit, Ellis Cook,
Somerset — Hendrick Fisher, *Cornelius Van Muliner,
Ruloffe Van Dyke,
Sussex — * William Maxwell, Ephraim Martin, *Thomas
Potts, Abijah Brown, Mark Thompson,
Hunterdon — Samuel Tucker, John Mehelm, John Hart,
Charles Stewart, *Augustine Stevenson,
Monmouth — Edward Taylor, John Covenhoven, Joseph
Holmes.
Burlington — Isaac Pierson, John Pope, Samuel How,
*John Wood, Joseph Newbold.
Gloucester — *John Cooper, Joseph Ellis, *Thomas
Clark, *Elijah Clark, *Richard Somers.
Salem — *Grant Gibbon, Benjamin Holme, John Holme,
Edward Keasbey, John Carey.
Cumberland — Theophilus Elmer, Jonathan Eyers.
Cape May — *Jesse Hand, Elijah Hughes.
Note, — Those marked with a * did not attend the
sitting of Congress at Brunswick.
——————————
Proceedings of the Committee of Safety.
—————
Princeton, January 9th, 1776.
The Committee of Safety of the Province of New Jersey,
pursuant to notice given for that purpose, met this
day, and there not being a sufficient number of Members
to proceed on business, adjourned till to-morrow morning,
9 o'clock.
Wednesday, January 10th, 1776.
The Committee met.
Present — Samuel Tucker, President; Hendrick Fisher,
Vice President; Abraham Clark, D. Secretary; Azariah
Dunham, RulofFe Van Dike, John Dennis, Augustine
Stevenson, John Pope.
The President laid before the Committee a letter from
the Provincial Congress of New York, inclosing resolutions
of the Continental Congress, and the Congress of
New York, relative to establishing posts at proper distances,
to carry intelligence to the different parts of the
Colony or elsewhere, as occasion may require; and for
erecting beacons at proper distances, which the Congress
of New York recommended to the Congress of New Jersey:
Which letter and resolves were read in this Committee,
who, after duly considering the same, approve of
the expediency of establishing posts for the purposes
aforesaid, have therefore.
Resolved, That a man and horse be kept in constant
readiness by each of the several Committees of Newark,
Elizabeth Town, Woodbridge, New Brunswick, Princeton
and Trenton, whose business shall be to forward all
expresses to and from the Continental Congress: And
that the aforesaid Town Committees shall, on every intelligence
of any invasion or alarm, send expresses to the
neighbouring Town Committees, who are directed to provide
expresses to forward the same from town to town,
to the Town Committees, and to such officers of the
militia as they may think proper to notify thereof throughout
the Colony, with as much expedition as may be in
their power. And that all the expences incurred by
such expresses, the Treasurers of this Colony appointed
by the Provincial Congress, or either of them, are hereby
required to pay on order or orders signed by the Chairman
of either of the Committees of the Townships in
this Colony. Which orders, with indorsements thereon
by the person or persons to whom the same are made
payable shall be sufficient vouchers the said Treasurers,
or either of them, for such sums of money as they or
either of them may pay thereon as aforesaid.
Ordered, That the above resolve be published in the
New York and Pennsylvania gazettes.
A memorial from Yelles Mead of the County of Bergen,
and several other memorials from the Counties of
Bergen and Essex, of the same tenor, sitting forth that
the said Yelles Mead had, in expectation of a Lieutenant's
commission in Captain Meeker's Company, in one
of the battalions in this Colony, raised his compliment
of men for said company, praying a commission accordingly.
Also a memorial from George Ross, the 3d, of
the County of Essex, setting forth, that in expectation of
an Ensign's commission in said Captain Meeker's Company,
he had raised his compliment of men, praying a
commission in consequence thereof, were laid before the
Committee and read, and several recommendations in
favour of the memorialists were also read: And also a
letter from Lord Stirling, recommending Mathias Halstead,
of Elizabethtown, First Lieutenant, and the abovesaid
Yelles Mead, Ensign of Captain Meeker's Company,
was also read.
Ordered, That the said memorials, recommendations
and letter have a second reading.
Two recommendations from the Committee of Woodbridge
were laid before the Committee, recommending
James Bonny, Captain, James Manning, First Lieutenant,
David Crow, Second Lieutenant, and John Clarkson,
Ensign of a Company of Militia in Woodbridge. The
other recommending Ellis Barron, Captain, Ralph Marsh,
First Lieutenant, Matthew Freeman, Second Lieutenant,
and Jonathan Bloomfield, Ensign of another Company
of Militia in said Woodbridge, which were read, and
commissions ordered to be issued accordingly.
A certificate was produced from the Chairman of the
Committee of the North Ward of New Brunswick, certifying
that John Taylor was elected Captain, Jacob Mersural,
First Lieutenant, James Schuurman, Second Lieutenant,
and John Voorhees, Jr., Ensign, of a Company of minutemen
in Colonel Neilson's Battalion.
Ordered, That the above gentlemen be commissioned
accordingly to their appointment.
The Committee adjourned till 2 o'clock, P. M.
The Committee met according to adjournment.
John Hart, Esq., one of the Committee, attending, took
his seat accordingly.
Mr. President laid before the Committee a letter from
Richard Smith, Esq., one of the Delegates of this
Province, at the Continental Congress, in the words following:
"Dear Sir:— I am desired by the Congress to transmit
to you the enclosed extracts from their proceedings, the
whole of which, relative to that subject, I have sent to
Lord Stirling, by this post, together with six dozen copies
of the articles of war. The 1000 dollars mentioned in
the extract, I have received from the Continental Treasury,
and they wait your commands.
"The Congress wish to know in what manner the
prisoners of war at Trenton live, who supplies them, and
upon what terms. The reason of the enquiry is, that
very extravagant claims are made on this head from
other quarters, and we aim to render the public burthens
as light as possible. You will, as soon as it is convenient,
afford me the necessary information.
"I am, your affectionate
faithful servant,
"Richard Smith.
"Philadelphia, January 4th, 1776.
" Samuel Tucker, Esq,"
The enclosed resolve, referred to in the above letter,
was read, and is in the words following.
In Congress, Jan. 2, 1776.
"Resolved, That the Barracks in the Colony of New
Jersey, be prepared for the reception of such of the Battalions,
as may not be in readiness to proceed to New
York, and that the ministerial troops or prisoners at
present occupying them, be accommodated in the said
Colony in such a manner as the Committee of Safety for
the said Colony, shall think most prudent and convenient.
"That the hundred stand of arms supplied by the
Colony of New York, for the New Jersey Battalion, be
paid for by the Convention of New Jersey, and that in
order to enable the said Convention to make such payment,
as well as to furnish such of the men belonging to
the said Battalions, as are yet unprovided with arms.
The further sum of one thousand dollars be advanced to
the said Convention, and that the price of the arms be
deducted out of the wages of the privates belonging to
said Battalions."
Extracts from the minutes,
Charles Thompson,
Secretary.
The above letter and resolve were read, and ordered a
second reading.
Adjourned till to-morrow morning 9 o'clock.
Thursday, January 10, 1776.
Joseph Holmes, Esq., one of this Committee, attending,
took his seat accordingly.
Jacob Scoggin, Esq., laid before this Committee a
recommendation of the Committee of the County of
Salem, in favour of certain gentlemen to be commissioned
field officers of the Militia in said County. And
it appearing to this Committee that a controversy now
subsists in the County of Salem, respecting the appoinment
of field officers, and as this Committee have not at
present an opportunity of hearing the grounds of the
controversy from both parties, and being desirous of acting
in such a manner as may conciliate all parties in a
just and equitable determination between them in the
appointment of said officers; do in order thereto direct
as well as the Committee of the County of Salem, as such
other persons as are opposed to the gentlemen recommended
by the said Committee, or may have any claim
to commissions, by the election of the Captains and the
subalterns of the Militia before the 16th day of August last,
to appear, by persons properly deputed for that purpose,
before the Congress of this Province, the 6th day after
their next meeting, that the truth of facts may be then
fully known, that they may take such resolution thereon
as to them may seem just.
Ordered, That a copy of the above order be delivered to
Mr. Scoggin, to be laid before the County Committee, to
be by them communicated to the contending parties.
Adjourned till 2 P. M.
The Committee met.
This Committee received information from the Committee
of the County of Monmouth, by Dr. Scudder and
Dr. Henderson, and also by letter from the Chairman of
the said Committee, that a small sloop, called the Polly
and Anne, one Hains, captain, was on the 24th of December
last stranded on Squan Beach, on board of which
was a quantity of beef, pork and other provisions; which
vessel and cargo is now in the care and custody of Colonel
Forman, except such articles as are perishable, which the
Committee directed to be sold by Dr. Scudder and Dr.
Henderson; an inventory of which cargo, as well such as
were sold, as such as remain, were laid before this Committee.
And one James Webb, a passenger on board said
vessel when stranded, appeared before this Committee,
by whose deposition it appears that said vessel was
bound from New York to Boston, and from all circumstances,
the provisions on board were designed for the
Ministerial army.
The Committee taking the above matters into consideration,
think it proper that the whole of said cargo be
immediately sold, and the vessel secured. Which vessel,
with the amount of the sales, after deducting the necessary
expences, be referred to the disposal of the Congress
of this Colony at their next sitting. And that Colonel
David Forman, Dr. Nathaniel Scudder, and Dr. Thomas
Henderson be, and are hereby authorised and impowered
to secure the abovesaid vessel, and to complete the sales
of the cargo, in some convenient time, and account for
the sales, and report their proceedings to the Congress of
this Province at their next sitting; and may deliver to
the seamen and passengers belonging to said vessel, all
such clothing and other effects as belong to them (exclusive
of the cargo) provided they call for the same in a
reasonable time. And that the thanks of this Committee
be returned to Colonel Forman, for his extraordinary
care and vigilance in securing the said vessel and cargo.
And whereas it appears that the Captain, master and
passengers of the sloop Polly and Anne, stranded on
Squan Beach, are inhabitants of the Colony of New
York ; it is therefore,
Ordered, That the said Captain, master and passengers,
or such of them as are in this Province, be conveyed
under guard, as Colonel Forman may think proper, to
New York, and delivered to the Provincial Congress or
Committee of Safety, to be dealt with. as they may think
proper.
Adjourned till to-morrow morning, 9 o'clock.
Friday, January 12, 1776.
The Committee met.
Whereas, a certain Richard Symonds, a midshipman,
belonging to one of the King's ships of War, was in September
last, taken on board a small tender at Barnagat,
since which he hath remained a prisoner in the County
of Monmouth.
Ordered, That Richard Symonds be removed to Trenton,
and there be admitted to remain a prisoner of war
on his parole of honour, on the same terms granted to
those officers who are already prisoners at that place.
Robert Ellison, Esq., of the County of Sussex, was
brought before this Committee by order of the Committee
of the County of Sussex, on a charge of many misdemeanors
committed against the liberties of America,
and among others of entering into an association, resolving
not to pay the tax ordered to be levied by the Congress
of this Province, and not to purchase any goods
which might be distrained from persons for their taxes,
or for non-attendance at musters. Mr. Ellison being informed
of said charge confessed the same to be true, and
that he was influenced thereto by Justice Nathaniel
Pettit; but that after signing the said association, he had
erased his name therefrom; that he had nothing to offer
in his justification but his ignorance of the consequence
of his proceedings, and his precipitately engaging therein
without consideration, and manifested a deep contrition
for his offences. He acknowledged he had signed the
association recommended by the Provincial Congress, before
signing the association mentioned above. That
after signing the general association, and before his signing
that now charged against him, he had been apprehended
in Pennsylvania for practices unfriendly to the
liberties of America, where he then made a full recantation
and asked pardon of the public, promising reformation.
Nathaniel Pettit, Esq., of the County of Sussex, also
appeared before this Committee, by order of the Committee
of said County, being charged with signing and
promoting said association mentioned in Robert Ellison's
charge; which the said Mr. Pettit confessed, only alledging
in his justification, that he had no intention thereby
of using any violent measures in opposing the proceedings
of the Congress; and, being fully heard in his own
justification, by order withdrew.
The above charges against Mr. Ellison and Mr. Pettit
were reserved to the consideration of the Committee in
the afternoon.
Adjourned till two o'clock, P. M.
The Committee met.
The Committee resumed the consideration of the matters
alledged against Robert Ellison and Nathaniel Pettit,
Esq.; and the facts charged against them, appearing by
their own confessions, to be true, and the offences of both
being nearly equal,
Resolved, That the said Robert Ellison and Nathaniel
Pettit be returned to the County of Sussex under the
custody of Colonel Ephraim Martin, and that they be
both disarmed, and pay to the Committee of the aforesaid
County or their Chairman, the sum of eight Pounds
each towards defraying the expences of apprehending
and bringing them before the Committee. And also,
that they severally give security to the said Committee
or their Chairman in the sum of fifty Pounds each, for
their future good behaviour, and thereupon be discharged
from further detention; and, as during the present process,
the said Ellison and Pettit have not only appeared
unfriendly to the liberties of this Country, but from their
conduct have appeared unworthy of the offices of magistracy
which they now sustain. This Committee therefore
think it adviseable for the said delinquents to desist
from the further execution of their respective offices,
until by their future good behaviour, they may appear
more worthy to execute the same, and shall be called
thereto by the Congress or Committee of Safety of this
Province. And that the Committee of the County of
Sussex be assured of this Committee's hearty approbation
of their timely and spirited exertions in apprehending
the above persons.
A memorial from the Committee of the County of
Cumberland, was presented to this Committee and read,
setting forth, that they had apprehended and secured in
custody Daniel Stretch, Richard Cayford and Nathaniel
Dowdney, inhabitants of that County, convicted of being
enemies to this Country, by using their influence with
the ignorant and unwary, to raise a party to oppose the
measures adopted for redress of grievances. Cursing and
ill-treating all Congresses and Committees, and refusing
to give any reasonable satisfaction for their extraordinary
conduct. The said Committee requesting the direction
of this Committee respecting said offenders.
This Committee, duly considering the conduct of the
above persons, and finding it necessary to use spirited
exertions for the discouragement of such base behaviour.
Do order and resolve, that the Committee of the County
of Cumberland, detain the said Daniel Stretch, Richard
Cayford and Nathaniel Dowdney in close confinement,
until they shall manifest a suitable contrition for their
offences, satisfactory to the said Committee, pay the
charges that have or may accrue in apprehending and
detaining them in custody, and give security to said
Committee in the sum of fifty Pounds each for their future
good behaviour.
Also, Resolved, That the said Daniel Stretch, Richard
Cayford and Nathaniel Dowdney be disarmed by the
said Committee.
This Committee received several resolutions and determinations
of the Continental Congress respecting raising
one new battalion in this Province. Erecting and establishing
a Court of Admiralty. Advising the forming
some useful regulations respecting the Continental forces
raised in this Colony; which requisitions, together with
many other important concerns render the speedy meeting
of the Congress of this Province, absolutely necessary.
This Committee have, therefore, appointed the
meeting of said Congress to be at New Brunswick, on
Wednesday, the thirty-first day of this instant, January.
The letter from Lord Stirling, recommending Matthias
Halstead to be commissioned First Lieutenant, and Yelles
Mead Ensign in Captain Joseph Meeker's company in
one of the battalions raised in this Colony, and the memorial
of Yelles Mead, claiming the First Lieutenant's
commission in said company, and of George Ross, the
third, claiming the Ensign's commission in said company,
with several recommendations accompanying the
same, were all read the second time: And being duly
considered,
Ordered, That Yelles Mead be commissioned First Lieutenant,
and George Ross, the third, Ensign of said company.
A memorial was presented from John Goldtrap, of the
County of Somerset, recommending the encouraging of
linnen(sic) and woolen manufactories in this Colony, was
read and referred to the next meeting of Congress.
Several memorials were presented to this Committee
for appointments in a battalion to be raised in this
Colony, which were read and filed, to be taken into consideration
at the meeting of Congress.
Adjourned till to-morrow morning at 9 o'clock.
Saturday, January 13th, 1776.
The Committee met.
The Committee having before them several resolutions
of the Continental Congress, of the second day of this
instant, January, among which are the following paragraphs:
"And, with respect to such unworthy Americans, as regardless
of their duty to their Creator, their country and
their posterity, have taken part with our oppressors, and
influenced by the hope, or possession of ignominious rewards,
strive to recommend themselves to the bounty of
administration, by misrepresenting and traducing the
conduct and principles of the friends of American Liberty,
and opposing every measure formed for its preservation,
and security;
Resolved, That it be recommended to the different Assemblies,
Conventions, and Committees, or Councils of
Safety, in the united Colonies, by the most speedy and
effectual measures to frustrate the mischievous machinations,
and restrain the wicked practices of these men.
And it is the opinion of this Congress, that they ought
to be disarmed, and the more dangerous among them,
either kept in safe custody, or bound with sufficient sureties
to their good behaviour.
And in order that the said Assemblies, Conventions,
Committees, or Councils of Safety may be enabled with
greater ease and safety, to carry this resolution into execution.
Resolved, That they be authorized to call to their aid,
whatever Continental troops, stationed in, or near their
respective Colonies, may be conveniently spared from
their more immediate duty; and the commanding officers
of such troops, are hereby directed, to afford the said
Assemblies, Conventions, Committees, or Councils of
Safety, all such assistance, in executing this resolution,
as they may require, and which, consistent with the good
of the service, may be supplied.
This Committee, do therefore most earnestly recommend
to the several Counties and Town Committees, of
this Province, to be vigilant and active, in carrying the
above resolution into execution; at the same time, recommending
the exercise of due moderation, and prudence
in the affair; requesting all officers of the militia, in this
Province, to aid and assist the said Committees, and to
execute such orders as they, or either of them shall receive
from the Committee of the County, or Township,
where they reside.
The letter from Richard Smith, Esq., with the enclosed
resolve of the Continental Congress, were read the second
time.
Ordered, That Richard Smith, Esq., deliver to the President,
or Vice President, the one thousand dollars, by
him received from the Continental Congress, mentioned
in said resolve. And that the said President, or Vice
President, lay out the same for fire arms, for the use of
the Continental troops, in this Colony.
Ordered, That John Posee, Esq., deliver the arms, by
him purchased, to Col, William Maxwell, or his order,
for the use of the Continental troops in this Colony,
Application was made from the Committee of the
County of Morris, to this Committee, recommending
Jacob Ford, Jr., to be commissioned Colonel; Ellis Cook,
Lieutenant Colonel; Cornelius Ludlow, First Major;
Eleazor Lindsley, Second Major, and John Doughty, Adjutant
of the eastern regiment of militia, in the County
of Morris.
Ordered, That commissions be issued, agreeable to the
above recommendation.
Ordered, That the prisoners of war, now in the barracks
at Trenton, be removed from thence, by the Committee
of Observation, of that town, to such convenient quarters
as they may be able to procure; in order that the
Continental forces may occupy the said barracks; and
that the expences in providing quarters for such prisoners,
be paid out of the provincial money in the treasury.
Ordered, That the President, write to the Continental
Congress, acquainting them, that the Congress of this
Province are to meet this month, at which time they will,
undoubtedly give all due attention to raising the battalion,
ordered in this Colony: This Committee having,
for weighty reasons, deferred issuing warrants, till meeting
of Congress; being formerly persuaded, that the appointment
of officers, by the Congress, will give much
greater satisfaction in the Colony, than if appointed by
this Committee; at the same time, recommend Azariah
Dunham, Esq., to be appointed Commissary, for supplying
such battalion when raised.
The Committee adjourned their present sitting.
Proceedings of Provincial Congress of New
Jersey.
—————
New Brunswick, Wednesday, Jan. 31, 1776.
The Congress of New Jersey, being summoned to meet
this day, at New Brunswick, a number of the members
met accordingly: But not being a sufficient number to
proceed upon business, they adjourned till to-morrow
morning 9 o'clock.
Thursday, February 1, 1776.
The Congress met, and the members of several Counties
being absent.
Adjourned till 2 o'clock, P. M.
Met according to adjournment.
The minutes of the last setting of Congress, and a
number of the printed military ordinances being come
to hand,
Ordered, That the said minutes, and military ordinances
be distributed in the several counties, as follows:
To Bergen County,
Essex County,
Middlesex County,
Somerset County,
Monmouth County,
Morris County,
Sussex County,
Hunterdon County,
Burlington County,
Gloucester County,
Salem County,
Cumberland County,
Cape May County
|
Minutes
66
74
87
90
106
72
59
136
107
76
67
38
16
|
Military Ordinances
33
37
43
45
53
36
30
68
53
38
33
19
8
|
An address and petition from the Committee of the County of Somerset, were presented to this Congress, desiring that householders, and others, not freeholders, who pay part of the taxes in this Colony, may be admitted to vote for Delegates, in the Provincial Congress, at future elections: and that said elections may be proceeded in by ballot; which were read and ordered a second reading.
Several petitions from the freeholders, and inhabitants, of the County of Essex, were presented to the Congress, desiring, that all persons, subject to taxation, in this Colony, may be admitted to vote at future elections, for Delegates in the Provincial Congress. And also praying, that money at interest, and other effects, may bear all equal proportion of the taxes: Which were read, and ordered second readings.
Two petitions were presented to the House from a number of the inhabitants of the County of Morris, praying, that in the appointment of officers to fill up the Battalion now to be raised, due attention be had to the abilities and qualifications of the officers; and that none be commissioned under the age of twenty-one years; which were read, and ordered second readings.
Mr. President laid before the Congress a letter he had received from Jacob Ford, Esq., a collector of the County of Morris, setting forth that a complaint had been made to the Committee of that county, against the subscriber, that he had written a letter to one of the precinct collectors, requesting him not to receive any Continental or Connecticut money, as the Treasurer had refused taking the same; certifying in said letter, that the reason of his making such a request to the precinct collector, was occasioned by John Smith, Esq., the Eastern Treasurer's refusing such money from the subscriber in payment of the taxes; which letter was read, and orderd a second reading.
Lieut. Col. Winds informed this Congress, that he was
stationed at Perth Amboy, with a part of the Eastern
battalion of the Continental forces raised in this Colony,
and that he was destitute of ammunition, and thought it
not improbable he might soon have occassion for a supply.
And this Congress being informed, that the County of
Somerset had a quantity of powder in store, and the
County of Middlesex a quantity of lead, in consideration
whereof
Ordered, That Mr. President request the Chairman of
the Committee of Somerset to furnish Colonel Winds
with four quarter casks of powder. And that he also request
the Chairman of the Committee of the County of
Middlesex, to furnish Colonel Winds with 150 pounds of
lead, and that the said powder and lead shall be replaced
in some convenient time.
Adjourned till to-morrow morning 9 o'clock.
Friday, February 2, 1776.
Congress met according to adjournment.
John Cary, Esq., Secretary to this Congress, not having
attended this sitting, and it being uncertain when he will
attend; and also whether he will incline to continue his
service if present, as he accepted his appointment last
sitting with great reluctance; and as Messrs. Clark and
Stewart declined officiating in Mr. Cary's room, as they
found such service interfered with the duty of their
stations as Delegates of the Congress, and as these reasons
operated equally against Mr. Cary's being taken from the
more immediate service of the Congress, while his time
and attention were taken up in the execution of his
office. Therefore,
Resolved unanimously, That William Patterson, Esq., be
appointed Secretary to this Congress.
William Maxwell, Esq., Colonel of the Western battalion
of this Colony, laid before this Congress certain
resolutions of the Continental Congress, recommending
the immediate arming Colonel Maxwell's battalion,
under orders to march to Canada, which were read and
filed.
Whereas the Continental Congress have ordered Colonel
Maxwell's battalion to march to Canada, as soon as
the men can be furnished with arms and other articles
absolutely essential; and whereas arms are extremely
scarce and indeed impossible to be procured in time for
the equipment of said battalion, without making application
to the several Counties in this Province.
Resolved, That the Committees or other public bodies,
in whose hands any of the New Jersey Provincial arms
and accoutrements are deposited, to deliver the same to
the commanding officer, of said battalion, or his order;
of whom they are required to take vouchers, with the
valuation of said arms, &c,, there under written; and
that this Congress will either immediately pay for said
arms, agreeable to appointment, or replace them as soon
as possible, whichever the said Committees, or public
bodies shall think most proper.
This Congress do in the most strong and explicit manner,
recommend to every private person who has arms,
fit for immediate use, to dispose of the same for the purpose
above mentioned.
Ordered, That copies of the above resolve be immediately
made and certified by the Secretary.
Ordered, That copies of the following letter, signed by
the President, be sent to the commanding officers, and
Chairman of the several County Committees in the
Province:
Gentlemen:— The late repulse at Quebec requires
every exertion of the friends of American freedom, in
consequence whereof Colonel Maxwell's battalion is
ordered to march forthwith, and the Continental Congress
have applied to our body, urging the greatest dispatch
in procuring arms and necessaries for this expedition.
Therefore in pursuance of the aforesaid application we
request you, gentlemen, to use the utmost diligence and
activity in collecting all the public arms belonging to
your County, being your proportion of the Provincial
arms unsold. Dispatch in this case is quite necessary,
as, no doubt the arms are distributed in the hands of the
associators, it will be necessary that every officer do his
part. The value of the arms will be paid in money, or
the number be replaced; and the expences of collecting
and forwarding them punctually discharged. We put
you to this trouble with regret; but the necessity of the
measure must apologise. You will have the arms collected
in your County, valued by good men and sent to
Burlington or Trenton, under the care of such officer of
Colonel Maxwell's battalion as may be the bearer hereof.
Adjourned till to-morrow 3 o'clock.
Met according to adjournment.
The question being put whether any officer in the
battalions already raised in this Province shall be advanced,
or appointed to any command in the battalion
now to be raised, it was carried in the negative.
Resolved, That this Congress shall on Monday next, go
into the appointment of officers for the third battalion of
this Province.
The proceedings of the Committee of Hillsborough in
the County of Somerset, against Peter Vroom of Piscataway
in the County of Middlesex, being transmitted to
this Congress, and read, ordered, that the charge against
said Vroom be now considered.
Peter Vroom being ordered to be brought before this
Congress attended accordingly, and the proceedings of
the Commiitee of Hillsborough were read in presence of
said Vroom, who confessed the charge therein exhibited,
and having offered matter in mitigation was ordered to
withdraw.
Resolved, That the determination of the charge exhibited
against Peter Vroom be deferred to some future day
in the present session, and that in the meantime he be
committed to the common gaol of the County of Somerset,
the keeper of which is hereby required to receive
and keep him in close confinement, until this Congress
take further order therein.
The memorial of the commissioned officers in the western
battalion of this Province, stationed at Burlington,
respecting the equipment of the men under their command,
was read and ordered a second reading.
Ordered, That Mr. Fisher, Mr. Dennis, Mr. Clark and
Mr. Pope be a Committee to prepare a draught of an ordinance
for appointing barrack masters in this Colony,
and making provision for defraying the expence of repairing
said barracks.
Ordered, That Mr. Hart, Mr. Mehelm, Mr. Ogden and
Mr. Brown be a Committee to prepare a draught of an
ordinance for erecting a Court of Admiralty in this Province.
Ordered, That the blankets belonging to the barracks
in New Brunswick be appropriated to the use of the Continental
forces; and that Mr. John Schuurman and Mr.
William Applegate of the town aforesaid, be requested to
ascertain the value of the said blankets, and to transmit
an account thereof to John Dennis, Esq., the Eastern
Treasurer.
Ordered, That the blankets belonging to the barracks
in Elizabethtown, be appropriated to the use of the Continental
forces; and that Mr. Edward Thomas and Mr.
Isaac Woodruff of the place aforesaid, be requested to
ascertain the value of the said blankets, and to transmit
an account thereof unto John Dennis, Esq., the Eastern
Treasurer.
Ordered, That the blankets belonging to the barracks
in Trenton, be appropriated to the use of the Continental
forces; and that Mr. Abraham Hunt, and Mr. Alexander
Chambers of the town aforesaid, be requested to ascertain
the value of said blankets, and to transmit an account
thereof to John Dennis, Esq., the Eastern Treasurer.
Ordered, That John Dennis, Esq. do receive of the commissary
the money arising from the sale of the blankets
belonging to the barracks in this province, and do account
with this Congress for the same.
On application of Capt. Peter Ten Eick, in favor of
Peter Vroom, and from the family circumstances of said
Vroom, it is resolved, that the former order of commitment
be remanded; and that the aforesaid Peter Vroom
be committed to the custody of Captain Peter Ten Eick,
who has pledged his parole of honor to bring said Vroom
before the Congress whenever required.
Adjourned to 9 o'clock to-morrow morning.
Saturday, February 3, 1776.
Congress met according to adjournment.
Ordered. That the blankets belonging to the barracks
in Perth Amboy be appropriated to the use of the Continental
forces, and that Mr. Samuel Sergeant and Mr.
Jonathan Deare, of the city aforesaid, be requested to ascertain
the value of said blankets, and to transmit an account
thereof to John Dennis, Esq., the Eastern Treasurer.
Samuel Tuthill, Esq. holding the commission of Lieutenant
Colonel of a regiment of light horse in this Province,
resigned the same.
Ordered, That the said resignation be accepted.
Jacobus Post, Esq. holding the commission of Major of
a regiment of light horse in this Province, resigned the
same.
Ordered, That the said resignation be accepted.
Ordered, That Abraham Ogden, Esq. be Lieutenant
Colonel and William Barnet, Esq. be Major of the regiment
of light horse in the eastern division of this Province;
and that commissions be made out accordingly.
The petition and remonstrance of the Committee of
the County of Bergen, respecting the seizure of arms belonging
to said County, by a detachment of Continental
troops in the first regiment raised in this Province, was
read, and ordered a second reading.
A petition from sundry inhabitants of Somerset, praying
that freeholders only may elect delegates in this
Province, was read, and ordered a second reading.
Lord Stirling, the Colonel of the first regiment of
militia in the County of Somerset, being appointed to a
command in the Continental army; therefore, ordered,
that Stephen Hunt, Esq. be Colonel, Abraham Ten Eick,
Esq. Lieutenant Colonel. James Linn, Esq. First Major,
and Derrick Meddagh, Esq. Second Major of the said
regiment, and that commissions be made out accordingly.
Adjourned till 2 o'clock.
Met according to adjournment.
The Monmouth County Committee having nominated
Mr, Thomas Barber, as Surgeon of the first regiment of
foot militia, in the County of Monmouth, ordered, that a
commission be made out accordingly.
Resolved uiianimously, That it is the opinion of this
Congress, that the money in the Eastern Treasury of this
Province, and the bonds, securities and other writing belonging
to said Treasury are at present, from their local
situation, very insecure, and exposed to danger; and that
therefore the same be immediately removed to New
Brunswick until this Congress take further order therein ;
and that Mr. Hart, Mr. Martin, Mr. Drummond, Mr. Potter
and Mr. Pope, be a committee to wait on the Treasurer
with a copy of the above resolve, and to carry the
same into effect.
Resolved unanimously, That the records in the Secretary's
office, at Perth Amboy, be immediately removed to
New Brunswick, until this Congress take further order
therein; and that Mr. Hart, Mr. Martin, Mr. Drummond,
Mr. Potter, and Mr. Pope be a committee to wait upon
Mr. Pettit with a copy of this resolve, and to carry the
same into effect.
Resolved unanimously, That the Committees, if they
should find it necessary, take to their assistance, Col.
Winds, or other Officers at Amboy, with the troops under
their command, for the purpose of removing the said
records and treasury, to the place appointed.
Adjourned till 10 o'clock Monday morning.
Monday, February 5, 1776.
Congress met according to adjournment.
A letter from Lord Stirling, inclosing several letters
respecting the loading of vessels in several parts of this
Province with lumber for the West India Islands, was
read; and on motion made, resolved unanimously, That
all County and Town Committees within this Province,
exert themselves to prevent any vessel within their several
districts, taking in any lading, or departing therewith,
from any port in this Province, contrary to the
General Association of the Continental Congress, unless
the master of such vessel produce a special license therefor,
duly authenticated from said Congress, agreeable to
a subsequent resolve thereof, or from the Congress or
Committee of Safety of this Province, signed by the
President or Vice President; and also that they particularly
attend to all imports into this Colony, that the resolutions
of the Continental Congress be duly observed;
and that the Militia of this Province do give all necessary
assistance to said Committee in their exertions
above mentioned, when called upon for that purpose.
And it is hereby recommended to the officers of the Continental
troops which are or may be in this Province,
also to assist in the above measures, when thereunto particularly
requested by the Committees aforesaid.
And it is further Resolved, That no County or Town
Committee within this Province, presume to grant any
license or permit for the exportation of any produce,
lumber or merchandize whatsoever, contrary to the said
General Association; and that a copy of the foregoing
resolves be immediately transmitted to the printers at
New York and Philadelphia, to be inserted in the public
papers.
Ordered, That a copy of the above resolves be sent to
the Right Honourable William, Earl of Stirling.
The petition of William Steel, praying that he may be
discharged, &c., was read the first time.
The Committee appointed to wait on Mr. Pettit, and
to remove the records in the Secretary's office at Perth
Amboy, made report, that they had waited on Mr. Pettit,
and, as ordered, had removed the books and records
mentioned in the schedule produced.
The Committee appointed to remove the money in the
Treasury, &c., made report, that they had waited on Mr.
Smith, with a copy of the resolve, who in the presence of
Jonathan Deare, Esq., (said to be a Notary Public) forbid,
and protested against the removal of the said money,
but that they had notwithstanding removed the same as
ordered.
A letter from Lord Stirling, inclosing an attested copy
of a letter written by Cortland Skinner, Esq., and directed
to Colonel William Skinner, in England, was read, and
said Skinner's letter referred for further consideration.
The proceedings of the Committee of Bethlehem, in the
County of Hunterdon, against Christopher Harrison, being
transmitted to this Congress and read;
Ordered, That the charge against said Harrison be postponed.
Adjourned to 2 o'clock, P. M.
Met according to adjournment.
A member of this House informing that Mr. Pettit and
Mr. Smith were desirous of being heard, respecting the
removal of the treasury and records from Amboy:
Ordered, That they be now heard.
Whereupon they were heard accordingly.
Resolved unanimously, That the eastern treasury, with
the bonds, securities and other writings thereunto belonging,
be removed to the house of Peter Schenck, Esq., in
the County of Somerset.
Resolved unanimously, That the eastern records and
books, removed by a late resolve of this Congress, from
the Secretary's office at Perth Amboy, to New Brunswick,
be further removed to Burlington, and lodged in the
Secretary's office at that place.
Ordered, That a copy of the following letter be signed
by the President, and sent to Mr. Pettit.
In Congress, New Jersey, }
New Brunswick, Feb. 5, 1776. }
Sir:— The papers, books and records mentioned and
contained in the schedule annexed, have been ordered
by this Congress to be removed from the Secretary's office
at Perth Amboy, and deposited in the Secretary's office
at Burlington, there to remain under your care. You are
hereby required to attend there on Thursday next, and
receive the same, and when received to give your acknowledgment
thereof accordingly.
Resolved unanimously, That the papers, books and records
in the Surveyor General's office at Perth Amboy, be immediately
removed to the house of Peter Schenck, Esq.,
in the County of Somerset; and that Mr. Van Boskirk
and Mr. Cook be a committee to wait upon Mr. Smith
with a copy of this resolve, and carry the same into effect.
Resolved unanimously. That the committee, if they
should find it necessary, do take to their assistance Major
Deare, or other officer, and the militia under his command,
for the purpose of removing the papers, books
and records in the Surveyor General's office at Perth
Amboy, to the place appointed.
Agreeable to the order of the day, for the appointment
of officers for the third battalion of this province,
the same was taken into consideration.
Ordered, That the said appointment be deferred till tomorrow.
The Congress resumed the consideration of the Bethelehem
Committee against Christopher Harrison, who,
being ordered to attend, was brought in accordingly, and
the charges exhibited against said Harrison were read;
in support of which. Captain Kehart was called upon as
a witness, and being duly sworn, did establish the same:
The said Harrison being heard, and having offered
matter in mitigation of his offence, was ordered to withdraw.
The Congress took the above charge against Christopher
Harrison into consideration, and after some debates
theron, referred the determination thereof until to-morrow
morning.
Adjourned till to-morrow morning, 9 o'clock.
Tuesday, February 6, 1776.
Met according to adjournment.
The Congress resumed the consideration of the charge
against Christopher Harrison, and,
Resolved, That said Christopher Harrison pay the expenses
accruing on apprehending him and bringing him
before this Congress, as the same shall be taxed by the
Committee of the Township of Bethlehem, in the County
of Hunterdon; that he give sufficient security to the said
Committee in the sum of 50 l. for his future peaceable
and good behaviour, and that he be disarmed, and remain
a prisoner in the common gaol of the County of
Somerset, until he comply with the above determinations:
To which place the guard which brought him before this
Congress, are required to convey him, and the keeper of
the gaol in said county of Somerset is requested to receive
said prisoner, and keep him in safe custody, as
abovesaid.
The petition of William Steele had a second reading,
and after some debate thereon, was referred for further
consideration.
The Committee appointed to draught a letter to the
Honorable Continental Congress, respecting the sale and
consumption of tea, made report, which was read, approved,
and ordered to be entered, and a copy to be engrossed
and signed by the President: The letter is in
following words:
In Provincial Congress, New Jersey, }
New Brunswick, February 6, 1776. }
Gentlemen:— "Induced by a report current in this
Province, that the honorable Continental Congress, had
agreed to allow the use of East India teas, many persons
have publicly sold that article, and the use of it is therefore
in danger of becoming more general.
"We did not hesitate to determine that common report,
often deceitful, and always uncertain, ought not to
be sufficient to contravene a known and established regulation;
but on a resolve being proposed for the purpose
of putting a stop to this growing evil, one of the members
informed us, that he heard several of the Continental
delegates publicly declare, it was agreed in Congress,
that no notice should be taken of the sale or use of East
India teas in the Eastern Colonies. Here indeed we
hesitated; and it being of great moment that every regulation
of the honorable Representative Body of the Continent
should be preserved inviolate, we must request,
that you will speedily inform us, whether any, or what
agreement has been made by you respecting the sale and
use of East India teas."
Ordered, That Mr. Fisher, Mr. Stewart and Mr. Clark
be a committee to draw up a draught of a publication
relative to raising the battalion in this Colony, recommended
by the Continental Congress.
Adjourned till 3 o'clock P. M.
Met according to acljoiirnment.
Mr. Fisher, from the committee appointed to draw up
a draught of a publication, respecting raising a battalion
in this Colony, reported the same, which was read, and
after several amendments were made, was agreed to, and
ordered to be engrossed, and is in the words following:
Province of New Jersey, in Congress, }
February 5, 1776. }
"Whereas, by a resolution of the honorable Continental
Congress, a third battalion is recommended immediately
to be raised in this Colony, for the service and at
the expense of the United Colonies, consisting of eight
companies, and each company of seventy-eight privates,
and officered with one Captain, two Lieutenants, one Ensign,
four Sergeants, and four Corporals; which recommendation,
this Congress, being desirous fully to comply
with, do therefore resolve. That officers of the said battalion
be immediately recommended for commissions;
and that the Captains and Subalterns be appointed; and
warrants issued for the enlisting the aforesaid complement
of men.
Resolved, That agreeable to the recommendation of the
said Honorable Continental Congress, the recruiting officer
enlist none but healthy, sound and able-bodied freemen,
not under sixteen years of age; the form of the
enlistment to be in the following words:
"I
have this day enlisted myself as a
soldier in the American Continental Army for one year,
unless sooner discharged; and do bind myself to conform
in all instances to such rules and regulations as are
or shall be established for the government of the said
army."
Resolved, That no apprentice whatsoever be enlisted
within this Colony, without the consent of his master or
mistress first obtained in writing: And that every person
under the age of twenty-one .years, enlisting himself as
aforesaid, may within twenty-four hours after their parents
or guardians shall have notice of such enlistment,
obtain his discharge, by refunding the money received
from the recruiting officer, and returning such necessaries
as may have been supplied him by the officer, or the
value thereof in money.
That as to the pay and subsistence of said officers and
soldiers, the same is fixed and ascertained by the said
Continental Congress.
That it be recommended to the officers of said battalion
to pay the strictest attention to the behaviour of the
troops, in quarters or on their march, that they give no
reasonable cause of complaint.
And it is further directed, that where any company
shall be enlisted, the captains having warrants for raising
the same, shall cause a muster to be had thereof in
the presence of Azariah Dunham, John Mehelm, Joseph
Ellis, or Edmond Thomas, Esquires, who are hereby appointed
Muster-masters to review the said Companies,
and administer an oath to such Captains, in the words
following; which the said Captains respectively are required
to take, viz.:
"I, A. B. do solemnly swear, that all the men whose
names are entered in the muster roll by me produced,
are truly and bona fide enlisted, and so far, as I know or
believe, intend going in the service of the United Colonies
in the 3d battalion raised or raising in this Colony.
So help me God."
And if upon such review, the Muster-master, who
shall attend for that purpose, shall obtain the abovesaid,
oath, or (if of the people called Quakers) an affirmation
to the same effect; and also find the said complete, agreeable
to the above directions, shall thereupon certify the
same on the back of the muster roll of such company to
this Congress, or in their recess to the Committee of
Safety, in order that commissions may be made out to
the officers of such company; which commissions the
Committee of Safety of this Colony during the recess of
this Congress, upon receiving certificates as above, are
required to make out and deliver. And it is hereby
recommended to the inhabitants of this Colony to be
aiding and assisting, as far as their influence extends, in
raising the aforesaid levies.
By order of the Congress.
Samuel Tucker,
President.
Attested,
William Patterson,
Secretary.
On motion made,
Resolved unanirmously, That the following gentlemen be
recommended by this Congress to the Honorable the
Continental Congress as proper persons for field officers
of the third battalion to be raised in this Colony, (to wit)
Elias Dayton, Colonel; Anthony Walton White, Lieutenant
Colonel; and Francis Barber, Major.
Ordered, That the President do sign an attested copy
of this resolution, and transmit the same to the Continental
Congress.
A petition from sundry inhabitants of the County of
Middlesex, praying, that money at interest may be taxed,
was read, and ordered a second reading.
Ordered, That William Steele, confined in the gaol of
New Brunswick, be brought before this Congress, and
now heard.
Whereupon he was brought in accordingly.
The offence of which he was accused being read to said
Steele, he acknowledged the same; which being duly
considered.
Resolved, unanimously, That the said Steele be discharged
from his present confinement, upon his paying the cost
of the present prosecution, as the same shall be taxed by
the Committee of the South Ward of New Brunswick,
and give his obligation to the said Committee in the sum
of fifty Pounds for his future peaceable and good behaviour,
and yield up to the Chairman of said Committee
all his arms of defence, to remain in custody of said
Committee until they shall judge it proper to redeliver
them.
Ordered, That Mr. Demarest do attend the papers,
books and records removed from the Secretary's office at
Perth Amboy, and deliver the same to Charles Pettit,
Esq., on Thursday next at Burlington; on delivery
whereof, he is hereby required to take Mr. Pettit's receipt,
agreeable to an order of this Congress.
John Dennis, Esq., laid before this Congress, an appraisement
of the blankets in the barracks at New
Brunswick, by John Schurman and William Applegate,
which is in the words following:
New Brunswick, February 6, 1776.
In pursuance to order of the Provincial Congress,
directed to us the subscribers, for appraising all the
blankets in the barracks at New Brunswick, we find as
follows:
|
Blankets, which we value at
do " " " "
do " " " "
Proclamation,
|
|
|
|
|
John Schurman,
William Applegate.
To John Dennis, Esq.
Congress adjourned till to-morrow morning, 9 o'clock.
Wednesday, February 7, 1776.
Congress met.
A petition from sundry inhabitants of Morris County,
praying, that money at interest may be taxed, and that
all persons taxed may have voices in elections, was read,
and ordered a second reading.
A letter from the Committee of Safety of Pennsylvania
to this Congress, was read, and ordered a second reading
to-morrow morning.
Nathaniel Scudder and David Furman's report of the
cargo, &c., of the sloop Polly and Ann, was laid before
the Congress, and read, and ordered to be filed.
Adjourned till 3 o'clock in the afternoon.
Met according to adjournment.
The Congress proceeded to the election of officers in
the third battalion, when the following persons were
chosen by ballot:
Samuel Potter, Captain, Rinear Blanchard, Lieut.,
Josiah Quimby, 2d Lieut., Cornelius Hennion, Ensign.
Thomas Patterson, Captain, John Mott, 1st Lieut., Wm.
M'Daniel, Jun,, 2d Lieutenant, Edward Patterson, Ensign.
John Ross, Captain, Edward M'Michael, 1st Lieutenant,
Richard Cox, Jun., 2d Lieutenant, Thomas Coachey,
Ensign.
Wm. Eugene Imlay, Captain, Richard Lloyd, 1st Lieutenant,
Daniel Pierson, 2d Lieutenant, Edgar Gaulidet,
Ensign.
Peter Dickinson, Captain, Stephen Dunham, 1st Lieutenant,
David Tuttle, 2d Lieutenant, William Tenbrook,
Ensign.
Thomas Reading, Captain, John Anderson, 1st Lieutenant,
Ralph Guild, 2d Lieutenant, John Hagan, Ensign.
Joseph Bloomfield, Captain, Josiah Seely, 1st Lieutenant,
William Gifford, 2d Lientenant, Ebenezer Elmer,
Ensign.
Anthony Sharp, Captain, Samuel Flanagan, 1st Lieutenant,
Samuel Hazlett, 2d Lieutenant, Nathaniel Leonard,
Jun., Ensign.
Ordered, That warrants be signed by the President, and
attested by the Secretary, do issue to the above named
persons, to enlist men for the third battalion.
Samuel Shepherd was unanimously appointed Adjutant
for said battalion.
Adjourned till 9 o'clock to-morrow morning.
Thursday, February 8, 1776.
Congress met.
The representation of the County Committee of Salem,
touching the origin, progress, and present state of the
disturbances in said County, was laid before the Congress
and read: Whereupon Doctor Samuel Dick was
notified, in pursuance of an order of the Committee of
Safety of the 11th day of January last, attending, came
before Congress, and after some time spent in hearing
his defence against said representation, the Congress
postponed the furiher hearing thereof, till to-morrow.
The Resolution of the Justices and Freeholders, County
Committee and field officers, of Middlesex, purporting,
that they would furnish Colonel Maxwell's battalion
with fifty stand of arms, &c., was read; whereupon it is
ordered, that Mr. Martin, Mr. Camp and Mr. Pope be a
Committee to inspect said arms, and to report thereon.
Adjourned to 3 o'clock, afternoon.
The Congress met, and adjourned to 9 o'clock to-morrow
morning.
Friday, February 9, 1776.
Congress met.
Ordered, That commissions do issue to Mathias Ward,
Lieutenant Colonel, David Conduit, Major, and Samuel
Hays, Adjutant in the first battalion of the second
regiment of militia in the County of Essex, whereof
Philip Cortlandt, Esq , is Colonel. A return of the
Captains and subalterns in said battalion was read and
filed, and commissions ordered to made be out according
to said return.
Ordered, That a commission do issue to Richard Stites,
Esq , Captain of a company in the first regiment of foot
militia, in the County of Somerset. The same was made
out accordingly.
A petition from sundry inhabitants of Middlesex
County, praying, that money at interest may be taxed,
was read, and ordered a second reading.
A letter from Mr. Smith, respecting his officiating as
treasurer, was received and read, and ordered a second
reading.
The Congress proceeded to the further hearing of the
defence against the representation of the County Committee
of Salem, and also what might be offered in support
thereof, but not having time fully to hear both parties,
the said hearing was further postponed to the afternoon.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The Congress again proceeded to hear the proofs and
arguments for and against the allegations contained in
the representation of the County Committee of Salem,
and referred the consideration thereof till to-morrow
morning.
A petition and remonstrance of the inhabitants of
Salem, respecting representation in Congress, were presented
and read, and ordered second readings.
Adjourned till 9 o'clock to-morrow morning.
Saturday, February 10, 1776.
Met according to adjournment.
Whereas by an ordinance of this Congress, passed at
Trenton, the 28th day of October last, the Commissioners
therein named and appointed to purchase fire arms and
military store, were particularly restricted in the price to
be paid for said fire arms, whereby the manufactory
thereof hath been greatly impeded; for remedy whereof,
it is resolyed unanimously, that the said Commissioners
have full power immediately to proceed in contracting
for fire arms upon the best terms in their power, without
any limitation or restriction, and that this Congress will
in convenient time pass an ordinance for that purpose.
The memorial of William Patterson and Frederick
Frelinghuysen, officers in the Somerset battalion of minute
men, praying that some further regulation be made
for the equipment and government of said men, was
read, and ordered a second reading.
The memorial of Thomas Reading nominated Captain
in the third battalion ordered to be raised in this Province,
for the service of the United Colonies, praying,
that he may be senior Captain in said battalion, was read,
and ordered a second reading.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The memorial of Thomas Reading, praying that he
may be senior Captain in the third battalion, was read a
second time; and after some debate thereon, the previous
question was demanded and put. Whether this Congress
will now go into the appointment or not? It was carried
in the negative.
The Congress proceeded to the election of a Quarter-master
for the third battalion, when William Norcross
was chosen to that office.
Cyrus Dehart having resigned his office of Ensign in
Capt. Howel's company in the first battalion, Jacob
Kemper was appointed ensign in said company in his
stead.
As William Tenbrook, appointed an Ensign in Captain
Dickinson's company, refused to accept said appointment,
Francis Du Clos was elected Ensign in said company.
The Congress resumed the consideration of the representation
from the County Committee of Salem; and it
appearing that there is a sufficient number of associators
in the County of Salem to form two battalions:
Therefore resolved unanimously, That it be recommended
to the Committee of said County, to divide the said
County into two districts, and that in each district a battalion
be formed, and a list of the officers nominated to
command each battalion, be presented by the said County
Committee to this Congress, or Committee of Safety, in
order ihat commissions may be granted.
On motion.
Ordered, That the following letter be sent to the Continental
Congress:
In Provincial Congress, New Jersey, }
New Brunswick, Feb. 10, 1776, )
Gentlemen:— Sensible of the importance that the battalions
raised in this Province should be as speedily as
possible furnished with arms, we collected for the supply
of the First and Second battalions, all the arms fit for
service that could be obtained in this Province: We have
therefore no resource of providing arms for the Third
battalion, but from our own manufactories or importation.
How soon they can be manufactured, is uncertain;
and we have no present prospect of receiving them from
abroad. But being informed that two thousand stand
have been lately imported, and that they are within
your disposal, we should be glad that part of them may
be ordered for the use of the Third battalion, unless some
more immediate public service calls for them.
We beg leave to propose, whether it would not be advisable
to clothe the battalions now raising in uniform,
deducting the expence attending it out of the men's
wages.
We are informed, that considerable quantities of powder
are lately arrived; and it being probable, that the assistance
of the militia of this Province may be speedily
wanted for the defence of this or a neighbouring Colony ;
we request the favour of your assistauce in supplying us
with ten tons of gun powder, and twenty tons of lead, or
as much as may be spared.
On a requisition from Lord Stirling, the Committee of
Elizabethtown have furnished him with six thousand
cartridges, — Somerset County, four quarter casks of
powder, — Woodbridge, a considerable quantity, — and
Brunswick one hundred and fifty weight of lead. Our
militia are very illy supplied with ammunition, those
who have granted the above supplies, are therefore very
desirous that they may be immediately replaced.
Adjourned till 9 o'clock Monday morning.
Monday, February 12, 1776.
Met according to adjournment.
The memorial of John Neilson, Colonel of the Middlesex
battalion of minute-men, praying, that they may be
placed on some more respectable footing, &c., was read,
and ordered a second reading.
The letter from the Committee of Safety of Pennsylvania,
setting forth the expediency of raising artillery
companies, was read the second time and after some debates
thereon, was referred for further consideration.
A letter from the Committee of Safety of New York,
requesting that this Congress would order a detachment
of militia immediately to guard the live stock on Staten
Island, and otherwise secure that place from depredations,
was read and considered; and
On motion,
Resolved unanimously, That upon the requisition of the
Committee of Safety of New York now made to this Congress,
a detachment of volunteers, consisting of 300 of the
militia of the County of Middlesex, 300 of the militia of
the County of Essex, and 100 of the militia of the county
of Somerset, be ordered immediately to march to Staten
Island, under the command of Colonel Nathaniel Heard,
Lieut. Colonel Edward Thomas, and Major John Dunn,
to prevent the enemy from landing on said island, and
carrying off live stock and provisions; and that each
man furnish himself with at least four days provision;
which said detachment is to remain on said island until
further orders from this Congress, not exceeding one
month; and that the said forces shall be provided for
with provisions during their stay, and be paid the same
wages while on duty as are paid to the Continental forces.
Resolved unanimously, That Azariah Dunham be Commissary
to supply the above detachment with provisions
and other necessaries.
Ordered, That Mr. Wetherill, Mr. Stewart, Mr. Ogden,
Mr. Cary, and Mr. Ellis, be a Committee to draught the
instructions for Colonel Heard, and a letter to the Committee
of Safety of New York.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
A petition of Captain Joseph Badcock, in the County
of Somerset, enclosing a list of the names of certain persons
in his company who refused to sign a muster-roll,
praying the advice of this Congress therein, was read,
and ordered a second reading.
A representation from the Committee of Elizabethtown,
setting forth. That many persons are continually removing
into this Province, who may perhaps be unfriendly
to the cause of American freedom; and praying, that
some regulations be made therein, was read; and after
some debates, was referred to Mr. Dennis, Mr. Clark, and
Mr. Martin, to bring in an ordinance for the purposes
prayed for.
The Committee appointed to draw the draught of a
letter to the Committee of Safety of New York, and also
instructions to Colonel Heard, brought in said letter and
instructions; which being read and amended, were both
agreed to, engrossed, and signed by the President.
The Committee appointed to inspect the arms furnished
Colonel Maxwell's battalion, by the Justices and Freeholders,
County Committee and field officers of Middlesex,
made report, which was read, and ordered to be filed.
A Memorial of Dr. Treat, praying that his bill for
attending the sick soldiers in Colonel Maxwell's battalion,
may be paid, was read, and ordered a second reading.
Richard Bowlsby, Esq., against whom a complaint was
exhibited before the Committee of the Township of Mansfield-Woodhouse,
in the County of Sussex, for opposing
the present measures; being referred by said Committee
to this Congress and brought under a guard, was ordered
to attend. The charge was read, and witnesses called in
support of it. After which witnesses were also called
and interrogated on the part of the said Bowlsby, who
made his defence, and being fully heard, was ordered to
withdraw.
The said Committee of the Township of Mansfield-Woodhouse,
before whom a complaint was also exhibited
against Dr. Andrew M'Cleney, referred said complaint to
this Congress: The delinquent being brought under a
guard, was ordered to attend; the complaint against him
was read, his defence heard, and then by order he withdrew.
The above charges were referred for further consideration.
Adjourned till 9 o'clock to-morrow morning.
Tuesday, February 13, 1776.
Met according to adjournment.
The Committee of Cape May made return of militia
officers, which was read and ordered to be filed.
The Congress resumed the consideration of the charge
against Richard Bowlsby, Esq., and after some time
spent therein,
Resolved, That said Bowlsby pay the costs of the present
prosecution, to be taxed by the County Committee
of Sussex, and give obligation to the Chairman of said
Committee in the sum of five hundred Pounds for his
good behaviour in future; and that he yield up to said
Chairman all his arms and weapons of defence, to remain
in custody of said Chairman until said Committee shall
judge it proper to re-deliver them. And, on non compliance
herewith, the said Bowlsby be committed to the
keeper of the common gaol of said County, who is hereby
ordered to keep him in close confinement. This Congress
do deem it advisable that the said Richard
Bowlsby forthwith desist from the execution of his office,
as magistrate, until by his future good behaviour, to be
judged of by said Committee, he denotes his penitence,
and renders himself worthy of the confidence of the
public.
Ordered, That the said Richard Bowlsby be reconducted
to the Chairman of the County Committee of
Sussex, by Capt. Abraham M'Kinney, to be dealt with as
is above directed.
The Congress resumed the consideration of the charges
exhibited against Dr. Andrew M'Cleney, and after some
time spent therein.
Resolved, That said M'Cleney pay the costs of the present
prosecution, to be taxed by the County Committee of
Sussex, and give obligation to the Chairman of said
Committee, in the sum of fifty Pounds for his good behaviour
in future, and that he yield up to said Chairman
all his arms and weapons of defence, to remain in custody
of said Chairman until said Committee shall judge
it proper to re-deliver them; and on non-compliance
herewith, that said M'Cleney be committed to the keeper
of the common gaol of said city, who is hereby ordered
to keep him in close confinement.
Ordered, That the said Andrew M'Cleney be re-conducted
to the Chairman of the County Committee of
Sussex, by Capt. Abraham M'Kinney, to be dealt with as
is above directed.
Ordered, That the County Committee of Sussex, do report
their proceedings on the resolutions of this Congress
against Richard Bowlsby, Esq. and Andrew M'Cleney, to
the present or some future Congress, or, during their recess,
to the Committee of Safety of this Colony.
Petitions of sundry inhabitants of Essex, praying, that
money at interest may be taxed, and that all persons
taxed may have voices in future elections, were read, and
ordered second readings.
This Congress being of opinion that if two Commissaries
be appointed for supplying the New Jersey forces
in the Continental service, it would be of considerable
advantage to that service, do
Resolve, That Colonel Dunham, who lives in the Eastern
Division of New Jersey, be recommended to the
Honorable Continental Congress as a person well qualified
to be appointed joint Commissary with Colonel Lowrey,
who lives in West Jersey, for the Third Battalion,
now raising, and such as shall be raised in this Colony
in future.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
A remonstrance of the County Committee of Monmouth,
praying that the qualification of electors may
not be concluded upon during the present session; was
read, and ordered a second reading.
Resolved, That on Friday next this Congress will go
into the consideration of the qualification of electors.
The Congress resumed the consideration of the letter
from the Committee of Safety of Pennsylvania, recommending
the forming one or more artillery companies in
this Colony; and after some deliberation thereon, the
same, and all other means of defence necessary for this
Colony, with the ways and means for defraying the expence
thereof, was referred to a Committee of the whole
Congress.
The Congress accordingly resolved itself into a Committee
of the whole, on the necessary means of defence
for this Colony. After some time spent therein, Mr.
President resumed the chair, and Mr. Fisher, Chairman
of the Committee, reported, that said Committee had
come to the several Resolutions following:
Resolved, That a train of artillery, consisting of 12
field pieces, be immediately purchased for the use of this
Colony.
Resolved, That two complete artillery companies be
raised in this Colony.
And whereas by a former ordinance of this Congress,
the sum of 30,000 Pounds was directed to be emitted in
paper bills of credit, which bills are not yet printed; and
whereas from the present alarming state of public
affairs, it is probable that a larger sum may be wanted:
Therefore, Resolved, That in lieu of the said 30,0U0
Pounds there he now struck in paper bills of credit the
sum of 50,000 Pounds.
Resolved, That for the above purpose, a new ordinance
be immediately prepared for striking the said 50,000
Pounds and directing the manner of sinking the same;
as also to provide the several articles of defence mentioned
in the former ordinance, and such other articles
as may be deemed proper and necessary.
To which several resolves the Congress agreed.
Resolved, That this Congress will to-morrow morning
go into the election of Deputies, to represent this Province
in Continental Congress.
Ordered, That Mr. Clark, Mr. Dennis, Mr. Stewart, Mr.
Carey, and Mr. Ogden, be a Committee to prepare an
ordinance for striking 50,000 Pounds and also draught a
letter in answer to the Committee of Safety of Pennsylvania.
Adjourned till to-morrow morning, 9 o'clock.
Wednesday, February 14, 1776.
Congress met according to adjourment.
A letter from the Honorable John Hancock, Esq., requesting
that detachments of minute men, equal to a
battalion, be immediately armed and accoutered, and
sent to New York, to act under Major General Lee, was
read, and ordered a second reading.
Mr. Demarest appointed to deliver the papers, books,
and records, removed from the Secretary's office at Perth
Amboy, to Mr. Pettit at the Secretary's office at Burlington,
and to take receipt therefor; made report of such
delivery, which was read, and ordered to be filed.
Agreeable to the order of the day, the Congress proceeded
to elect Delegates to represent this Province in
Continental Congress; which election being made, it is
thereupon.
Resolved, unanimously, That William Livingston, John
DeHart, Richard Smith, John Cooper, and Jonathan Dickinson
Serjeant, Esquires, be Delegates to represent this
Province in the Continental Congress for the space of one
year, or, until others shall be legally appointed in their
stead; and that they, or any three or more of them,
have full and ample power to consent and agree to all
measures, which such Congress shall deem necessary.
And this Province bind themselves to execute to the utmost
of their power, all Resolutions which the said Congress
may adopt. And further, if the said Congress shall
think necessary to adjourn, we do authorize our said
Delegates, to represent and act for this Province in any
one Congress to be held by virtue of such adjournment
during their delegation.
On motion,
Resolved unanimously, That the thanks of this Congress
be returned to the several gentlemen, who have represented
this Colony in the Honourable Continental Congress,
for their faithful discharge of the important trust
reposed in them; and that the President do transmit the
same accordingly.
On motion,
Resolved unanimously, That Mr. Lewis Dunham be
recommended by this Congress to the Honourable Continental
Congress, as Surgeon, and Mr. Thomas Read, as
Surgeon's Mate, for the Third battalion now raising in
this Colony.
Resolved unanimously, That this Congress will make
provision for defraying the expences of the gentlemen
appointed to represent this Colony in Continental Congress.
Adjourned till 3 o'clock in the afternoon.
Met according to adjournment.
Ordered, That Mr. Fisher, Mr. Mehelm, Mr. Drake and
Mr. Brown, be a Committee to prepare an Ordinance for
exempting persons, who enlist in the service of the
United Colonies from being arrested.
Ordered, That Mr. Covenhoven, Mr. Ellis, Mr. Hughs
and Mr. Elmer, be a Committee to prepare an Ordinance
for numbering the inhabitants of this Colony, pursuant
to the direction of the Continental Congress.
The Committee appointed to prepare a draught of an
Ordinance for appointing Barrack-masters in this Province,
and making provision for defraying the expence of
repairing said barracks, brought in the same; which was
read, and ordered a second reading.
On motion,
Ordered, That Moses Scot be Surgeon to the Second
regiment of foot militia, in the County of Middlesex,
under the command of Colonel Whetherill.
On motion.
Ordered, That Oliver Barnet, Esq., be Surgeon to the
Fourth regiment of foot militia in the County of Huhterdon,
under the command of Colonel Mehelm.
Adjourned till 9 o'clock to-morrow morning.
Thursday, February 15, 1776.
Met according to adjournment.
The letter from the Hon. Continental Congress of the
12th instant, was read the second time, and is in the
words following:
Gentlemen:— The arrival of troops at New York, the
importance of that place to the welfare of America, and
the necessity of throwing up a number of works to prevent
our enemies from landing and taking post there,
render it necessary, that a number of troops should immediately
join Major General Lee; I am therefore desired
to apply to you, and request you would with all
possible expedition send detachments of your minute
men, equal to a battalion, under proper officers, and well
armed and accoutered, to New York, there to be under
the command of General Lee.
Your approved zeal in the cause of your country, gives
me the strongest assurance, that you will with alacrity
embrace this opportunity of giving aid to your neighbours,
and that your people will cheerfully engage in a
service, by which they will not only render a very essential
service to their country, but also have an opportunity
of acquiring military skill and knowledge in the construction
of field works, and the method of fortifying and
entrenching camps, by which they will be the better able,
when occasion calls, to defend their rights and liberties.
I am, Gentlemen
Your obedient humble servant,
John Hancock,
President.
Honourable Convention
of New Jersey.
The Congress taking the above letter into consideration,
and desirous of doing every thing in their power to
promote the common cause, do
Resolve, unanimously, That the above requisition be
complied with, and that detachments of minute-men
properly accoutred, equal to a battalion in the Continental
service, be immediately made, and marched to New
York, under the command of Charles Stewart, Esq.,
Colonel; Mark Thompson, Esq., Lieutenant Colonel;
Frederick Frelinghuysen and Thomas Henderson, Esqrs,,
Majors:
And that said battalion, when joined with the Continental
forces, be under the command of Major General
Lee. Which battalion, by a resolution of the Continental
Congress, of the 25th of October last, shall be entitled to
the same pay while on service, as allowed to the Continental
troops, and furnished with provisions in the same
manner.
And this Congress do recommend to the Committees
in particular, and to the inhabitants in general of this
Colony, to afford all the assistance in their power in
raising and equipping said battalion.
The Committee of the Township of Maidenhead in the
County of Hunterdon, made return of persons who signed
the Association, as well as those who refused, which was
read, and ordered to be filed.
The Committee appointed to draught an ordinance for
erecting a Court of Admiralty in this Province, reported.
That they had consulted William Livingston, Esq., one
of our Delegates in Continental Congress on the subject,
and proposed to him, whether it would not be of manifest
advantage to the Colonies, if that Congress should,
by one general ordinance, institute the powers and mode
of erecting a Court of Admiralty to be adopted by all the
Colonies: That Mr. Livingston agreed thereto, and said
he would take the first opportunity of proposing this
matter in Congress; and added, that as they had already
given directions for the disposition of the transport lately
carried into Elizabethtown, no injury could ensue to the
public from the New Jersey Congress deferring the erecting
a Court of Admiralty in this Province, until they
are informed whether the Continental Congress will
direct a general ordinance for the purpose: And the
Committee submit it to consideration of the Congress,
whether it will not, for the above reasons, be expedient,
that the said Committee should for the present defer
further proceedings in the business to which they were
appointed.
The Congress taking the said report into consideration,
Ordered, That further proceedings of the said Committee
be deferred accordingly.
Charles Roberts, by an order of the County Committee
ot Somerset, directed to Major Frederick Frelinghuysen,
was brought before this Congress. The charge exhibited
against said Roberts, was read, who having made his
defence, and being fully heard, was ordered to withdraw.
The Congress having duly considered said charge, do
Resolve, That said Charles Roberts pay the costs of the
present prosecution, to be taxed by the County Committee
of Somerset, and give obligation, with surety, to the
Chairman of said Committee, in the sum of 150 l. for his
good behaviour in future; that he yield up to said
Chairman all his arms and weapons of defence, to remain
in custody of said Chairman until the said Committee
shall deem it proper to re-deliver them; and, on noncompliance
herewith, that the said Roberts be committed
to the keeper of the common gaol of said county, who is
hereby ordered to keep him in close confinement during
such non-compliance.
Ordered, That the said Charles Roberts be reconducted
to the Chairman of the County Committee of Somerset,
by Major Frederick Frelinghuysen, to be dealt with as is
above directed.
A letter from the County Committee of Somerset, setting
forth, That they think it expedient, some measure
should be taken to fortify Perth Amboy, was read, and
ordered a second reading.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
A petition from sundry inhabitants of Somerset, praying
that none but freeholders may be qualified to elect
deputies to represent them in Congress, was read and
ordered a second reading.
A memorial from the County Committee of Monmouth,
praying. That some mode may be prescribed for keeping
Minute Companies on foot, was read, and ordered a
second reading.
Adjourned till 9 o'clock to-morrow morning.
Friday, February 16, 1776.
Met according to adjournment.
A petition from the inhabitants of the city of New
Brunswick, praying, That they may be admitted as well
as freeholders, to vote for deputies in Congress, was read,
and ordered a second reading.
A petition of the committee for the town of Newark,
in the county of Essex, setting forth, that a dispute had
arisen between said committee and the County Committee
of Essex, respecting the appropriation of said townships
part of the £10,000 tax; praying, that this Congress
would take some order therein, was read, and ordered
a second reading.
Ordered, That Mr. Carey, Mr. Mehelm and Mr. Martin
be a committee to prepare the draft of an ordinance directing
the manner of signing the general association by
persons of tender consciences; and for further regulating
the militia of this Colony.
Adjourned to 2 o'clock in the afternoon.
Met according to adjournment.
The several petitions from the different Counties in
this Province, praying, That householders, &c., may be
qualified to vote for Representatives in Congress; the
petition of the County Committee of Monmouth, praying
that the Congress would not at present decide upon
the qualifications of electors; and also the two petitions
from several of the inhabitants of the County of Somerset,
praying. That freeholders only may elect deputies for
Congress, were all read the second time; and the Congress,
agreeable to the order of the day, taking into consideration
the subject matter of the said several petitions,
and after duly deliberating thereon, the question was
put. Whether every person of full age, who hath immediately
preceding the election, resided one whole year in
any County of this Colony, and is worth at least fifty
Pounds in real or personal estate, shall be admitted to
vote in the County wherein he resides, for Representatives
in Provincial Congress, or not? It passed in the
affirmative, as follows:
Yeas—
Essex County,
Middlesex County,
Morris County,
Hunterdon County,
Sussex County,
|
Burlington County,
Gloucester County,
Salem County,
Cumberland County,
|
Nays—
Bergen County,
Somerset County,
|
Monmouth County,
Cape May County.
|
Ordered, That Mr. Clark, Mr. Garden, Mr. Elmer, Mr.
Stewart and Mr. Carey be a committee to prepare an ordinance
for the above purpose; and also to ascertain the
qualifications of Representatives to serve in Congress.
The petition of the Committee for the Township of
Newark, in the County of Essex, was read the second
time; and the gentlemen attending in behalf of the
Committee of the County of Essex, requesting that the
hearing the matter alledged in said petition may be
deferred till Thursday next.
The said hearing was deferred accordingly.
Ordered, That both parties do attend this Congress on
Thursday next, at two o'clock in the afternoon, to be
heard for and against said petition.
Adjourned till 9 o'clock to-morrow morning.
Saturday, February 17, 1776.
Met according to adjournment.
The Committee appointed to prepare an Ordinance for
striking 50,000 l. &c., brought in the same, which was
read, and ordered a second reading.
Ralph Guild, having returned his warrant for enlisting
men, as 2d Lieutenant in Captain Reading's company,
Jeremiah Ballard was nominated as 2d Lieutenant
in that company.
A petition of officers and privates of the company
whereof George Taylor, Esq., was Captain at the time of
being elected Colonel; praying, that he may occupy both
offices, was read, and ordered a second reading.
Joshua Corshon, Esq., having, on account of his infirmity,
resigned his commission of Captain in the 3d
regiment of foot militia in the County of Hunterdon,
whereof Nathaniel Hunt, Esq., is Colonel; Ordered, that
said resignation be accepted, and that the company
immediately proceed to the election of a Captain.
The Committee appointed to prepare an Ordinance, to
fix the Qualification of electors of Deputies, &c., brought
in the same, which was read, and ordered a second
reading.
The Committee appointed to prepare an Ordinance for
exempting persons who enlist in the service of the United
Colonies, from being arrested, brought in the same;
which was read, and ordered a second reading.
The Committee appointed to prepare a draught of an
Ordinance, directing the manner of signing the general
association, &c., and for further regulating the militia of
this Colony, brought in the same; which was read, and
ordered a second reading.
Ordered, That Dr. William Burnet be Surgeon for the
Second regiment of foot militia in the County of Essex;
and that Dr. Uzal Johnston be Surgeon for the First battalion;
and Dr. Nicholas Roach be Surgeon for the Second
battalion of said regiment; and that commissions be
issued accordingly.
Ordered, That Dr. Abraham Van Boskirk be Surgeon
for the regiment of foot militia in the County of Bergen;
and that a commission be made out accordingly.
Adjourned till 9 o'clock Monday morning.
Monday, February 19, 1776.
Met according to adjournment.
Ordered, That Dr. Timothy Jones be Surgeon for the
Eastern regiment of foot militia in the County of Morris ;
and that a commission be made out accordingly.
The Committee to whom the representation from the
Committee of Elizabethtown was referred, brought in an
Ordinance for preventing persons deserting places in
danger of being attacked, and for restraining such as are
dangerous to the common cause, from taking refuge in
this Colony; which was read, and ordered a second
reading.
The draught of an Ordinance for appointing Barrack
masters in this Province, and making provision for defraying
the expense of repairing said barracks, was read
the second time, agreed to, and ordered to be engrossed.
The draught of an Ordinance directing the manner of
signing the general association by persons of tender consciences,
and enforcing the same; and also for amending
the Militia Ordinance passed at the last session of this Congress;
was read the second time, agreed to, and ordered
to be engrossed.
Several resolutions of the Continental Congress recommending
certain matters to this Congress, were read and
filed.
The draught of an ordinance for exempting persons
who enlist in the service of the United Colonies from
arrests, was read the second time, agreed to, and ordered
to be engrossed.
Adjourned to 3 o'clock, afternoon.
Met according to adjournment.
The draught of an ordinance for preventing persons
deserting places in danger of being attacked, &c., was
read the second time, and committed to Mr. Hart, Mr.
Dennis, and Mr. Ogden.
A petition of the Committee for the Township of Piscataway,
praying that this Congress would take some
measures for fortifying Amboy, was read, and ordered a
second reading.
The Committee appointed to prepare an ordinance for
numbering the inhabitants of this Colony, pursuant to
the directions of the Continental Congress, brought in
the same; which was read, and ordered a second reading.
The draught of an ordinance for striking fifty thousand
Pounds, and providing for sinking the same, was read the
second time, and referred to a Committee of the Whole
House to-morrow morning.
Adjourned till to-morrow morning, 9 o'clock.
Tuesday, February 20, 1776.
Congress met according to adjournment.
The letter from Jacob Ford, Esq., respecting the Eastern
Treasurer's refusing Continental bills in payment of
taxes, was read the second time.
Resolved, unanimodsly, That it is the duty of the Treasurers
of this Colony to receive the bills of credit issued
by the Continental Congress, in payment of all taxes and
other debts payable to the Treasury.
Mr. Smyth's letter respecting his officiating as Treasurer,
was read the second time.
Ordered, That Mr. President do send the following letter
to Mr. Smyth.
"Sir:— I am to inform you, that the Congress have
been long waiting for your answer, whether you would
consider yourself as Treasurer under your former obligation.
This would be very agreeable to Congress; and
though your indisposition may for some time prevent
your going to the treasury chest at Mr. Schenck's; yet
you can, as occasion may require, have recourse thereto
by such persons as you can confide in.
"A resolve of the Congress, respecting Continental currency
you have enclosed."
The Congress resolved itself into a Committee of the
Whole, on the ordinance for striking fifty thousand
Pounds, and providing for sinking the same. After
some time spent therein, Mr. President resumed the
Chair, and Mr. Fisher, Chairman of the Committee, reported,
That they had made some progress in the matters
to them referred, and desired leave to sit again. To
which the Congress agreed.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The Congress again resolved itself into a Committee of
the Whole, on the Ordinance for striking 50,000 l. and
providing for sinking the same.
After some time spent therein, Mr. President resumed
the Ciiair, and Mr. Fisher, Chairman of the Committee,
reported, that they had made some further progress in
the matters to them referred, and desired leave to sit
again. To which the Congress agreed.
A letter from Colonel Maxwell, praying that a company
of riflemen may be raised and joined to his battalion,
was read and filed.
A petition of sundry militia officers in the County of
Burlington, setting forth, that they had been at considerable
expence in providing fugal(sic) [fugelhorn] men, fifers, drummers, &c., praying that this Congress would reimburse
them therefor, was read, and ordered a second reading.
Adjourned till 9 o'clock to-morrow morning.
Wednesday, February 21, 1776.
Met according to adjournment.
The petition of the Committee for the Township of
Piscataway, praying that some more equal mode of taxation
may be prescribed, and, in particular, that money
at interest may be taxed, was read, and referred to the
Committee on the Ordinance for striking 50,000 Pounds
and providing for sinking the same.
The petition of Captain Joseph Badcock, in the County
of Somerset inclosing a list of the names of certain persons
in his company, who refused to sign a muster roll,
praying the advice of this Congress therein, was read the
second time, and referred for further consideration.
This Congress, having received of the Continental Congress,
half a ton of gun powder, in order to replace the
gun powder, formerly lent said Continental Congress, by
Somerset, Brunswick, Woodbridge and Elizabeth; and
there being a surplus, after replacing what had been
so borrowed, of which the Township of Shrewsbury hath
made application for part.
Whereupon it is ordered, That said Township be furnished
with a cask of the powder aforesaid, containing
108lbs. 6oz., for which said Township is to account with
this Congress.
A motion being made and debated, the question was
put, whether this Congress shall be dissolved, and the
electors have an opportunity of making a new choice of
Deputies, before the time appointed by an Ordinance of
the last Congress? It was carried in the affirmative, as
follows:
Yeas—
Bergen County,
Essex County,
Burlington County,
Gloucester County.
|
Salem County,
Cumberland County,
Cape May County.
|
Nays—
Middlesex County,
Morris County,
Sussex County.
|
Hunterdon County,
Somerset County
|
On motion.
Resolved, That there be a new election of Deputies to
represent this Colony in Provincial Congress, on the
fourth Monday in May next.
Ordered, That commissions be made out for the following
persons, officers of a company in the regiment,
whereof William Maxwell, Esq., was late Colonel, agreeable
to a certificate of their appointment, viz.:
George Rible, Captain; Henry Shute, First Lieutenant;
Richard Auter, Second Lieutenant; Philip Wintersteen.
Ensign.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
A letter from Mr, Smyth, respecting his officiating as
Treasurer, was read. To which the following answer was
returned.
"Sir:— We are sorry to observe, that the conditions
you mention in your letter of this day, on which you are
willing to execute the office of Treasurer, are not satisfactory.
We must therefore desire your answer explicitly,
whether you are willing to take charge of the treasury
chest, when delivered safely at Mr. Schenck's, continue
to act as Treasurer, and acknowledge yourself accountable
to the Province as fully to all intents and purposes,
as you was, by your obligation before the removal of the
chest.
"If you agree thereto, as the execution of the office
under those circumstances, will necessarily be attended
with extraordinary expences, this Congress are willing
to make you a reasonable compensation therefor."
A letter from the Right Honourable William Earl of
Stirling was received and read, and is in the words following:
New York, 20th February, 1776.
"Sir:— As the Asia man-of-war, with her attendants,
have now taken their station in the bay below this city,
and the Phoenix between the Narrows and Sandyhook,
and do take every provision vessel coming from New
Jersey; it is become highly proper to prevent any provisions
or produce of any kind being shipped from New
Jersey to this or any other place whatsoever, while those
ships continue in a situation which will enable them to
make seizures of them. I have, therefore, General Lee's
directions to request, that the Congress of New Jersey
will give immediate directions to prevent any provisions
or other produce being shipped or sent off from any part
of East New Jersey, that can possibly fall into the hands
of the enemy.
"I am, sir, your most humble servant,
Stirling."
The President of the Congress of the
Province of New Jersey, at New
Brunswick.
The Congress, sensible of the expediency of the above
request, do Resolve, That provisions and all other kinds
of produce of this Colony, be immediately prevented
from being sent to New York, or other parts, whereby
they must pass New York bay, or the bay between Sandyhook
and Perth Amboy, or Staten Island: And all
owners and masters of vessels of every kind, are prohibited
from sending any provisions or produce from
any part of this Province as aforesaid, until permitted by
this Congress.
All County and Township Committees in the Eastern
Division of this Province, are hereby directed to be vigilant
and active in carrying this resolve into effect.
Ordered, That the following persons be officers of a
company of minute-men in the Township of Newark,
agreeable to a certificate of their election, viz.: Joseph
Ailing, Captain, Joseph Wheeler, 1st Lieutenant, Caleb
Bruen, 2d Lieutenant, Isaac Plume, Ensign.
The draught of an ordinance to fix the qualifications
of electors, and of Deputies, &c., was read the second
time, and committed to Mr. Fisher, Mr. Martin, Mr.
Hughes, Mr. Covenhoven, and Mr. John Holmes.
Adjourned till to-morrow morning, 9 o'clock.
Thursday, February 22, 1776.
Met according to adjournment.
A letter from James Hughes, a prisoner at Elizabethtown,
informing that he is much indisposed in body,
praying leave of this Congress that he may go to Now
York, and put himself under the care of Dr. Jones, was
read, and referred to the Committee of Elizabethtown.
The Congress again resolved itself into a Committee of
the Whole House, on the ordinance for striking 50,000 l.
and providing for sinking the same. After some time
spent therin, Mr. President resumed the Chair, and Mr.
Fisher, Chairman of the Committee, reported, that they
had gone through the said ordinance, and were ready to
report the same.
Ordered, That the report be made in the afternoon.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
Mr. Fisher from the Committee of the Whole House,
to whom the ordinance for emitting fifty thousand
Pounds in bills of credit, for the purposes therein mentioned,
&c., reported the same, agreeable to the order of
this morning, which was read; and several amendments
being thereunto made, was agreed to, and ordered to be
engrossed.
The parties for and against the petition from the Committee
of the Township of Newark, against the Committee
of the County of Essex, attending, and the
petitioners requiring a longer day, in order to procure
proper witnesses; it is therefore
Ordered, That the further hearing of said controversy be
deferred till Tuesday next, at 2 o'clock in the afternoon;
at which time, both parties are required to attend
properly prepared, as this Congress are resolved at that
time to hear and determine said dispute.
Adjourned till 9 o'clock to-morrow morning.
Friday, February 23, 1776.
Met according to adjournment.
The Committee appointed to wait upon Mr, Smyth,
and remove the papers, books, and records in the Surveyor
General's office at Perth Amboy, made report,
That they had waited on Mr. Smyth, and had as ordered,
removed the papers, books and records, mentioned in a
certain schedule produced and filed.
Elias Dayton, Esq., Colonel of the first regiment of foot
Militia in the County of Essex, being promoted to the
command of a battalion in the Continental service; it is
therefore
Ordered, That Edward Thomas be Colonel, Jeremiah
Smith, Lieutenant Colonel, and Oliver Spencer, first
Major of said first regiment of Militia in the County of
Essex.
The petition and remonstrance of the County Committee
of Bergen, respecting the seizure of arms belonging
to said County, by a detachment of Continental
troops, under the command of Captain Joseph Meeker,
in the right honorable William Earl of Stirling's regiment,
was read the second time, and
Resolved unanimously, That this Congress will either
pay for, or replace the arms taken by Captain Meeker,
which ever the County Committee of Bergen shall choose;
and will as soon as possible enquire fully into, and decide
upon the cause of complaint exhibited in said petition
and remonstrance.
Resolved, That a letter be immediately written and
signed by the President, to the right honorable William
Earl of Stirling respecting the seizure of the arms aforesaid,
and desiring that his Lordship would transmit to
this Congress a copy of the orders given Captain Meeker;
as also of those which his Lordship received of the
honorable Continental Congress, respecting said arms.
This Congress resumed the consideration of a Court of
Admiralty, and Resolved, That said court be instituted in
this Province as soon as possible; and that Mr. Carey
and Mr. Clark be added to the Committee appointed to
draught an ordinance for that purpose.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The Committee to whom the draught of an ordinance
for fixing the qualifications of electors and deputies, &c.,
was committed, reported the same with amendments;
which being read, was committed to a Committee of the
Whole House.
The Congress resolved itself into a Committee of the
Whole House, on the ordinance for fixing the qualifications
of electors and deputies, &c., after some time spent
therein, Mr. President resumed the chair, and Mr. Fisher,
Chairman of the Committee reported, that they had
made some progress in the matters to them referred, and
desired leave to sit again. To which the Congress agreed.
The engrossed ordinance directing the manner of
signing the General Association, &c., was read and compared.
Resolved, That the same do pass.
Ordered, That Mr. Wetherill, Mr. Hart, Mr. Elmer,
Mr. Mehelm, and Mr. Dunham, be a Committee to prepare
an ordinance for defraying incidental charges.
Adjourned till 9 o'clock to-morrow morning.
Saturday, February 24, 1776.
Met according to adjournment.
The engrossed ordinance for appointing barrack masters
in this Province, &c,, was read and compared.
Resolved, That the same do pass.
The engrossed ordinance for exempting persons who
enlist in the service of the United Colonies, from arrests,
was read and compared.
Resolved, That the same do pass.
The several petitions and memorials respecting the
minute men in this Province, &c., were read the second
time; and after some deliberation thereon,
Ordered, That Mr. Clark, Mr. Hart, Mr. Elmer, and Mr,
Martin, be a Committee to prepare an ordinance for regulating
the former minute department of Militia, and
incorporating the same with the standing Militia.
Mr. Josiah Seely, appointed 1st Lieutenant in Captain
Bloomfield's company, informed this Congress, that since
his nomination, some particular circumstances happened,
which laid him under the necessity of declining said
appointment; whereupon the Congress proceeded to the
choice of a first Lieutenant in said company, when Constant
Peck was elected.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The petition of officers and the privates, in the company
whereof George Taylor, Esq., was Captain, at the
time of being elected Colonel, was read the second time,
and ordered to lie on the table.
The petition of sundry Militia officers in the County of
Burlington, praying, that this Congress will reimburse
them their expence in providing fugal men, &c., was read
the second time and ordered to lie on the table.
The letter from the County Committee of Somerset,
and the petition from the Township Committee of Piscataway,
setting forth, that Perth Amboy is much exposed
to hostile invasions, and praying that some measures
might be taken to fortify said place, and guard it against
invasions were read the second lime.
As the matter contained in said letter and petition, is
of great importance to this Colony in particular, and to
the United Colonies in general; and as the carrying the
same into effect will be attended with considerable expense,
it was moved and agreed, that the following letter
be sent to the Continental Congress:
Gentlemen:— This Congress having taken into their
serious consideration, the necessity of defending .such
parts of this Colony as are more immediately exposed to
an invasion of the enemy, are of opinion, that the city of
Perth Amboy, in East Jersey, from its open channel, and
safe harbour, and from its local situation, is a place deserving
the utmost attention at this time. As the city of
New York has at present a large body of troops, and
fortifications are now erecting for its defence, it is more
than probable, that the enemy, sensible of these preparations,
will attempt a lodgment at Perth Amboy, from
whence incursions might easily be made into the heart
of the country, before a sufficient force can be collected
to oppose them.
That part of West Jersey, which is situate on the river
Delaware, below Philadelphia, appears also to merit
great attention at this time. Opposite to Reedy Island,
at a place called Elsenborough, in the County of Salem,
a landing might easily be effected. This is within forty
miles of Philadelphia, in a County abounding with provisions;
and from whence an army might easily make its
way to Cooper's Ferry in a very short time.
This Congress would be happy, if they had it in their
power to take into immediate pay, a sufficient body of
troops for the defence of both these important posts: but
as this will be an expence too great for this Colony to
support upon its own bottom, and as the being guarded
at all points, is a matter of the utmost importance to the
common cause, more especially to the cities of Philadelphia
and New York; this Congress beg leave to submit
to the consideration of your Honourable House, the
urgent necessity of making some immediate preparations
to prevent any attempt of the enemy to land an army in
those parts of this Province, which appear to be so situated,
as greatly to facilitate the success of such an attempt.
One or two battalions, with two artillery companies, may
be sufficient for this important service. And we humbly
submit to your consideration the necessity and propriety
of such a step being immediately adopted. We wish not
to put the continent to this expense for the sole defense
of the inhabitants of this Colony: but the interests of
this Colony in particular being so connected with that of
the United Colonies in general, as to render an invasion
in New Jersey, a matter of the utmost importance to all;
we humbly conceive, that the necessity of the occasion
will induce the wisdom of your Honourable House to
take into Continental pay two battalions and two companies
of artillery; or such a body of forces as may be
thought sufficient to answer this desirable purpose.
The express by which this is forwarded, will wait your
commands; and I am to request the favour of an answer
as soon as possible.
I am likewise to request, that commissions may be sent
for the officers of the Third battalion, as some of the
companies are already full, and others in a fair way.
I am, Gentlemen,
Your most obedient humble servant,
Sam. Tucker,
President.
By order of the Congress.
To the Hon. Continental Congress.
Adjourned till Monday morning 9 o'clock.
Monday, February 26, 1776.
Met according to adjournment.
A Resolution of the Continental Congress was received
and read, and is in the words following:
In Congress, February 22, 1776.
A Delegate from New Jersey, having informed Congress
that the regiment of militia ordered by the Convention
of that Colony, to march to the defence of New
York, in consequence of the resolve of Congress of the
12th of this month, were not sufficiently armed, and that
they could not be furnished with arms, unless the Congress
supplied them; and as this Congress have not arms
to spare, those they have, being necessary for arming the
battalions in the Continental service:
Therefore resolved, That the march of said battalion of
militia be countermanded.
Extract from the minutes.
Charles Thompson,
Secretary.
Ordered, That the officers be immediately notified of
the above countermand.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
Petitions of the Committee of Correspondence and
Observation for the Precinct of New Barbados, and
Hackinsack, of the Township Committee of Franklin,
and of the Precinct Committee of Saddle River, in the
County of Bergen, setting forth, that the Deputies who
represent the said County in Provincial Congress, and
the persons who compose the County Committee of Bergen,
were not duly elected, &c., praying that the said
Deputies may be dismissed from their seats in Congress;
that the said Committee may be dissolved, and that a
new election may be directed, were read, and ordered a
second reading.
The Township Committee of Trenton, made return of
the persons, who, in their bounds signed the general
Association of this Colony, and of those who refused so
to do; which was ordered to be filed.
The Committee to whom the draught of an ordinance
respecting persons who remove from the adjacent Colonies,
&c. was committed, reported the same with amendments,
which being read, was agreed to, and ordered to
be engrossed.
The Congress again resolved itself into a Committee of
the Whole House, on the ordinance for fixing the qualifications
of electors and Deputies, &c. After some time
spent therein, the President resumed the Chair, and Mr.
Fisher, Chairman of the Committee, reported, that they
had gone thro' the said ordinance, which being read,
was agreed to, and ordered to be engrossed.
Adjourned till 9 o'clock to-morrow morning.
Tuesday, February 27, 1776.
Met according to adjournment.
A letter from John Smyth, Esq., Treasurer of the
Eastern Division of this Colony, was read, and is in the
following words:
"Sir:— Mr. Stevens, according to my request, has been
so good as to come down to this place, to whom I communicated
the letter sent to me by the Congress, relative
to the removal of the Treasury, as I did to my other
securities some time before.
"I find that they are willing to continue security for
me, considering the difficulty of the times, provided the
chest is removed to a place where the office may be executed
in the usual manner. I would therefore propose,
that, as I am not now able, and have little prospect of
being so, in less than six weeks, to attend the chest, it be
removed to Mr. Stevens', who will receive the taxes that
are still to be paid in; and the County Collectors may
be desired to attend at his house for that purpose. In
which case no one will or can have recourse to the chest,
but those who have already entered into engagements,
and are by law accountable to the public, for the due
performance of my office, which cannot in justice or
reason be expected of me or them, without the chest is
suffered to remain in my or their possession.
"As this proposal fully comprehends the declared intention
of the Congress in removing the chest, I cannot
doubt its proving fully agreeable and satisfactory to
them.
"Whenever I am able to attend the duty of the office
abroad, the chest may then be removed to any other
place, that shall be agreed on by all concerned, there to
remain until we see happier times.
"Mr. Stevens goes home by way of Brunswick, to
whom I beg you will please to give your answer, who
will forward it to me.
" I am, your most humble servant,
John Smyth."
Perth Amboy, Feb. 26, 1776.
Samuel Tucker, Esq.
On the question being put, whether the treasury chest
of the Eastern Division of this Colony, lately removed
by a resolve of this Congress, from Perth Amboy, in
order to be lodged in the hands of Peter Schenck, Esq.,
at Milstone, for the sake of greater safety, be, agreeable
to the request of Mr. Smyth, the Eastern Treasurer, carried
to the dwelling house of the Honorable John Stevens,
one of Mr. Smyth's securities, there to remain during Mr.
Smyth's indisposition, or until this Congress shall take
further order therein, on the terms expressed in the
above letter, to wit, that Mr. Smyth and his securities
continue bound by their former obligations; and provided
they be at the charge of such removal? It was
carried in the affirmative as follows:
Yeas—
Bergen,
Essex,
Monmouth,
|
Burlington,
Salem,
|
Cape May,
Hunterdon.
|
Nays—
Middlesex,
Somerset,
|
Morris,
Sussex,
|
Cumberland.
|
The petitions of the Committee of Correspondence and
Observation, for the precinct of New Barbadoes and
Hackinsack, of the Township Committee of Franklin,
and of the precinct Committee of Saddle River, in the
County of Bergen, setting forth, that the Deputies who
represent the said County in Provincial Congress, and
the persons who compose the County Committee of Bergen,
were not duly elected, &c., and praying, that the
said Deputies may be dismissed from their seats in Congress,
that the said County Committee may be dissolved,
and that a new election may be directed, were read the
second time.
Whereas this Congress expect soon to rise, and, having
already resolved upon a dissolution, have directed, that,
on the fourth Monday in May next, the several Counties
in this Province proceed to the election of Deputies for
Provincial Congress, and of County Committees, think it
unnecessary, at this time, to enter into the merits of, and
decide upon, the complaint exhibited in the above petitions.
This Congress, however, direct, that all the money
raised in the County of Bergen, by a former resolve of
Congress, be immediately collected and paid into the
hands of the County Collector; to be drawn out and
appropriated, as the County Committee of Bergen shall
direct, agreeable to former resolutions of Congress; and
that said Committee do keep proper accounts of all such
appropriations and expenditures, to be laid before Congress
when required.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The memorial of James Richmond, setting forth, that
the ships of war in New York bay, do not make captures
of vessels freighted with wheat, and praying permission
of this Congress to carry produce from this Colony to
New York, was read, and ordered a second reading.
Pursuant to the order of the day, the Congress went
into the consideration of the petition from the Committee
for the Township of Newark, against the County Committee
of Essex. The deputies from said Committees,
attending, were heard for and against the said petition.
After which they withdrew.
The above petition was referred for further consideration.
Adjourned till 9 o'clock to-morrow morning.
Wednesday, February 28, 1776.
Met according to adjournment.
Whereas the late resolution of this Congress, prohibiting
the export of provisions and produce from this
Colony to New York, was founded on information, that
the ships of war in New York bay, made captures of
vessels so laden; and whereas this Congress are fully
satisfied, that the reason of making said prohibition no
longer subsists: It is therefore
Resolved, unanimously, That the Resolution of this Congress,
made the twenty-first day of this instant February,
prohibiting the export of provisions and produce from
this Colony to the city of New York, be, and is hereby
repealed.
This Congress having resumed the consideration of
the petition of the Township of Newark, lament, that
any disputes should arise among persons distinguished
for their zeal and activity in promoting the common
cause of America; and regret the necessity of their interference
to compose the dissentions, that have for some
time subsisted between the County Committee of Essex,
and the Township Committee of Newark. In order, however,
to decide upon said dispute, and in hopes of reconciling
the parties at variance, it is
Resolved, That, as by the late Ordinances of Congress,
the County Committee have undoubted right to appoint
a County Collector, and dispose of the money raised by
an Ordinance of the late Congress, the Committee of the
Township of Newark be, and they are hereby enjoined
to cease claiming the disposition of such money; but
whereas there was no County Committee in the County
of Essex, before the twenty-first day of September last,
until which time, the Township Committees had the disposal
of the money raised as aforesaid in their respective
Townships: It is therefore further
Resolved, That all monies actually expended by said
Township Committees, before that time, be allowed by
said County Committees to be a legal expenditure; and
the arms or ammunition purchased by each Township
Committee, as well as such as shall be purchased by the
County Committee, be considered as a County stock, and
divided to each Township according to its quota of such
tax: And if any Township Committee in Essex have
made contracts for ammunition, not already fulfilled, it
is recommended to the County Committee to fulfill such
contracts, and to distribute the ammunition procured
thereby in the Townships as aforesaid.
The engrossed Ordinance for striking the sum of
50,000 l. five shillings, in bills of credit, for the purposes
therein mentioned, and directing the manner of sinking
the same, was read and compared.
Resolved, That the same do pass.
The engrossed Ordinance, to prevent persons deserting
places in danger of being attacked, and for restraining
such as are dangerous to the common cause, from taking
refuge in this Colony, was read and compared; and on
the question. Whether the same do pass or not? it was
carried in the affirmative, as follows:
Yeas—
Bergen,
Morris,
Hunterdon,
|
Essex,
Somerset,
Cumberland.
|
Middlesex,
Sussex,
|
Nays—
Monmouth,
Cape May.
|
Salem,
|
Burlington,
|
Resolved, That the same do pass.
On motion,
Ordered, That Doctor Baldwin be Surgeon for the Second
regiment of foot militia in the County of Sussex,
whereof Ephraim Martin, Esq., is Colonel.
On motion,
Ordered, That Doctor Jonathan Horton, be Surgeon for
the Western regiment of foot militia, in the County of
Morris, whereof Jacob Drake, Esq., is Colonel.
Agreeable to certificate,
Ordered, That the following persons be officers of three
of the militia companies in the precinct of New Barbadoes,
and County of Bergen, and in the regiment whereof
Theunis Dey, Esq., is Colonel, viz., Jacob Terhune, Captain,
George Brinckerhoff, First Lieutenant, Hendrick
Budon, Second Lieutenant, and Jacobus Poulesse, Ensign
of the New Barbadoes company. Nicausa Terhune, Captain,
Jacob Van Winkle, First Lieutenant, John Uriancy,
Second Lieutenant, and Walling Van Winkle, Ensign of
the Pollifly company. Jacobus Jaralman, Captain, Peter
Sandford, First Lieutenant, Elijah Sanford, Second Lieutenant,
and John Jaralman, Ensign of the New Barbadoes
Neck company.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
A representation from the Township Committee of
Woodbridge, praying, that money at interest may be
taxed; that the people called Quakers may, for non-attendance
on military duty, pay an equivalent to the
expense and services of Associators; and that Perth
Amboy, which is much exposed to an attack from the
enemy, may be fortified and guarded; was read, and
ordered a second reading.
A petition of the Township Committee of Piscataway,
and of the military officers in said Township, setting
forth, that the ordinance of last Congress for the further
regulation of the militia, was defective in several particulars,
&c., praying, that this Congress would device some
remedy therefor, was read, and ordered a second reading.
The Committee appointed to prepare an ordinance for
regulating the former minute department of militia, and
incorporating the same with the standing militia, reported
the same, which was read, and ordered a second
reading.
The engrossed ordinance for directing the mode and
fixing the time for the election of Deputies to serve in
Provincial Congress for this Colony; and also to ascertain
the qualification of electors, &c., was read and compared.
Resolved, That the same do pass.
Agreeable to certificate.
Ordered, That the following persons be officers of a
company in the Second Regiment of foot militia in the
County of Somerset, under the command of Abraham
Quick, Esq., Colonel, viz., William Churchill Houston,
Captain, Aaron Longstreet, First Lieutenant, Zebulon
Barton, Second Lieutenant, and James Stockton, Ensign.
The Township Committee of Amwell, in the County
of Hunterdon, having made return of the persons who
signed, and of those who refused to sign the General
Association of this Colony.
Ordered, That the same be filed.
The draught of an ordinance for numbering the inhabitants
of this Colony, pursuant to the direction of the
Continental Congress, was read the second time, and
after certain amendments, was agreed to, and ordered to
be engrossed.
Resolved, That Samuel Tucker and John Dennis,
Esquires, Treasurers of this Colony, shall each of them,
give bond with security, for the faithful performance of
their office, in the sum of 10,000 l., to John Wetherill,
Hendrick Fisher, Abraham Clark, John Hart, Isaac
Pearson, and Augustine Stevenson, Esquires, and the
survivors of them, in trust for the said Colony.
Adjourned till to-morrow morning, 9 o'clock.
Thursday, February 29, 1776.
Met according to adjournment.
The Continental Congress having desired this Congress
to give directions for conveying the baggage belonging
to the prisoners taken at St. John's, from Wallpack in
this Colony, to Lancaster, in the Province of Pennsylvania,
Ordered, That Colonel Martin and Major Brown, be,
and they hereby are directed to carry the above requisition
into effect.
The Congress having resumed the consideration of the
necessity of instituting a Court of Admiralty in this
Colony,
Resolved, That the erection of such Court be deferred
until some future day; but as it is highly expedient
immediately to determine upon the seizure of the ship
Blue Mountain Valley, that this Congress will proceed
to the decision thereof to-morrow, at two o'clock in the
afternoon.
On motion.
Agreed, That the President write to the Chairman of
the Committee of Elizabeth town, desiring that he would
cause such witnesses as may be necessary, respecting the
above capture, to appear before Congress at the time
aforementioned.
The Committee appointed to prepare an Ordinance for
defraying incidental charges, reported the same; which
was read, and ordered a second reading.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
Mr. Coachy, appointed an Ensign in Captain Ross's
company, having declined accepting said appointment,
the Congress proceeded to the election of an Ensign,
when George Cottnam was elected.
The draught of an Ordinance for regulating the former
minute department of militia, and incorporating the
same with the standing militia, was read the second
time, and, after sundry amendments, was agreed to, and
ordered to be engrossed.
Adjourned till 9 o'clock to-morrow morning.
Friday, March 1, 1776.
Met according to adjournment.
The Congress having resumed the consideration of the
charge exhibited against Peter Vroom,
Resolved, That said Peter Vroom pay the costs of the
present prosecution, to be taxed by the Township Committee
of Piscataway, and give obligation with surety, to
the Chairman of said Committee in the sum of 150
Pounds for his good behaviour in future; that he yield
up to said Chairman all his arms and weapons of defence,
to remain in custody of said Chairman, until the
said Committee shall deem it proper to re-deliver them;
and on non-compliance herewith, that said Vroom be
committed to the keeper of the common gaol of the
County of Middlesex, who is hereby ordered to keep him
in close confinement, during such non-compliance.
The Congress proceeded to the election of officers for
the two companies of artillery, when the following persons
were chosen:
Frederick Freelinghuysen, Captain; Daniel Neil, Captain-
Lieutenant; Thomas Clark, First Lieutenant, and
John Heard, Second Lieutenant of the Eastern Company,
Samuel Hugg, Captain; Thomas Newark, Captain-
Lieutenant, John Westcott, First Lieutenant, and
Joseph Dayton, Second Lieutenant of the Western Company.
Ordered, That Mr. Carey and Mr. Clark be a Committee
to prepare an Ordinance for raising two companies
of artillery in this Colony, and providing for their pay
and subsistence.
Ordered, That Mr. Carey and Mr. Clark be a Committee
to draw the form of a bond to be executed by the
Treasurers.
Mr. Dennis presented to this Congress, the Hon. John
Stevens's receipt for the treasury chest; which was read,
and ordered to be filed, and is in the words following:
Received of John Dennis, Esq., the treasury chest of
the Eastern Division of New Jersey, lately removed from
Perth Amboy, and deposited with Mr. Dennis, by order
of Congress; which chest is now locked, and the key remaining
in the hands of the Treasurer, John Smyth,
Esq. The treasury chest aforesaid, with its contents, I
received into my charge for the purposes mentioned in
Mr. Smyth's letter of the 26th of February, directed to,
and in the possession of the Congress of New Jersey.
Dated the twenty-eighth day of February, Anno Domini,
1776.
John Stevens
.
On motion,
An ordinance for paying a bounty on salt petre, and
common salt, manufactured in New Jersey, and for purchasing
salt petre, was brought in and read, and ordered
a second reading.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The ordinance for paying a bounty on salt petre, and
common salt, manufactured in new Jersey, &c., was read
the second time, and several amendments being thereunto
made, the same was agreed to, and ordered to be engrossed.
The Committee appointed to draw the draught of an
ordinance for raising two artillery companies in New
Jersey, and providing for their pay and subsistence,
brought in the same, which was read, and ordered a
second reading,
Agreed, That John Dennis, Esq., send the records of
the Surveyor General's Office, to the house of Peter
Schenck, Esquire.
Ordered, That Mr. Dennis and Mr. Dunham, be a Committee
to adjust and settle the accounts of powder furnished
the Earl of Stirling, by Somerset, Brunswick,
Woodbridge and Elizabethtown, and to repay the same
out of the half ton sent this Congress by the honorable
Continental Congress. That said Committee are to keep
the surplus in their hands on account; and to report to
the next Congress or Committee of Safety.
Agreeable to order, the Congress took under consideration
the capture of the ship Blue Mountain Valley, and
having heard and examined the proofs respecting the
same, postponed the decision until to-morrow morning.
Adjourned till 9 o'clock to-morrow morning.
Saturday, March 2, 1776.
Met according to adjournment.
The draught of an ordinance for raising two companies
of artillery, and providing for their pay and subsistence,
was read the second time; and being amended, was
agreed to, and ordered to be engrossed.
The Congress proceeded to the determination of the
prize ship Blue Mountain Valley, now lying at Elizabethtown
Point, lately seized by Lord Stirling, with detachments
of the Continental forces, and militia: And it
appearing by the testimony of creditable witnesses, upon
their oaths, that the said ship, John H. Dempster, master,
sailed from London some time last fall, laden with stores
shipped by order of the right honorable the Lords Commissioners
of his Majesty's Treasury, bound to the port
of Boston, or any one other port in America: The said
cargo by the bill of loading, dated the 30th day of September,
1775, to be delivered unto the Commander-in-Chief of his
Majesty's forces in America, or to his order.
And the honorable Continental Congress, having previous
to the taking the aforesaid ship,
"Resolved, That all transport vessels in the same service
having on board any troops, arms, ammunition,
clothing, provisions, or military or naval stores of what
kind so ever, and all vessels to whomsoever belonging,
that shall be employed in carrying provisions or other
necessaries, to the British army or armies, or navy, that
now are, or hereafter shall be within any of the United
Colonies, or any goods, wares, or merchandize, for the
use of such fleet or army, shall be liable to seizure, and,
with their cargoes, shall be confiscated,"
It is therefore Resolved, That the said ship Blue Mountain
Valley, with such of her cargo, as was shipped by
order of the said Lords Commissioners of his Majesty's
Treasury directed, as by said bills of loading, to be delivered
at the port of Boston, or elsewhere, unto the
Commander-in-Chief of his Majesty's forces in America,
or to his order: shall be and is hereby confiscated to the
use of the captors, pursuant to the general directions for
distribution, resolved on by the said honorable Continental
Congress.
Resolved, That the said ship and cargo be disposed of
by any two agents or persons to be chosen, the one by
Lord Stirling, and the other by the Committee of Elizabeth
town.
Resolved, That all the necessary charge and expense,
which have arisen, by guarding and securing said prize,
and supporting the seamen, be first deducted out of the
neat proceeds of such sales.
Resolved, That the amount of the sales of the ship and
cargo (the expense and charge of guarding and securing
the same, and supporting the seamen being first deducted
and paid thereout) be divided among all the captors, as
well those of the militia sent out by the Committee of
Elizabethtown, as such of the Continental forces as were
employed in that service under Lord Stirling: that the
said distribution be made among the officers, privates,
and to the vessels employed in said captor, in such manner
as is usually distributed in the neighbouring Colonies,
agreeable to the resolutions of the Continental Congress.
Resolved, That all such goods, wares, and merchandize
on board said ship, belonging to the captain, mates, and
seamen, as their, or either of their own private properties,
be reserved for the proprietors thereof, and delivered to
them free of all costs and deductions.
Resolved, That the captain and seamen belonging to
said ship when seized, be suffered to go to any place
they may think proper (his Majesty's fleet or army only
excepted.)
And this Congress recommend to the captors of said
ship, to make some gratuity to each of the seamen on
board, to enable them to travel to some other parts in
pursuit of business.
The draught of a letter to the Committee of Safety of
Pennsylvania, in answer to their letter respecting raising
artillery companies in this Province, was read, and agreed
to, and ordered to be engrossed; which was done accordingly,
and is in the words following:
Gentlemen:— The Congress have taken into their serious
consideration the important matters recommended to
them by your letter of the fifth ultimo.
It is with pleasure that this Congress find that you
have taken so very necessary a step, as to cause a survey
to be made of the Jersey shore upon the river Delaware;
and this Congress concur with you in opinion, that the
necessity of making an early provision to guard both
shores against common danger, is a measure of the highest
importance, and requires immediate consideration.
This Congress very gratefully acknowledges the patriotic
tender you have been pleased to make of your service,
in giving or receiving mutual assistance, as the circumstances
and situation of things may require; and this
Congress will most cheerfully co-operate with you, in
promoting all such measures as may be best calculated
to advance the common cause.
In pursuit of this plan, this Congress have agreed to
raise forthwith two companies of artillery, and to purchase
twelve field pieces for the defence of this Colony to
be stationed one half in East Jersey, and the other half
in West Jersey. But as it is probable, that the officers
appointed to the command of these companies may have
occasion for some instruction, to improve them in the art
of gunnery, this Congress in such case will rely upon your
friendly declarations of affording such assistance as may
be required.
With regard to the purchase of cannon, the Committee
appointed by this Congress have orders to procure them
on the best terms; and this Committee we recommend
to your attention, if it should be found necessary to give
you any farther trouble in the management of this affair.
This Congress have made provision for paying a bounty
of one shilling per pound for such merchantable saltpetre
as shall be made in this Colony before the first day of
January next. But should it be found necessary for any
persons to acquire more practical knowledge of the art of
making this necessary article, this Congress will in such
case most gladly accept your obliging offer, and give a
recommendation to such persons accordingly.
By order, &c.
The engrossed ordinance for numbering the inhabitants
of this Colony, was read and compared.
Resolved, That the same do pass.
The engrossed Ordinance for disbanding minute men,
&c., was read and compared.
Resolved, That the same do pass.
This Congress have before them a certified copy of a
letter lately wrote by Cortland Skinner, Esq., Attorney
General of this Colony, to his brother Colonel Skinner,
in Great Britain, containing many sentiments and expressions
prejudicial to the peace and welfare of the
United Colonies.
And whereas by a law of this Colony, passed the last
session of General Assembly, a salary was provided for,
and granted to the said Attorney General, under confidence
of his friendly disposition towards the interests
of this Province; which confidence from the tenor of said
letter, no longer subsists; and Mr. Skinner having left
the Colony, ceases to perform the duty of his office. This
Congress therefore, as a duty they owe their constituents,
request the Treasurers of this Colony, and each of them,
to stop all payments of salary to the said Cortland Skinner,
until this Congress shall give further order thereon.
Adjourned to 3 o'clock in the afternoon.
Met according to adjournment.
The engrossed Ordinance for raising two companies of
artillery, and providing for their pay and subsistence,
was read and compared.
Resolved, That the same do pass.
The Hon. Continental Congress, having recommended
to this Congress to provide carriages for transporting
baggage and military stores through this Colony. In
compliance wherewith, it is
Resolved, That the Treasurers of this Colony, appointed
by Congress, or either of them, do deposit(sic) the sum of
twenty-five Pounds Proclamation money in the hands of
each of the Chairmen of the Committees of the Counties
of Bergen, Essex, Middlesex, Hunterdon, and Sussex,
taking proper receipts for the same, to be at the disposal
of the respective Committees of the Counties aforesaid, to
be by them laid out and applied in paying the expense
of baggage wagons employed in this Colony; for which
money the Chairmen of said respective Committees shall
be accountable to the Congress of this Colony or Committee
of Safety, and shall render true accounts of their
disbursements, when, and as often thereunto as required.
The engrossed Ordinance for paying a bounty on salt
petre, and common salt, manufactured in New Jersey,
and for purchasing salt petre, was read and compared.
Resolved, That the same do pass.
The Ordinance to provide for the payment of incidental
charges, was read the second time, agreed to, and
ordered to be engrossed. The aforesaid Ordinance being
engrossed was read and compared.
Resolved, That the same do pass.
Azariah Dunham brought from the Continental Congress,
their determination upon the application of this
Congress for forces to be stationed in this Colony; which
being read, is in the words following:
"Application being made to Congress, by the Convention
of New Jersey, for two more battalions, and two
companies of artillery to be raised in that Colony, and
the same being referred to a Committee; on the report of
the said Committee, the Congress did not agree to the
raising any more battalions, or companies in that Colony."
Charles Thompson.
March 1, 1776.
On motion.
Resolved, That a letter of instruction to the Delegates
of this Province in Continental Congress, be immediately
prepared and sent to them: A draught of which
being produced, was read and agreed to, and is as follows:
Gentlemen:— You must be sensible, that this Congress
are extremely destitute of the means of information, compared
with your body, and of course, unable to point out
any certain line of conduct for you to pursue: Your deliberations
must no doubt be formed upon the measures of
the British Ministry, which are uncertain, extraordinary,
and new almost every week. We therefore only request,
that you would join in the general voice of the United
Colonies, and pursue such measures as you may judge
most beneficial for the public good of all the Colonies.
By order, &c.
This Congress, sensible of the extreme scarcity of
blankets now wanted for Continental forces, do recommend
it to all the inhabitants of this Colony, who may
have any good blankets that they can possibly spare, to
dispose of the same to the commissary on reasonable
terms, for the use of said forces.
Resolved, That John Anderson of New York, be employed
to print the minutes and ordinances of this
sitting, and that the President sign an order for the
same; and that the Treasurers of this Colony or either
of them, pay to the said John Anderson, so much as
Abraham Clark and Lewis Ogden, Esquires, shall certify
that they have agreed shall be paid for printing the
same.
The Congress adjourned to the fourth Monday in May
next, then to meet at Burlington, unless sooner called by
the President or Vice President.
Ordinances
Of the Provincial Congress of New Jersey,
Passed at the Sitting of Congress, at New
Brunswick, in February and March, 1776.
—————
AN ORDINANCE
Directing the manner of signing the General Association,
by persons of tender consciences, and enforcing the
same; and also for amending the Militia Ordinance,
passed at the last session of this Congress.
Although it is not the design of this Congress, to offer
violence to conscience, yet it is highly necessary that all
the inhabitants of this Colony should associate as far as
their religious principles will permit; it is therefore resolved
and directed, That all persons, whose religious principles
would not suffer them to bear arms, and to sign the General
Association of this Colony, recommended by Congress
in its original form, may be allowed to sign the
same, with the following proviso:
"I agree to the above Association, as far as the same is
consistent with my religious principles."
And it is further Resolved and Directed, That all persons,
who when requested to sign the Association, with the
proviso aforesaid, shall refuse so to do, shall be disarmed,
and give sufficient security for their peaceable and good
behaviour, paying the expense attending the same. And
the Committees of the several Counties and Townships,
are hereby required forthwith to tender the said Association
to all who have hitherto refused or neglected to sign
it, and to carry the above resolution into effect.
Provided always, That if any person shall think himself
aggrieved by any sentence of a Township Committee,
he may on giving security to prosecute the same to effect,
and paying such costs and charges, as the said Committee
shall adjudge thereon, appeal to the Committee of the
County wherein such Township is situated; which
County Committee is hereby required, and fully impowered
to hear the complaint of the appellant, and decide
upon the same. And if any person shall think himself
aggrieved by any sentence of a County Committee, he
may, on giving security and paying costs as aforesaid,
appeal therefrom to this Congress.
Provided always, That the said Committees may confine
any person, notwithstanding his offer of security, who in
their opinion, may when permitted to go at large, prove
dangerous to the common cause.
And whereas the late Militia ordinance of this Congress,
hath not made any provision for subjecting such
of the inhabitants of this Colony, between the ages
of sixteen and fifty years, whose religious principles will
not suffer them to bear arms, to any penalty for not attending,
and obeying orders on the days to be appointed
for general musters or reviews; and it being highly
equitable and just, that at this time of public danger, all
such inhabitants of this Colony should bear an equal
proportion of the public expenses, as an equivalent for
an exemption from bearing arms.
It is therefore further Resolved and Directed, That there
shall be inflicted on all such of the inhabitants of this
Colony, between the ages of sixteen and fifty years, whose
religious principles will not suffer them to bear arms,
and who shall not hereafter attend properly accoutered,
and obey orders, on the terms to be appointed for the
general muster or review of the regiments of Militia in
this Colony, the sum of ten Shillings proclamation money,
for each and every default, anything in the before recited
ordinance contained to the contrary notwithstanding; to
be recovered (and applied) by warrant of distress, in
manner and form as directed by the said recited ordinance.
Provided always, that the times so as aforesaid to be
appointed for days of general muster or review, do not
exceed three days in a year, and that reasonable excuses
shall be admitted for such delinquents non-attendance,
by such persons who shall be appointed to issue warrants
of distress for the recovery of such penalties.
And whereas vacancies have and may happen in
companies of militia in this Colony, by the promotion,
resignation, death, removal, or other disability of the
captain or other officers of such companies; for supplying
which vacancies.
It is further Resolved and Directed, That each and every
company, where such vacancy have or may happen, shall
within ten days after such vacancy happens or such company
shall have notice of this resolve, assemble and elect
proper persons, for supplying such vacancy, and make
return thereof to the Committee of the Township to
which they belong, who are to report the same to this
Congress or Committee of Safety, in order that commissions
may issue: And in case such company shall neglect
to elect officers within the time above limited, or in
case any person or persons so elected, shall neglect to
make the aforesaid return, at the next meeting of the
Committee thereafter: that then and in such case, the
said Committee shall name and appoint proper persons
to be commissioned as aforesaid, or otherwise such Committee,
upon the neglect of the said company or companies
to elect persons to be commissioned as aforesaid,
may, if they think it advisable, to dissolve such company,
and incorporating the persons composing the same, into
other companies contiguous thereto; in which companies
they shall be enrolled and bear arms under the fines and
penalties, in the ordinance, directed for non-attendance.
And whereas by the said former ordinance, no distinction
is made between those who sign the muster rolls,
and those who do not sign the same: It is hereby declared,
that no distinction is intended; but, that all those who
refuse to sign such muster roll, within the ages mentioned
(except such persons whose religious principles will not
suffer them to bear arms,) shall be enrolled, and be subject
to the same command, and liable to the same fines
and forfeitures for neglect of duty, as those are who sign
such muster roll.
—————
AN ORDINANCE
For appointing Barrack Masters in this Province, and
making provision for defraying the expence of repairing
said barracks.
Whereas, the barracks heretofore erected in this
Colony, have for some time past been neglected, and by
that means much out of repair, which the circumstances
of the present times require to be immediately put in
order for the reception of such of the Continental forces
as have been, or may be raised in this Colony, or quartered
in the same; for which purpose, and that said barracks,
may in future be taken proper care of, and suitably
provided with necessary furniture:
It is Resolved, That the following persons be, and are
hereby appointed Barrack Masters, viz.: Isaac Woodruff
and Edward Thomas, Esqrs., for the barracks in Elizabeth
town; Samuel Serjeant and Johnathan Deare, Esqrs.,
for the barracks in Perth Amboy; Hendrick Fisher and
John Schurman, Esqrs., for the barracks in New Brunswick;
Alexander Chambers and William Tucker, Esqrs.,
for the barracks in Trenton; and Thomas Rodman and
Samuel Howe, Esqrs., for the barracks in Burlington.
Which said Barrack Masters in each respective towns
before named, are hereby authorized and empowered, to
take the care and charge of the barracks over which they
are above particularly appointed, and cause the same to
be put in proper repair, and provided with suitable furniture
for the reception of such Continental, or Provincial
troops, as may occasionally be quartered therein; provided
such barrack furniture can be procured on reasonable
terms. And also, that they respectively settle and
discharge the expense of all such repairs as have been
lately made, or are now making on the barracks, to the
care of which they are particularly appointed. And the
Treasurers of this Colony appointed by Congress, or
either of them, are required to pay to the said respective
Barrack Masters, or either of them, out of the money to
be made current by an ordinance of this Congress, all
such sum, and sums of money, as they or either of them
may find necessary for the purposes aforesaid, not exceeding
the sum of two hundred Pounds proclamation money
for each of said barracks in one year. And the said Treasurers
shall take proper receipts for the money so by them
or either of them paid out as aforesaid; which receipts
when laid before a Congress of this Province, or persons
properly authorized thereto, shall discharge the said
Treasurers, their heirs, executors and administrators, for
all such sums by them, or either of them, paid out as
aforesaid. And the said Barrack Masters and each of
them, are hereby required to render a true account, to
this or a future Congress, of all monies by them received
and expended, pursuant to the direction of this ordinance,
who shall be allowed a reasonable compensation for their
time and trouble in executing the aforesaid trust.
—————
AN ORDINANCE
For exempting persons who enlist in the service of the
United Colonies from arrest.
Whereas, the speedy and effectual recruiting of the
forces for the defence of the United Colonies is, in the
present situation of affairs, of great importance to the
security and defence of the said Colonies.
And whereas the subjecting soldiers to arrest for small
debts, tends greatly to retard and obstruct the service: it
is therefore ordered and directed by this Congress, that
any person, who shall enlist and enter himself as a soldier
in any of the companies of the Continental forces,
and doth not owe more than thirty-five dollars to any
one creditor, or upwards of one hundred and fifty dollars
in the whole to all his creditors; then the person of
the enlisted shall be free from all arrests in civil actions,
during the time of his service as aforesaid. And those
who are in custody, either on mesne process or execution,
and do not owe as aforesaid, shall be discharged under
the hands and seals of any of the Judges of the County
where any such person or persons shall be so imprisoned :
and the goods and effects of all such debtors shall be
free from attachments, executions, and other legal process,
during the aforesaid service. Provided always that
such goods and effects shall not be removed out of the
city, town or precinct, where the persons enlisted resided
when they did enlist, during the time limited as aforesaid.
And upon full proof of any attempt to remove
the said goods and effects out of the city, town or precinct
as aforesaid, then the said goods and effects shall
be liable to the same process, as the laws have already
provided for; and in case the said person or persons so
enlisted, shall or do after the publication of this ordinance,
or after the time of such enlisting, by any deed or
deeds, power or powers of attorney, make sale of, or empower
others in his or their absence, or during the time
so limited as aforesaid, make sale of his or their goods
and chattels, lands and tenements, to any person or persons
whatsoever, whereby the creditor or creditors of
such person or persons so enlisting as aforesaid, shall or
may be defrauded or deprived of their just debts, all and
every such deed or deeds, and sales made by any such
person or persons, or by virtue of his or their power or
powers of attorney, as aforesaid, shall be void and of
none effect; and such goods and chattels, lands and tenements,
shall nevertheless be liable to be proceeded against
by attachment, or any other legal process, at the suit of
any creditor or creditors of such person or persons, any
thing in this ordinance to the contrary thereof in anywise
notwithstanding.
—————
AN ORDINANCE
For striking the sum of fifty thousand Pounds, five Shillings,
in bills of credit, for the purposes therein mentioned,
and directing the manner of sinking the same.
Whereas it is prudent, not only to make provision
for putting the Province into such state of defence, as
the present situation thereof seems to require; but also,
to have such sum of money in the Treasury as may probably
be sufficient to answer future exigencies and contingent
charges. And whereas the sum of thirty thousand
Pounds, directed to be issued by an ordinance
passed at the last sitting of this Congress, hath not as yet
been printed; and as the same may not be sufficient to
answer the purposes aforesaid: It is therefore Resolved,
That the said ordinance be null, void, and vacated to all
intents and purposes whatsoever; and in lieu thereof, it
is resolved, ordained and directed, that the sum of fifty
thousand Pounds, five Shillings, in bills of credit of this
Province, be, as soon as possible, prepared, printed and
made as follows, viz.: Nine thousand five hundred bills,
each of the value of three Pounds: Ten thousand bills
each of the value of one Pound ten Shillings: six thousand
six hundred and sixty-seven bills, each of the value
of fifteen Shillings; and five thousand bills, each of the
value of six Shillings; which bills shall be in the form
following, to wit:
This Bill, by an Ordinance of the Provincial Congress,
shall pass current in all payments within the Colony of
New Jersey, for
Proclamation money.
Dated the twentieth day of February, 1776.
And shall be impressed with such devices as the inspectors
of the press, herein after appointed shall direct; and,
when printed, shall be delivered to Hendrick Fisher,
and Azariah Dunham, Esquires, of the Eastern Division,
and to John Hart and Samuel Howe, Esquires, of the
Western division, four of the signers thereof, in equal
moities; one moiety to be signed by the Treasurer and
signers of the Eastern Division; and the other moiety,
by the Treasurer and signers of the Western Division.
And the said signers are hereby authorized and required,
upon delivery of the said bills by the printer thereof, to
administer to him, and he is hereby directed and required
to take an oath or affirmation, in the following
words:
I, A. B., do declare, that from the time the letters were
set, and fit to be put into the press, for the printing the
bills of credit now by me delivered, until the same bills
were printed, and the letters unset and put into the boxes
again, I went at no time out of the room in which the
said letters were, without locking them up, so that they
could not be come at without violence, a false key, or
other art then unknown to me; and therefore, to the best
of my knowledge, no copies were printed off but in my
presence; and that all the blotters and other papers
whatsoever printed by the said letter, while set for printing
the said bills, to the best of my knowledge, are here
delivered, together with the stamps for the indents and
devices; and that I have not at any time been privy or
consenting to any other or more bills being struck than
I now deliver; and that in all things relating to this
affair, I have demeaned myself according to the true intent
and meaning of the ordinance, by virtue whereof this
money is printed, to the best of my knowledge and understanding.
Which printer, at the time he is ordered to print the
said bill, shall have a copy of this oath or affirmation,
that he may govern himself accordingly. Provided
always, that if any accident has happened, he may have
the liberty of making an exception thereof in his oath
or affirmation, he declaring fully how it was.
And it is further Resolved and Directed, That the bills
made current by this ordinance, shall be nearly the size
and likeness of the bills now current in this Colony, and
shall be signed and numbered by the respective persons
herein before appointed signers thereof; and in case of
their, or either of their deaths or other disability, then
Joseph Hugg, of the the Western Division, and John
Covenhoven of the Eastern Division, are hereby appointed
signers of said bills.
And, in order that the said bills may be numbered and
signed with the less charge and risk, and with the most
ease and expedition, the said signers are to observe the
directions following, to wit, First, before the said signers
do receive any of the said bills, they shall each of them
take an oath or, affirmation if Quakers, before a justice
of the peace, for the true signing of the said bills of
credit; and that they will sign no more, or no other bills,
than by this ordinance is directed; and that, to the best
of their skill, they will perform what by this ordinance,
they are enjoined as their duty. A certificate of which
oath or affirmation, is to be signed by the Justice, and by
the deponents and affirmants, to be delivered to the
Treasurers with the bills when signed by them.
Secondly, on receiving the bills from the printer, the
said signers shall burn and destroy the blotters, and they
shall divide the fair bills so received into two equal parts,
and to avoid confusion, shall agree betwixt themselves
how the parts of each shall be numbered; and the signers
for the Eastern Division, shall take the stamps for the
escutcheons, and the signers for the Western Division,
shall take the stamps for the ornaments.
Thirdly, each of the signers may then carry his part
to his own house, there to be numbered and signed by
him with all possible expedition; which, or such part as
is then necessary, being done, they shall meet at a day
and place by them to be appointed, and agreed on, and
each deliver the part numbered and signed by him to
the other, in order for him to sign the same; and they
shall then together burn and destroy the bills, if any be,
over and above the number hereby appointed to be
issued, and in like manner shall do from time to time,
until all are signed and exchanged.
Fourthly, each of the said signers may then carry the
part of the bills aforesaid, so delivered to them by the
other to their respective houses, to be signed with all
possible expedition; and when signed, in any sums, from
time to time to be delivered to the Treasurer of the Division
where the signers live, and the stamps for the escutcheons
and ornaments, taking receipts of the respective
Treasurers, for the sums so delivered; which, when produced,
shall be sufficient to discharge the said signers respectively,
their heirs, executors and administrators, from
such parts of the said bills as the receipts do express.
And it is further Resolved and Directed, That the said
Treasurers shall, respectively, sign the said bills to them
delivered; and under the obligation of their oaths or
affirmations, for the due execution of their offices, pay
them out accordingly, as they shall be directed, by this
or any future order of the Provincial Congress, or Committee
of Safety of this Colony, and no otherwise.
And it is further Resolved and Directed, That the bills of
credit to be made and issued by virtue of this ordinance,
shall pass current, until the twenty-first day of December,
which will be in the year of our Lord, one thousand seven
hundred and ninety-one, and shall be received in the said
treasuries, until the expiration of six months after the
time last mentioned.
And it is further Resolved and Directed, That Samuel
Tucker, Hendrick Fisher, Richard Smith, John Pope,
and James Starling, Esquires, or any two of them, are
hereby authorized and directed to agree with the printer
for the price to be paid him for printing the bills according
to the directions of this ordinance, and shall be, and
are hereby appointed inspectors of the press, to take care
that the printer of the bills of credit doth duly perform
the duty hereby enjoined him.
And it is further Resolved and Directed, That there shall
be paid to the printer of the said bills of credit, such sum
or sums of money for printing them, as the said inspectors,
or any two of them, shall certify under their hands,
they had agreed to pay him for that service; and there
shall be paid to the treasurers, inspectors and signers,
such reward for their trouble, as the Congress or Committee
of Safety for this Colony, shall deem reasonable.
All which sums of money, shall be paid by the Treasurers,
or either of them, out of the money made current by
virtue of this ordinance, and shall take proper receipts
for the same; which receipts, when laid before, and approved
by the Provincial Congress, or Committee of
Safety, shall discharge the said Treasurers, their heirs,
executors and administrators, for all such sums by them
paid pursuant to this ordinance.
And it is further Resolved and Directed, That the said
sum of fifty thousand Pounds, five Shillings, when printed
and signed as aforesaid, shall be delivered, one half thereof
to the Treasurer appointed by the Congress of New Jersey,
for the Eastern Division, and the other half to the
Treasurer appointed as aforesaid, for the Western Division
of this Colony; and each of the said Treasurers is
hereby directed immediately after receiving said bills to
sign as many of them as shall amount unto the sum of
one thousand Pounds; and the said Treasurers shall respectively
from time to time proceed to sign such further
part of the said sum of fifty thousand Pounds, five Shillings,
as shall be sufficient to answer the public uses of
this Colony, ready to be issued as aforesaid. Provided,
that not more than one thousand Pounds shall, after the
issuing the above sums, be, at any one time, remaining
in the hands of either of said Treasurers, signed by them
as aforesaid.
And it is further Resolved and Directed, That Messrs.
William Tucker, Abraham Hunt, Joseph Ellis, and
Alexander Chambers, be, and they are hereby appointed
Commissioners for the Western Division; and that Hendrick
Fisher, Azariah Dunham, Abraham Clark, and
Caleb Camp, be, and they are hereby appointed Commissioners
for the Eastern Division of this Colony; which
said Commissioners or the major part of them, are hereby
authorized and directed to receive of the Treasurers of
this Colony for the time being, appointed by this Congress,
or either of them, all such sum or sums of money
as they shall, from time to time, find necessary to expend
for the use of this Colony, pursuant to the resolutions
hereinafter mentioned.
And it is further Resolved and Directed, That the said
Commissioners be, and they are hereby authorized and
directed, to contract with artificers for, or otherwise purchase,
three thousand stand of arms, on the most reasonable
terms they possibly can; and also to purchase ten
tons of gunpowder, twenty tons of lead, one thousand
cartouch boxes, at any price, not exceeding nine Shillings
each; a quantity of flints, brushes, priming wire,
and cartridge paper, not exceeding one hundred Pounds
in value; two chests of medicine, with chirurgical instruments,
not exceeding three hundred Pounds in value;
four hundred tents, with camp equipage not exceeding
one thousand eight hundred and seventy Pounds in
value; two thousand blankets, not exceeding one thousand
five hundred Pounds in value; a number of axes,
spades, and other entrenching tools, not exceeding three
hundred Pounds in value; and a train of artillery, consisting
of twelve field pieces, of such sizes as the said
Commissioners shall judge most advantageous for the
defence of the Province, together with the necessary carriages,
ball, shot, and equipments.
And it is further Resolved and Directed, That the said
Commissioners do supply the troops of this Colony, when
called to action in this or any of the neighboring Colonies,
with one month's subsistence, at one Shilling per
day per man, or provisions to that amount, if necessary:
Provided, that the expense of such subsistence doth not
exceed the sum of one thousand four hundred Pounds in
value, and one month's pay for the troops of this Colony,
when called into actual service: Provided, that the Continental
Congress do not make provision for the same;
and provided also, that the pay of such troops, doth not
exceed the sum of four thousand Pounds in value.
And it is further Resolved and Directed, That the Treasurers
of this Colony be, and they are hereby enjoined to
pay to the said Commissioners, or to any three of them,
of the Eastern, or any three of the Western Division, or
their orders respectively all such sum or sums of money
as they may find necessary to expend for the purposes
aforesaid: Provided always, that no three Commissioners
of either division, shall draw out of the Treasury, any
greater sum than shall be sufficient for the purchasing
and providing one half of the articles, the said Commissioners
are above authorized to purchase and provide,
unless a major part of the said Commissioners give them
joint orders therefor: And the receipt or receipts from
the said Commissioners respectively for monies received
by them in manner above directed, shall be sufficient
vouchers, and discharges to the said Treasurers, or either
of them, their executors and administrators, for all monies
by them paid pursuant to this ordinance.
And in order that the said sum of fifty thousand
Pounds five Shillings, may be duly sunk, and the credit
of the same thereby effectually secured; it is resolved,
that the sum of ten thousand Pounds one Shilling,
be levied and paid into the Treasury of this Colony, on
the twenty-first day of December, in each and every of
the years one thousand seven hundred and eighty-seven;
one thousand seven hundred and eighty-eight; one thousand
seven hundred and eighty-nine; one thousand
seven hundred and ninety; and one thousand seven hundred
and ninety-one: in order that the same may be inspected,
cancelled, burnt and destroyed by the Congress of
this Colony, or, in their recess, the Committee of Safety.
And that said sum of ten thousand Pounds, one Shilling,
may be raised on the several inhabitants of this
Colony in the most equitable manner, in each of the
aforesaid years; it is resolved, that the same be raised in
manner following:
All householders, the tax of whose rateable estate, exclusive
of certainties, does not amount to six Shillings,
shall be rated at the discretion of the assessors, not under
two Shillings, nor above thirty Shillings.
All merchants and shopkeepers, shall be rated at the
discretion of the assessors, not under five Shillings, nor
above twenty Shillings for the same.
Every ferry shall be rated at the discretion of the
assessors, not under five Shillings, nor above five Pounds.
Every coasting sloop, schooner, shallop, flat, passage
boat, pilot boat, wood boat, and pettiauger, shall be rated
at the discretion of the assessors, in proportion to their
burden and business, not under three Shillings, nor
above thirty Shillings.
Every single man, who works for hire, and keeps a
horse, mare or gelding, shall be rated, not under four
Shillings, nor above ten Shillings.
Every single man who works for hire, and does not
keep a horse, mare, or gelding, shall be rated, not under
two Shillings, nor above six Shillings.
Provided always, That if any single man, who works
for hire, shall have any estate herein after made rateable,
the tax of which would amount to more than he is
above directed to be rated at, he shall be rated for such
estate only.
Every bought servant and slave, being male, of sixteen
years old and upwards (except such slaves as are not
able to work) shall be rated the sum of two Shillings.
Every riding chair or kittereen, shall be rated the sum
of one Shilling.
Every two horse chaise or curricle, shall be rated the
sum of two Shillings.
Every four wheel chaise or phaeton, shall be rated the
sum of five Shillings.
Every coach or chariot, shall be rated the sum of nine
Shillings.
Every waggon, the body of which hangeth on springs,
shall be rated the sum of two Shillings.
All cattle, horses, mares, and geldings, of two years
old and upwards, shall be estimated at eight Shillings
each head.
And the assessors in each respective Township or district,
shall, as nearly as may be, ascertain the real value
of all profitable tracts of land, held by deed, patent or
survey, including all the tenements, buildings, and other
improvements thereon; and, in making the assessments
thereof, the same shall be estimated at one-twentieth part
of the value ascertained as aforesaid.
All unimproved tracts of land, held by deed, patent,
or survey, shall be valued and estimated as aforesaid, at
the one-fortieth part of the real value thereof.
All mortgages, bonds, bills and notes at interest, which
shall be deemed recoverable and of value, and due to
the inhabitants of this Colony, shall be valued at one-twentieth
part of the principal thereof. Provided always,
that if any inhabitant of this Colony, shall pay interest
for a part or the whole of the sum he receives interest
for, then, and in such case, he shall not be rated or
assessed for any larger sum than the sum he receives
interest for exceeds the sum he pays interest for.
Every hawker or peddler, travelling on foot, and exposing
goods to sale (except such goods as are manufactured
in the United Colonies) before he or she exposes
any such goods to sale, shall, over and above all other
taxes, pay to the County Collector, who shall give a certificate
therefor, the sum of six Shillings in each County,
wherein the same are exposed to sale.
Every hawker or pedlar, travelling with a horse or
carriage, and exposing goods to sale as aforesaid, shall in
like manner, pay the sum of twelve Shillings.
And it is further Resolved, That the said ten thousand
Pounds, one Shilling, directed to be assessed in each and
every of the five years before mentioned, shall be collected
and paid into the treasury on or before the said
twenty-first day of December, in each of the said years,
in the proportions following, viz.:
By the County of Bergen, the sum of six hundred and
sixty-four Pounds, eight Shillings and two Pence.
By the County of Essex, the sum of seven hundred and
forty-two Pounds, eighteen Shillings and two Pence.
By the County of Middlesex, the sum of eight hundred
and seventy-two Pounds, six Shillings and eight Pence.
By the County of Somerset, the sum of nine hundred
and four Pounds, two Shillings and two Pence.
By the County of Monmouth, the sum of one thousand
and sixty-nine Pounds, two Shillings and eight Pence.
By the County of Morris, the sum of seven hundred
and twenty-three Pounds, eight Shillings and two Pence.
By the County of Sussex, the sum of five hundred and
ninety-three Pounds, five Shillings and four Pence.
By the County of Hunterdon, the sum of one thousand
three hundred and sixty-three Pounds, sixteen Shillings
and eight Pence.
By the County of Burlington, the sum of one thousand
and seventy-one Pounds, thirteen Shillings and four
Pence.
By the County of Gloucester, the sum of seven hundred
and sixty-three Pounds, two Shillings and eight
Pence.
By the County of Salem, the sum of six hundred and
seventy-nine Pounds, twelve Shillings and two Pence.
By the County of Cumberland, the sum of three hundred
and eighty-five Pounds, six Shillings and eight
Pence.
By the County of Cape May, the sum of one hundred
and sixty-six Pounds, eighteen Shillings and two Pence.
And it is further Resolved, That the inhabitants of this
Colony, at their town meetings to be held in each Township
in this Colony, on the second Tuesday in March
annually, in each of the years the said monies are directed
to be levied, shall elect proper persons to assess
and collect the aforesaid taxes; and in case the said
inhabitants shall neglect to choose assessors and collectors,
as aforesaid, or, in case any such so chosen, shall decease
or remove out of the Township in which he or they
were chosen, or be otherwise disabled from performing
the duties enjoined by this ordinance, that then the Committee
of the Township where such neglect, removal, or
disability may happen, shall elect others to supply such
vacancy; and if any person chosen assessor or collector
as aforesaid, shall neglect or refuse to execute the same,
agreeable to the directions of this ordinance, every person
so neglecting or refusing, shall forfeit and pay to the
Committee of the Township where he resides for the use
of such Township, the sum of five Pounds, for every such
neglect or refusal.
And it is further Resolved, That the Committee of each
respective County in this Colony, shall annually choose
a county collector, for receiving the aforesaid quotas, and
paying the same into the Treasury. And upon such
county collectors refusing or neglecting so to do, shall
forfeit and pay to such County Committee for every such
neglect or refusal, the sum of ten Pounds, for the use of
such County.
And it is further Resolved, That each of the assessors
chosen as aforesaid, shall, before they do anything in
pursuance of this ordinance, take the following oath or
affirmation:
"That you will truly value and assess the rateable
estates of the inhabitants of the Township or Precinct
of
pursuant to the directions of this
ordinance; and also assist the other assessors in settling
the quotas, according to the best of your skill and understanding."
And in order that the several and respective sums
aforesaid, may be equitably assessed and levied; it is further
resolved, that all and every of the inhabitants or
householders of each County in this Colony, on application
to them made by the assessors of the respective
towns or districts, chosen as aforesaid, shall forthwith
give a true account of their names, and estates, real and
personal, made rateable by this ordinance, and where
the same doth lie, which the assessors shall take down in
writing, with the value thereof, in order to be enabled
thereby to make just and true assessments, and to render
duplicates thereof to the town or district collectors chosen
as aforesaid, by the times hereinafter prescribed for that
purpose. And in case any of the inhabitants or householders,
shall at any time refuse to render a true account
of their rateable estate, as aforesaid, every such person so
refusing, shall forfeit the sum of three Pounds, and be
rated double the sum the said assessors in their discretion,
may suppose such person so refusing, might
otherwise in proportion to his estate, have been rated at.
And it is further Resolved, That in each of the years the
said ten thousand Pounds, one Shilling, is before directed
to be assessed, levied and collected, the assessors of each
town, or district, shall on or before the tenth day of
August, take an exact account of each person's rateable
estates, made rateable aforesaid, within their respective
districts; and on the first Monday in September in each
of the said years, the said assessors of every town and
district in each County in this Colony, shall meet together
at such places in each County as are appointed
by the laws of this Colony for the like purposes, and
there settle and adjust the quota each of the Townships
or districts in such County are to pay that year, to make
up the quota hereinbefore ascertained for such County:
Which quota of each Township being so fixed and ascertained
the said assessors of each Township or district, shall
then proceed to make said assessment: They shall first
compute the amount of the certainties in such Township
or district, and deduct the same from the quota of such
Township or district, together with all such forfeitures as
may be received by virtue of this ordinance; and, after
such deduction, the said assessors shall add their own,
and the township and county collectors fees to the remainder;
and assess such remainder and addition of fees
equally on the pound value of all the estates in their
respective Townships or districts, of which they may
have taken the value as hereinbefore directed, so as to
make up and pay the respective quotas as aforesaid, with
the additional charges of assessing, collecting and paying
the same into the Treasury as aforesaid; of which assessments,
the said respective assessors shall deliver exact
duplicates to the collectors of such districts within ten
days after settling the quotas as aforesaid. For assessing
and collecting which said assessments, the assessors
shall have six Pence, the town collector four Pence, and
the county collector two Pence on the pound for all
monies assessed and collected by virtue of this ordinance.
And whereas some owners of improved lands and
tenements, may not reside in the said County or Township
where the same shall be situated: It is therefore Resolved,
That the tenant or person occupying such land
and tenement, or either of them, shall be assessed for the
same, and may deduct such assessment out of the rent
with which he is chargeable for such land or tenement;
and where no tenant or person in the County occupies
such land, the tax for the same, shall be recovered of
the owner thereof in like manner as hereinafter is directed.
And every person seated on and holding land,
not having the property thereof, or paying rent for the
same, shall, notwithstanding be assessed for so much
lands, and tenants, as he or they shall actually occupy.
And it is further Resolved, That the Collectors of each
Township or District, shall in some convenient time after
receiving the aforesaid assessments from the assessors,
notify each particular person assessed thereof, informing
him of the time the same must be paid. And in case any
such assessments shall remain unpaid the first day of
November, after such assessment, the said Collector shall
make out a list of all such delinquents, with the sums in
which they are severally assessed, and lay the same before
the Committee of the County to which they belong;
which Committee are hereby directed and required to
make out a warrant of distress, directed to such person
or persons as they shall appoint for that purpose, requiring
distress to be made on all such delinquents goods
and chattels, to at least the amount of their respective
assessments, with the addition of eighteen pence for each
distress; directing, that such goods and chattels be sold
in five days after such distress, for paying their said
assessments, and costs of distraint. And in case any
person or persons shall think him or themselves aggrieved
by such assessment, every such person may appeal to the
Committee of the County in which he or they reside,
within one month after notice of such assessment; which
Committee shall proceed to hear such appeal, and give
suitable redress.
And in order to prevent dissentions in the several
Townships in this Colony, respecting settling their quotas,
from a suspicion that the assessors of some one town, have
valued the estates therein less than the assessors of another
town in the same County.
It is therefore Resolved, That in settling the quotas of
each township, the assessors shall produce an exact
account of the quantity of land in that township, with
the number of cattle and horses of two years old and
upwards, money at interest, and the before mentioned
certainties; which certainties shall be first deducted from
the quota of the County, as heretofore hath been practised
in like cases, and then divide the remainder to each
township upon the land, and money at interest; in which
division the land shall be valued between the sums
limited for each County, by the last act of assembly of
this Colony, for settling the quotas in the several Counties:
And the cattle and horses shall be valued at eight
shillings each head, and the money at interest at the one
twentieth part of the real amount thereof, and divide the
same upon the Pound value of such estates; which said
valuation, is only to regulate the division of the quotas
of each township. But, in making the assessments, the
said land, tenements, and real estate of each individual
is to be valued at the one twentieth part of the real
intrinsic value thereof, except tracts of land whereon no
improvement is made, which is to be valued at the one
fortieth part of the value thereof, as is before directed.
And it is further Resolved and Directed, That if any person
or persons, shall in this Colony refuse to accept in
payment any of the bills of credit emitted in virtue of
this ordinance, not exceeding ten Pounds, he or they so
refusing, shall forfeit the the sum of ten Pounds, and if
the sum tendered and refused as aforesaid, exceed the sum
often Pounds, then the person so refusing shall forfeit a
sum equal in value to the sum so refused; and in order
that the mode of recovery of the said sums so forfeited as
aforesaid, may be ascertained and established; it is further
directed, that on complaint against any person refusing said
bills as aforesaid, being made to the Committee of
the township where the same shall happen, the said Committee
shall give notice to said delinquent, that he be and
appear before them at a day and place to be ascertained
in such notice, to answer to the charge also to be specified
therein; and if it shall appear to the said Committee
by the oath or affirmation of two good and lawful witnesses,
that the said delinquent hath made such refusal,
and that he had, previous thereto, been informed of the
penalty to be incurred thereby, in virtue of this ordinance,
then, and in such case, the Chairman or deputy
Chairman of said Committee shall, by an order in writing,
under his hand, directed to some proper person to be appointed
by said Committee, authorize said persons to
make distress and sale of the goods, chattels and effects
of the delinquent, to the amount of the forfeitures incurred
as aforesaid, together with costs and expences, that
shall accrue by reason of said refusal, to be taxed by said
Committee; and the said person appointed to distrain as
aforesaid, shall proceed thereon in like manner and form,
as the distrainer is herein before directed for collecting
the assessments made in virtue of this ordinance; and
shall and may retain in his hands, one Shilling and sixpence,
if the sum levied as aforesaid, be under ten
Pounds; and if the same exceed ten Pounds, then the
addition of three pence the Pound for each distress and
sale; and the residue of the monies that shall arise from
said sale, he shall deliver to the owner of the goods and
chattels, distrained as aforesaid. And in case any such
delinquent shall think himself aggrieved by the determination
of the said Committee, he shall and may, within
five days after such determination, appeal to the Committee
of the County, he previously giving sufficient
security to the Chairman of said Township Committee,
to prosecute said appeal the next meeting of said County
Committee; and also for payment of all such sums,
costs, and charges as shall be adjudged against him by
the said County Committee; and in case he shall think
himself aggrieved by the determination of the said
County Committee, he may, within five days thereafter,
appeal therefrom to the Congress or Committee of Safety
of this Province, giving security to the Chairman or
deputy Chairmen of the said County Committee, to prosecute
said appeal at their next meeting; and also for
payment of all such sums, costs and charges, as shall be
adjudged against him, by the Congress or Committee of
Safety as aforesaid; which appeals, the several Chairmen
or deputy Chairman of the several Committees aforesaid,
are hereby required to grant on the above conditions.
And it is further Resolved and Directed, That all the forfeitures
adjudged, recovered, and collected as aforesaid,
shall be paid by the person collecting the same, to the
collector of the County where the delinquency happens,
to be by him as soon as may be thereafter, paid into the
hands of the Treasurers aforesaid, to be appropriated and
applied for the public uses of this Colony, as the Provincial
Congress shall order and direct.
—————
AN ORDINANCE
To prevent persons deserting places in danger of being
attacked, and for restraining such as are dangerous lo
the common cause, from taking refuge in this Colony.
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 it is to seek an asylum from ministerial
oppression, or the resentment of their injured
country, to whom they may have become obnoxious, by adhering
to the present system of tyranny now endeavouring
to be executed in America; and it being inconsistent
with the principles of persons properly attached to the
cause of liberty, to desert their Town or Country, at a
time their assistance may be absolutely necessary for its
defence, unless the support and maintenance of their
families may make such removal necessary. This Congress
do therefore think it advisable, that, although the
inhabitants of this Colony ought most cheerfully to receive
into their protection, and afford all the relief in
their power to all such as are helpless, and unable to
defend themselves, yet they ought to prevent the desertion
of places in immediate danger of an attack from the
enemy, by all who are proper to remain for the defence
thereof; and also to prevent persons inimical to the
liberties for which the United Colonies are contending,
from taking refuge in this Province: For remedy whereof
it is hereby Resolved, That all persons proper to bear arms
who have removed or may remove into this Colony from
any City or County of another Province, in danger of
being suddenly attacked, do immediately return to such
City or Province, to make that defence becoming every
good citizen, who entertains a proper sense of the worth
of liberty, and who has a due regard to his Country's
welfare; unless such person or persons shall produce
licenses or permits from the Committee of such City or
County from whence he or they remove, to reside in this
Colony; or unless the residence of such person in this
Colony may appear necessary for the support of his
family, which may be removed here for safety; or unless
such person or persons, from the present stagnation of
business may have no visible means of support in the
Colony from whence he came, and can procure such support
by his industry in this Colony. And the Committee
of each and every County and Township in this Colony
are directed to carry the above resolve into effect;
and to cause all such persons, except as abovesaid, to
return to the City or Province from whence they came,
after giving them a reasonable time to settle their families,
and transact any business that may appear necessary
for the public good, or their families support.
And it is further Resolved, That all suspected persons
removing into this Colony, shall immediately return to
the place they came from; unless their behaviour in this
Colony, shall render their detention as delinquents
proper: or unless such persons produce certificates from
the Committee of the City, Township or County from
whence they came, that they have signed the general
association recommended by the Continental or their
Provincial Congress; and have not by any subsequent
act contravened the same; or that they are deemed to be
well affected to the cause of American freedom. Which last
resolve, the respective Committees abovesaid, are also
requested to carry into effect.
—————
AN ORDINANCE
For directing the mode, and fixing the time for the election
of Deputies to serve in Provincial Congress, for
this Colony; and also to ascertain the qualification of
electors.
Whereas the ordinance for regulating the election of
Deputies, to serve in the Provincial Congress of this
Colony, doth not sufficiently answer the good purposes
intended:
And whereas, at this particular period, it appears to be
reasonable and expedient, to extend the qualification of
electors, to persons possessing certain degrees of property,
as well personal as real. And to the end that elections,
upon which the safety of the people so much depends,
may not be corruptly managed or obtained.
It is therefore Resolved and Directed, That all freeholders
qualified to vote for Representatives in General Assembly
in this Colony, who have signed the general association
recommended by this Congress; and all other persons of
full age, who, immediately preceding the election, shall
have resided for the space of one year in any County of
this Colony, and who are worth at least fifty Pounds
Proclamation money in personal estate, and have signed
the general association as aforesaid, shall be admitted to
vote in the County wherein he resides, for Deputies to
serve in Provincial Congress.
And in order that the good people of this Colony so
qualified as aforesaid, may have an opportunity of a new
choice of Deputies, and of renewing such choice annually,
during the continuance of the present troubles:
It is therefore further Resolved and Directed, That there
be a new choice of Deputies to serve in Provincial Congress,
for every County of this Colony, on the fourth
Monday in May yearly, and every year.
And it is further Resolved and Directed, That the inhabitants
of each County in this Colony, so qualified as aforesaid,
do meet together at the places hereinafter mentioned,
on the fourth Monday in May next, and on the
fourth Monday in May, annually, and then and there by
plurality of voices, between the hours of ten in the morning,
and three in the afternoon, proceed to elect any
number, not more than five, nor less than three substantial
Freeholders. Each of whom shall be bona fide,
worth five hundred Pounds Proclamation money, at the
least, in real and personal estate, to serve as Deputies,
with full power to represent such County in Provincial
Congress, to be held at the City of Burlington, on the
second Monday in June next. And that the places of
meeting for the election in each County, shall be, for the
County of Bergen, at the Court House in New Barbados.
County of Essex, at the Court House in Newark. County
of Middlesex, at the Court House in New Brunswick.
County of Somerset, at the Court House at Hillsborough.
County of Morris, at the Court House in Morristown.
County of Monmouth, at the Court House in Freehold.
County of Hunterdon, at the Court House in Trenton.
County of Sussex, at the Court House in Newton. County
of Burlington, at the Court House in the city of Burlington.
County of Gloucester, at the Court House in the
town of Gloucester. County of Salem, at the Court House
in the town of Salem. County of Cumberland, at the
Court House in Bridgetown, and County of Cape May, at
the Court House in the Middle Precinct.
Provided always, that this resolution shall not be construed
to prevent an adjournment of any election from
day to day, and from place to place, if the same shall be
found necessary.
And it is further Resolved and Directed, That the inhabitants
of this Colony, so qualified as aforesaid, on the first
day of each election, between the hours of ten in the morning,
and one in the afternoon, do proceed to elect one
substantial freeholder in each County to preside as Judge
of such election, who shall attend in person, and if a poll
be demanded, the election shall be conducted as follows:
Each candidate may appoint one Inspector, and one
Clerk; and each of the Clerks shall set down in writing
the names of the electors, and their numbers in the presence
of the Judge and shall make as many distinct columns
on fair paper, as there shall be candidates voted for;
but previous to which, every Clerk so appointed, shall,
by the Judge of the election, or by some magistrate then
present, be charged on his solemn oath or affirmation,
"Truly and impartially to take the votes and set down
the name of each elector; and the place of his residence,
and to poll no elector who is not attested, if so required
by the Judge or Inspectors of such election.
And it is further Resolved and Directed, That the Judge
of each election shall not declare the choice upon the
view, nor adjourn either to another day or place, without
the consent of the majority of the candidates, nor by any
unnecessary adjournment, delay the election: And shall
give a copy of the poll to every person that shall desire
the same, upon the payment of reasonable fees for writing
thereof. And if any freeholder shall be questioned as to
his qualification by either of the candidates or Inspectors,
such freeholder shall be charged by the Judge of such
election, or by some magistrate then present, on his
solemn oath or affirmation, "to declare or swear in the
presence of God, that he is, and hath been a freeholder
and resident in the County for one whole year immediately
preceding. That the estate for which he claims to
give his vote in such election, is his own proper estate,
and that it is not conveyed to him in trust, or on condition
that he should give his vote in such election for any
particular person whatsoever."
And if any elector, not being a freeholder so qualified
as aforesaid, shall be questioned as to his qualification
by either of the candidates or Inspectors, such elector
shall be charged in manner and form aforesaid, on his
solemn oath or affirmation, "To declare or swear, that he
is twenty-one years of age, that he hath immediately preceding
the election, resided for one whole year in the
county; that he is worth a clear estate of the value of at
least fifty Pounds proclamation money, and that he hath
not before voted at such election."
And it is further Resolved and Directed, That the Chairman
of the several County Committees in this Colony, do
give public notice of the time and place of such elections,
by putting up advertisements in writing, at least twenty
days before the time of each election, at one or more of
the most public places in each township or precinct in
the several Counties in this Colony.
And it is further Resolved and Directed, That the Deputies
so elected as aforesaid, shall receive a certificate of their
election in the words following, to wit, "We do hereby
certify, that on the day of the date hereof,
were declared duly elected Deputies for the
county of
in the Colony of New Jersey,
with full power to represent the said County in Provincial
Congress, to be held at
in the County of
on the
day of
next. As witness our hands and seals, this
day of
Anno dom.,
177 . Which certificate, under the hands and seals of the
Judge chosen to preside at such election, together with
five or more freeholders of the said county, shall be sufficient
evidence of such election. And the Deputies so
chosen as aforesaid, shall give their attendance in Provincial
Congress accordingly.
And it is further Resolved and Directed, That in case of
the death, or removal out of the Colony of any of the
Deputies so chosen as aforesaid, before the next annual
election; or in case the seat of any Deputy so chosen as
aforesaid, being declared vacant, the freeholders and
electors so qualified as aforesaid, of the County for which
such person was a Deputy, shall upon the receipt of a
warrant under the hand and seal of the President, or
Vice President for the time being. Directed to the Chairman
of such County Committee for that purpose, have
leave to proceed to a new election to supply his place.
Provided always, that such election be carried on and
regulated in such manner and form as herein is before
more particularly mentioned and expressed.
And it is further Resolved and Directed, That when and
as often as any new election of Deputies for the Colony
in general, to serve in any future Congress, shall be
directed to be held, the freeholders and electors so qualified
as aforesaid, of each County, do proceed to elect a
sufficient number of freeholders for each Township, to
constitute a County Committee of Observation and Correspondence,
with full power as well to superintend and
direct the necessary business of the County, as to carry
into execution the resolutions and orders of the Continental
Congress, the Provincial Congress, or Committee
of Safety of this Colony; subject nevertheless to the same
rules and regulations as are herein before resolved and
directed for regulating of elections of Deputies to serve in
Provincial Congress.
And it is further Resolved and Directed, That the freeholders
and inhabitants of each Township in this Colony,
do on the second Tuesday in March yearly, and every
year, proceed anew in like manner, to elect such a number
of proper persons as shall be thought necessary to
constitute Committees, to act as Committees of Observation
and Correspondence in each Township, with power
to transact the business referred to them by the Continental
Congress, the Provincial Congress, or Committee
of Safety of this Colony; or by the respective County
Committees.
And it is further Resolved and Directed, That on the
fourth Monday in May next, this Congress shall be, and
the same is hereby directed to be dissolved; any thing
in the ordinance of the late Provincial Congress of this
Colony, of the twelfth of August last, contained to the
contrary notwithstanding.
And it is further Resolved and Directed, That at all
future meetings of the Deputies chosen to represent this
Colony in Provincial Congress, the votes be taken from
the members individually, and not from the Counties
collectively.
And it appearing to this Congress to be essential to the
welfare of this Colony, that all persons chosen to serve as
Deputies in Provincial Congress, should, as far as their
particular circumstances admit, be perfectly free from
other public engagements.
It is therefore Resolved and Directed, That whenever it
shall appear, that any Deputy or Deputies in Provincial
Congress, have accepted any military office of profit
under the Continental or Provincial Congress, which
office may require the personal service of such Deputy
or Deputies, the seat of such Deputy or Deputies in Provincial
Congress, shall be declared vacant, and a new
election be ordered to fill up such vacancy: And such
Deputy or Deputies, during his or their continuance in
such office of profit, shall not be entitled to a seat, in this
or any future Congress.
And it is further Resolved and Directed, That the Deputies
so chosen as aforesaid, when met in Provincial Congress,
are and shall be judges of the qualification of their
own members, and shall have power to reject such persons
as are or shall be unduly elected Deputies to serve
in Congress: And also, to expel or disable all such Deputies
to sit or serve, who either, by ill practice in elections,
or by misbehaviour in Congress, shall, by this, or by any
future Congress, or the major part of them, be declared
unfit for a seat therein.
—————
AN ORDINANCE
For numbering the Inhabitants of this Colony.
Whereas it is recommended by the Honourable Continental
Congress, that the number of inhabitants of all
ages including negroes and mulattoes, in each Colony be
taken in order to settle an equitable quota of the taxes
which may hereafter be levied on the United Colonies,
for sinking the bills of credit, which have been, or may
be emitted for the the support and defence of the said
United Colonies.
Therefore be it Resolved, That the Committee of each
precinct or Township in this Colony, do, as soon as may
be, after the publication hereof, appoint one or more
person or persons, as they shall think proper, to take an
account of the number of inhabitants of all ages, including
negroes and mulattoes, within their respective
bounds; which said person or persons so appointed, shall,
within six days after being notified thereof in writing
by the Chairman of said Committee, repair to some justice
of the peace in the County where he or they reside,
who is hereby directed to administer to him or them the
following oath, or affirmation if a Quaker, to wit:
"You shall well and truly take a list of the number of
all the inhabitants of the Township of
in
the County of
according to the directions
of the Provincial Congress of New Jersey; and
make a fair and impartial return thereof, to the Chairman
of the Committee of the County of
So help you God."
And the said person or persons so qualified, shall, on
or before the twentieth day of August next, make return
of his or their list, containing the number of inhabitants
so taken, to the Chairman of the Committee of the County
to which they belong. Which County Committee are
hereby authorized to allow such reward for the said service,
as they shall think reasonable, by an order in
writing, signed by the Chairman of said Committee, and
directed to the County Collector, to be paid by him out
of the public money in his hands. And the said County
Committee, within one month after receiving said lists,
shall return the same, together with one general list,
comprehending the whole of the said inhabitants within
their respective jurisdictions, unto the Congress, or, during
its recess, to the Committee of Safety of this Colony.
—————
AN ORDINANCE
For incorporating the minute men lately raised in this
Colony into the body of militia; and for further regulating
said militia.
Whereas by a resolution of this Congress of the twelfth
of August last, a number of minute men were directed to
be raised, enlisted and enrolled in the several Counties
of this Colony, under officers to be appointed and commissioned
by this Congress, to hold themselves in constant
readiness to march to any place, where their assistance
might be required for the defence of this or any
neighbouring Colony.
And whereas, in obedience to said resolve, several companies
were enlisted and formed into battalions; since
which large numbers of said minute men having entered
into the Continental service, the said companies and battalions
are greatly reduced, and in no condition to answer
the design of their institution.
And whereas our defence, under God, chiefly depends
upon a well regulated militia.
It is therefore Resolved, That all the minute men heretofore
embodied in the several parts of this Colony, be immediately
dissolved, and incorporated with the militia
in the several companies in the district in which they
respectively reside, as though such minute men had
never been raised; anything in the above mentioned resolve
to the contrary notwithstanding.
And whereas by an ordinance of Congress, passed this
present sitting, all persons refusing to sign the general
association, with the proviso therein mentioned, are
directed to be disarmed, and give security for their future
good behaviour, and some doubts arising whether such
non-associators so disarmed, shall be subject to the fines
and forfeitures for non-attendance in the militia, as
directed by the late Military Ordinance. For removing
which doubts, it is further resolved, That each and every
person in this Colony, disarmed for refusing to sign the
said association, shall be subject to the same fines and
forfeitures for not attending and doing duty in the militia,
or paying an equivalent therefor, as directed by said
ordinance in the same manner, as though he had not
been disarmed.
And it is further Resolved, That all and every person or
persons, capable of bearing arms, who shall attend at
general musters, or at times appointed for learning military
discipline, and at such time or times, shall behave
himself or themselves rudely and disorderly, and disobey
the order of his or their Captain, or other Commanding
Officer, shall forfeit and pay for every such unruly and
disorderly behaviour, the sum of six Shillings, to be recovered
and applied as directed for non-attendance.
—————
AN ORDINANCE
For raising two Artillery Companies in New Jersey, and
providing for their pay and subsistence.
Whereas the present exigencies of the times renders
it necessary to raise at least two artillery companies for
the defence of this Colony, one to be stationed in the
Eastern, and the other in the Western Division thereof.
It is therefore Resolved, That two artillery companies, consisting
of sixty-four men, officers included, be immediately
raised, to be disposed of in this Colony, as the Congress,
Committee of Safety, Brigadier General of the
Division to which they respectively belong, shall direct;
each company to be commanded by a Captain, Captain-
Lieutenant, First and Second Lieutenants; and to consist
of a Fire-worker, four Sergeants, four Corporals, one Bombadier,(sic)
and fifty matrosses, all of whom are to be able-bodied
freemen, and to be enlisted for one year, unless
sooner discharged; and, when enlisted, shall sign the
following enlistment roll:
I
have this day voluntarily enlisted myself
in one of the artillery companies to be raised for the defence
of New Jersey, under the command of Captain
to continue in such company one year, unless
sooner discharged; and do bind myself to conform,
in all instances, to such rules and regulations, as are or
shall be established for the government of the Continental
forces, or for the said artillery companies, by the Congress
or Committee of Safety of New Jersey.
And it is farther Resolved, That there shall be paid to
the officers and privates of said companies, from the time
they respectively enter into the service, the same pay as
is allowed the artillery in the Continental service; which
shall be punctually paid by the pay masters hereinafter
named and appointed, or one of them; who shall pay
each officer ten shillings for every man he shall enlist in
said companies, passing muster; and also pay unto each
person so enlisted, one dollar a week for his subsistence,
from the time he enlists in such company, until he shall
be properly stationed, and otherwise provided for.
And it is further Resolved, That said companies shall, at
their own expence put themselves in proper uniform, and
furnish themselves with good muskets, or fuzees with
bayonets.
And it is further Resolved, That when any company shall
be raised, the Captain shall cause the said company to be
mustered in the presence of the Muster Masters, or either
of them, appointed to muster the Third Battalion, now
raising, who are hereby appointed Muster Masters for
that purpose; and upon such review, may reject such
persons as they or either of them may think unfit or improper
for such service. And if upon such review, such
Muster Master, who shall attend for that purpose, shall
find the said company complete, agreeable to the above
directions, shall thereupon certify the same on the back
of the muster roll of such company, to this Congress, or,
in their recess, to the Committee of Safety, in order that
commissions may be made out to the officers of such
company; which commissions, the Committee of Safety
of this Colony, during the recess of this Congress, upon
receiving certificates as above, are required to make out
and issue.
And it is further Resolved, That Azariah Dunham, Esq.,
be, and is hereby appointed Commissary and Paymaster
to the company of artillery in the Eastern Division of
this Province; and that Joseph Ellis, Esq., be, and is
hereby appointed Commissary and Paymaster to the said
company, directed to be raised in the Western Division.
Which said Commissaries shall pay off the said companies
monthly; and when assembled, and attending the
duty to which they are appointed, the said Commissaries
shall provide for such companies the same rations of provisions
and drink, as are allowed to the Continental
forces. The said Paymasters and Commissaries, before
they enter upon the execution of the trust hereby reposed
in them, shall severally take an oath, "That they will
well and truly do and perform the duties hereby enjoined
them, and render true accounts of their receipts and disbursements,
when required by a Congress of this Province,
or any other representative body of this Colony, who may
call for the same;" and deposit such deposition with the
Treasurer of the Division to which they belong. And
said Paymasters and Commissaries, shall have and receive
from the Treasurers of this Colony, appointed by
Congress, or either of them, all such sum or sums of
money, from time to time, as they or either of them shall
find necessary for the purposes aforesaid; and shall be
allowed a reasonable compensation for their time and
trouble, in receiving and paying the monies herein made
payable; and for procuring and supplying provisions for
said companies as aforesaid: And the receipts of the said
Paymasters and Commissaries, for all monies by them or
either of them received of the said Treasurers, or either
of them as aforesaid, shall be sufficient vouchers to indemnify
the said Treasurers, their executors and administrators,
for all monies by them or either of them, paid
out pursuant to the directions of this ordinance.
And it is further Resolved, That the muster masters shall
be allowed a reasonable compensation for reviewing
and mustering such companies.
—————
AN ORDINANCE
For paying a bounty on salt petre, and common salt,
manufactured in New Jersey, and for purchasing salt
petre.
Whereas by a resolution of this Congress, of the
twenty-fourth of October last, the sum of one thousand
Pounds, was voted to be appropriated for the payment of
the bounty of one Shilling per pound, over and above
the market price, for any quantity, not exceeding twenty
thousand weight, of good merchantable salt petre, made
and manufactured in this Colony, on or before the first
day of January, 1777.
And whereas it is necessary that some mode should be
adopted, in order that the appropriation of the above
bounty, may be attended with the beneficial effects designed.
It is therefore resolved and directed, That every
person in this Colony, who shall become a candidate for
the aforesaid bounty, or any part thereof, in order to be
entitled to the same, shall produce to the Treasurers of
this Colony, appointed by this Congress, or either of
them, a certificate under the hands and seals of the
Chairman of the Committee of the County where such
person resides, "That the quantity of salt petre for which
such person shall claim the bounty, was manufactured in
such County, at some time before the first day of January,
1777; that the same is good merchantable; and
that the claimant hath not before received any bounty
for the same."
And the several County Committees of this Colony, are
hereby authorized and directed, when any claimant for
the said bounty, shall apply to them, to examine such
claimant upon oath or affirmation, as to the purport of
the above certificate; and in order that the quality of
the salt petre may be sufficiently ascertained, the County
Committees are also directed to call in the aid of persons
well skilled in that commodity.
And as this Congress are desirous to give every possible
encouragement to this most necessary manufacture;
it is therefore resolved, unanimously, that the Committees of
each respective County in this Colony, do contract for all
such good merchantable salt petre that shall be made in
this Colony, at any time before the first day of September
next, and for which the aforesaid bounty shall be claimed,
at any price not exceeding three Shillings per pound for
the same, over and above the said bounty. And the said
Committees are hereby directed to purchase the same for
the use of this Colony, to be disposed of as the Congress
of this Province shall direct.
And it is further Resolved and Directed, That the said
Treasurers of this Colony, or either of them, out of the
fifty thousand Pounds made current in bills of credit, do
pay to the several persons, who, upon producing such
certificates, as aforesaid, shall or may claim the payment
of the above bounty, or any part thereof, such sum or
sums of money, as they shall respectively be entitled to
as aforesaid. And also to the Chairman of the several
County Committees of this Colony, or to their order given
in Committee, such sum or sums of money as the respective
County Committees shall have engaged to pay for
the purchase of such salt petre as aforesaid. Provided,
that the amount of the sums claimed to be paid as a
bounty, do not exceed the sum of one thousand Pounds,
and that not more than the sum of three thousand
Pounds, be advanced for the purchase of salt petre. And
the receipt of such claimants, or the receipt of the Chairman
of such respective County Committee, or person in
whose favour an order may be given as aforesaid, endorsed
on such certificates, shall be sufficient vouchers to the
said Treasurers, or either of them, for the payment of
such bounties, or for the purchase of salt petre as aforesaid.
And whereas the making of common salt in this
Colony, is a matter of the highest importance at this
time; it is therefore resolved, unanimously, that a bounty of
six Pence per bushel, for every bushel of good merchantable
salt, that shall be made in this Colony, at any time
before the first day of November, 1776. Which bounty
the said Treasurers of this Colony, or either of them, are
hereby required to pay, upon certificates duly attested,
and agreed to as aforesaid, under the hand and seal of
the Chairman of the Committee of the County where
such salt shall be made, certifying, that it hath been
proved by the oaths of credible witnesses, that such salt
hath actually been made in some County of this Colony,
at some time before the said first day of November,
1776; and that the claimant hath not before received
any bounty for the same, and the receipt of the Chairman
endorsed thereon, shall be sufficient vouchers to
the said Treasurers, or either of them, for the payment
of the said bounty.
—————
AN ORDINANCE
To provide for the payment of incidental charges.
Whereas it is necessary to provide for the payment of
such incidental charges as have accrued during the sittings
of this Congress.
It is therefore Resolved and Directed, That there be paid
to Samuel Tucker and John Dennis, Esquires, the Treasurers
appointed by this Congress, over and above the
money allowed by this ordinance for signing the bills of
credit, the sum of thirty Pounds proclamation money
each, for their services one year, to commence the first
day of March instant.
To each of the signers of said bills of credit, the sum
of ten Shillings per thousand, for so many thousand
Pounds, as they shall respectively sign.
To the President, and each of the members of this
Congress, and Committee of Safety, the sum of six
Shillings per diem, for every day they have, or shall
attend, during the continuance of this Congress, to be
certified by Mr. Fisher, Mr. Hart, Mr. Wetherill, Mr.
Clark, and Mr. Elmer, or any two of them.
To the Secretary of this Congress, fourteen Shillings
per diem, for each day that he hath or shall attend this
Congress, to be certified as aforesaid.
To each of the muster masters of this Colony, the sum
of twenty-five Shillings for every company he has reviewed,
or shall review by order of this Congress.
To the door keeper, the sum of five Shillings per diem,
for each day that he hath or shall attend this Congress.
To Myndert Voorhees, the sum of fifteen Pounds for
fire wood and candles, and for the use of his large room,
during the present sitting of this Congress.
And it is further Resolved and Directed, That there be
paid to the commissioners appointed to purchase arms
and ammunition, tents and other military stores, such
sum or sums of money, as the said commissioners or any
three of them shall agree upon, as necessary to be expended;
whose receipts shall be sufficient vouchers for
the payment of the same.
To John Carey, Esq., as a recompence for his services
as Secretary, during the last sitting of this Congress at
Trenton, and for revising and copying the minutes for
the press, the sum of eleven Pounds four Shillings, proclamation
money.
To Doctor Moses Scott, the sum of one Pound, sixteen
Shillings and three Pence, in full of his account, for
attending certain sick soldiers in New Brunswick.
To Robert Drummond, Esquire, the sum of nine
Pounds, three Shillings and four Pence, in full of his
account for removing the treasury and records in the
Secretary's office at Perth Amboy, to New Brunswick.
To John Dennis, Esq., the sum of seven Pounds, eight
Shillings and three Pence, for sundry expenditures, as
per account.
To John Pope, Esq., the sum of three Pounds, three
Shillings, for sundry expenditures, as per account.
To Ellis Cook, Esq.. the sum of one Pound, six Shillings
and eight Pence, in full of his account, for removing
the records in the Surveyor General's office at Perth Amboy,
to New Brunswick.
To Azariah Dunham, Esquire, the sum of two Pounds,
for his expenses, in going to, and returning from Philadelphia,
on a message to the Hon. Continental Congress.
To Abraham Clark, Esquire, for copying and correcting
the minutes and ordinances of this session for the
press, such sum as Azariah Dunham, and John Dennis,
Esquires, shall agree to be paid for that service.
Which certificates, with receipts indorsed thereon, shall
be sufficient vouchers to the said Treasurers, or either of
them; and shall discharge them, their heirs, executors,
and administrators, from the several payments, so made
and paid out of the treasury by virtue of this ordinance.
Journal
Of the Votes and Proceedings of the Convention
OF New Jersey, begun at Burlington the
Tenth of June, 1776, and thence continued by
Adjournment at Trenton and New Brunswick,
to the Twenty-first of August following, to
which is annexed sundry Ordinances and the
Constitution.
—————
Journal, &c.
NAMES OF THE DEPUTIES.
Bergen — John Demarest, Jacobus Post, John Van Boskirk,
Jacob Quackenbush, Daniel Isaac Brown.
Essex — Stephen Crane, Abraham Clark, Lewis Ogden,
Caleb Camp, Robert Drummond.
Morris — Silas Condict, Jacob Drake Ellis Cook, William
Woodhull, Jacob Green,
Sussex — Ephraim Martin, Casper Shaver, Thomas
Potts, Isaac Van Campen, John Cleves Symmes.
Somerset — Frederick Frelinghuysen, William Paterson,
John Witherspoon, Jacob R. Hardenbergh, James
Linn.
Middlesex — Moses Bloomfield, John Wetherill, John
Dunn, Jonathan D. Sergeant, John Combs.
Monmouth — Edward Taylor, John Covenhoven, Joseph
Holmes, James Mott, Josiah Holmes.
Hunterdon — Philemon Dickinson, John Allen, Samuel
Tucker, John Hart, John Mehelm.
Burlington — Peter Tallman,Thomas Reynolds, Thomas
Fennimore, Charles Read, Caleb Shreve.
Gloucester — John Sparks, John Cooper, Elijah Clark,
Joseph Hugg, Joseph Ellis.
Salem — Andrew Sinnickson, John Holme, Joseph
Shinn, Whitten Crips, Samuel Dick.
Cumberland — Theophilus Elmer, Jonathan Ayers,
Ephraim Harris, John Buck, Jonathan Bowen.
Cape May — Elijah Hughs, Jesse Hand, Thomas Leaming,
Jun., Joseph Savage, Hugh Hathorn.
Burlington, Monday, June 10, 1776,
The Provincial Congress of New Jersey, being appointed
to meet this day at Burlington, a number of the Members
met accordingly; but not being a sufficient number to
proceed upon business, adjourned till to-morrow morning
ten o'clock.
Tuesday, June 11, ten o'clock, A. M.
A sufficient number of Members not being yet come to
town, adjourned to three o'clock, afternoon.
The Members present met according to adjournment,
and a sufficient number attending, the certificates of their
elections were produced and read.
Adjourned to six o'clock, afternoon.
Met according to adjournment, and proceeded to the
election of a President and Secretary, when Samuel
Tucker Esquire, was, by a plurality of votes, chosen
President, (the votes being taken by ballot) and William
Paterson, Esquire, was unanimously chosen Secretary.
The Rev. Doctor Witherspoon opened the Congress
with prayer.
Upon motion,
Resolved, unanimously. That the doors of the Congress
be kept shut, and the debates and proceedings be kept
secret; except in those cases wherein the Congress order
otherwise.
The President laid before the Congress a letter from the
Honourable John Hancock, Esquire, President of the
Continental Congress, together with a number of resolutions,
which are as follow:
"In Congress, June 1, 1776.
"Resolved, That six thousand militia be employed to
reinforce the army in Canada, and to keep up the communication
with that Province; and, to make up that
number.
Resolved, That the Colony of Massachusetts-Bay be requested
to supply of their militia, 3,000 four battalions.
Connecticut, of their militia, 1,500 two ditto.
New Hampshire, of their militia, 750 one ditto.
New York, of their militia, 750 one ditto.
June 3, 1776.
Resolved, That the General be empowered to employ in
Canada a number of Indians, hot exceeding two thousand.
That thirteen thousand eight hundred militia be employed
to reinforce the army at New York; to complete
which number,
Resolved, That the Colony of Massachusetts-Bay be requested
to furnish of their militia, - - 2,000
Connecticut, of their militia, - - 5,500
New York of their militia, - - 3,000
New Jersey, of their militia, - - 3,300
Resolved, As the opinion of this Congress, that the
eleven battalions raised and ordered to be raised for the
protection of the New England Colonies are sufficient.
Resolved, That a flying camp be immediately established
in the middle Colonies, and that it consist of ten
thousand men; to make up which number,
Resolved, That the Colony of Pennsylvania be requested
to furnish of their militia, - - 6,000
Maryland, of their militia, - - 3,400
Delaware Government, of theirs, - - 600
That the militias be engaged to the first day of December
next, unless sooner discharged by Congress.
That the pay of the militias commence from the day
of their marching from home; and that they be allowed
one penny a mile, lawful money, in lieu of rations for
travelling expenses, and one day's pay for every twenty
miles between home and the general rendezvous going
and returning.
That two Provincial Brigadiers-General be employed
in the Canada department; one from Massachusetts-Bay,
and one from Connecticut.
That four Provincial Brigadiers-General be employed
in the New-York department; one from Massachusetts-
Bay, one from Connecticut, one from New-York, and one
from New Jersey.
That three Provincial Brigadiers-General be employed
for the flying camp; two from Pennsylvania, and one
from Maryland.
That the said Brigadiers-General be appointed by the
respective Colonies above mentioned.
Resolved, That it be earnestly recommended to the Assemblies,
Conventions, and Committees of Safety, in the
United Colonies, to fall upon the most effectual means
for removing the stocks, grain, and meal, from such parts
of their respective Colonies as are invaded, or are in imminent
danger of being invaded by the enemy.
That the General Assembly of the Colony of Massachusetts-
Bay, the Governor and Assembly of Connecticut,
the Conventions of New York and New Jersey and the
Conventions of such other of the United Colonies, in
which there are any lead mines, be requested to transmit
to Congress, with all convenient dispatch, the state and
condition of the lead mines in their respective Colonies,
and use the most speedy means to procure their being
wrought to effect.
Extract from the Minutes.
Charles Thomson, Sec."
"June 4, 1776.
Resolved, That it be recommended to the Assemblies and
Conventions of the Colonies requested to supply or furnish
militias by the resolutions of yesterday, to take
particular care that their militias come provided with
arms, accoutrements, and camp-kettles.
By order of Congress.
John Hancock,
President."
A letter was also laid before the Congress from his
Excellency General Washington, earnestly recommending
that the above resolutions respecting the Militia of New
Jersey be immediately carried into effect; whereupon,
Ordered, That Mr. Dickinson, Mr, Sergeant, Mr. Clark,
Mr. Frelinghuysen, Mr. Mehelm, Mr. Ellis, Mr. Elmer,
Mr. Cook, and Mr. Covenhoven, be a Committee to devise
ways and means for carrying the said resolutions
into immediate effect.
Adjourned till to-morrow morning, eight o'clock.
Wednesday, June 12.
Met according to adjournment, and opened with prayer,
pursuant to the standing order of the House.
Resolved, unanimously, That in all divisions upon any
question, if any member move to insert the yeas and
nays on the Minutes, and is seconded, the same shall be
inserted.
On motion,
That not less than two-thirds of the deputies of this
Congress be a quorum or body sufficient to do business;
the same was carried in the negative as follows:
Yeas—
Mr. Drummond,
Allen,
Hart,
Dickinson,
Taylor,
|
Covenhoven,
Holmes,
Mott,
Sparks,
Cooper
|
Demarest,
Post,
Van Boskirk,
Quackenbush.
|
Nays—
Mr. Abrah'm Clark,
Condict,
Paterson,
Witherspoon,
Hardenbergh,
Mehelm,
Josiah Holmes,
Elijah Clark,
Hugg,
Ellis,
Elmer,
|
Cook,
Woodhull,
Ayers,
Harris,
Bowen,
Hughes,
Hand,
Leaming,
Savage,
Hathorn,
Bloomfield,
|
Green,
Frelinghuysen,
Sergeant,
Combs,
Martin,
Shaver,
Potts,
Van Campen,
Symmes,
Sinnickson.
|
Resolved, That a majority of the members elected be always a quorum sufficient to transact any business.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
A letter from the Honourable President Hancock, was read, inclosing a resolution of the Continental Congress of the 11th instant, and urging to dispatch in forward the Militia.
Richard Smith, Esquire, one of the Delegates, for this Colony, in the Continental Congress, asking leave to resign his seat there on account of indisposition;
Ordered, That his resignation be accepted.
A memorial from Azariah Dunham, Esquire, requesting the appointment of commissary and paymaster to the troops about to be raised in this Colony for the continental service; was read and ordered a second reading.
A memorial from the commissioners of the Western
Division respecting the procuring tents, &c., was read,
and ordered a second reading.
A letter from the Honourable Edmund Pendleton,
Esquire, President of the Convention of Virginia, inclosing
the resolutions of the said Convention respecting the
independence of these Colonies; read, and ordered to be
filed.
A letter from the Provincial Congress of New York,
respecting a defection in Bergen County in this Colony,
together with some affidavits respecting the same; were
read, and ordered to be filed.
A letter from Colonel David Brearley, of the County
of Monmouth, complaining of sundry disaffected persons
in his regiment; read, and ordered a second reading.
Resolved, That Dr. Roan be requested to attend the
western company of artillery; and that this Congress
will defray the expense of such attendance.
Two petitions from sundry inhabitants of Burlington
County, setting forth, that for certain reasons therein
mentioned, no Deputies were elected to represent the said
County in the Provincial Congress, and praying that this
Congress would appoint a day for the election of Deputies
in that County; read and ordered a second reading.
A petition from sundry inhabitants of the County of
Monmouth, praying that none of the militia may be
taken out of that County, as it lies so exposed to hostile
invasion; read, and ordered a second reading.
Two petitions from sundry inhabitants of the south
ward of the city of Perth Amboy, in the County of Middlesex,
praying that the Government under the King of
Great Britain may be suppressed, and that this Congress
would point out and establish some more suitable form
of Government; read, and ordered a second reading.
A petition from sundry inhabitants of the County of
Hunterdon, setting forth that John Allen, Esquire, was
elected a Deputy for that County to serve in Provincial
Congress, and praying that his election may, for reasons
therein mentioned, be vacated; read, and ordered a second
reading.
Adjourned till eight o'clock to-morrow morning.
Thursday, June 13.
Met according to adjournment.
John De Hart, Esquire, one of the Delegates in Continental
Congress, asking leave to resign his seat on account
of the situation of his family and affairs;
Ordered, That his resignation be accepted.
A petition from sundry persons in Captain Maitland's
company, in the Township of Alexandria, and County of
Hunterdon, praying that the petitioners may, for reasons
therein mentioned, be taken from the said company and
annexed to a company in Greenwich, in the County of
Sussex; read, and ordered a second reading.
The Committee to whom were referred the Resolutions
of the Continental Congress for detaching the militia,
made report; which was read, and ordered a second
reading.
Adjourned to three o'clock afternoon.
Met according to adjournment.
Two petitions from the inhabitants of Somerset County,
praying that a bounty may be offered to induce the
militia to turn out as volunteers, and that the expense
thereon arising may be defrayed by assessments on the
ratable estates of the inhabitants in general; were read,
and ordered a second reading.
The report of the Committee to whom were referred
the Resolutions of the Continental Congress, &c., read a
second time; and, after some time spent thereon, recommitted
to the same Committee.
The two petitions from sundry inhabitants of Burlington
County, praying a day to be appointed for the election
of Deputies, &c., read a second time.
Whereas, by a late ordinance of the Provincial Congress
of New Jersey, it was resolved and directed, "That all
Freeholders qualified to vote for Representatives in
General Assembly in this Colony, who have signed the
general association recommended by this Congress;
and all other persons of full age, who immediately preceding
the election, shall have resided for the space of
one year in any County of this Colony, and who are
worth at least fifty pounds, Proclamation money in
personal estate, and have signed the general association as
aforesaid, shall be admitted to vote in the County
wherein they reside for Deputies to serve in Provincial
Congress:" And by the said ordinance, the said electors
in each County were directed to meet on the fourth
Monday in May last, at the particular places therein
mentioned, and elect Deputies to serve in Provincial
Congress : Notwithstanding which the electors of the
County of Burlington neglected to elect such Deputies
on the day in said ordinance particularly prescribed;
and no power being given to the electors of any County
wherein such negligence happened, to proceed to the
election of Deputies on any other day, and several of the
inhabitants of said County having prayed relief in the
premises: It is therefore resolved, That the electors of the
County of Burlington, qualified to vote for Deputies to
serve in Provincial Congress by virtue of said ordinance,
do meet at the Court House in the city of Burlington, on
Thursday, the twentieth day of this instant June, between
the hours of ten in the forenoon and one in the afternoon,
of said day, and proceed to the election of Deputies
to serve in Provincial Congress; and also of a County
Committee, pursuant to the directions of said ordinance.
Adjourned till to-morrow morning, eight o'clock.
Friday, June 14.
The Committee to whom the report of the Committee
upon the resolves of the Continental Congress was recommitted,
made report of the same; which was read,
and being amended, was agreed to, and ordered to be
engrossed.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
On motion,
1. Resolved, That, in the opinion of this Congress, the
Proclamation of William Franklin, Esquire, late Governor
of New Jersey, bearing date on the thirtieth day of
May last in the name of the King of Great Britain, appointing
a meeting of the General Assembly, to be held
on the twentieth day of this instant June, ought not to
be obeyed.
On the question,
The above resolution passed as follows:
Yeas—
Mr. A. Clark,
Condict,
Drake,
Cook,
Woodhull,
Green,
Frelinghuysen,
Paterson,
Witherspoon,
Hardenbergh,
Linn,
Hart,
Mehelm,
|
Covenhoven,
Mott,
Sparks,
Cooper,
E. Clark,
Hugg,
Ellis,
Elmer,
Ayers,
Harris,
Bowen,
Hand,
Leaming,
|
Hathorn,
Bloomfield,
Wetherill,
Dunn,
Sergeant,
Combs,
Martin,
Shaver,
Van Campen,
Symmes,
Sinnickson,
John Holme.
|
Nays—
Mr. Drummond,
Dickinson,
Allen,
Joseph Holmes,
|
Hughes,
Savage,
Demarest,
Post,
|
Van Boskirk,
Brown,
Potts.
|
Adjourned till to-morrow morning, eight o'clock.
Saturday, June 16.
Met according to adjournment.
A Petition of sundry inhabitants of the north ward of the city of Perth Amboy, praying that the government of the Province of New Jersey may not be changed: as also a petition from sundry inhabitants of the township of Shrewsbury, in the County of Monmouth to the same effect; read, and ordered a second reading.
On motion,
2. Resolved, That, in the opinion of this Congress, the said William Franklin, Esquire, by such proclamation, has acted in direct contempt and violation of the resolve of the Continental Congress of the fifteenth day of May last;
ON the question,
The said resolution passed as follows:
Yeas—
Mr. A. Clark,
Condict,
Frelinghuysen,
Paterson,
Witherspoon,
Hardenbergh,
Linn,
Hart,
Mehelm,
Covenhoven,
Mott,
Josiah Holmes,
Elijah Clark,
Sparks,
|
Drake,
Cook,
Cooper,
Hugg,
Ellis,
Elmer,
Harris,
Bowen,
Hand,
Leaming,
Hathorn,
Bloomfield,
Wetherill,
Dunn,
|
Woodhull,
Green,
Sergeant,
Combs,
Demarest,
Post,
Quackenbush,
Martin
Shaver,
Van Campen,
Symmes,
Sinnickson,
Holme.
|
Nays—
Mr. Drummond,
Dickinson,
Allen,
Taylor,
|
Joseph Holmes,
Hughes,
Savage,
|
Van Boskirk,
Brown,
Potts.
|
On motion,
3. Resolved, That, in the opinion of this Congress, the
said William 1^'ranklin, Esquire, has discovered himself
to be an enemy to the liberties of this country; and that
measures ought to be immediately taken for securing the
person of the said William Franklin, Esquire:
On the question.
The said resolution passed as follows:
Yeas—
Mr. A. Clark,
Camp,
Condict,
Drake,
Cook,
Woodhull,
Green,
Frelinghuysen,
Paterson,
Witherspoon,
Hardenbergh,
Linn,
Hart,
Mehelm,
|
Covenhoven,
Mott,
Josiah Holmes,
Sparks,
Cooper,
E. Clark,
Hugg,
Ellis,
Elmer,
Harris,
Bowen,
Hand,
Leaming,
Savage,
|
Hathorn,
Bloomfield,
Wetherill,
Dunn,
Sergeant,
Combs,
Demarest,
Quackenbush,
Martin,
Shaver,
Van Campen,
Symmes,
Sinnickson,
John Holme.
|
Nays—
Mr, Drummond,
Dickinson,
Allen,
Taylor,
|
Joseph Holmes,
Hughes,
Post,
|
Van Boskirk,
Brown,
Potts.
|
On motion,
4. Resolved, That, in the opinion of this Congress, all
payments of money on account of salary, or otherwise,
to the said William Franklin, Esquire, as Governor,
ought from henceforth to cease; and that the Treasurers
of this Province shall account for the moneys in their
hands to this Congress, or to the future Legislature of
this Colony.
On the question,
The said resolution passed as follows:
Yeas—
Mr. Abrah'm Clark,
Camp,
Condict,
Drake,
Cook,
Woodhull,
Frelinghuysen,
Paterson,
Witherspoon,
Hardenbergh,
Linn,
Dickinson,
Hart,
Mehelm,
Taylor,
Covenhoven,
|
Joseph Holmes,
Mott,
Josiah Holmes,
Sparks,
Cooper,
Clark,
Hugg,
Ellis,
Elmer,
Harris,
Bowen,
Hughes,
Hand,
Learning,
Savage,
Hathorn,
|
Bloomfield,
Wetherill,
Dunn,
Sergeant,
Combs,
Demarest,
Post,
Van Boskirk,
Quackenbush,
Martin,
Shaver,
Van Campen,
Symmes,
Sinnickson,
John Holme.
|
Nays—
John Zabriskie, of Bergen County, desiring leave to
resign his commission as Lieutenant Colonel of the battalion
in that County;
Ordered, That his resignation be accepted.
Resolved, That the following order do issue to Colonel
Nathaniel Heard, of the first battalion of Middlesex
County:
The Provincial Congress of New Jersey, reposing great
confidence in your zeal and prudence, have thought fit
to entrust to your care the execution of the enclosed
resolves. It is the desire of Congress that this necessary
business be conducted with all the delicacy and tenderness
which the nature of the business can possibly admit.
For this end you will 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 Princeton, Bordentown, or his own farm at
Rancocus. When he shall have signed the parole, the
Congress will rely upon his honour for the faithful performance
of his engagements; but should he refuse to
sign the parole, you are desired to put him under strong
guard, and keep him in close custody, until the further
order of this Congress. Whatever expense may be necessary
for this service will be cheerfully defrayed by the
Congress. We refer to your discretion what means to
use for that purpose; and you have full power and
authority to take to your aid whatever force you may
require.
John Hart, Esq., was elected Vice President.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
A sufficient number not attending to proceed on business,
adjourned to Monday morning, ten o'clock.
Monday, June 17.
Met according to adjournment, and a few only of the
members attending, adjourned to three o'clock, afternoon.
Met according to adjournment.
A petition from the Township Committee of Windsor,
in the County of Middlesex, praying that a new mode of
government may be established, that men above fifty
may bear an equal burden, &c., was read, and ordered a
second reading.
Mr. Ellis, Mr. Clark, and Mr. Camp, having resigned
their office as Commissioners;
Ordered, That their resignations be accepted.
Mr. Ellis having resigned his office of Paymaster and
Commissary for the company of artillery in West Jersey;
Ordered, That his resignation be accepted.
Ordered, That John Ross, of Woodbridge, and Isaac
Woodruff, of Elizabethtown, be Commissioners for the
Eastern Division, in the room of Mr. Clark and Mr.
Camp, in order to purchase tents, canteens, &c., and that
David Pinkerton, of Trenton, be a Commissioner for the
Western Division in the room of Mr. Ellis.
A memorial from the Western Commissioners, appointed
to procure tents, &c., was read a second time.
Whereas the Commissioners appointed to purchase
tents and camp equipage, were restricted in the price,
and, from their memorial now before this Congress, it
appears that they are at loss to determine what was intended
to be comprised under the terms camp-equipage;
It is therefore resolved unanimously, That the said Commissioners
immediately purchase on the most reasonable
terms they can, four hundred tents, two thousand knapsacks,
two thousand haversacks, and two thousand canteens,
together with the six hundred and sixty camp
kettles, ordered by the resolve of this Congress, bearing
date the fourteenth day of this instant June.
Ordered, That Benjamin Holme, of the County of Salem,
be Paymaster and Commissary for the Company of
Artillery in West Jersey, in the room of Mr. Ellis, who
has resigned.
A petition from the inhabitants of Maidenhead, in the
County of Hunterdon, praying that a new mode of government
may be established; that all future elections be '
annual and by ballot; that the doors of Congress be kept
open except in cases where secrecy is necessary, &c., was
read, and ordered a second reading.
A remonstrance from sundry inhabitants of the County
of Burlington, complaining of the extravagant price of
goods, &c., and praying relief; read, and ordered a second
reading.
Pursuant to a certificate of election:
Ordered, That the following persons be commissioned
as officers in a company of militia in the County of Hunterdon,
in the battalion whereof Isaac Smith, Esquire, is
Colonel, to wit: John Hunt, Captain, Henry Mershon,
First Lieutenant, Ralph Lanning, Second Lieutenant,
Ely Moore, Ensign.
Ordered, That on Friday next, in the forenoon, this
Congress will consider the propriety of forming a government;
will draught instructions for the Delegates in
Continental Congress; and will elect Delegates to represent
this Colony in said Congress,
The petition from sundry persons in Captain Maitland's
Company, in Hunterdon County, read a second
time; whereupon.
Ordered, That the several persons included within the
boundaries of the road from Dunlap's Ferry and the Hell
Town road over Musconetcunk on the south and east,
and the river Delaware and Musconetcunk on the north
and west, be added to the company late of Captain Andrew
Sprowle, in Sussex County, on account of their particular
situation.
On reading a second time the memorial of Colonel
David Brearley, respecting certain disaffected persons in
Monmouth County; and the letter from the President of
the Provincial Congress in New York, stating the circumstances
of a defection in Bergen County, &c.
Ordered, That the same be referred to Colonel Dick,
Mr. Sergeant, Mr. Symmes, Colonel Covenhoven and Mr.
Brown.
Adjourned till to-morrow morning, eight o'clock.
Tuesday, June 18.
Met according to adjournment.
A letter from Colonel Heard, of the 17th instant, read,
and is in the words following, to wit:
To Samuel Tucker, Esq., President of the Provincial Congress
at Burlington, per express.
Sir:— Agreeably to an order and resolve of the Provincial
Congress, lately sent me, I this morning, with
Major Deare, went to Governor Franklin, and desired
him to comply with the order of Congress, and sign the
parole sent me, which he absolutely refused to do, and
forbid me, at my peril, to carry the order into execution.
We then left the Governor's house, and ordered a company
of militia, which were in readiness, to attend, and
have placed a guard of about sixty men at and around
his house. I expect he will persist in refusing to comply
and therefore send this per express, and beg the further
directions of the Congress respecting this matter, as
soon as possible, by return of the bearer, and shall act
accordingly.
I am, in great haste.
Sir, your most humble servant,
Nathaniel Heard.
Amboy, June 17, 1776.
Ordered unanimously. That a copy of the following letter
be signed by the President, and sent to Colonel
Heard:
Sir:— It is the desire of Congress, that you immediately
bring William Franklin, Esquire, to this place, under
such guard as you may think sufficient.
Ordered unanimously, That a copy of the following letter
be signed by the President, and sent to the Honourable
John Hancock, Esq., President of the Continental
Congress:
Sir:— Our Colony has of late been alarmed with sundry
attempts of disaffected persons to create disturbances.
The proclamation of Mr. Franklin, our late Governor,
for calling together the Assembly, is one of these which
we have thought deserving the most serious attention.
Enclosed we have sent a copy of certain resolves, which
we have thought necessary to pass on the occasion; together
with a copy of our instructions to Colonel Heard.
We this minute received by express from Colonel
Heard, a letter, 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 for the general
good of the United Colonies, that Mr. Franklin should
be removed to some other Colony; Congress will easily
conceive the reasons of this application, as Mr. Franklin,
we presume, would be capable of doing less mischief in
Connecticut or Pennsylvania than in New Jersey. Whatever
advice Congress may think proper to give us, we
shall be glad to receive; and would further intimate
that the countenance and approbation of the Continental
Congress would satisfy some persons, who might otherwise
be disposed to blame us.
The enclosed printed papers will shew what steps we
have taken with respect to the militia.
Ordered, That Cornelius Blanchard be Brigade Major
for the eastern division of New Jersey, and be commissioned
accordingly.
Ordered, That the Commissioners immediately purchase
one or more ammunition waggons, for the use of
each of the artillery companies of this Colony.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Memorial from the County Committee of Hunterdon,
respecting certain disaffected persons in that County;
read, and referred to the Committee for considering the
memorial of Col. David Brearley, &c.
Henry Hand, Esq., Lieutenant Colonel of the battalion
of Cape May, having resigned his commission,
Ordered, That his resignation be accepted.
Eli Eldridge, Esq., First Major of the same battalion,
having resigned his commission,
Ordered, That his resignation be accepted.
Thomas Leaming, Esq., Adjutant of the same battalion,
having resigned his commission.
Ordered, That his resignation be accepted.
Pursuant to a certificate of election,
Ordered, That the following persons be commissioned
as officers in a company of light infantry, in the Township
of Middletown, County of Monmouth, to wit: John
Burrowes, Jun., Captain, Jonathan Forman, First Lieutenant,
James Whitlock, Second Lieutenant, Samuel Carhart,
Third Lieutenant.
The petition from sundry inhabitants of Hunterdon
County, praying the election of John Allen, Esq., for certain
reasons, to be vacated, &c.; read a second time;
On the question.
Whether the prayer of the said petition be granted?
It passed in the negative.
James Mott, Second Major of the second battalion of
foot militia, in Monmouth County, having resigned his
commission,
Ordered, That his resignation be accepted.
Adjourned till to-morrow morning, eight o'clock.
Wednesday, June 19.
Met according to adjournment.
Agreeable to certificate of election,
Ordered, That William Tucker be Captain, John Fitch,
First Lieutenant, Isaiah Yard, Second Lieutenant, and
Joseph Clunn, Ensign, of a company in Trenton, in the
County of Hunterdon, whereof Isaac Smith, Esq., is
Colonel.
A petition from sundry inhabitants of the Township of
Shrewsbury, in Monmouth County, praying that no new
mode of government may be established; that the present
may continue, as being sufficient for the exigency of
our affairs; and that no measures may be adopted that
tend to separate this Colony from Great Britain; was
read, and ordered a second reading.
A petition from the south ward of New Brunswick,
praying that a new government be established; and that
a speedy and absolute independence upon Great Britain
be proclaimed, &c.; read, and ordered a second reading.
A petition from the Committee of Tewkesbury and
Readingtown, in Hunterdon County, praying that the
bounty offered by a late resolve of this Congress, in order
to induce the militia to turn out, may be augmented;
read, and ordered to lie on the table.
The Committee of the north ward of the City of Perth
Amboy, having transmitted to this Congress an appraisement
of arms, taken from the non-associators within
their bounds;
Ordered, That the same be filed.
The Committee to whom were referred the memorials
and representations respecting certain disaffected persons
in the Counties of Monmouth, Hunterdon, Bergen,
and Sussex, made report, and, after sundry amendments,
the same was agreed to, and the Congress came to sundry
resolutions thereupon, which are as follow, viz,:
Resolved, That it be referred to the County Committee
of Sussex, to take order with the persons who have been
charged with behaving in a disorderly manner in that
County; and that they be empowered to punish the delinquents
according as the case may require, not exceeding
fine and imprisonment.
Resolved, That the affidavits transmitted to this Congress,
by the President of the Provincial Congress of
New York, respecting a supposed defection in the County
of Bergen, be transmitted to the Committee of that
County; and that they be directed immediately to examine
strictly into the truth of the case, and report their
proceedings to this Congress as speedily as possible.
Resolved, That the following persons, Richard Robins
and Moses Ivins, of the County of Monmouth, and John.
Vaught, Frederick Fritz, George Updike, and William
Rittenhouse, of the County of Hunterdon, be required to
attend this Congress, on Tuesday, the twenty-fifth day
of this instant June, at nine o'clock in the forenoon, and
that the President employ persons to serve the summonses.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Pursuant to certificate of election.
Ordered unanimously, That David Chambers, Esquire,
be Colonel, Thomas Lowrey, Lieutenant-Colonel, and
Cornelius Stout, Second Major, of the Third battalion of
foot militia in the County of Hunterdon.
A petition from part of Captain John Phillips' company,
in the Third battalion of Hunterdon, praying that
the said company may be joined to the First battalion ;
read, and ordered to lie on the table.
The memorial of William Nathaniel French, setting
forth, that the estate of his father and family, of whom
he is the representative, lies in England and the Island
of Barbadoes, and lest the same may be forfeited, praying
that he may be exempted from all military calls,
associations, &c.; read, and ordered to lie on the table.
Whereas, some doubts have arisen whether the late
ordinance of the Provincial Congress, directing a bounty
of one Shilling a Pound to be paid for all merchantable
saltpetre manufactured in this Province, should be allowed
on any saltpetre unless in those cases where the
same was purchased by the respective Committees; for removing
which doubts.
Resolved, That the aforesaid bounty be paid for all saltpetre
manufactured in this Colony, upon the proof, and
under the limitations in the said ordinance directed,
whether the same be sold in this or any other Colony.
Ordered, That Dr. Thomas Ewing be appointed Surgeon
to the battalion directed to be raised in the Counties
of Burlington, Gloucester, Cumberland and Salem,
under the command of Colonel Silas Newcomb.
Ordered, That the Commissioners for the company of
artillery in West Jersey, immediately purchase the following
articles, for the use of said company, viz.:
Powder,
Cannon ball,
Double headed and grape shot,
Lead,
|
600
500
1500
600
|
weight
ditto
ditto
ditto
|
Knapsacks and haversacks, sixty-four of each; intrenching
tools, spades and shovels, twenty; hoes, six; two
worms; four rammers and spunges; four handspikes,
capped with iron.
A sufficient quantity of coarse oznabrigs [oznaburg], or crocus, for
making up cartridges with grape shot; three dozen canisters
for the same purpose; six hundred tubes, ready
filled; and a sufficient quantity of port-fires, tube-boxes,
and boxes for transportation of cartridges.
Adjourned till to-morrow morning, eight o'clock.
Thursday, June 20.
Met according to adjournment.
Pursuant to certificate of election from the Committee
of Salem, prior to the Militia Ordinance,
Ordered, That Samuel Dick, Esq., be Colonel, Whitton
Cripps, Esq., Lieutenant-Colonel, William Mecum, Esq.,
First Major, and Edward Hall, Esq., Second Major, of
the western battalion of the said County, and that they
be commissioned accordingly.
A letter from President Hancock, of the nineteenth
instant, was read; together with a resolve of the Continental
Congress, in the words following, viz.:
"In Congress, June 19, 1776.
Resolved, That it be recommended to the Convention of
New Jersey, to proceed on the examination of Mr. Franklin;
and if, upon such examination, they shall be of
opinion that he should be confined, to report such opinion
to this Congress, and then this Congress will direct the
place of his confinement, they concurring in sentiment
with the Convention of New Jersey, that it would be improper
to confine him in that Colony.
Extract from the Minutes.
Cha. Thomson,
Sec."
Adjourned to six o'clock, afternoon.
Met according to adjournment.
The certificate of election for Members of Congress for
the County of Burlington; read, allowed and filed.
Adjourned till to-morrow morning, eight o'clock.
Friday, June 21.
Met according to adjournment.
A petition from sundry inhabitants of the township of
Morris, in the County of Morris, praying that all officers
in civil government may be annually elected by the
people; that the fees of all officers may be as low as possible,
&c., was read, and ordered a second reading.
Ordered, That the President write to General Livingston,
and inform him, that it is the desire of Congress
that he would take the command of the militia destined
for New York.
The Honourable the Continental Congress having resolved
"That letters be written to the Conventions of
New Jersey and New York, and to the Assembly of
Connecticut, recommending to them to authorize the
Commander-in-Chief in the Colony of New York, to call
to the assistance of that Colony, when necessity shall
require it, such of the militia of those Colonies as may
be necessary; and to afford him such other assistance
as the situation of affairs may require : and that it be
further recommended to the Convention of New York,
to empower the said Commander-in-Chief, to impress
carriages and water craft, when necessary, for the publick
service; and also to remove ships and other vessels
in Hudson's and the East rivers, for the purpose of
securing them from the enemy."
This Congress, sensible of the importance of securing
New York against the attempts of the enemy to cut off
the communication between the Eastern and Southern
Colonies; and although they have directed the immediate
raising of five battalions to join the Continental army
for that purpose; yet, as it is impossible to ascertain the
number of the enemy, they are of opinion that, in the
present uncertain state of publick affairs, the inhabitants
of this Province ought, in cases of extraordinary danger,
to give all the occasional assistance in their power, especially
as the fate of America may perhaps depend upon
the issue of this summer's campaign, do resolve, that in
case the Commander-in-Chief of the Continental forces at
New York, upon the arrival of British troops, shall stand
in need of the aid of the militia of this Colony, that he
be authorized to call for the same, by applying to one of
the Brigadiers General, or the Colonels of militia. And
the said militia, upon such request, are desired immediately
to march to the defence of the parts invaded, or
threatened with an immediate invasion. And all such
of the militia as, upon the requisition of the Commander-
in-Chief, shall march to the defence of any place in
danger, shall be entitled to the same pay and subsistence
as are allowed to the Continental forces, and shall not be
detained in such service more than one month from the
time of their marching. This Congress, from experience
of the zeal and alacrity of the inhabitants of this Colony,
to step forward for the defence of. America on all former
occasions, are persuaded that this request from their
representatives, arising from pure necessity, will be most
cheerfully complied with, and the honor and safety of
the Colony thereby maintained.
Ordered, That a copy of the above resolution be transmitted
to General Washington; and that the same be
published in the newspapers.
Ordered, unanimously, That Doctor Melancthon Freeman,
be appointed Surgeon, and Mr. Benjamin Stockton,
Surgeon's Mate, to the battalion directed to be raised in
the Counties of Middlesex and Monmouth.
A petition from John Reynolds and George Riche,
papermakers in Germantown, Pennsylvania, setting forth,
that they designed to carry on their trade in this Colony,
and praying that this Congress would encourage the
same; read, and ordered a second reading.
A petition from sundry inhabitants of the county of
Burlington, setting forth, that great expense will necessarily
attend recruiting the men directed to be raised by
an ordinance of the fourteenth instant; and praying
that the men may be subsisted and paid from the time
of enlistment; read, and ordered a second reading.
William Franklin, Esq., late Governor of this Province,
having been brought before this Congress, pursuant to an
order for that purpose, to be examined touching such
parts of his conduct as were deemed inimical to the liberties
of America, Mr. Franklin refused to answer the
questions put to him, denying the authority of this
body, which he alleged had usurped the king's government
in this Province.
As the said William Franklin, by this and his former
conduct, in many instances, appears to be a virulent
enemy to this country, and a person that may prove
dangerous; therefore, it is
Unanimously resolved, That the said William Franklin
be confined in such place and manner as the Honourable
Continental Congress shall direct.
Ordered, That the President write to the Continental
Congress enclosing the above resolves, and the questions
that were put to Mr, Franklin.
Resolved, That Lieutenant Colonel Bowes Read keep
under safe guard the person of William Franklin, Esq.,
until the further order of this Congress; and that the
President sign an order for this purpose.
Adjourned to three o'clock, afternoon,
Met according to adjournment.
The petition from sundry inhabitants of Burlington
County, setting forth, that great expense will necessarily
attend the recruiting the men directed to be raised by an
ordinance of the fourteenth instant; and praying that
the men may be subsisted and paid from the time of enlistment;
was read a second time, referred to Mr, Dick,
Mr, Ellis and Mr, Symmes,
Four petitions from the Township of Middletown and
Shrewsbury, in the County of Monmouth, praying that
the government of the Province of New Jersey may not
be changed, &c., read.
Two petitions from the Township of Freehold, in the
County of Monmouth, praying that this Congress will
immediately establish such mode of government as shall
be equal to the present exigencies of this Colony, and
fully coincide with the resolve of the Honourable Continental
Congress of the 15th of May last; were read.
Pursuant to the order of the day, the Congress went
into the consideration of the propriety of forming a
government, &c.;
Resolved, That a government be formed for regulating
the internal police of this Colony, pursuant to the recommendation
of the Continental Congress of the fifteenth of
May last;
On the question.
It passed in the affirmative as follows:
Yeas—
Mr. A. Clark,
Ogden,
Camp,
Drummond,
Condict,
Drake,
Cook,
Woodhull,
Green,
Frelinghuysen,
Paterson,
Witherspoon,
Hardenburgh,
Linn,
Hart,
Mehelm,
Covenhoven,
Joseph Holmes,
|
Mott,
Josiah Holmes,
Sparks,
Cooper,
Elijah Clark,
Hugg,
Ellis,
Elmer,
Ayers,
Harris,
Bowen,
Hughes,
Hand,
Leaming,
Savage,
Hathorn,
Bloomfield,
Wetherill,
|
Dunn,
Sergeant,
Combs,
Van Boskirk,
Shaver,
Potts,
Van Campen,
Symmes,
Sinnickson,
Holme,
Shinn,
Cripps,
Dick,
Tallman,
Reynolds,
Fennimore,
Read,
Shreve
|
Nays—
Mr. Allen,
|
Taylor,
|
Brown.
|
.
Adjourned till to-morrow morning, eight o'clock.
Saturday, June 22.
Upon the question,
Whether one or more Delegates shall be a sufficient
number to represent this Colony in Continental Congress?
It was passed in the affirmative as follows, viz.:
For one—
Mr. A. Clark,
Ogden,
Camp,
Condict,
Drake,
Cook,
Woodhull,
Green,
Frelinghuysen,
Paterson,
Witherspoon,
Hardenberg,
Linn,
Brown,
|
Shaver,
Potts,
Van Campen,
Mehelm,
Covenhoven,
E. Clark,
Hugg,
Ellis,
Hughes,
Hand,
Leaming,
Savage,
Hathorn,
Bloomfield,
|
Wetherill,
Dunn,
Sergeant,
Combs,
Van Boskirk,
Quackenbush,
Symmes,
John Holme,
Shinn,
Cripps,
Dick,
Reynolds,
Shreve.
|
For more—
Mr. Drummond,
Dickinson,
Hart,
Taylor,
Joseph Holmes,
|
Mott,
Josiah Holmes,
Cooper,
Elmer,
Harris,
|
Bowen,
Post,
Sinnickson,
Tallman,
Read.
|
Resolved, That five persons be elected to represent this Colony in Continental Congress, to serve for one year, unless a new appointment be made before that time, any one of whom shall have power to vote.
Mr. Sergeant having resigned his appointment as Delegate in the Continental Congress:
Ordered, That his resignation be accepted.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
The Congress proceeded to the election of Delegates to
represent this Colony in Continental Congress, when
Richard Stockton, Abraham Clark, John Hart, Francis
Hopkinson, Esquires, and Dr. John Witherspoon, were
elected by ballot to serve for one year, unless a new appointment
be made before that time.
Resolved, That the following instructions be given to
the Delegates so elected, viz.:
To Richard Stockton, Abraham Clark, John Hart, Francis
Hopkinson, Esquires, and the Rev. Dr. John Witherspoon,
Delegates appointed to represent the Colony of New Jersey
in Continental Congress.
The Congress empower and direct you, in the name of
the this Colony, to join with the Delegates of the other
Colonies in Continental Congress, in the most vigorous
measures for supporting the just rights and liberties of
America. And, if you shall judge it necessary and expedient
for this purpose, we empower you to join with
them in declaring the United Colonies independent of
Great Britain, entering into a confederacy for union and
common defence, making treaties with foreign nations
for commerce and assistance, and to take such other measures
as to them and you may appear necessary for these
great ends, promising to support them with the whole
force of this Province; always observing that, whatever
plan of confederacy you enter into, the regulating the
internal police of this Province is to be reserved to the
Colony Legislature.
Ordered, That Ebenezer Howell, of the County of
Salem, be commissioned as Major of the battalion commanded
by Colonel Newcomb.
A petition from the County Committee of Monmouth ;
read and ordered a second reading.
A petition from Stafford Township, in Monmouth
County; read, and ordered a second reading.
A petition from Charles Loveland; read, filed, and ordered
a second reading.
Two petitions from the Township of Woodbridge;
read, filed, and ordered a second reading.
Colonel Borden's account for the paying of Robert
Quigley's company; read, filed, and ordered a second
reading.
Adjourned to two o'clock, on Monday next.
Monday, June 24
.
Met according to adjournment.
Two petitions from the Townships of Middletown and
Freehold, in the County of Monmouth, praying that this
Congress would immediately establish such mode of government
as shall be equal to the exigencies of this
Colony, and fully coincide with the resolve of the Honourable
Continental Congress of the fifteenth of May
last; read, and ordered a second reading.
A letter from the County Committee of Monmouth,
enclosing an association signed by certain disaffected
persons; read, and ordered a second reading.
A representation of the County Committee of Monmouth,
giving a detail of Colonel Forman and the
minute-men, seizing several disaffected persons in that
county without the express command of the Committee,
though approved by them afterwards; accompanied with
an account of the expense attending the seizure of said
persons; read, and ordered a second reading.
Ordered, That Mr. Green, Mr. Cooper, Mr. Sergeant,
Mr. Ogden, Mr. Elmer, Mr. Hughes, Mr. Covenhoven,
Mr. Symmes, Mr. Condict and Mr. Dick, be a Committee
to prepare the draught of a constitution.
Ordered, That Thomas Okeson, charged with supplying
the British men of war with provisions, be committed
to the common jail of Burlington County.
Adjourned till to-morrow morning, eight o'clock.
Tuesday, June 25.
Met according to adjournment.
The Continental Congress having resolved, "That William
Franklin, Esquire, be sent under guard to Governor
Trumbull, of Connecticut, who is desired to take
his parole; and if Mr. Franklin refuse to give his
parole, that Governor Trumbull be desired to treat him
agreeable to the resolutions of Congress respecting
prisoners."
Resolved, That the President do issue orders, and take
such measures as may be necessary to carry the above
resolve into execution.
Brigadier General Livingston, having by letter informed
this Congress that he could not, for reasons therein
mentioned, accept the command of the militia destined
for New York;
Resolved, That Colonel Nathaniel Heard be, and he is
hereby, appointed Brigadier-General of said forces.
The Committee to whom was referred the petition from
Burlington, praying that the men raised in order to reinforce
the army at New-York, may be subsisted and paid
from the time of enlistment, made report; which was
read, and ordered a second reading.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Memorial of Colonel Stephen Hunt, setting forth, that
several difficulties have arisen in raising the new levies,
&c.; read, and ordered a second reading.
Representation of Richard Robins and Moses Ivins,
containing reasons for their refusing to obey the summons
of this House; read.
The Congress took under consideration the memorial
of Colonel Hunt; and also the report of the Committee
to whom was referred the petition from Burlington
County, &c.; and, after some time spent therein, came to
the following determination:
Whereas, by a late ordinance of this Congress for the
raising of three thousand three hundred of the militia to
reinforce the army at New York, no provision was made
for the subsistence of the said militia from the time of
enlistment to the time of marching. And whereas, it is
highly reasonable that some provision should be made
therefor; It is therefore resolved, That every commissioned
officer be allowed at the rate of fifteen Shillings a week
for his subsistence from the time he begins to recruit, to
the time he begins to march to the place of general rendezvous;
and that every non-commissioned officer and
private be allowed at the rate of seven Shillings and six
Pence a week for his subsistence, computing from the
time of his enlistment to the time of his marching for
the place of destination or general rendezvous.
Adjourned till to-morrow morning, eight o'clock.
Wednesday, June 26.
Met according to adjournment.
Whereas it appears, from undoubted intelligence, that
there are several insurgents in the County of Monmouth,
who take every measure in their power to contravene
the regulations of Congress, and to oppose the cause of
American freedom; and, as it is highly necessary that an
immediate check be given to so daring a spirit of disaffection;
It is therefore resolved unanimously, That Colonel Charles
Read take to his aid two companies of the militia of the
County of Burlington, properly officered and armed, and
proceed without delay to the County of Monmouth, in
order to apprehend such insurgents and disaffected persons
in said County, as this Congress shall give in direction
to Colonel Read.
Resolved, unanimously, That Colonel Read take, if necessary,
to his assistance, the militia of Monmouth.
Resolved, unanimously, That such officers and militia as
engage in this service, shall receive the like pay as the
Continental troops.
Resolved, unanimously, That the said militia furnish
themselves with provisions, and that this Congress will
order payment therefor.
Resolved, That the following directions, signed by the
President, be given to Colonel Read:
Colonel Charles Read:
You are hereby ordered to apprehend Richard Robins
and Moses Ivins, and to deliver them unto the keeper of
the common gaol of the County of Gloucester, who is
hereby commanded to keep said persons in close and
safe confinement, until this Congress, or Committee of
Safety, shall take further order therein: And you are also
to apprehend Anthony Woodward, junior, Joseph Grover,
Guisebert Guisebertson, and Thomas Lewis Woodward,
and bring them before this Congress, or, during their
recess, the Committee of Safety.
Whereas it appears, from authentick information,
that certain disaffected persons, in the County of Hunterdon,
have confederated for the purpose of opposing the
measures of the Continental and Provincial Congresses,
and have even proceeded to acts of open and daring violence;
have plundered and robbed the house of Captain
Jones; have beaten, wounded, and otherwise abused the
friends of freedom in said County, and now publickly
declare, that they will take up arms and engage in behalf
of the King of Great Britain, the avowed and implacable
enemy of the United Colonies. In order to put an effectual
stop to a combination so hostile and dangerous.
It is resolved unanimously, That Lieutenant-Colonel Ten
Eick, and Major Berry, take to their aid such a number
of the militia, properly officered and armed, of the Counties
of Hunterdon and Somerset, as they may think necessary,
and proceed, without delay, to the said County of
Hunterdon, in order to apprehend such insurgents and
disaffected persons as this Congress shall direct.
Resolved, unanimously, That such officers and militia as
engage in this service, shall receive the like pay as the
Continental troops.
Resolved, unanimously, That the said militia furnish
themselves with provisions, and that this Congress will
order payment therefor.
Resolved, That the following directions, signed by the
President, be sent to Colonel Ten Eick:
Colonel Abraham Ten Eick:
You are hereby ordered to apprehend John Vaught,
Joseph Lee, Thomas Swindle, George Cyphers, jun., Peter
Cyphers, John Day, William Hunt, jun., Jonathan Hunt,
John Hunt, John Seal, jun., Herman Millham, Christopher
Vaught, James MacCord, George Casner, Thomas
Buskirk, Frederick Frittz, Peter Abgar, Daniel Hunt,
George Updike, John Horpence, Philip Forker, Christopher
Dilts, Bartholomew Thatcher, Samuel Slater,
Edward Taylor, and John Taylor, all of whom you are
to keep under strong guard, and to bring before this
Congress, or Committee of Safety, or, during their recess,
to deliver them to the keeper of the common gaol of
Trenton, who is hereby commanded to keep them in
close and safe confinement, until this Congress, or
Committee of Safety, shall take further orders therein.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
The Committee appointed to draught a Constitution,
&c., reported a draught accordingly; which was read,
and ordered a second reading.
Ordered, That Mr. Mehelm, Mr. Woodhull, Dr. Bloomfield
and Mr. Joseph Holmes, be a Committee to examine
and report all publick accounts.
Ordered, That the President write to the Western Commissioners,
and desire them to deliver half a hundred
weight of gunpowder to Colonel Johnston.
A petition from the Town Committees of Galloway
and Great Egg Harbour, praying that the surplus of the
money arising from the sale of goods saved in a transport
which was stranded on the coast, may be appropriated
towards equipping such persons within their bounds
as are unable to equip themselves; was read, and ordered
a second reading.
Ordered, That Mr. Philip Vickers Fithian be Chaplain
to the battalion under the command of Colonel Newcomb;
and to the battalion to be raised in the Counties
of Middlesex and Monmouth, which are destined for
New York.
The petition from sundry inhabitants of the County of
Monmouth, praying that none of the militia may be
taken out of that County, as it lies so exposed to hostile
invasions; was read a second time, and ordered to lie on
the table.
Ordered, That the Company under the command of
Captain Stillwell, which was directed by the late Committee
of Safety to guard the coast of this Colony near
Sandy Hook, be continued until the further order of this
Convention or Committee of Safety. If it be inconvenient
for any of the Company to continue in the said
employment. Captain Stillwell is hereby empowered to
supply such deficiency by enlistment.
Ordered, That Colonel George Taylor be Commissary
for the said Company.
A petition from Thomas Okeson, now confined in Burlington
gaol for corresponding with the enemy, praying
that he may be released; read, and ordered a second
reading.
Adjourned till to-morrow morning, eight o'clock.
Thursday, June 27.
Met according to adjournment.
The memorial from Azariah Dunham, Esquire, requesting
the appointment of Commissary and Paymaster
for the troops to be raised in this Province for the Continental
service, read the second time; whereupon,
Resolved, That this Congress recommend Mr. Dunham
as Commissary for the new levies raising in this Colony
to reinforce the army at New York.
Resolved, That Mr. Rowland Chambers be recommended
by this Congress to the Honourable Continental
Congress as a proper person to be Paymaster of the said
levies.
The Congress resolved itself into a Committee of the
Whole, and Mr. Covenhoven being in the Chair, took
under consideration the draught of a Constitution, &c.
The President resumed the Chair, and Mr. Covenhoven,
from the Committee of the Whole, made report,
that they have made some progress in the matters to
them referred, and pray leave to sit again.
A letter from the Provincial Congress of New York,
enclosing an extract from their Minutes was received
and read.
Adjourned till three o'clock, afternoon.
Met according to adjournment.
The Congress resolved itself into a Committee of the
Whole, and Mr. Covenhoven being in the Chair, resumed
the consideration of the draught of a Constitution.
The President resumed the Chair, and Mr. Covenhoven,
from the Committee of the Whole, made report,
that they have made some further progress in the matters
to them referred, and desire leave to sit again.
Adjourned till to-morrow morning, eight o'clock.
Friday, June 28.
Met according to adjournment.
A petition from the officers of the militia of Gloucester,
appointed to raise men for the Continental service,
to reinforce the troops now in New York, setting forth,
that fifteen Shillings a week is not sufficient to defray
their expenses in enlisting said men, and requesting that
this Congress would make such further allowance as may
be reasonable and necessary; was read, and ordered a
second reading.
Two petitions from sundry inhabitants of the Township
of Upper Freehold, in the County of Monmouth,
praying that this Congress would immediately establish
such mode of government as shall be equal to the exigencies
of this Colony, and fully coincide with the resolve
of the Honourable Continental Congress of the 15th
of May last; read, and ordered a second reading.
The several petitions for and against the establishment
of a government, read the second time, and referred to
the Committee of the Whole.
The Congress resolved itself into a Committee of the
Whole.
The President resumed the chair, when Mr. Covenhoven,
from the Committee of the Whole, made report, that
they had not yet come to any resolutions, and desired
leave to sit again.
Adjourned till three o'clock afternoon.
Met according to adjournment.
Ordered, That Mr. Andrew Hunter be Chaplain to the
three battalions now raising in this Colony, under the
command of Colonels Van Cortland, Martin and Hunt,
destined to reinforce the army at New York.
The Congress resolved itself into a Committee of the
Whole.
The President resumed the chair, and Mr. Covenhoven,
from the Committee of the Whole, made report, that
they had not yet come to any resolutions, and desired
leave to sit again.
Pursuant to a certificate of election,
Ordered, That Ellet Howell be second lieutenant of
the light infantry company in the first battalion of foot
militia in the County of Hunterdon, whereof Isaac
Smith, Esquire is Colonel.
Pursuant to a certificate of election.
Ordered, That Joseph Clunn be Ensign of a company
at Trenton, in the same battalion.
Adjourned till seven o'clock to-morrow morning.
Saturday, June 29.
Met according to adjournment.
A petition from the County Committee of Monmouth,
setting forth, that, in pursuance of a resolution of the
late Congress, said Committee furnished Colonel Maxwell's
battalion with fifty stand of arms, and that it was
in their option to have them replaced or receive their
value in money, and praying that this Congress would
order the value of said arms to be paid in money, read
a second time, and ordered that the treasurer pay the
amount of said arms according to the appraisment.
Mr. Josiah Franklin Davenport handed to Congress an
account in the words following:
"Extract of a letter from the Provincial Congress,
dated Burlington, June 15th, 1776, delivered to Mr.
Davenport.
"To Col. Nathaniel Heard:
"Whatever expence may be necessary for this service
will be cheerfully defrayed by the Congress.
"Samuel Tucker, President.
"Colonel Nathaniel Heard to Josiah F. Davenport, June 26,
1776.
Dr.
"To boarding and lodging Governor Franklin, his servant, &c., one week,
£.3:0:0
Ordered, That the treasurer pay the above account.
Two memorials, the one from the County Committee
of Monmouth, the other from the Committee of Safety of
that County, respecting certain disaffected persons in said
County; and requesting that this Congress would take
some decisive order therein; were read, and ordered a
second reading.
Ordered, That Dr. John Condict be surgeon to the battalion
directed to be raised in the Counties of Bergen,
Essex and Burlington, under the command of Colonel
Van Cortland, destined to reinforce the army at New
York.
A petition from Richard Robins and Moses Ivins, praying
a hearing, confessing their faults, offering to make
discoveries, and praying a discharge; read and filed.
Ordered, That they attend immediately.
After the hearing.
Ordered, That they be remanded to prison.
A letter from Adjutant General Reed, informing that
General Howe is arrived at Sandy Hook with a considerable
force, and desiring immediate detachments from
the militia of this Colony, to reinforce the army at New
York; read and filed.
Ordered, That the President write to Mr. Reed and inform
him of the situation of our levies, and the orders this
Congress have issued.
John Covenhoven, Esq., elected Vice President.
Agreed that twenty of the members of this Congress
be a quorum or body sufficient to transact any business,
except such as may respect the formation of the Constitution.
Certain advice being received of the arrival of General
Howe at Sandy Hook, Ordered, That all officers who
have enlisted men properly armed, under the late ordinance
for raising three thousand three hundred men
within this Colony, proceed immediately with such numbers
as they have collected, or can collect, without delay
to New York; assigning a due proportion of officers to
the men that they may be ready, and leaving other officers
as occasion may require, to collect the remainder.
All officers, paymasters, and others, are required to be
diligent in their respective stations; and all the friends
of liberty throughout the Colony are most earnestly entreated
now to exert themselves for the preservation of
their country, their lives, liberties and property.
This Congress do likewise earnestly desire all persons
to lend arms or other necessaries on the present occasion,
and they may rest assured of the publick faith to make
amends for any loss or damage they may incur.
Ordered, That Cornelius Van Voorst be Lieutenant-
Colonel, Richard Dey, First Major, and John Mauritius
Goetschius, Second Major, of the battalion of foot militia
in the County of Bergen.
Ordered, That Charles Pettit, Esquire, be commanded
immediately to remove the publick records and papers,
in his custody, from the city of Perth Amboy to the city
of Burlington.
Adjourned to three o'clock afternoon.
Met according to adjournment.
The Congress resolved itself into a Committee of the
Whole.
The President resumed the Chair.
Mr. Sparks, from the Committee of the Whole, reported,
that the Committee had come to several Resolutions,
which he was ready to report.
Resolved, That the Congress will receive the report of
the Committee of the Whole on Tuesday next; at which
time every member is enjoined to be punctual in his attendance.
Ordered, That Dr. Jonathan Horton be Surgeon, and
Dr. David Ewen Surgeon's Mate to the battalion directed
to be raised in the Counties of Morris and Sussex, under
the command of Col, Martin, destined to reinforce the
army at New York.
Congress received a letter from Colonel Taylor of Monmouth,
dated ten o'clock in the forenoon of this day, informing
that nineteen sail of the enemy's fleet lies at the
Hook, and forty-five in sight; read and filed.
Ordered, That the President write to the Continental
Congress, enclosing a copy of the above letter, and requesting
a supply of powder.
Adjourned till to-morrow morning eight o'clock.
Sunday, June 30.
A sufficient number of members not attending, adjourned
till to-morrow morning eight o'clock.
Monday, July 1.
Met according to adjournment.
The Continental Congress having upon request, furnished
this Congress with two tons of powder,
Ordered, That the same be distributed in the following
manner:
Morris
Bergen
Sussex
Hunterdon
Burlington
|
400
400
400
400
300
——
1900
|
|
Somerset
Essex
Monmouth
Middlesex
|
400
500
700
500
——
2100
|
Adjourned to three o'clock afternoon.
Met according to adjournment.
Whereas by a regulation of the late Congress, the several Committees in this Colony, were authorized and directed to disarm all the non-associators and persons notoriously disaffected, within their bounds: And whereas it appears that the said regulation hath not been carried into effect in some parts of the Colony; and it being absolutely necessary, in the present dangerous state of publick affairs, when arms are much wanted for the publick defence, that it should be instantly executed: It is therefore directed and resolved, That the several Colonels in this Colony do, without delay, proceed to disarm all such persons within their districts, whose religious principles will not permit them to bear arms; and likewise all such as have hitherto refused and still do refuse to bear arms; that the arms so taken be appraised by some indifferent person or persons; that the said Colonels give vouchers for the same, and that the appraisement and receipt be left in the hands of the persons disarmed.
John Leonard, Richard Robins, Moses Ivins, Thomas Lewis Woodward and Ezekiel Forman, being brought before Congress, to answer certain charges exhibited against them, did severally and voluntarily execute bonds, in the penalty of five hundred pounds, conditioned at all times, and in all things well and faithfully to observe, obey, keep and perform all resolves, orders, ordinances and regulations of the Continental Congress, and of this Provincial Congress, and to be of good behaviour and in no wise knowingly or willingly to act inimically or unfriendly to the cause of the United Colonies.
Adjourned till to-morrow morning eight o'clock.
Tuesday, July 2.
Met according to adjournment.
Agreeable to order, the Congress went into the consideration
of the report of the Committee of the Whole;
and, after some time spent therein, deferred the further
consideration thereof till the afternoon.
Resolved, That in the opinion of this Congress the militia
of Monmouth County ought, for the present, to remain
in their own County, excepting such part thereof as
by the late ordinance of this Congress were required to
form their proportion of the New-Jersey brigade of three
thousand three hundred men.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Henry Waddell Esq. captain of a grenadier company
in the militia of Monmouth, having, by petition, prayed
that this Congress would accept a resignation of his commission,
assigning for reason that he was so frequently
afflicted with the gout, that he was rendered incapable
of doing the duty of an officer;
Ordered, That his resignation be accepted.
Ordered, That Colonel Isaac Smith be directed to take
charge of Christopher Vaught, John Vaught, Joseph Lee,
Frederick Frittz, Thomas Buskirk, Jonathan Hunt, Jacob
Hunt, Bartholomew Thatcher, John Brady, John Horpence,
Philip Cool, Philip Fanker, James Greames, and
William Thatcher, disaffected persons, apprehended by
order of Congress, and to confine them in the common
gaol of Trenton, and there to keep them under guard
until the further order of this Congress, or the Committee
of Safety.
The Congress resumed the consideration of the report
of the Committee of the Whole; which, after sundry
amendments, was agreed to.
On the question,
"Whether the draught of the constitution, formed on
the report of the Committee of the Whole, be now confirmed,
or be deferred for further consideration? It was
carried for confirming now, as follows:
For now—
Mr. Camp,
Cook,
Green,
Mehelm,
Joseph Holmes,
Mott,
Josiah Holmes,
Sparks,
Cooper,
|
Clark,
Hugg,
Ellis,
Elmer,
Harris,
Bowen,
Hand,
Leaming,
Hathorn,
|
Sergeant,
Shaver,
Symmes,
Shinn,
Tallman,
Reynolds,
Fennimore,
Shreve.
|
For deferring—
Mr. Drummond,
Savage,
Post,
|
Paterson,
Brown,
Cripps,
|
Hughes,
Dick,
Read.
|
Adjourned till to-morrow morning, eight o'clock.
Wednesday, July 3.
Met according to adjournment.
Ordered, That Joseph Pancoast be commissioned as Captain, Henry Delatush, First Lieutenant, John Kerlin, Ensign, of a company of foot militia in the Township of Mansfield, in Burlington County.
Ordered, That Captain Kinney be cited to appear before
this Congress, and answer for his conduct in delaying
the removal of William Franklin, Esq. to Connecticut.
Whereas, authentick information has been received
by this Congress, that a number of disaffected persons
have assembled in the County of Monmouth, preparing,
by force of arms, to oppose the cause of American freedom,
and to join the British troops, for the destruction
of this country; and it being highly necessary that immediate
measures be taken to subdue these dangerous
insurgents: It is therefore unanimously resolved, That Colonel
Charles Read, Lieutenant-Colonel Samuel Forman,
and Major Joseph Haight, do take two hundred of the
militia of Burlington County, and two hundred of the
militia of Monmouth, and proceed, without delay, in
order to quell the aforesaid insurrection, and to disarm
and take prisoners whomsoever they shall find assembled
with intent to oppose the friends of American freedom;
which prisoners, so taken, they shall forthwith bring before
this Congress: and the said officers are empowered
to take such measures as they shall think necessary for
this service.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
On the question.
Whether the draught of the constitution be now
printed, or the printing thereof be deferred for a few
days, in order to reconsider, in a full house, the propriety
of the last clause in the constitution, containing the
proviso respecting reconciliation? It was carried as follows:
For printing now—
Mr. Camp,
Hardenberg,
Joseph Holmes,
Mott,
Sparks,
Cooper,
|
Clark,
Elmer,
Harris,
Bowen,
Leaming,
Shaver,
|
Shinn,
Tallman,
Fennimore,
Shreve,
Covenhoven.
|
For deferring—
Mr. Frelinghuysen,
Paterson,
Mehelm,
|
Josiah Holmes,
Ellis,
Sergeant,
|
Symmes,
Dick.
|
Ordered, That one thousand copies of the draught of
charter rights be immediately printed and dispersed
among the inhabitants of this Colony.
On the application of the Provincial Congress of New
York,
Ordered, That they be empowered to apprehend and
secure such of the inhabitants of that Colony, who have
removed into this, as they may think necessary for the
publick good; and all persons within this Colony are desired
to aid and assist in the execution of such orders for
that purpose as they may think proper to make.
Ordered, That Stephen Crane, Lewis Ogden and Caleb
Camp, Esquires, be a Secret Committee to correspond and
co-operate with the Secret Committee of the Provincial
Congress of New York; and that the said Committee be
vested with power to issue warrants and apprehend and
confine such person or persons as they may think necessary
for the publick good.
The petition from the Town Committee of Galloway
and Great Egg Harbour, praying that the surplus of the
money arising from the sale of goods saved on board a
transport belonging to the enemy, which was stranded on
the Jersey coast, may be appropriated towards equipping
such within their bounds, and the bounds of Little Egg
Harbour, as are unable to equip themselves; was read a
second time, and ordered to lie on the table.
Adjourned till to-morrow morning, eight o'clock.
Tuesday, July 4.
Met according to adjournment.
The petition from John Reynolds and George Riche,
papermakers in Germantown, Pennsylvania, setting forth
that they designed to carry on their trade in this Colony,
and praying that this Congress would encourage the
same; read a second time, and deferred for further consideration.
Resolved, That, in order to prevent a failure of justice,
all judges, justices of the peace, sheriffs, coroners, and
other inferior officers of the late government within this
Colony, proceed in the execution of their several offices,
under the authority of the people, until the intended
Legislature and the several officers of the new government
be settled and perfected, having respect to the present
Constitution of New Jersey, as by the Congress of
late ordained, and the orders of the Continental and
Provincial Congresses; and that all actions, suits and
processes be continued, altering only the style and form
thereof, according to the terms by the said Constitution
prescribed, in the further prosecution thereof.
Ordered, That the Committee of the County of Gloucester
be continued, and they proceed to act in all cases
as heretofore directed, until a new election.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Whereas, this Congress has been given to understand
that divers persons, in the County of Monmouth, have
embodied themselves in opposition to the measures of
Congress; and are informed that numbers have expressed
their willingness to return to their duty upon assurances
of pardon, alledging that they have been
seduced and misled by the false and malicious reports of
others; It is therefore declared, That all such persons as
shall without delay return peaceably to their homes, and
conform to the orders of Congress, shall be treated with
lenity and indulgence; and upon their good behaviour,
shall be restored to the favour of their country; provided
that none such as shall appear to have been the leaders
and principals in those disorders, who to their other
guilt, have added that of seducing the weak and unwary,
shall yet be treated according to their demerits.
Adjourned to meet at Trenton, to-morrow morning, ten
o'clock.
Trenton, Friday, July 5, 1776.
Met according to adjournment.
Isaac De Cow, Esquire, having resigned his commission
as Second Major of the first regiment of foot militia
in the County of Hunterdon, whereof Isaac Smith, Esq.
is Colonel;
Ordered, That his resignation be accepted.
Ordered, That Colonel Joseph Borden do provide waggons,
and every other necessary, to accommodate the rifle
battalion of Pennsylvania, consisting of five hundred
men, under the command of Lieutenant Colonel Broadhead,
in their march to Monmouth County, the place of
their destination.
Resolved, That the artillery company, under the command
of Captain Hugg, be ordered to march immediately
with their artillery to New Brunswick; and from
thence to such place as General Livingston shall direct.
Letter from John Dennis, Esquire, urging the necessity
of removing the officers and other prisoners of war from
the publick places in which they are at present; as the
soldiers have been continually plotting with the negroes,
discouraging persons from enlisting in the Continental
service, ridiculing the Congress, &c.
Ordered, That the President immediately write to the
Honourable Continental Congress, enclosing a copy of
the letter from Mr. Dennis, and requesting their advice
in what manner to dispose of the said prisoners of war.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Ordered, That commissions be made out for the following
persons, officers in the battalion ordered to be raised
in the Counties of Somerset and Hunterdon, destined to
reinforce the army at New-York: Richard Stites, Captain,
Peter Low, First Lieutenant, Derick Lame, second
Lieutenant, John Garrish, Ensign; Jeremiah Dunn, First
Lieutenant, William Cummins,Second Lieutenant, David
Smaller, Ensign.
Ordered, That the Treasurer for the western division
do advance to the wives of William Bertles, Sergeant
Willson and Hugh MacLean, the sum of twenty-five
shillings, proclamation money, per month each; which
sum is to be stopped out of their pay in the hands of
Captain Brearley.
Petition from the Township Committee of Piscataway,
setting forth, that certain disaffected persons had been
taken and carried out of the said township before trial,
and praying that this Congress would take some order
therein; was read; whereupon.
Ordered, That the President write to General Heard on
the above subject.
Adjourned till to-morrow morning, eight o'clock.
Saturday, July 6.
Met according to adjournment.
Ordered, That Mr. Cooper and Mr. Dick be a committee
to prepare the draught of a bill to regulate the ensuing
election.
Resolved, That the several persons appointed muster-masters
of the levies, directed to be raised by the late
ordinance of this Congress, pay the said levies their subsistence
money.
Ordered, That the prisoners now in gaol on account of
being disaffected to the cause of the United Colonies, be
brought to trial on Wednesday next, at three o'clock
afternoon.
Resolved, That a number of the militia in the County
of Cape-May, not exceeding five and twenty, commanded
by one commissioned officer, be raised and stationed at
the point of Cape-May.
Ordered, That Mr. Memucan Hughes be Commissary
and Paymaster of the said detachment of militia.
It appearing to be absolutely necessary, in the present
dangerous situation of publick affairs, that this Congress
continue sitting; and many members having been called
away by a regard to their private affairs at this busy season
of the year, others by an attention to their families
in the neighbourhood of the enemy, and some (we are
sorry to say) having wholly neglected their duty to the
publick. by departing without leave: therefore.
Ordered, That such members as shall attend be empowered
to transact any business which may arise and
require immediate consideration whether a sufficient
number to constitute a quorum attend or not.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Ordered, That Mr. Joseph King be Adjutant, and Mr.
Joshua Gordon regimental Quarter-master of the battalion
to be raised in the Counties of Sussex and Morris,
under the command of Colonel Martin, destined to reinforce
the army at New-York.
Congress received a letter from the Honourable President,
Hancock, enclosing the following resolve:
"In Congress, July 5, 1776.
"Resolved, That the British officers and soldiers who
are prisoners, and now in the Colony of New-Jersey, be
sent from thence to the town of York, in the Colony of
Pennsylvania; and that the Convention, or Committee
of Safety, of New-Jersey, be requested to carry this resolve
into immediate execution.
"By order of Congress,
"John Hancock, President"
Ordered, That the above resolve of the Continental
Congress be forthwith carried into immediate execution,
and that the necessary steps be immediately taken for
that purpose.
Ordered, That the President do take the parole of
honour of Mr. John Lawrence of Monmouth County, not
to depart the house of Mr. Renssellier Williams; and, if
Mr. Lawrence should refuse to give the same, that the
President order him to be confined under such guard as
he may deem necessary.
Adjourned to nine o'clock on Monday morning.
Monday, July 8.
Met according to adjournment.
On application,.
Ordered, That the President take the parole of Mr.
Lawrence, not to depart the Township of Trenton, unless
with leave of Congress.
A petition from sundry inhabitants of the Township of
Alexandria, in Hunterdon County, praying that no
member of Congress may hold any post of profit; that
all publick accounts may be fairly stated and put in the
journals; that the yeas and nays may also be inserted,
&c. read, and ordered a second reading.
Ordered, That the Commissioners send forward, without
delay, the camp-kettels by them purchased for the
use of General Heard's brigade; that the Commissioners
divide them to each battalion, according to the directions
of General Heard; and that they take receipts of
the several regimental Quarter-Masters, for the number
of camp-kettles delivered as aforesaid:
Also ordered, That they send forward the lead, flints
and canteens, knapsacks, cartridge-paper, brushes and
wires, and intrenching tools, by them purchased, to General
Livingston's brigade, to be by him disposed of as
necessity may require.
Captain Charles Harrison having resigned his commission.
Ordered, That his resignation be accepted.
The Committee appointed to prepare a draught for
regulating the ensuing election, made report; which was
read, and ordered a second reading.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Ordered, That Robert Paterson, Esq., be Surgeon's
Mate to the battalion directed to be raised in the Counties
of Burlington, Gloucester, Salem, and Cumberland,
under the command of Colonel Silas Newcomb.
The memorial of Dr. Thomas Ewing, Surgeon to the
battalion under Colonel Newcomb, setting forth, that not
knowing what provision has been made of instruments
and medicine for the use of the said battalion, he had
laid in, for present use, about twenty Pounds worth, relying
on the credit of this Congress for the reimbursement
of the money; was read, and ordered a second
reading.
Ordered, That Dr. Cornelius Baldwin be Surgeon to
the battalion directed to be raised in the Counties of
Hunterdon and Somerset, under the command of Colonel
Stephen Hunt.
Adjourned till to-morrow morning eight o'clock.
Tuesday, July 9.
Met according to adjournment.
Colonel Breese having resigned his commission of
Colonel of the third battalion of militia in the County of
Monmouth, assigning for reason the great backwardness
of the people; himself so indifferently attended on field
days, and so few ready to turn out, hiding themselves
and deserting their houses, when called upon to defend
the shore;
Ordered, That his resignation be accepted.
Ordered, That Daniel Hendrickson, Esq., be Colonel of
the third battalion of foot militia in the County of
Monmouth.
Letter from General Livingston, enclosing copies of
letters from General Washington and Major Duychinck;
read and filed.
Letter from Lewis Ogden, Esq., read and filed.
Letter from John Dennis, Esq., read and filed.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Mr. Symmes and Mr. Sergeant, appointed a Committee
to wait on Stephen Skinner, Esq., Captain Kennedy,
Mr. Fairholm, Captain Turnbull, Philip Kearney, Michael
Kearney, Doctor John Lawrence, Thomas Skinner, Isaac
Bonnell and William Hick, apprehended and removed
to this place, pursuant to an order of General Washington,
and take their parole, not to depart the town of
Trenton, unless with leave of Congress.
The above Committee make report, that they have
taken the parole of the above gentlemen, according to
order.
Pursuant to order, John Lawrence, Esq., appeared
before Congress, and was permitted to return home on
his parole, to attend this House whenever called upon.
Adjourned till to-morrow morning eight o'clock.
Wednesday, July 10.
Met according to adjournment.
Letter from Abraham Clark Esq., informing that four
tons of powder were ordered to be sent immediately on
Continental account for the use of the militia who march
out to guard the Province until the flying camp is
formed, or for the use of the flying camp, if not expended
before they take the field; read, and ordered to be filed.
The petition from Doctor John Hicks, apprehended
and removed to this place, pursuant to an order of General
Washington, setting forth, that he is a half-pay
officer, is desirous of saving his half-pay, as he has a large
family to support, that he has not yet signed the association,
nor has been ever called upon for that purpose;
but seeing the necessity of the Colonies being united, is
determined that his half-pay shall not be any restraint
upon his future conduct; that he is ready to sign the
association, and to act in every respect agreeable to the
resolves of the Honourable Continental Congress, praying
that he may be permitted to return, as his affairs are
suffering on account of his absence; was read, and
ordered a second reading.
Ordered, That the President take the parole of John
Richards and Dr. John Hicks, apprehended and sent to
this place pursuant to an order of General Washington,
not to depart the town of Trenton, unless with leave of
this Congress.
The report of the Committee of Trenton, respecting
Samuel Henry; was read, and ordered a second reading.
Resolved, That General Livingston be directed to apprehend
the person of the late Treasurer, John Smyth, Esq.,
and remove him, with the publick money in his hands,
and such of his books and papers as relate to the Treasury,
under guard to Trenton.
Adjourned till three o'clock, afternoon.
Met according to adjournment.
Ordered, That Samuel Franklin Parker be Major of the
battalion raised in the Counties of Middlesex and Monmouth,
destined to reinforce the army at New York, in
the brigade under General Heard.
Jacob Tice, Ensign in Captain Burrow's company, destined
to reinforce the army at New York, having refused
to accept his appointment;
Ordered, That Jonathan Holmes be Ensign in the said
company.
Ordered, That Mark Thompson, Esq., be Colonel of the
first battalion of militia in the County of Sussex.
Pursuant to the order of the day, the Congress went
into the examination of witnesses in support of the
charges exhibited against certain disaffected persons apprehended
in the County of Hunterdon by order of Congress;
after hearing several witnesses, the further consideration
thereof was deferred till to-morrow morning.
Adjourned till to-morrow morning eight o'clock.
Thursday, July 11.
Met according to adjournment.
A letter from Adjutant General Reed, informing Congress
that he had it in charge from General Washington
to acquaint this body, that it being of the utmost importance
to prevent any communication or correspondence
with the enemy; and having, from many strong
circumstances, just reason to suspect sundry persons about
Amboy would avail themselves of their situation to give
intelligence and aid to the enemy, he deemed it necessary,
for the safety of the publick.that they should be removed
to places where they could have no opportunity of carrying
such design into execution; submitting it to the consideration
of this House, whether some general direction
given on this head to the Committees, or general officers
or both, is not absolutely necessary; read, and ordered a
second reading.
Ordered, That Captain William Gamble be directed to
apprehend, and bring to this place, Captain Crow; and
that this Congress will defray the necessary expense
arising thereon.
Congress resumed the examination of witnesses for and
against certain disaffected person in the County of Hunterdon;
and, after some time spent therein, adjourned
the further examination till the afternoon.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Congress resumed the examination of witnesses for
and against certain disaffected persons in the County of
Hunterdon; and, having gone through the same, deferred
the determination thereof until to-morrow.
Adjourned till to-morrow morning eight o'clock.
Friday, July 12.
Met according to adjournment.
On the recommendation of General Livingston, William
Bott, Esq., is appointed Adjutant General of the militia
of New Jersey.
It appearing that opposition to the draughts was made
in Captain Groendyck's company and George Updike and
John Horpence having attended before Congress upon a
charge of being concerned, when no witnesses appeared
to fix the charge upon any individuals; It is ordered,
That the Township Committee of Kingswood, take cognizance
of the offence of the people of that company.
Ordered, That Lieutenant Howell, with two privates,
be directed to proceed immediately to Burlington, and
bring, under guard, Thomas Okeson to Trenton.
Upon the application of Dr. Beaumont to this Congress
for reimbursement of his expenses in transporting his
baggage, &c. and for payment of his subsistence.
Ordered, That Dr. Beaumont be informed, that his application
must be made to the Continental Congress.
The proceedings of the Committee of Amwell, in the
County of Hunterdon, respecting a certain William Steel,
who has his residence in the County of Middlesex, but,
being in the County of Hunterdon, was apprehended by
order of the said Committee; being transmitted to this
Congress, and read;
Ordered, That the said Steel be forthwith brought before
this house; whereupon the said William Steel being
brought before Congress, the proceedings of the Committee
were read in his presence, and, being heard in his
defence;
Ordered, That he be committed to the common gaol at
Trenton.
It being represented to Congress that the levies in
Salem County are obstructed for want of arms, when, at
the same time, there are in the County a sufficient number
of Jersey arms, which are the publick property of
the county; therefore,
Ordered, That the people of that County do supply
such of the levies, in the present brigade, as have been
or may be raised in that County, with the publick arms
in their hands, and that the County Committee be enjoined
to see this order properly executed.
Adjourned to three o'clock, afternoon.
Met pursuant to adjournment.
A letter from Colonel Stephen Hunt, alledging want of
health, and resigning his appointment in the brigade
under General Heard; read, and his resignation accepted.
The draught of a bill for regulating the ensuing election,
was read the second time; and an amendment being
moved, that no person be entitled to a seat in the legislative
Council or Assembly, unless he first take the following
test, &c.:
I, A B, do swear (or affirm) that I do not hold myself
bound to bear allegiance to George the Third, King of
Great Britain; that I will not by any means directly or
indirectly oppose the measures adopted by this Colony,
or the Continental Congress, against the tyranny attempted
to be established over these Colonies by the
court of Great Britain; and that I do and will bear true
allegiance to the government established in this Province
under the authority of the people.
On the question.
It was carried in the affirmative as follows, viz.:
Yeas—
Mr. Camp,
Condict,
Woodhull,
Paterson,
Hardenbergh,
Linn,
|
Dickinson,
Josiah Holmes,
Leaming,
Bloomfield,
Dunn,
Sergeant,
|
Quackenbush,
Shaver,
Van Campen,
Sinnickson,
Cripps.
|
Nays—
Mr. Drummond,
Joseph Holmes,
Mott,
Sparks,
|
Cooper,
Elmer,
Harris,
Buck,
|
Combs,
Reynolds,
Tallman,
Shreve.
|
After some time spent on the said bill, the further consideration
thereof was deferred.
Adjourned till to-morrow morning, eight o'clock.
Saturday, July 13.
Met according to adjournment.
Ordered, That Mr. Covenhoven, Mr. Mehelm, and Mr.
Sergeant, be a Committee to examine into the state of
the Eastern Treasury, and that they report thereon.
A petition of Dr. John Hicks, setting forth, that he is
willing, if required, to be bound by oath, to act in such
manner as to give the fullest satisfaction; that whenever
the militia is called out in defence of the country, he will
be ready to give his attendance as a surgeon, or in any
other station that may afford the most benefit; and praying
that he may be permitted to return to his family;
read, and ordered a second reading.
The petition of Cornelius Williamson, a prisoner in
the gaol of Trenton; read, and ordered a second reading.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Upon the question.
Whether any of the persons sent under guard from
Amboy, be permitted to return in order to remove their
effects to such place as Congress shall appoint for a
limited time, upon their parole and security, if required?
It was carried in the affirmative, as follows, viz.:
Yeas—
Mr. Drummond,
Dickinson,
Mott,
Josiah Holmes,
|
Cooper,
Elmer,
Bloomfield,
Combs,
|
Leaming,
Quackenbush,
Sinnickson,
Shreve.
|
Nays—
Mr. Condict,
Woodhull,
Covenhoven
Joseph Holmes,
|
Sparks,
Buck,
Sergeant,
|
Van Campen,
Cripps,
Tallman.
|
The Congress resumed the consideration of the draught
of a bill for regulating the ensuing election; and, after
some time spent thereon,
Ordered, That the same be recommitted to Dr. Bloomfield,
Mr. Cooper, and Mr. Sergeant.
Ordered, That Mr. Michael Kearney have leave to remove
to Burlington, on his parole not to depart from
thence further than six miles on the east side of Delaware,
till the further order of Congress.
Ordered, That Philip Kearney have leave to remove,
on his parole, to the dwelling house of Mr. Richard Stevens,
in the township of Alexandria, and county of Hunterdon,
or to Morristown, and not to depart from thence
more than six miles without leave of Congress.
Ordered, That Dr. John Lawrence have leave to remove,
on his parole, to Morristown, and not to depart from
thence, more than six miles, without leave of Congress.
Ordered, That Mr. Johnston Fairholm have leave on
his parole, to reside at Bordentown, or at Mr. Rutherford's,
in Hunterdon County, and not to depart from
thence, or from within six miles thereof, without leave.
Ordered, That Mr. Bonnel and Mr. Thomas Skinner,
have leave, on their parole, to reside at Cranberry Town,
and not to depart from thence, or from within six miles
thereof, without leave.
Ordered, That Captain Turnbull have leave, on his
parole, to remove to Bordentown, and not to depart more
than six miles from thence without leave.
Ordered, That Mr. Hick have leave to return home, for
the present, giving bond and security for his good behaviour,
in the penalty of five hundred Pounds.
Ordered, That Mr. Stephen Skinner and Captain Kennedy
have leave, on their parole, to reside at Morristown,
and not to remove more than six miles from thence.
Ordered, That Mr. John Richards have leave, on his
parole, and security in the penalty of one thousand
Pounds, to reside on his own farm, and not to depart
more than two miles from thence, without leave.
Doctor John Hicks having come into Congress, and
taken an oath to the present government:
Ordered, That he have leave to return home.
Ordered, That the above persons, before they remove to
the places of their destination, have leave to remain at
home two days in order to settle their business.
Adjourned till Monday morning, eight o'clock.
Monday, July 15.
Met pursuant to adjournment.
The Committee appointed to examine into the state of
the Eastern Treasury, made report, that they had waited
upon Mr. Smyth, who had delivered into their hands the
sum of four thousand nine hundred and forty-four
Pounds nineteen Shillings and six Pence, Proclamation
money; and also a bag sealed, said to contain a quantity
of cancelled paper money.
The Committee further report that they have delivered
the above sum of money and bag sealed, to John
Stevens, Esq., as ordered by this house, to be by him deposited
in the Treasury chest of this Colony, for which
they have taken his receipt; that Mr. Smyth, the Treasurer,
had not his accounts with him, but has returned
home in order to collect his papers, and the monies outstanding,
upon his parole and promise to prepare himself
for settlement in a short time, and to attend the further
order of this House.
Ordered, That Nehemiah Wade, Esq. be Second Major
of the first regiment of foot militia in the County of
Essex, whereof Edward Thomas, Esq. is Colonel.
Ordered, That Dr. William Winans be Surgeon to the
same regiment.
The Committee to whom was recommitted the draught
of a bill for regulating the ensuing election, made report,
which was read, and, after sundry amendments agreed
to, and ordered to be engrossed.
Resolved, On the motion of the members of the County
of Salem, That the election in that County be by ballot,
and that it be held at the Court House in the Town of
Salem, without removing from place to place, any thing
in the ordinance for ascertaining the mode and places of
election before contained to the contrary notwithstanding.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
The petition of Cornelius Williamson, a disaffected
person, now confined in the common gaol of Hunterdon,
in pursuance of the adjudication of the Amwell Committee,
praying that he may have an immediate hearing;
read, and ordered to lie on the table.
Adjourned till to-morrow morning, eight o'clock.
Tuesday, July 16.
Met according to adjournment.
Ordered, That the Deputy Quartermaster General Colonel
Biddle, and his assistants, be empowered, in case of
necessity, to impress within this Colony baggage waggons
and horses for the service of the United States of
North America, paying a reasonable hire for their service
while employed.
A letter from Adjutant General Reed, informing that
Lord Howe is arrived at the Hook, and the necessity of
urging on, with all expedition, the new levies raising in
this Colony; read, and ordered to be filed.
A petition from Samuel Wigton, a debtor confined in
the gaol of Morris, setting forth, that he was enlisted as
a sergeant in Captain Morris's company, in the battalion
now under the command Colonel Winds; that before the
said company left the County of Morris he was arrested
for debt, and committed to the gaol of Morris; and that
he has several sums of money due to him from sundry
persons in the battalion aforesaid, which, when recovered,
are sufficient to discharge his debts; praying that he may
have time for the payment of his debts; that he may be
released from imprisonment, and that he may be ordered
to join his battalion, or any other this Congress may
think proper; and also a testimonial thereunder written,
signed by sundry persons, in support of the facts contained
in the said petition; read, and ordered to lie on
the table.
Ordered, That Dr. William Burnet be added to the
number of Commissioners for East New Jersey, and that
he have the like authority as is given to the Commissioners
nominated in the ordinance of the late Congress
for striking the sum of fifty thousand Pounds.
Resolved, That the several Township Committees
throughout this Colony, do immediately exert themselves
in procuring lead for the use of the army now engaged
in our defence, as the demand for that article is very
great and pressing; that to this end they do forthwith
collect all the leaden weights from windows and clocks,
and all leaden weights of shops, stores and mills, of one
pound weight and upwards; also all other lead in and
about houses, or other places; and that they forward all
the lead which shall by them be so collected to the hands
of Alexander Chambers, Abraham Hunt, David Pinkerton,
and William Tucker, of Trenton; Hendrick Fisher,
of Somerset County, Azariah Dunham, of New Brunswick,
John Ross, of Woodbridge, Isaac Woodruff, Elizabethtown,
and Dr. William Burnet, of Newark, or any of
them. Commissioners appointed for purchasing arms, &c.
And the said Commissioners are directed to pay for all
such lead, at the rate of six pence Proclamation money
the pound weight; together with the reasonable expence
that may arise in forwarding the same.
Adjourned to three o'clock afternoon.
Met according to adjournment.
Captain Kinney appeared before this House, in consequence
of the citation issued by this Congress, for a
charge of loitering on the road to Connecticut, with the
late Governor Franklin, and now, upon examining into
the causes of complaint, it appears to this House that
whatever delay arose thereon was inevitable, owing to
no misconduct in Captain Kinney, but to accidental
causes.
The report of the Committee of Trenton respecting
Samuel Henry, was read the second time, and Mr. Henry
being duly notified, appeared before Congress; the
charges against him were read, several witnesses examined,
and the further hearing of the same deferred till
to-morrow morning.
Whereas, It has been represented to this Congress,
that Henry Cuyler, Esq., is so extremely indisposed as to
render his removal very dangerous; therefor,
Ordered, That the Chairman of the Committee of Newark
take the parole, drawn in the usual manner, of Mr.
Cuyler, to remain for the present in his dwelling house
at Newark, or within two miles thereof, he giving bond,
with security, in the penalty of one thousand Pounds,
for the faithful observance of his parole.
Ordered, That Mr. Sergeant, Mr. Hugg and Mr. Elmer,
be a Committee to draught an ordinance for punishing
traitors and counterfeiters of the Continental and Provincial
currencies.
Adjourned till to-morrow morning eight o'clock.
Wednesday, July 17.
Met according to adjournment.
A petition from sundry ladies at Perth Amboy, setting
forth, that they apprehend fatal and melancholy consequences
to themselves and families, and to the inhabitants
in general, if they should be deprived of the assistance
of Dr. Lawrence's skill in his profession, as his
attendance is hourly necessary to several patients now
much indisposed, who will be left helpless if he be
removed, as no other practitioner resides in that place,
praying that he may be permitted to remain in Amboy;
was read, and ordered a second reading.
Adjourned to two o'clock afternoon.
Met according to adjournment.
The Committee appointed to draught an ordinance for
punishing traitors and counterfeiters, made report, which
was read, and ordered a second reading.
The petition of George Woodward, setting forth the
distressed situation of the wife and children of Anthony
Woodward, who has been hunted by bands of armed
men, and driven, contrary to his intention, to the king's
troops for shelter and protection, praying that he may
return to his rank and station in the community; was
read, and ordered a second reading.
A letter from the Committee of Newark, requesting
that this Congress would procure, or order to be built,
four gondolas or row-gallies, mounted with cannon, to
ply between the mouths of Passaick and Hackinsack
rivers and Perth Amboy; also informing Congress that
four persons were confined in the gaol of Essex, at the
desire of the Secret Committee of New York, enclosing
their examinations, and some affidavits concerning them,
and requesting that this Congress would take some order
therein; was read, whereupon,
Ordered, That the said examinations and affidavits be
referred to the Secret Committee, appointed by this Congress.
The petition from sundry ladies at Perth Amboy, was
read the second time, and ordered that a copy of the following
letter, addressed to Mrs. Franklin, one of the subscribers,
be signed by the President, and sent:
Madam: I am ordered by Congress to acquaint you,
and through you the other ladies of Amboy, that their
petition, in favour of Dr. John Lawrence, has been received
and considered.
Could any application have procured a greater indulgence
to Dr. Lawrence, you may be assured yours could
not have failed of success. But, unhappily, madam, we
are placed in such a situation, that motives of commisseration
to individuals must give place to the safety of
the publick.
As Dr. Lawrence therefore has fallen under the suspicion
of our generals, we are under the necessity of
abiding by the steps which are taken; And are, &c.
Ordered, That Thomas Okeson be committed to the
common gaol of Hunterdon, the keeper whereof is hereby
commanded to receive the said Okeson into his custody,
and to keep him in close confinement until the further
order of this Congress, or the future Legislature of
this State.
Congress resumed the consideration of the charges exhibited
against Samuel Henry, and came to the following
determination:
Ordered, That Samuel Henry be committed to the common
gaol of Hunterdon, the keeper whereof is hereby
commanded to receive the said Samuel Henry into his
custody, and to keep him in close confinement until the
further order of this Congress, or future Legislature of
this State.
Letter from the Honourable John Hancock, Esq. enclosing
resolves of the Continental Congress, requiring
an addition of two thousand of the militia of this State
to the flying camp; read, and referred to Mr. Mehelm,
Mr. Ellis, and Mr. Paterson.
Whereas, the Honourable 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 independence of the said States
with our lives and fortunes, and with the whole force of
New Jersey.
Adjourned till eight o'clock to-morrow morning.
Thursday, July 18.
Met according to adjournment.
Resolved, That this House from henceforth, instead of
the style and title of the Provincial Congress of New
Jersey, do adopt and assume the style and title of the
Convention of the State of New Jersey.
Ordered, That Colonel Isaac Smith be directed to employ
some officer of the militia to apprehend Samuel
Henry, and deliver him, together with the order of this
Convention for his commitment, to the keeper of the
common gaol at Trenton.
The report of the Committee for draughting an ordinance
for punishing traitors, &c.; read a second time,
and ordered a third reading.
The Committee to whom were referred the resolves of
the Continental Congress, &c. made report, which was
read, and ordered a second reading.
The report of the Committee for draughting an ordinance
for punishing traitors, &c.; read a third time.
Ordered, That the same be engrossed and do pass.
The report of the Committee to whom were referred
the resolves of the Continental Congress, &c.; read a
second time, and ordered a third reading.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
On the question,
Whether William Ellis, Esq. or Elijah Hand, Esq. be
Major of the battalion of militia to be raised in the counties
of Burlington, Gloucester and Cumberland? It was
carried as follows, viz.:
For W. Ellis, Esq.—
Mr. Drummond,
Paterson,
Hardenbergh,
Mehelm,
Joseph Holmes,
Mott,
|
Sparks,
Clark,
Hugg,
Ellis,
Bloomfield,
Combs,
|
Van Campen,
Sinnickson,
Cripps,
Tallman,
Shreve.
|
For E. Hand, Esq.—
Mr. Condict,
Josiah Holmes,
Elmer,
Ayers,
|
Harris,
Buck,
Bowen,
|
Sergeant,
Post,
Taylor,
|
The report of the Committee to whom were referred
the resolves of the Continental Congress, read a third
time; and, after sundry amendments,
Ordered, unanimously. That the same do pass.
The petition of Ebenezer Cowel, jun., setting forth,
that John Barnes, Esq., High Sheriff of the County of
Hunterdon, had refused to receive and execute two writs
issued under the authority of the people, pursuant to the
ordinance of this Convention, read; whereupon,
Ordered, That Mr. Barnes immediately attend this
House.
Mr. Barnes appeared before this House, and, in answer
to the above charge, informed the Convention that he
declines acting as Sheriff under the authority of the
people, and is willing to be superseded; wherefore,
Resolved, That a new Sheriff be appointed.
Adjourned till to-morrow morning, eight o'clock.
Friday, July 19.
Met according to adjournment.
The Committee of Burlington County having called
before them Drury Wake, Esq., on a charge of his being
inimical to the liberties of this country; and, having
made adjudication thereof, the said Drury Wake refused
to abide thereby, and appealed to this Convention; the
Committee made report of their proceedings, which being
read in the presence of the said Wake, and proof being
given concerning the same;
Ordered, That the said Drury Wake, Esq., be committed
to the common gaol of Salem, the keeper whereof is
hereby commanded to receive him into his custody, and
keep him in close confinement until the further order of
this Convention, or future Legislature of this State.
Ordered, That Colonel Joseph Borden be directed to
employ some officer of the militia, with such guard as
may be necessary, to deliver Drury Wake, Esq., together
with the order of this Convention for his commitment, to
the keeper of the common gaol of Salem.
Whereas Drury Wake, Esq., appeared before the
County Committee of Burlington, on a charge of his
being inimical to the liberties of this country; which
Committee, after hearing proofs and allegations, made an
adjudication on said charge, and the aforesaid Drury
Wake appealed from the adjudication of the said Committee
to this Convention:
Resolved therefore, That the said Drury Wake pay all
the costs arising on the above prosecution, including the
expense of taking him to the gaol of Salem, to be taxed
by the County Committee of Burlington.
Mr. William Smith appeared before the Convention
upon a charge exhibited against him by the Committee
of Woodbridge; and after hearing and considering the
several matters alledged and proved relative to the said
charge, this House are of opinion that no offence appears
to have been made good against him, and do therefore
discharge him from all further attendance on this House,
or on said Committee, unless some new charge be made
appear by which he shall be found guilty of some offence
against the State.
Ordered, That Ebenezer Foster, Esq., have leave, on
his parole, and security in the sum of one thousand
Pounds, to remove to the publick house of Mr. White,
in Barnard's-town, in the County of Somerset, and not to
go more than six miles from thence unless with leave of
this Convention, or the future Legislature of this State.
Adjourned to three o'clock, afternoon.
Met pursuant to adjournment.
Mr. Conrad Hendricks was brought before this Convention
upon a charge transmitted against him by the
Committee of the Provincial Congress of New York; and,
after hearing and considering the several matters alledged
against him, this House are of opinion that no offence
has been proved against him, and do therefore discharge
him from all further attendance on this House, unless
some new charge be made appear by which he shall be
found guilty of some offence against the State.
Adjourned till to-morrow morning, six o'clock.
Saturday, July 20.
Met according to adjournment.
The petition of Samuel Henry, setting forth, that he is
desirous of giving every reasonable satisfaction in his
power that may obviate any prejudices remaining on the
minds of the Convention; that he is ready to make acknowledgments
for any rash expressions that Convention may
conceive he has been guilty of, and for every part of his
conduct that has been, in their opinion, exceptionable;
that it is his fixed resolution so to conduct himself in
future, as to afford no further room for just offence; that
he is ready to give any security the Convention may
think necessary to require; and praying that he may be
released from his confinement;
Ordered, That, for the contrition expressed in the above
petition, Samuel Henry be discharged from his confinement,
and have leave, on his parole, drawn in the usual
form, and giving bond, with security, in the sum of two
thousand Pounds, for the faithful performance of his
parole, to remove to his mills in Trenton, and there, or
within a circle of two miles thereof, continue, and not to
depart said bounds unless with leave of this Convention,
or the future Legislature of this State.
Ordered, That William Tucker, Esq., of Trenton, be
Sheriff of the County of Hunterdon until a Sheriff be
chosen for said County at the ensuing election, and that
a commission be made out accordingly.
Ordered, That the commanding officer of the Pennsylvania
troops now at or near Trenton, be desired to apprehend
Joseph Stansbury, a suspected person from Philadelphia,
and transmit him safely to the Committee of
Inspection of that city, who are requested to prevent his
rambling through this State, and prying into our unhappy
situation.
Ordered, That Peter Tallman, Esq., Chairman of the
County Committee of Burlington, be directed to take the
parole of the Rev. Jonathan Odell, a person suspected of
being inimical to American liberty; that he confine himself
on the east side of Delaware river, within a circle of
eight miles from the Court House in the city of Burlington.
Adjourned to N. Brunswick, Monday, 3 o'clock P. M.
Monday, July 22.
Met according to adjournment.
Adjourned till to-morrow morning, eight o'clock.
Tuesday, July 23.
Met according to adjournment.
Whereas, the Honourable Continental Congress have
resolved, "That it be earnestly recommended to the Convention
of New Jersey, to cause all the stock on the sea
coast, which they shall apprehend to be in danger of
falling into the hands of the enemy, to be immediately
removed and driven back into the country to a place
of safety." And whereas, this Convention deem it necessary
that the above resolution should be carried into immediate
effect, particularly in the County of Monmouth,
which is at present most exposed to depredations. It is
therefore unanimously resolved and directed, That the County
Committee of Monmouth proceed, without delay, to remove
all the stock on their coast which may be in danger
of falling into the hands of the enemy, back into the
country, to a place or places of safety.
Convention being informed that Colonel Hendrickson,
of Monmouth, was at the door and desired admittance,
Ordered, That he attend.
Colonel Hendrickson informed Convention that the
Monmouth coast was exposed extremely to the incursions
and depredations of the enemy, and requested that a
guard might be stationed along said coast, and maintained
at the publick expence.
He further informed Convention that some of his
negro slaves had run off, and were on board the enemy's
fleet; that he had reason to believe he could recover the
said slaves if he were permitted to send a flag, and requesting
that, thro' the interference of this House, he
might have such permission.
The Convention took the latter requisition under consideration,
and agreed unanimously, that the sending of
flags comes properly within the Department of Brigadier
General Mercer, and that they could no further interfere
on the occasion than to write a letter of introduction to
the General in favour of Colonel Hendrickson.
The petition of Richard Walker, setting forth, that a
legacy of nine hundred Pounds, sterling, was bequeathed
to him by his uncle, who resided in England, to be paid
on the decease of his grandmother, who was living in the
autumn of the year 1775; that if he should take up
arms against the kingdom of Great Britain he should lose
the above legacy; and praying that he may be exempted
from bearing arms against the said kingdom, on engaging
that he will not be concerned in any measures that
may prove ruinous to the liberty or interest of the
United States; read, and ordered a second reading.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Ordered, That Mr. Elmer be added to the Committee
appointed to examine into the state of the Eastern Treasury.
Ordered, That the Committee appointed to examine into
the state of the Eastern Treasury, proceed forthwith
to Amboy; that they be and hereby are vested with full
power to bring, if they should deem it necessary, Mr.
Smyth, the Treasurer, to this place, with the money in
the said Treasury; and all the vouchers, documents and
other papers relative thereto; and that the said Committee
call to their aid such force as they may think necessary
to carry this order into effect.
Agreed that the commission of James Mount, Esq., a
field officer in the third battalion of the Monmouth
militia, be, and it hereby is revoked.
Ordered, That Oake Wikoff, Esq., be Lieutenant Colonel,
Denice Denice, Esq., First Major, and Hendrick Van
Brunt, Esq., be Second Major of the third battalion of
foot militia in the County of Monmouth.
Adjourned till to-morrow morning eight o'clock.
Wednesday, July 24.
Met according to adjournment.
.
A letter from General Washington, informing that the
brigade under General Heard was far from being complete,
and urging the necessity of raising and forwarding
the new levies destined to reinforce the army at New
York, was read; whereupon,
Ordered, That a letter be written to General Washington,
informing that several companies were on their way
to join the brigade, and that this Convention will use its
utmost efforts to furnish its quota, and to give His Excellency
such other aid as the weal of the United States
may require, and the condition of this State will admit.
Also ordered, That a letter be written to Brigadier
General Heard, desiring that he would, without delay,
make return to Convention of the number of men in the
several companies in his brigade, and by what Counties
those companies were furnished.
Convention received a letter from the War Office of
the 20th of July, referring to this Convention the propriety
of Bryan Lefferty, Esquire, his residing in New
Jersey, and to take his parole and security.
Ordered, That Mr. Lefferty do sign his parole as settled
by Congress, and give security in the sum of one thousand
Pounds, to depart hence to the house of the widow
Lefferty, in the Township of Bedminister, in Somerset
County, and there to remain, or within a circle of four
miles thereof, until he have leave to the contrary.
Ordered, That Dr. William Winants be surgeon to the
battalion directed to be detached from the militia in the
Counties of Bergen, Essex and Morris, under the command
of Colonel Thomas, destined to reinforce the flying
camp.
Ordered, That Dr. John Hammell be Surgeon's Mate
to the battalion directed to be raised in the Counties of
Bergen, Essex and Burlington, whereof Philip Van Cortland,
Esq., is Colonel, under the command of General
Heard, destined to reinforce the army at New York.
Ordered, That Doctor Bodo Otto, Jun., be Surgeon to
the battalion directed to be detached from the militia in
the Counties of Burlington, Gloucester and Cumberland,
to be under the command of Colonel Charles Read, destined
to reinforce the flying camp.
Ordered, That Mr. Tallman, Dr. Bloomfield and Mr.
Frelinghuysen, be a Committee to draught a bill for
amending the militia ordinance.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Agreeable to certificate of election.
Ordered, That Jacob Vanderventer be Captain, and
Abraham Terhune, First Lieutenant, of a company in
the first battalion of militia in Middlesex County.
Whereas, The independent company in the County
of Essex, under the command of Captain Drummond,
has been greatly reduced by reason of promotion and
otherwise; And whereas, it is inexpedient to take from
other companies in order to add to or keep up the proper
number of the said independent company; It is therefore
agreed unanimously, That the said company be forthwith
dissolved, and be incorporated with the other militia in
the several companies in the districts in which they respectively
reside.
Adjourned till to-morrow morning eight o'clock.
Thursday, July 25.
Met according to adjournment.
Ordered, That Dr. Bloomfield, Mr. Drummond, Mr.
Quackenbush, Mr. Ogden and Mr. Brown, be a Committee
to consider the propriety of building or purchasing of
four gondolas or row gallies, mounted with cannon, to
ply between the mouths of Passaick and Hackinsack
rivers and Perth Amboy.
Richard Stites, Esq., Captain of a company in the
County of Somerset, resigned his commission, assigning
for reason, that he was appointed to raise a company in
the brigade under General Heard; and that he had removed
out of the Township in which his company
reside;
Ordered, That his resignation be accepted.
Micajah Dunn, Esq., Lieutenant Colonel of the first
regiment of foot militia in the County of Middlesex, resigned
his commission, assigning for reason, that he is so
far advanced in life, and of so infirm a state of health,
as to render it impossible for him fully to discharge the
duty of his station;
Ordered, That his resignation be accepted.
Ordered, That Jonathan Deare. Esq., be Lieutenant
Colonel, and John Dunn, Esq., First Major of the first
battalion of foot militia in the County of Middlesex.
Convention received a letter from the Honourable
John Hancock, Esq., dated the 22d instant, informing
that Congress had come to a resolution to increase the
flying camp. For this purpose, that the State of New
Jersey is desired to augment its quota with three battalions
of militia in addition to those formerly desired by
Congress, and send them, with all possible despatch, to
join the flying camp. Whereupon,
Ordered, That a letter be written to Congress, informing
that Convention had ordered two thousand of its
militia to be detached pursuant to the late requisition of
Congress, which are to be renewed monthly.
Adjourned to three o'clock afternoon.
Met according to adjournment.
The Committee appointed to prepare a draught for
amending the Militia Ordinance, made report, which
was read, and ordered a second reading.
Ordered, That Captain Peter Gordon be Brigade Major
of the brigade under the command of General Heard,
and that he continue Captain of the company under his
command in the battalion whereof David Forman, Esq.,
is Colonel.
Adjourned till to-morrow morning nine o'clock.
Friday, July 26.
Met according to adjournment.
The Committee of Inspection for the city of New Brunswick,
having referred the case of Mr. John Hortwick to
this Convention, the same was taken under consideration,
and it appearing by a testimonial of the said Committee,
that the aforesaid John Hortwick has always been
esteemed as a good citizen, and a hearty friend to this
country; that he is a military associator, and as such
has turned out on all occasions when required: and this
Convention being of opinion, that he was induced to
trade with the Captain of the Asia ship of war to fulfil
an oath which had been exacted from him by the said
Captain, and to regain the liberty of himself and sons,
and not with any intention of abetting the enemies of
America; and that he has manifested a becoming degree
of contrition for his offence. It is agreed unanimously,
That the said John Hortwick be forgiven, received into
favour, and restored to the good opinion of his countrymen.
Whereas by a resolution of the late Provincial Congress
it was, in the election of the County Committee of
Bergen, either to receive pay for the arms taken by
Captain Meeker, or to have them replaced: And whereas
the said Committee have made choice of accepting pay
for the arms, of which it appears there were seventy-nine
stand; therefore, It is ordered, That either of the
Treasurers of this State pay Johannes Demarest. Esq.,
Doctor Abraham Van Boskirk, and Jacobus Post, Esq.,
or any of them, persons authorized by the Committee for
that purpose, the sum of three hundred and fifty-five
Pounds ten Shillings, Proclamation money, being the
amount of the aforesaid seventy-nine stand of arms at
the rate of four Pounds ten Shillings a piece; and that
the receipt of the above named persons, or any of them,
shall be a sufficient voucher for that sum.
The Committee of Inspection for the city of New Brunswick,
having referred the case of John Brown and Jacob
Neifies, persons employed by John Hortwick to purchase
some provision for the Asia ship of war, to this Convention,
the same was considered accordingly; it appearing
that the said John Brown and Jacob Neifies procured
the said provision solely with design to assist the said
Hortwick, their neighbour, in his distress, and not to aid
the enemies of this country; that they have manifested
due contrition for their offence, and requested forgiveness
therefor: It is therefore ordered, That the said John
Brown and Jacob Neifies be forgiven, received into
favour, and restored to the good opinion of their countrymen.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Ordered, That the Committee of the Township of Hillsborough,
in the County of Somerset, do leave in the
hands of Mr. Isaac Brokaw, clockmaker, thirty pounds
weight of lead, he having represented to the Convention
that he could not carry on his trade without such quantity.
Adjourned till eight o'clock to-morrow morning.
Saturday, July 27.
Met according to adjournment.
Agreeable to certificate of election,
Ordered, That David De Groot, Esq., be Captain of a
company in the first battalion of foot militia in Somerset
County, whereof Stephen Hunt, Esq., is Colonel.
The memorial of Jerome Vanderbelt, of the city of
New Brunswick, setting forth, that two of his apprentices
had enlisted in the brigade under General Heard; that
he is a hearty friend to his country; that he cannot well
carry on his business without the aid of one of them;
and praying the influence of this House that one of his
said apprentices may be returned; read, and ordered to
lie on the table.
Ordered, That Captain John Cook, of Monmouth, be
directed to take to his assistance as many of the militia
as he shall find necessary, and apprehend any persons
whom he has reason to suspect of enlisting, or being enlisted
for the British army, and to take them before the
County Committee of Monmouth, who are required to
commit or discharge such accused persons as they shall
find necessary.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Resolved, That General Mercer, in conjunction with the
Committee of Perth Amboy, or such of them as can
be readily convened, do take immediate steps for removing
all such disaffected or suspicious persons in that city
as may, from their situation, be thought dangerous to the
public cause; especially such as have relations or connexions
among the enemy.
Adjourned to three o'clock, afternoon, on Monday next.
Monday, July 29.
Met according to adjournment.
Jacob Wardell, Joseph Wardell, and Peter Wardell,
persons apprehended by a detachment of the Monmouth
militia, on account of furnishing the enemy with provision,
were brought before the House, and witnesses examined
in support of the charge;
Ordered, That the determination thereof be deferred
till to-morrow.
Ordered, Upon the complaint and representation of the
Committee of the western precinct of Somerset County,
that Joseph Stockton be committed to the common gaol
of Somerset, the keeper whereof is hereby commanded to
receive him into his custody, and to keep him in close
confinement until the further order of this Convention,
or future Legislature of this State.
Adjourned till to-morrow morning, eight o'clock.
Tuesday, July 30.
Met according to adjournment.
Convention resumed the consideration of the charge
against Jacob Wardell, Joseph Wardell, and Peter Wardell;
and, after some time spent therein,
Ordered, That Jacob Wardell be committed to the custody
of the Sheriff of Monmouth, to be by him safely
kept until discharged by this Convention, or delivered
by due course of law.
Ordered, That Joseph Wardell and Peter Wardell be
discharged on giving bond, each with security in the
sum of five hundred pounds for their future good behaviour,
and for their appearance when called upon by
the Convention, or future Legislature of this State. The
County Committee of Monmouth are directed to take the
said bond, and to judge of the security.
Ordered, That Jacob Wardell pay twenty-eight Pounds
seven Shillings and eleven Pence, Proclamation money,
being the expense of apprehending and bringing him before
this Convention, and conducting him to the Sheriff
of Monmouth.
The Committee to whom was referred the letter from
the Committee of Newark, respecting the building or
purchase of four gondolas or row-gallies, to ply between
the mouths of Passaick and Hackinsack rivers and Perth
Amboy, made report; which was read, and ordered a
second reading.
Ordered, That Thomas Hutton be employed, at the rate
of one dollar a day, to search for lead and sulphur
mines, and flint quarries, and make report in three weeks.
Adjourned to three o'clock, afternoon.
Met pursuant to adjournment.
The Committee appointed to examine into the state of
the Eastern Treasury, made report, that, including the
money by them received at Trenton, as by their former
report, they had received in the whole from John Smyth,
Esq. the late Treasurer, the sum of six thousand one
hundred and one Pounds two Shillings, Proclamation
money, besides a bag sealed, said to contain four thousand
eight hundred and nineteen Pounds, five Shillings
and nine Pence, like money, of bills cancelled; all which
they have deposited in the hands of the Honourable
John Stevens, Esq. to be by him kept in the Province
chest, agreeable to the order of this Convention, as by
his receipts appears; and that by the accounts of Mr.
Smyth herewith exhibited, there appears to be due from
Mr. Smyth to the State, a further balance of nine hundred
and thirty Pounds six Shillings and six Pence, like
money, exclusive of loan office money not yet signed or
disposed of.
Ordered, That the said report be received, and the accounts
filed.
Adjourned till to-morrow morning, eight o'clock.
Wednesday, July 31.
Met according to adjournment.
Ordered, That Chevalier Jouet have leave, on his
parole, drawn in the usual manner, and on giving bond
with security, in the sum of one thousand Pounds for the
faithful performance of his parole, to remove to the
dwelling house of Mr. White, innkeeper, in Barnard'stown,
in the County of Somerset, and there, or within
a circle of four miles thereof, remain, and not depart the
said bounds unless with leave of this Convention, or the
future Legislature of this State.
Ordered, That a copy of the following letter be signed
by the Vice President, and sent to Colonel Wetherill:
Sir: The Convention lately entered into certain resolves,
requiring the immediate detaching a brigade of
two thousand of the militia of this State to join the flying
camp; a copy of which has been transmitted to you.
The present alarming exigencies require the utmost
dispatch in this service; we are perfectly at a loss for
your reasons in not exerting yourself in making the detachment
ordered from your regiment; and we must
desire you will explicitly inform us thereof by the
bearer.
Letter from the Convention of the State of New York,
enclosing the affidavit of Balthazar De Hart, Esq., respecting
certain inhabitants of that State, who have
either given countenance and aid to our enemies, or have
deserted its defence at this dangerous crisis; read and
filed.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
This Convention having heard the charges exhibited
against Christopher Vaught, John Vaught, Joseph Lee,
Thomas Buskirk, Philip Cool, William Thatcher, Christopher
Diltz, and Frederick Frittz. disaffected and dangerous
persons, apprehended by order of Convention, and
considered the several matters alledged and proved relative
to the said charges, Do order and resolve, That Christopher
Vaught be fined in the sum of one hundred
Pounds, John Vaught in the sum of one hundred Pounds,
Joseph Lee in the sum of one hundred Pounds, Thomas
Buskirk in the sum of twelve Pounds, Philip Cool in the
sum of seventy-two Pounds, William Thatcher in the
sum of sixty Pounds, Christopher Diltz in the sum of ten
Pounds, and Frederick Frittz in the sum of seventy-three
Pounds, Proclamation money: and that the above persons
be committed until they pay, or give security for
the payment of the sums in which they are respectively
amerced.
Ordered, That the above fines be appropriated towards
defraying the costs and expenses which accrued in apprehending
and bringing the said disaffected persons to
justice.
Adjourned till to-morrow morning, eight o'clock.
Thursday, August 1.
Met according to adjournment.
A letter from the Rev. Mr. Odell, praying for certain
reasons, that he may be excused from signing the parole
heretofore ordered, and offering a new parole, binding
himself not to hold any political correspondence with
the enemy, or to furnish them with provisions or intelligence;
read; whereupon Convention having taken the
same into consideration,
Ordered, That Mr. Odell sign the original parole sent
to the Committee of Burlington.
The report of the Committee to whom was referred
the letter from the Committee of Newark, respecting the
building or purchase of gondolas, &c.; read the second
time.
Ordered, That the same be referred to the Continental
Congress, and that Mr. Ogden and Mr. Sergeant draught
a letter for that purpose.
Ordered, That Mr. Camp, Mr. Hand and Mr. Holme, be
a Committee to settle the accounts and pay the several
detachments of militia of this State, which were lately
called out at the requisition of General Washington;
that they immediately advertise their appointment; and
that they, or any one of them, have power to draw for
the money needed, upon the Treasurers, who are required
to pay the same.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
On motion,
Resolved, That Thomas Skinner and Isaac Bonnell,
Esqrs., be released from their present parole, and be entitled
to all the rights and immunities of others the good
subjects of this State, on taking an oath, the test which
is inserted in the election ordinance.
Ordered, That Mr. Linn be added to the Committee appointed
to settle and pay the accounts of the several
detachments of militia, &c.
Resolved, That it be recommended to the County Committee
of Monmouth, and to the several Township Committees
and Colonels of the battalions in the said County,
that they assist Captain Wikoff by furnishing him with
arms for his levies in General Heard's brigade, as far as
they may be able, to expedite the equipment of the said
levies. It is further recommended to the said Committees
and Colonels, that Captain Wikoff be furnished with
such of the arms and accoutrements taken from non-associators,
&c., within their bounds, as may be fit for service,
he giving sufficient vouchers on receiving the said
arms.
Ordered, That Philip Johnston, Esq. be Colonel, Joseph
Phillips, Esq., Lieutenant Colonel, and Platt Bayles, Major
of the battalion raised in the Counties of Hunterdon
and Somerset, in the brigade under the command of
General Heard, destined to reinforce the army at New
York.
Ordered, That the several battalions in the brigade under
General Heard, take rank according to the date of
the commissions of the Colonels; that the several Companies
in each battalion in said brigade take rank according
to the date of the commissions of the Captains; and
that the rank of all the officers be regulated according to
the date of their several commissions.
John Wetherill, Esq. Colonel of the second battalion
of foot militia in the County of Middlesex, having informed
Mr. Combs, a member of this house, that he was
not able to perform the duty of his office, owing to his
indisposition and advanced age, and was desirous of resigning
his commission, if agreeable to Convention;
Ordered, That the said resignation be accepted.
Azariah Dunham, Lieutenant Colonel of the second
battalion of foot militia in the County of Middlesex,
having informed a member of this house that, as he is
engaged in the office of Commissary, he cannot discharge
the duty of his military office, and that he was desirous
of resigning his commission, if agreeable to the Convention;
Ordered, That his resignation be accepted.
Ordered, That John Neilson, Esq. be Colonel, and John
Duychinck, Esq. Lieutenant Colonel of the second battalion
of foot militia in the County of Middlesex.
Adjourned till to-morrow morning, eight o'clock.
Friday, August 2.
Met according to adjournment.
Ordered. That John Dunn, Esq, be Major of the battalion
detached from the militia of the Counties of Middlesex,
Monmouth, and Salem, destined to reinforce the
flying camp, in the room of Major Duychinck, who was
appointed to that command but refused to accept of it.
Ordered, That Robert Hoops, Esq. be Brigade Major of
the militia of this State under Brigadier General Dickinson.
Ordered, That Reuben Potter be Second Major of the
first battalion of foot militia in the County of Middlesex.
Ordered, That Captain John Sherrerd be required to
apprehend Peter Cyphers, and bring him forthwith before
this Convention in custody.
The draught for amending the militia ordinance was
read a second time, and referred to further consideration.
The petition of sundry persons in the first regiment of
foot militia in the County of Monmouth, praying that
further regulations may be made respecting the militia,
&c.; was read, and ordered a second reading.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Guisebert Guisebertson, Captain of a company in the
second battalion of foot militia in the County of Monmouth,
having resigned his commission for reasons mentioned
in his letter;
Ordered, That his resignation be accepted.
Resolved, That the several County Committees in this
State do cause inventories and appraisements to be made
of the estates, real as well as personal, of all such persons
within their respective bounds as have or shall have
absconded from their homes and joined themselves to
the enemies of this State, causing all perishable articles
to be sold, and the moneys arising therefrom, and all
other the goods and estates of such persons, that they
keep in safe and secure custody until the further order
of this Convention, or the determination of other proper
judicature; Provided, That the said Committees be empowered
to leave any part of the said estates in the
hands of the relations or friends of such absconding persons,
taking such security as they may think proper for
the return thereof, or of the value.
The Convention resumed the consideration of the
draught prepared by the Committee for amending the
militia ordinance, and recommitted it to the same Committee.
The petition of sundry persons in the second battalion
of Monmouth; read the second time, and referred to the
same Committee.
The memorial of Captain Hankinson, of Monmouth,
setting forth, that he had raised a company of minutemen,
to continue in service for the space of two months,
agreeable to the directions of the late Committee of
Safety; that the said company had been called to the
Hook on the arrival of General Howe; and praying that
the said company may be paid for such service; an account
of which accompanied the aforesaid memorial;
read, and referred to the Committee of Accounts.
Adjourned till to-morrow morning, eight o'clock,
Saturday, August 3.
Met according to adjournment.
Ordered, That the County Committee of Essex, proceed
to hear and determine the charges exhibited against the
four persons apprehended by order of the Secret Committee
of the State of New York, who remained confined
in the common gaol of that County on the twenty-fourth
day of July last; and that they be vested with
full power to acquit, amerce or imprison said persons.
The Committee to whom was referred the draught of
an ordinance for amending the militia ordinance, made
report; which was read, and ordered a second reading.
The petition of Ebenezer Foster, now on his parole at
Barnard's town, praying that he may be permitted to return
to his farm at Woodbridge; read, and ordered to
lie on the table.
The letter of John Duychinck, Esq., appointed Lieutenant
Colonel of the second battalion of foot militia in
the County of Middlesex, enclosing his commission, with
a resignation of the same; was read.
Ordered, That his resignation be accepted.
The report of the Committee to whom was referred the
draught of an ordinance for amending the militia ordinance,
read the second time; and after sundry amendments,
On the question,
Whether the same do pass, it was carried as follows,
viz.:
Yeas—
Mr. Ogden,
Drake,
Woodhull,
Frelinghuysen,
Paterson,
Hardenbergh,
|
Linn,
Taylor,
Josiah Holmes,
E. Clark,
Hand,
Bloomfield,
|
Quackenbush,
Brown,
Shaver,
Shinn,
Dick.
|
Nays—
Mr. Joseph Holmes,
Mott,
Sparks,
|
Elmer,
Buck,
Bowen,
|
Combs,
John Holmes.
|
Thomas Skinner and Isaac Bonnell, Esqrs., appeared
before Convention and took, on oath, the test inserted in
the election ordinance; whereupon.
Ordered, That they be released from their parole, and
be entitled to all the rights and immunities of others the
good subjects of this State.
Adjourned to Monday afternoon five o'clock.
Monday, August 5.
Met according to adjournment.
A sufficient number of members not attending, adjourned
to three o'clock to-morrow afternoon.
Tuesday, August 6.
Met according to adjournment.
Ordered, That Dr. Jacob Jennings be Surgeon to the
battalions directed to be detached from the militia in the
Counties of Somerset, Hunterdon, and Sussex, to be under
the command of Colonel Mark Thompson, destined
to reinforce the flying camp.
The representation of County Committee of Monmouth,
respecting the removal of the stock on the sea coast, &c.,
read, and ordered a second reading.
John Carey, Esq., and Mr. Ephraim Lloyd, from the
County of Salem, presented a remonstrance to this Convention
(being duly authorized for that purpose) against
the resolution which passed this House the 15th day of
July last, directing that the election in that County be by
ballot, and that it be held at the Court House in the
town of Salem, without removing from place to place,
&c., and requesting that the said resolution be rescinded;
read, and ordered a second reading.
Letter from General Dickinson, read.
Agreeable to certificate of election,
Ordered, That Abraham Johannes Blauvelt be Captain,
Cornelius D. Blauvelt, First Lieutenant, Guilliam Bogart,
Second Lieutenant; and John Lozier, Ensign of a company
of foot militia in the Township of Harrington, and
County of Bergen.
Letter from the County Committee of Bergen, informing
that some of the powder lately sent to that
County by this Convention was damaged and wholly
unfit for use, and praying that this Convention would
take direction therein, and order the deficiency to be
made up; read, and ordered a second reading.
Letter from Col. Thomas, enclosing a letter from Mr.
Bott, informing that a certain Caleb Hetfield dissuaded
the militia from turning out under Col. Thomas, and
even offered a bounty to restrain and keep them back;
read, and referred to the County Committee of Essex.
Letter from Daniel Johnes, complaining of sundry
riotous and disaffected persons in his company, one of
whom struck said Johnes; read, and ordered a second
reading.
Adjourned till eight o'clock to-morrow morning.
Wednesday, August 7.
Met according to adjournment.
The representation of the Township Committee of
Woodbridge, setting forth, that certain persons in the
third battalion of Philadelphia militia, had insulted and
abused Nathaniel FitzRandolph and Ezekiel Bloomfield,
inhabitants of said Township, and praying that this Convention
would take the said complaint under consideration; was
read, and ordered a second reading.
Letter from Mr. Stockton, enclosing certain resolves of
Congress, directing "that this Convention would make
such provision for keeping open the communication
between the States of New Jersey and New York, by
way of the ferries over Passaick and Hackinsack rivers,
as to them shall appear most effectual; and that Congress will
reimburse the expenses of such service to the
State of New Jersey; and recommending to the State
of New Jersey, to order their militia immediately to
march and join General Mercer;" read and filed.
Letter from General Heard, enclosing return of men
in his brigade; read and filed.
Letter from General Mercer; read and filed.
Resolved, That the Deputies in Convention be allowed
at the rate of six Shillings a day for every day they have
or shall attend during the continuance of this Convention,
to be certified by Mr. Elmer, Dr. Bloomfield, Mr.
Hand and Mr. Paterson, or any two of them.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
The remonstrance of certain freeholders and others,
electors in the County of Salem, against the resolution
which passed this House on the 15th day of July last,
on motion of the Deputies of that County, &c., read a
second time:
Whereas on motion made the 15th day of last month,
by the members of the County of Salem, it was resolved,
"that the election in that County be by ballot, and that
it be held at the Court House in the town of Salem,
without removing from place to place, any thing in the
ordinance for ascertaining the mode and places of election
before contained to the contrary notwithstanding."
And whereas a remonstrance, signed by a great number
of the freeholders and others electors of said County, has
been presented to this Convention, against the above recited
resolution, praying that the same may be rescinded,
and that the ensuing election in said County may, in
every respect, be carried on in the same manner as ordained
by Convention for all the other Counties in this
State: It is therefore resolved, That the election of members
to serve in Legislative Council and Assembly of this
State for the County of Salem; and also of one Sheriff
and one or more Coroners for said County, to be held on
the second Tuesday of this instant August, be conducted
in the same manner, and governed by the same regulations,
as are prescribed and ordained by this Convention
for all the other Counties in this State, anything
in the above recited resolution which passed on the
motion of the Deputies from Salem, to the contrary notwithstanding.
Adjourned to Friday morning, nine o'clock.
Friday, August 9.
Met according to adjournment.
A petition from sundry officers of the second battalion
of Middlesex County, praying a division thereof; read,
and ordered a second reading.
Ordered, That Mr. Ogden, Mr. Drummond, Mr. Brown,
Mr. Camp and Mr. Combs, be a Committee to devise
ways and means, and report a plan for keeping open the
communication between this State and New York, by
way of the ferries over the rivers Passaick and Hackinsack.
Adjourned to three o'clock afternoon.
Met according to adjournment.
A letter from General Washington of the 8th instant;
read, and filed.
A petition of sundry persons in the south ward of
New Brunswick, praying the interposition of this House
relative to the choice of officers in a company of militia
late commanded by Captain Jacob Pyatt; read, and ordered
a second reading.
A petition from sundry persons in Barnard's town,
relative to a company of militia; was read.
Ordered, That the same be referred to the County Committee
of Somerset.
The petition from sundry officers of the second battalion
of Middlesex County, praying a division, &c.,
read a second time; whereupon.
Ordered, That a third battalion be formed out of the
same, to consist of the companies commanded by the
Captains Hartipee, Barr, Stout, Schenck, Scudder, Wetherill
and Pyatt.
Ordered, That John Duychinck, Esq., be Colonel, Jacob
Hyer, Esq., Lieutenant-Colonel, William Scudder, Esq.,
First Major thereof, and that the Second Major be appointed
on the return of General Heard's brigade.
Mr. Ogden, from the Committee appointed to devise
ways and means for keeping open the communication
between New Jersey and New York, by way of the ferries
over Passaick and Hackinsack, reported an ordinance
for that purpose, which was three times read and
passed.
Adjourned till to-morrow morning, eight o'clock.
Saturday, August 10.
Met according to adjournment.
Ordered, That Mr. Ogden and Mr. Dick, be a Committee
to prepare an ordinance for the immediate detaching
of one half of the militia of this State to join the flying
camp.
The Board of War and Ordnance having referred the
case of Lieutenant Wadman to this Convention, the
same was accordingly considered; whereupon,
Ordered, That Lieutenant Wadman sign his parole as
settled by Congress, do depart from the city of New
Brunswick to Bordentown in the State of New Jersey,
and there, or within six miles thereof in said State, to
remain, and not to depart said bounds unless with leave
of the Honourable Continental Congress, the Convention,
or future Legislature of this State.
The Committee of the Western Precinct of Somerset
County having referred the case of Joseph Stockton to
this Convention; and, before the charge was considered,
said Stockton having requested time in order to determine
whether he should sign the test inserted in the
election ordinance,
Ordered, That he have time for a few days to consider
thereof, and that in the mean time he return to Hillsborough.
Ordered, That Thomas Jones be Second Lieutenant in
Captain Anderson's Company in the battalion whereof
Silas Newcomb, Esq., is Colonel, in General Heard's brigade;
and that he continue Adjutant of the same battalion.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
General Mercer's letter received this day, was read and
filed.
The Committee appointed to prepare an ordinance for
the immediate detaching one-half of the militia, &c.,
made report; which was read, and ordered a second
reading.
Inventories of the estates of Anthony Woodward and
William Guisebertson, of Monmouth County, persons
who have absconded from their homes and joined the
enemy; were read and filed.
Resolved, That, to prevent desertion, no person or persons
belonging to or coming from the army in the State
of New Jersey, be permitted to go over any of the ferries
in or travel through said State without a pass, signed
either by General Mercer, Colonel Griffin or Colonel Biddle,
and all persons in general, and in particular the
members of Committees, militia officers, and owners or
keepers of ferries, are strictly enjoined to carry this resolution
into effect, by apprehending and securing every
person belonging to or coming from said army, who
shall not have a pass signed as above directed, until he
can be reconducted to the army aforesaid.
The draught of a bill for the immediate detaching of
one-half of the militia to join the flying camp, was read
the second time, and ordered to be recommitted to Mr.
Ogden, Mr. Sergeant and Mr. Paterson.
Adjourned till to-morrow morning, eight o'clock.
Sunday, August 11.
.
Met according to adjournment.
The Committee to whom was referred the bill for the
immediate detaching one-half of the militia, &c,, made
report; and, after sundry amendments, was agreed to
unanimously.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Resolved, That no troops in the service of the United
States, or of any of them, nor their baggage, ammunition,
or their other waggons, shall pay for passing any of the
ferries within this State, more than one-third part of the
ferriage usually paid by such as are not in said service;
and, to prevent a misconstruction of this resolve. It is
hereby declared, That Commissaries or other persons supplying
the army with provisions, stores, &c., are not intended
to be included in said resolve, so as to receive any
private benefit from the same.
A letter from the War Office of the sixth of August;
read, and filed.
Adjourned to Thursday, three o'clock.
Thursday, August 15.
A sufficient number of members not attending, the
Convention did not meet.
Friday, August 16.
The Convention met.
Ordered, That the Committees of the several Counties,
Towns and Districts in this State, do make out lists of
the prisoners of war which now are or have been resident
within their districts, and transmit the same to this
Convention, or the future Legislature of this State, without
delay.
Mr. Hardenbergh added to the Committee of Accounts.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Ordered, That Richard Lott, Esq. be appointed Lieutenant
Colonel of the second battalion of Middlesex.
Ordered, That John Taylor be appointed First Major
thereof.
The petition of Captain Philip Van Arsdalen, praying
leave to raise a Company of light-horse in Somerset
County; read, and ordered to lie on the table.
A petition from the officers of the second battalion of
Middlesex, praying an addition of Captain Wetherill's
Company to that battalion; read, and ordered a second
reading.
Adjourned till to-morrow morning, eight o'clock.
Saturday, August 17.
Met according to adjournment.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
A letter from William Ch. Houuston,(sic) Captain of a company
in the second battalion of foot militia in the County
of Somerset, setting forth, that, from his connexion with
the college in the absence of Dr. Witherspoon, and other
circumstances, he cannot pay the due attention to his
company, and begging leave to resign his commission;
Ordered, That his resignation be accepted.
In pursuance of the recommendation of the Honourable
Continental Congress,
Resolved, That all the workmen of this State actually
employed in the manufacture of fire-arms be excused
from going out with the militia when called upon.
Resolved, unanimously, That the bills of credit emitted
by the Honourable Continental Congress be a legal tender
within the State of New Jersey, for all sums of money
due and owing from one person to another.
Ordered, That Mr. Sergeant revise, correct, and transcribe
the Minutes of this Convention for the press, to be
inspected, approved, and signed by the President, and
that he have the same compensation as has been allowed
to the clerks of Assembly in this State.
Whereas the difference of the several currencies within
this State very greatly perplexes many of the good
people thereof, and more especially such of the people of
the neighbouring States as have come hither for our defence
against the common enemy, and gives occasion to
great impositions and deceits;
Resolved unanimously, That all payments and receipts
be made in every part of this State in Proclamation
money of New Jersey, at seven Shillings and six Pence
the Dollar, reckoning the difference between the usual
prices heretofore taken in any other currency, and reducing
the same to Proclamation.
Adjourned till Monday morning, eight o'clock.
Monday, August 19.
Met according to adjournment.
Upon the application of Doctor Samuel Bard, for assistance
and encouragement of this State in the erecting
of salt works;
Resolved unanimously, That this State will, upon good
security, lend to the said Doctor Bard a sum of money
not exceeding five hundred Pounds, for the term of two
years, without interest, for the purpose of erecting salt
works within this State.
Resolved unanimously, That this State will receive salt,
manufactured by the said Dr. Bard, at one dollar the
bushel, in payment of said sum of money; provided the
same be tendered for payment before the expiration of
two years after the loan of the money.
Resolved unanimously. That if any of the works so to
be raised, shall be destroyed by the enemy, this State will
sustain the loss of one half of the money which shall
have been appropriated for the purpose of erecting such
works, out of the money advanced on loan by this State
to the said Doctor Bard.
Resolved unanimously, That the workmen actually employed
in the said works, not exceeding ten, be exempt
from military duty during the time in which they shall
be so employed.
Provided, that the said money be lent upon condition
that the works shall be completed within three months
of the said loan; and that the said Doctor Bard be not
entitled to receive the bounty heretofore offered on salt.
A petition signed by fifty-six associators in the company
of Captain Smith, in the precinct of Upper Alloway's
Creek, in the County of Salem, praying, that they
may be formed into a distinct company, and be officered
by Abner Penton, as Captain, Eaton Haywood, First
Lieutenant, Jacob Houseman, Second Lieutenant, and
Thomas Smith, Ensign; was read.
A memorial of the Committee of the said precinct was
also read, recommending that the prayer of the said petition
may be granted; whereupon.
Ordered, That the prayer of said petition be granted,
and that commissions do issue accordingly.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Whereas Isaac Low, Esq. apprehended on suspicion
of being unfriendly to the cause of American freedom,
did lately give his parole to the Convention, drawn in the
usual manner; And whereas, this Convention are now
fully satisfied as to the grounds of such suspicion;
Ordered, That Mr. Low be released from his parole, restored
to his former liberty, and entitled, during his stay
in this State, to all the rights and immunities of others
the good subjects thereof.
Mr. Joseph Stockton having appeared before Convention,
and took, on oath, the test inserted in the election
ordinance;
Ordered, That the bond Mr. Stockton executed to the
Committee, be cancelled; that he be released from his
present confinement, and be entitled to all the rights and
immunities of others the good subjects of this State.
Ordered, That Mr. Hardenbergh, Mr. Elmer, Mr. Condict,
and Mr. Hand, be a Committee to settle the accounts
of John Dennis, Esq., the eastern Treasurer.
Adjourned till to-morrow morning nine o'clock.
Tuesday, August 20.
Met according to adjournment.
The Committee appointed to settle the accounts of John
Dennis, Esq., made report; which was read and accepted.
Adjourned to three o'clock, afternoon.
Met according to adjournment.
Ordered, That Mr. Crow do sign his parole, and give
bond in the sum of five hundred Pounds for the performance
thereof, to depart from hence to the town of Mount
Holly, in the County of Burlington, there, or within the
circle of four miles thereof, to remain until discharged,
or otherwise permitted by this Convention.
Resolved, That all persons who have received any publick
money of, or are indebted to this Convention, or any
Congress or Committee of Safety of this State, do account
for the same to the future Legislature of said State, or
such person or persons as they shall nominate and appoint.
Thomas Hutton, who was appointed to search for lead
and sulphur mines and flint quarries, made report as
follows:
That he had not discovered any lead mines, but that
he found symptoms thereof, which he produced, on the
plantation of Casper Smith, about four miles from Newtown,
in Sussex.
He also produced a sample of black lead, which he
found at Port Chuck, near the drowned land in Sussex,
and thinks a large quantity of black lead may be had
at the above place.
He produced several samples of sulphur, which he
found on the land of James Young, in the Township of
Mendham, and County of Morris; imagines great quantities
of sulphur may be, had there; thinks he could raise
it for thirty Shillings, or at most forty Shillings (the latter
including gunpowder) a ton.
Samples of flints which he found on a hill near Colonel
Martin's, and the brook called Beaver Run, in Sussex,
great quantities whereof may be had there, and they are
exceeding promising.
Ordered, That Moses Ivins be fined in the sum of
thirty Pounds, Richard Robins in the sum of twenty-two
Pounds, John Leonard in the sum of twenty Pounds,
Thomas Lewis Woodward in the sum of sixteen Pounds,
and Ezekiel Forman in the sum of three Pounds, Proclamation
money of the State of New Jersey.
Adjourned till to-morrow morning, eight o'clock.
Wednesday, August 21.
Met according to adjournment.
Whereas, Some doubts have arisen whether the several
Committees in this State will not expire on the
meeting of the Legislative Council and Assembly; It is
therefore resolved, That the said Committees shall continue
to execute the duty of their office as heretofore, until
otherwise ordered by the future Legislature of this State.
Whereas, the late ordinance of this Convention directing
that all able-bodied men, without exception, between
the ages of sixteen and fifty, should be forthwith enrolled,
and deemed to be the militia of this State, one
half of which were ordered into immediate service, hath
not pointed out either the mode of levying the fines payable
by such as do not go out in their proper turn; or the
use to which the same when levied shall be appropriated;
Resolved therefore. That the said fines shall be recovered
by the Captains of the companies in which the delinquents
are enrolled, in the manner directed by an ordinance
of the late Congress, bearing date the 28th of
October, 1775.
Resolved, That the fines payable by those who have
been or shall be enrolled in consequence of the late
ordinance of this Convention, passed the eleventh of this
instant, be appropriated to such publick use as the future
Legislature of this State shall direct; and that the fines
payable by those formerly enrolled be appropriated as is
directed by the resolves of this Convention, bearing date
the 3d of this instant.
Resolved, That the Captains shall respectively be accountable
for the amount of the fines levied in pursuance
of the ordinance aforesaid of the 11th instant, to
the future Legislature, or to such person or persons as
they shall nominate and appoint.
And whereas, This Convention have been given to
understand that divers persons have been extremely aggrieved
by excessive distresses for fines incurred by
breach of the several militia ordinances, goods to a great
value having been seized for small fines; therefore resolved,
That all persons who shall hereafter be aggrieved by
such excessive distresses, be entitled to recover damages
in like manner as for excessive distresses at common
law.
The Committee of Accounts made report of sundry articles
contained in the draught of an ordinance for the
payment of incidental charges; which being read,
Ordered, That the same do pass.
Adjourned to three o'clock afternoon.
Met according to adjournment.
Adjourned without day.
Ordinances, &c.
—————
AN ORDINANCE
For raising three thousand three hundred of the militia
of New Jersey to reinforce the army at New York.
Passed June 14, 1776.
Whereas the Honourable Continental Congress have resolved,
That the Colony of New Jersey be requested immediately
to send three thousand three hundred of their
militia to reinforce the army at New York, to be continued
in the service until the first day of December next, unless
sooner discharged by the Congress: And that the pay of the
militia, which by a late resolve of the Continental Congress
is fifty Shillings, Proclamation money per month
for the privates in all the United Colonies, commence
from the day of their marching from home, allowing
them one penny, lawful money, per mile, in lieu of
rations for traveling expences, and one day's pay for
every twenty miles between home and the general rendezvous
going and returning. And as troops of the enemy,
from the best intelligence, are daily expected to arrive at
New York, this Congress are anxiously desirous to carry
the resolutions of the Honourable Continental Congress
into immediate effect.
Resolved therefore, That five battalions, consisting of
eight companies of seventy-eight non-commissioned officers
and privates, be immediately got in readiness and
marched to New York, under the command of a Brigadier-
General; which battalion shall be raised by a voluntary
enlistment, to continue in the service until the first
day of December next, unless sooner discharged.
Resolved further, That the said battalions shall be
formed as follows: one battalion to consist of three companies
from the County of Bergen, and three companies
from the County of Essex, and two companies from the
County of Burlington.
One battalion to consist of four companies from the
County of Middlesex, and four companies from the
County of Monmouth.
One battalion to consist of four companies from the
County of Morris, and four companies from the County
of Sussex.
One battalion to consist of three companies from the
County of Somerset, and five companies from the County
of Hunterdon.
One battalion to consist of two companies from the
County of Burlington, two companies from the County
of Cumberland, two companies from the County of Gloucester,
and two companies from the County of Salem.
And, in order that proper officers may be immediately
appointed. Resolved, That the field officers, with the subalterns
in each county, do forthwith assemble, and agree
upon one Captain, two Lieutenants, and one Ensign, for
each company, to be raised in their respective Counties;
and that the field officers appointed to the command of
each battalion do appoint an Adjutant and Quartermaster
for the battalion.
Resolved, That each man, at the time of his enlisting,
do sign the following enlistment:
I,
have this day enlisted myself in
the company of Captain as a volunteer in the battalion commanded by Colonel now raising in New Jersey,
to reinforce the army at New York, to continue in that
service until the first day of
December next, unless sooner discharged: and do bind
myself to conform in all instances to the regulations
which or shall be established for the government of said
army.
And it is further resolved. That each man, so entering
himself as a volunteer, do furnish himself at his own
expense, with a good musket with a bayonet, a cartouchbox,
blanket, canteen, and knapsack.
And, in order to expedite the raising of the aforesaid
battalions, at a season when the labour of the inhabitants
is greatly needed in the country, and to encourage
the enlistment of men in this necessary service, It is further
resolved, That there be allowed and paid as a bounty
to each man, who shall voluntarily enlist as aforesaid,
and be properly accoutred, the sum of three Pounds,
Proclamation money, over and above the Continental
pay, to be paid to him at the time he marches to the
general rendezvous.
And it is further resolved, That said forces, when raised,
shall not be compelled to march out of this Colony further
than the city of New York, or parts adjacent thereto.
Resolved, That as soon as any company shall be completed,
the same shall be mustered in the presence of one
of the Commissioners hereinafter named, who are respectively
appointed mustermasters for that purpose; and
upon such muster being had, the said company shall
immediately march to the place of general rendezvous,
to be appointed by the Brigadier-General.
Resolved, That the Colonels of said battalions be directed
to make return as soon as possible to this Congress,
or Committee of Safety, or to the Brigadier-General, to be
by him laid before the Congress or Committee of Safety,
of the number of men enlisted in each County of this
Colony in the battalions aforesaid.
Resolved, That Sidney Berry, Benjamin Halsey, Richard
Ludlow, Asher Holmes and Thomas Sinnickson,
Esquires, be, and they are hereby, appointed Commissioners
for paying the bounty allowed to each volunteer
as aforesaid, which they, or any of them, are to pay out
of the bills of credit lately made current by ordinance of
the Congress of this Province; and shall take proper receipts
for all monies by them, or any of them, paid out
as a bounty in manner aforesaid, signed by the persons
receiving the same; which receipts, when laid before this
or a future Congress, or other future Representative Body
of this Colony, to whom they are hereby made accountable,
shall discharge the said Commissioners or any of
them, of all monies legally paid out as aforesaid; And
that there be allowed, as a compensation to said Commissioners
for reviewing said men, and paying said bounty,
a sum after the rate of one per cent, for all monies by
them, or any of them, paid out as aforesaid. And the
Treasurers of this Colony, appointed by Congress, and
each of them, are hereby required to pay to such Commissioners,
or any of them, such sum or sums of money
as may be necessary for the above purpose.
Resolved, That the Commissioners appointed by the late
Congress do furnish the aforesaid five battalions with six
hundred and sixty camp-kettles, or one camp-kettle for
every five men, to be lent to them during this campaign.
Resolved, That it be recommended to the several Committees
of this Colony to be zealous and diligent in assisting
the officers to raise and equip the aforesaid forces;
and that those who do not engage in this service be earnestly
requested to lend or dispose of their arms and accoutrements
to the volunteers who shall enlist.
It is further resolved, That the five battalions above directed
to be raised form one brigade, and that a Brigadier
General be appointed to command the same.
Resolved unanimously, That Joseph Reed, Esq. be and
he is hereby appointed Brigadier General.
Resolved, That the following officers be appointed to the
command of the respective battalions, viz.: For the battalion
to be raised in Bergen, Essex and Burlington,
Philip Van Cortland, Colonel, David Brearley, Lieutenant
Colonel, and Richard Dey, Major; for the battalion
to be raised in Middlesex and Monmouth, Nathaniel
Heard, Colonel, David Forman, Lieutenant Colonel, and
Thomas Henderson, Major; for the battalion to be raised
in Morris and Sussex, Ephraim Martin, Colonel, John
Munson, Lieutenant Colonel, and Cornelius Ludlow,
Major; for the battalion to be raised in Somerset and
Hunterdon, Stephen Hunt, Colonel, Philip Johnson,
Lieutenant Colonel, and Joseph Philips, Major; for the
battalion to be raised in Gloucester, Salem, Cumberland,
and Burlington, Silas Newcomb, Colonel, Bowes Reed,
Lieutenant Colonel, and , Major.
Resolved, That Robert Hoops, Esquire, be and he is
hereby appointed Brigade Major of the aforesaid brigade.
Resolved, That the militia, which have lately been
draughted by order of the Committee of Safety of this
Province, be, and hereby are at liberty to enlist in the
above brigade; and that no further draughts be made in
consequence of said order.
Constitution of New Jersey.
Passed July 2, 1776.
Whereas, all the Constitutional authority ever possessed
by the kings of Great Britain ever these Colonies,
or their other dominions, was, by compact, derived from
the people, and held of them for the common interest of
the whole society; allegiance and protection are, in the
nature of things, reciprocal ties, each equally depending
upon the other, and liable to be dissolved by the
others being refused or withdrawn; and whereas, George
the Third, King of Great Britain, has refused protection
to the good people of these Colonies; and, by assenting
to sundry acts of the British Parliament, attempted to
subject them to the absolute dominion of that body; and
has also made war upon them in the most cruel and unnatural
manner, for no other cause than asserting their
just rights; all civil authority under him is necessarily
at an end, and a dissolution of government in each
Colony has consequently taken place.
And whereas, in the present deplorable situation of these
Colonies, exposed to the fury of a cruel and relentless
enemy, some form of government is absolutely necessary,
not only for the preservation of good order, but also the
more effectually to unite the people, and enable them to
exert their whole force in their own necessary defence;
and as the Honourable the Continental Congress, the
Supreme Council of the American Colonies, has advised
such of the Colonies, as have not yet gone into the
measure, to adopt for themselves respectively such government
as shall best conduce to their own happiness
and safety, and the well-being of America in general;
We, the Representatives of the Colony of New Jersey,
having been elected by all the Counties in the freest manner,
and in Congress assembled, have, after mature deliberation,
agreed upon a set of charter rights, and the
form of a Constitution, in manner following, videlicit,
I. That the government of this Province shall be
vested in a Governor, Legislative Council, and General
Assembly.
II. That the said Legislative Council and Assembly
shall be chosen for the first time, on the second Tuesday
of August next; the members whereof shall be the same
in number and qualifications as is hereinafter mentioned;
and shall be and remain vested with all the powers and
authority to be held by any future Legislative Council
and Assembly of this Colony until the second Tuesday
in October which will be in the year of our Lord one
thousand seven hundred and seventy-seven.
III. That on the said second Tuesday in October,
yearly and every year forever (with the privilege of adjourning
from day to day as occasion may require) the
counties shall severally choose one person to be a member
of the Legislative Council of this Colony, who shall
be and have been for one whole year next before the election,
an inhabitant and freeholder in the County in
which he is chosen, and worth at least one thousand
Pounds, Proclamation money, of real and personal estate
within the same County: That, at the same time,
each County shall also choose three members of Assembly;
provided that no person shall be entitled to a seat
in the said Assembly, unless he be and have been for one
whole year next before the election, an inhabitant of the
County he is to represent, and worth five hundred
Pounds, Proclamation money, in real and personal estate
in the same County: That on the second Tuesday next
after the day of election, the Council and Assembly shall
separately meet; and that the consent of both houses
shall be necessary to every law, provided that seven shall
be a quorum of the Council for doing business; and that
no law shall pass, unless there be a majority of all the
Representatives of each body personally present and
agreeing thereto. Provided always, That if a majority of
the Representatives of this Province in Council and
General Assembly convened, shall at any time or times
hereafter, judge it equitable and proper to add to or
diminish the number or proportion of the members of
the Assembly for any County or Counties in this Colony,
then, and in such case, the same may, on the principles
of more equal representation, be lawfully done, anything
in this charter to the contrary notwithstanding; so that
the whole number of Representatives in Assembly shall
not at any time be less than thirty-nine.
IV. That all the inhabitants of this Colony of full age
who are worth fifty Pounds, Proclamation money, clear
estate in the same, and have resided within the County
in which they claim a vote for twelve months immediately
preceding the election, shall be entitled to vote for
Representatives in Council and Assembly; and also for
all other publick officers that shall be elected by the people
of the County at large.
V. That the Assembly when met, shall have power to
choose a Speaker, and other their officers to be judges of
the qualifications and election of their own members;
sit upon their own adjournments; prepare bills to be
passed into laws, and to empower their Speaker to convene
them, whenever any extraordinary occurrence shall
render it necessary.
VI. That the Council shall also have power to prepare
bills to pass into laws, and have other like powers as the
Assembly, and in all respects be a free and independent
branch of the Legislature of this Colony; save only that
they shall not prepare or alter any money bill, which
shall be the privilege of the Assembly; that the Council
shall, from time to time, be convened by the Governor or
Vice President, but must be convened at all times when
the Assembly sits; for which purpose the Speaker of the
House of Assembly shall always, immediately after an
adjournment, give notice to the Governor or Vice President
of the time and place to which the House is adjourned.
VII. That the Council and Assembly jointly at their
first meeting, after each annual election, shall, by a
majority of votes, elect some fit person within the Colony
to be Governor for one year, who shall be constant President
of the Council, and having a casting vote in their
proceedings; and that the Council themselves shall
choose a Vice President, who shall act as such in the
absence of the Governor.
VIII. That the Governor, or, in his absence, the Vice
President of the Council, shall have the supreme executive
power, be Chancellor of the Colony, and act as Captain-
General and Commander-in-Chief of all the militia
and other military force in this Colony; and that any
three or more of the Council shall, at all times, be a
Privy Council to advise the Governor in all cases where
he may find it necessary to consult them; and that the
Governor be Ordinary or Surrogate General.
IX. That the Governor and Council (seven whereof
shall be a quorum) be the Court of Appeals in the last
resort in all causes of law as heretofore; and that they
possess the power of granting pardons to criminals after
condemnation in all cases of treason, felony, or other
offences.
X. That captains and all other inferior officers of the
militia, shall be chosen by the companies in the respective
Counties; but field and general officers by the Council
and Assembly.
XI. That the Council and Assembly shall have power
to make the great seal of this Colony, which shall be
kept by the Governor, or, in his absence, by the Vice
President of the Council, to be used by them as occasion
may require; and it shall be called The great seal of
the Colony of New Jersey.
XII. That the Judges of the Supreme Court shall continue
in office for seven years, the Judges of the Inferior
Court of Common Pleas in the several Counties, Justices
of the Peace, Clerks of the Supreme Court, Clerks of the
Inferior Courts of Common Pleas, and Quarter Sessions,
the Attorney General and Provincial Secretary, shall continue
in office for five years, and the Provincial Treasurer
shall continue in office for one year; and that they shall
be severally appointed by the Council and Assembly in
manner aforesaid, and commissioned by the Governor, or
in his absence, by the Vice President of the Council.
Provided always, That the said officers severally shall be
capable of being re-appointed at the end of the terms
severally before limited; and that any of the said officers
shall be liable to be dismissed, when adjudged guilty of
misbehaviour by the Council on an impeachment of the
Assembly.
XIII. That the inhabitants of each County, qualified
to vote as aforesaid, shall, at the time and place of electing
their Representatives, annually elect one Sheriff, and
one or more Coroners; and that they may re-elect the
same person to such offices, until he shall have served
three years, but no longer; after which three years shall
elapse before the same person is capable of being elected
again. When the election is certified to the Governor or
Vice President, under the hands of six Freeholders of
the County for which they were elected, they shall be
immediately commissioned to serve in their respective
offices.
XIV. That the Townships, at their annual town meetings
for electing other officers, shall choose Constables
for the districts respectively; and also three or more
judicious Freeholders of good character to hear and
finally determine all appeals relative to unjust assessments
in cases of publick taxation; which Commissioners
of Appeal shall for that purpose, sit at some suitable
time or times to be by them appointed, and made known
to the people by advertisement.
XV. That the laws of this Colony shall begin the following
style, viz.: Be it enacted by the Council and General
Assembly of this Colony, and it is hereby enacted by the
authority of the same: That all commissions, granted by
the Governor or Vice President, shall run thus —
The Colony of New Jersey, to A B, &c., greeting: And that
all writs shall likewise run in the name of the Colony:
And that all indictments shall conclude in the following
manner, viz.: against the peace of this Colony, the Government,
and dignity of the same.
XVI. That all criminals shall be admitted to the same
privileges of witnesses and counsel, as their prosecutors
are or shall be entitled to.
XVII. That the estates of such persons as shall destroy
their own lives shall not, for that offence be forfeited ;
but shall descend in the same manner as they would
have done had such persons died in a natural way; nor
shall any article, which may occasion accidentally the
death of any one, be henceforth deemed a deodand, or in
anywise forfeited on account of such misfortune.
XVIII. That no person shall ever within this Colony
be deprived of the inestimable privilege of worshipping
Almighty God in a manner agreeable to the dictates of
his own conscience; nor under any pretence whatsoever
compelled to attend any place of worship, contrary to
his own faith and judgment; nor shall any person
within this Colony ever be obliged to pay tithes, taxes,
or any other rates, for the purpose of building or repairing
any church, or churches, place or places of worship,
or for the maintenance of any minister or ministry, contrary
to what he believes to be right, or has deliberately
or voluntarily engaged himself to perform.
XIX. That there shall be no establishment of any one
religious sect in this Province in preference to another;
and that no protestant inhabitant of this Colony shall
be denied the enjoyment of any civil right merely on account
of his religious principles; but that all persons,
professing a belief in the faith of any protestant sect,
who shall demean themselves peaceably under the government
as hereby established, shall be capable of being
elected into any office of profit or trust, or being a member
of either branch of the Legislature, and shall fully
and freely enjoy every privilege and immunity enjoyed
by others their fellow subjects.
XX. That the Legislative Department of this Colony
may, as much as possible, be preserved from all suspicion
of corruption, none of the Judges of the Supreme or
other Courts, sheriffs, or any other person or persons
possessed of any post of profit under the government,
other than justices of the peace, shall be entitled to a seat
in the Assembly; but that, on his being elected and taking
his seat, his office or post shall be considered as vacant.
XXL That all the laws of this Province, contained in
the edition lately published by Mr. Allinson, shall be and
remain in full force, until altered by the Legislature of
this Colony (such only excepted as are incompatible with
this charter) and shall be, according as heretofore, regarded
in all respects by all civil officers, and others, the
good people of this Province.
XXII. That the common law of England, as well as so
much of the statute law, as have been heretofore practised
in this Colony, shall still remain in force, until they shall
be altered by a future law of the Legislature; such parts
only excepted as are repugnant to the rights and privileges
contained in this charter; and that the inestimable
right of trial by jury shall remain confirmed, as a part
of the law of this Colony without repeal for ever.
XXIII. That every person who shall be elected as
aforesaid to be a member of the Legislative Council or
House of Assembly, shall, previous to his taking his seat
in Council or Assembly, take the following oath or
affirmation, viz : I A B do solemnly declare, that as a
member of the Legislative Council (or Assembly, as the
case may be) of the Colony of New Jersey, I will not
assent to any law, vote or proceeding, which shall
appear to me injurious to the publick welfare of said
Colony, nor that shall annul or repeal that part of the
third section in the charter of this Colony, which establishes
that the elections of members of the Legislative
Council and Assembly shall be annual, nor that part of
the twenty-second section in said charter respecting the
trial by jury, nor that shall annul, repeal or alter any
part or parts of the eighteenth or nineteenth sections of
the same. And any person or persons, who shall be
elected as aforesaid, is hereby empowered to administer
to the said members the said oath or affirmation.
Provided always, and it is the true intent and meaning of
this Congress, That if a reconciliation between Great
Britain and these Colonies should take place, and the
latter be again taken under the protection and government
of the crown of Great Britain, this charter shall be
null and void, otherwise to remain firm and inviolable.
Ordinances.
—————
ORDINANCE
For regulating the ensuing election.
Passed July 15, 1776.
Whereas by the second section of the Constitution of
this Colony, formed by this Congress, there is to be a
Legislative Council and General Assembly elected by the
good people of this Colony, on the second Tuesday in
August next; and, pursuant to the same Constitution, one
Sheriff and one or more Coroners in each County ought,
at the same time, to be elected. And whereas it was
thought proper not to fix or insert in the said Constitution
either the places or mode of election, or the place where
the said Council and Assembly shall meet, after they are
so elected, but leave them to be ascertained by a distinct
ordinance of this Congress.
Resolved therefore, That the places of election shall be as
follows: In Bergen, at the Court House in New Barbadoes;
in Essex, at the Court House in Newark; in Middlesex, at
the Court House in New Brunswick; in Somerset, at the
Court House in Hillsborough; in Morris, at the Court
House in Morristown; in Monmouth, at the Court House
at Freehold; in Hunterdon, at the Court House in Trenton;
in Sussex, at the Court House in Newton; in Burlington,
at the Court House in the city of Burlington; in
Gloucester, at the Court House in the town of Gloucester;
in Salem, at the Court House in the town of
Salem; in Cumberland, at the Court House in Bridge-town;
and in Cape May, at the Court House in the Middle-Precinct,
and that the inhabitants of each County, entitled to
vote for Representatives in the said Council and General
Assembly, when met at the place of election, shall, between
the hours of ten in the morning and one in the
afternoon, choose three judicious freeholders to preside
as Judges of the election; which Judges shall take an
oath or affirmation before any Justice of the Peace for .
the faithful and impartial discharge of their duty; and
the said inhabitants shall then proceed to elect such a
number of Representatives in Council and Assembly, as,
by the said Constitution, they are entitled to elect; and
also one Sheriff, and one or more Coroners; adjourning
from day to day, and from place to place, (except in the
County of Salem) if it shall be thought necessary, pursuant
to the ordinance of the late Provincial Congress.
And the certificate of the Judges, so as aforesaid appointed,
together with six good and sufficient freeholders,
shall be a sufficient testimonial of the election of any
member of Council or Assembly; the form of which certificate
shall be as follows: We do hereby certify. That
on the day of the date hereof. A, B and C were (or that
A was in the certificate for a member of Council) duly
elected to represent the County of
in the General
Assembly of this Colony (or Legislative Council as
the case may require) to be held at Princeton on the 27th
of this instant. Witness our hands and seals this
day of August, 1776. Provided always, That no person
or persons shall be entitled to a seat in Council or Assembly
unless he or they so elected shall have first taken
the following oath or affirmation, to wit: I, A B, do swear
(or affirm) that I do not hold myself bound to bear
allegiance to George the Third King of Great Britain;
that I will not by any means, directly or indirectly,
oppose the measures adopted by this Colony or the Continental
Congress against the tyranny attempted to be
established over these Colonies by the Court of Great
Britain; and that I do and will bear true allegiance to
the government established in this Colony under the
authority of the people.
And as it is highly unreasonable, that the enemies of
America should be admitted to take an active part in
our publick measures, no person or persons shall be admitted
to vote at the said election, unless he first take
the same oath or affirmation if thereunto required, by
any one of the judges or inspectors of the said election;
which oath or affirmation any one of the judges aforesaid
shall be empowered to tender and administer to any
or either of the said electors.
And that each person, who shall be named as a candidate
by any inhabitant entitled to vote, shall be admitted
to appoint one Inspector and one Clerk; which
Clerks, when so appointed, shall be sworn or affirmed in
manner aforesaid truly and impartially to take the votes
and set down the name and place of abode of each elector,
and to poll no voter, who is not attested, if required
so to be by any one or more of the Judges or Inspectors.
Provided always, That no Sheriff or Coroner shall be
empowered to act in his office, until he shall be commissioned
by the future Governor or Vice President of the
Colony, and shall be further qualified in such manner,
as the future Legislature of this Colony shall direct and
appoint.
And it is further resolved, That the Legislative Council
and General Assembly, when so elected, shall, for the
first time, meet at Princeton.
—————
AN ORDINANCE
For punishing treason and counterfeiting.
Passed July 18, 1776.
Whereas it is necessary in these times of danger, that
crimes should receive their due punishment; and the
safety of the people more especially requires, that all
persons, who shall be found so wicked as to desire the
destruction of good government, or to aid and assist the
avowed enemies of the State, be punished with death.
Therefore be it resolved and ordained by this Convention,
and it is resolved and ordained by the authority of the same,
That all persons abiding within this State of New Jersey,
and deriving protection from the laws thereof, do owe
allegiance to the government of this State as of late established
on the authority of the people, and are to be
deemed as members of this State; and that all persons
passing through, visiting, or making a temporary stay in
this State, being entitled to the protection of the law
during such passage, visitation or temporary stay, during
the same time owe allegiance to this government.
And be it further resolved and ordained, That all and
every person or persons, members of, or owing allegiance
to this government, as before described, who, from and
after the date hereof, shall levy war against this State
within the same, or be adherent to the King of Great
Britain, or others the enemies of this State within the
same, or to the enemies of the United States of North
America, giving to him or them aid or comfort, shall be
adjudged guilty of high treason, and suffer the pains and
penalties thereof, in like manner as by the ancient laws
of this State, he or they should have suffered in cases of
high treason.
And be it further resolved and ordained, That all and
every person or persons, who, from and after the date
hereof, shall be found guilty of reviling the government
of this State, as by this Convention established, or of
other seditious speeches or practices, shall be punished in
like manner as by the former laws of this State such person
or persons might or ought to have been punished for
such seditious speeches and practices against the government
then in being.
And be it further resolved and ordained, That all and
every person or persons, who, from and after the date
hereof, shall be found guilty of counterfeiting or altering
the Continental bills of credit, the bills of credit issued
by the late Provincial Congress of this State, or the Assemblies,
Conventions or Congresses of any of the United
States of North America, or uttering the same knowing
them to be counterfeit or altered, shall be adjudged
felons, and be punished with death, in like manner as
persons found guilty of counterfeiting or knowingly
altering the former bills of credit of this State might or
should have been.
Provided always, That no person or persons shall suffer
death, or other pains or penalties, for any of the offences
aforesaid, until he or they shall have been first found
guilty of the same offence or offences whereof he or they
shall be charged and accused in due course of law, and
by the verdict of a jury.
Provided also, That nothing in this ordinance contained
shall be construed to divest any Committee of the
power they now possess of examining and committing
any offenders, so that they do not proceed to the infliction
of punishments for any the offences in this ordinance
contained, but leave the same to be determined in
due course of law in manner aforesaid.
—————
AN ORDINANCE
For detaching two thousand of the militia
.
Passed July 18, 1776.
Whereas the Honourable Continental Congress have
resolved, "That General Washington be desired to call
to his assistance two thousand of the men who have
marched into New Jersey to form the flying camp, and
that the Convention of New Jersey be requested immediately
to supply their places with an equal number of
the militia of that State." And whereas, the situation of
New York, the vicinity of New Jersey to the enemy and
above all, the arrival of Lord Howe, who, it is probable,
will speedily make some decisive movement, render it
absolutely necessary, that the most immediate and effectual
steps be taken to guard against the incursions of the
British troops, and to strengthen the army of the United
States.
Resolved therefore unanimously, That two thousand of the
militia of this State be immediately detached to supply
the place of the like number taken from the flying camp
in New Jersey, and ordered to New York.
Resolved, That said two thousand militia compose four
battalions, consisting of thirty companies of sixty-four
non-commissioned officers and privates, under the command
of a Brigadier General.
Resolved, That the said militia continue in service for
the space of one calendar month, computing from the
time of their joining the flying camp, unless sooner discharged;
that they have the same pay, rations and allowance,
as the brigade under General Heard are entitled to
receive from the Continental Congress, computing from
the time of their marching to the place of destination;
and that they conform in all instances to the regulations
which are or shall be made for the government of said
forces.
Resolved, That the said battalions shall be formed as
follows: one battalion to consist of two companies from
the County of Bergen, three companies from the County
of Essex, and two companies from the County of Morris.
One battalion to consist of two companies from the
County of Somerset, two companies from the County of
Sussex, and four companies from the County of Hunterdon.
One battalion to consist of three companies from the
County of Middlesex, three companies from the County
of Monmouth, (whereof Captain Stillwell's Company is
to be one), and two companies from the County of Salem.
One battalion to consist of three companies from the
County of Burlington, three companies from the County
of Gloucester, and one company from the County of
Cumberland.
And, in order that proper officers may be immediately
appointed. Resolved, That the field-officers, with the captains
and subalterns in each County, do forthwith assemble,
and agree upon one captain, one lieutenant, and one
ensign, for each company, to be raised in their respective
Counties; and that the field-officers appointed to the command
of each battalion do appoint an Adjutant and
Quarter-Master for the battalion.
Resolved, That each man come equipped with a good
musket with a bayonet, (if the latter can be procured) a
tomahawk, a cartouch-box, blanket, canteen and knapsack.
Resolved, That the colonels of said battalions be directed
to make return as soon as possible to this convention, or
to the Brigadier-General, to be by him laid before the
convention, of the number of men which turned out in
each County of this State in the battalions aforesaid.
Resolved, That the four battalions above directed to be
raised, form one brigade.
Resolved, That the following officers be appointed to the
command of the respective battalions: viz. For the battalion
to be raised in Bergen, Essex and Morris, Edward
Thomas, Colonel, Ellis Cook, Lieutenant-Colonel, John
Mauritius Goetschius, Major; for the battalion to be raised
in the Counties of Somerset, Sussex and Hunterdon, Mark
Thompson, Colonel, Abraham Bonnell, Lieutenant Colonel,
and Enos Kelsey, Major; for the battalion to be
raised in the Counties of Middlesex, Monmouth, and
Salem, George Taylor, Colonel, Whitton Cripps, Lieutenant-
Colonel, and John Duychinck, Major; and for the
battalion to be raised in the Counties of Burlington, Gloucester
and Cumberland. Charles Read, Colonel, Josiah
Hillman, Lieutenant-Colonel, and William Ellis, Major.
Resolved, That any of the said two thousand militia,
while in service, be at liberty to enlist in the brigade
under the command of General Heard, and, on such enlistment,
shall be entitled to the bounty of Three Pounds,
agreeable to the late ordinance of the Congress.
And whereas camp-kettles are extremely scarce, and
indeed impossible to be procured. Therefore resolved. That
it be recommended to the said militia to bring with them
a sufficient number of kettles; and for this purpose it is
further recommended, that every company be divided into
lots, six men in a lot, and that each lot furnish itself
with a kettle. And if said kettles, or any of them, should
happen to be taken by the enemy, or endamaged or destroyed
in the service, this State will make the owners
full compensation for such injury or loss.
The zeal, alacrity, and spirit, which the inhabitants of
New Jersey have manifested during the present most important
contest for freedom, is a happy presage, as well
as the strongest assurance, that this requisition of their
Representatives will be carried into instant execution;
and the rather so, as the brigade, now directed to be
raised, is particularly destined to guard this State. We
flatter ourselves that it is almost useless to recommend
the utmost dispatch, as the enemy is at hand, and the
danger pressing and great. The vicinity of a mortal foe,
whose avowed design is to reduce us to the most abject
state of vassalage, is surely a call sufficient for freemen.
Our brethren of Pennsylvania pour out in thousands:
may New Jersey keep the illustrious example in view,
and evince to the world, that the militia of this State are
equally zealous in the glorious cause of American freedom!
Remember, the hour is approaching, which will,
in all human probability, decide the fate of America —
which will either ensure your title to the rank of freemen,
or debase you to the lowest class of slaves. Life,
liberty, and property, all await the issue of the present
struggle. Arise, then, and exert yourselves!
—————
AN ORDINANCE
For keeping open the communication between New Jersey
and New York by way of the ferries over Passaick
and Hackinsack rivers.
Passed August 9, 1776.
The Convention having received information that the
ferries over Passaick and Hackinsack rivers, between
Newark and New York, are neither supplied by the proprietors
thereof, or their tenants with such a number of
scows and proper boats as are requisite in our present
alarming situation, nor duly attended. And whereas, it is
of great importance that the passing and repassing between
this State and New York, while the enemy is at
our door, should be put on the most convenient footing;
and the said proprietors and tenants, notwithstanding repeated
applications, having neglected the necessary provision
for the aforesaid purposes;
It is therefore resolved, ordained and directed, That the
management and direction of said ferries be taken out of
the hands of the said proprietors, and that Messieurs
William Camp and Joseph Hedden, junior, be, and they
are hereby, appointed Commissioners to take into their
hands the possession, sole management, and direction of
said ferries, and hold the same for the purposes aforesaid,
until the first day of December next, unless sooner discharged
from this service by the Legislature of this
State. And they, or either of them, are hereby empowered
and required to provide at least four scows for
the ferries over each of said rivers, and to employ a sufficient
number of hands to ply and attend the same; and
also to provide ropes to be stretched across the said
rivers, and all such articles as they shall judge expedient
for the service aforesaid.
And it is further resolved and directed, That no troops in
the service of the United States, or of any of them, nor
their baggage, ammunition, or their other waggons, carriages,
or horses, shall pay more than one third part of
of the ferriage paid by such as are not in said service;
and, to prevent a misconstruction of this resolve, It is
hereby declared, That commissaries or other persons supplying
the army by contract with provisions, stores, &c.
are not intended to be either included in, or to receive
any private benefit from the said resolve.
And it is further resolved and directed. That the said Commissioners
keep an exact account as well of the expences
and disbursements, as of the monies they shall receive
for ferriages. And the said Commissioners, or either of
them, are hereby authorised to draw orders on either of
the Treasurers of this State for such sums of money as
shall be necessary for the disbursements aforesaid, and
his or their receipts thereof shall be sufficient vouchers
to indemnify the said Treasurers, their heirs, executors
and administrators for the payment of said orders; and
at the expiration of the said term, the said accounts of
disbursements and monies received for ferriage by the
Commissioners, shall be submitted to the examination of
the said proprietors, who shall and may then choose,
either to accept of the profits arising from the said ferries
while in the hands of said Commissioners, after paying
thereout such sum for said Commissioners' attendance on
the business aforesaid, as by the Representatives of this
State shall be adjudged, or be paid a reasonable rent for
the ferries during the time aforesaid.
—————
AN ORDINANCE
For detaching one half of the militia.
Passed August 11, 1776.
The Convention viewing with serious concern the
present alarming situation of this and their sister States,
that on a prudent use of the present moment depend
their lives, their liberty and happiness, think it their indispensible
duty to put the militia on such a footing,
that their whole force may be most advantageously
exerted; and to call out the one half into immediate service,
to be relieved by the other monthly.
Be it therefore resolved, ordained and directed, That all
able-bodied men, without exception, in this State, between
the ages of sixteen and fifty, be immediately enrolled by
the captains of the militia, in whose districts they live,
into their several companies, and be called, and deemed
to be, in construction of this Ordinance, the militia of
this State, and to be in that regiment to which the company
they are enrolled in belongs; and that the said
militia be formed into two divisions in manner following,
to wit, orders shall be immediately issued by the
Brigadiers-General to the several Colonels or commanding
officers of every regiment and battalion within this
State to call together without delay all that are directed
as aforesaid to be enrolled in their several companies;
and in those regiments or battalions where one half will
not turn out volunteers to serve in the first division, that
the divisions be determined by lot.
That the first division be immediately equipped with
arms and every necessary accoutrement that can be obtained,
and four days' provision, and march with all dispatch
to join the flying camp in this State. And, to the
end that the several divisions may be properly formed
and officered. It is hereby directed, That the battalions of
the first division shall be formed as follows, to wit, one
battalion from the regiments or battalions whereof Philip
Van Cortland and Edward Thomas, Esquires, are Colonels;
another battalion from the regiment whereof Theunis
Dey, Esquire, is Colonel; another battalion from the
battalions whereof Jacob Ford and Jacob Drake, Esquires,
are Colonels; another battalion from the two regiments
and one battalion whereof Mark Thompson, Ephraim
Martin, and John Cleves Symmes, Esquires, are Colonels;
another battalion from the two battalions whereof Stephen
Hunt and Abraham Quick, Esquires, are Colonels;
another battalion from the battalions whereof George
Taylor, David Brearley, and Daniel Hendrickson, Esquires,
are Colonels; another battalion from the battalions
whereof Jonathan Deare, Esquire, is Lieutenant-
Colonel, and John Neilson and John Duychinck, Esquires,
are Colonels; another battalion from the battalions
whereof Isaac Smith and David Chambers, Esquires, are
Colonels; another battalion from the battalions whereof
Joseph Beavers and John Mehelm, Esquires, are Colonels;
another battalion from the battalions whereof Joseph
Borden and Charles Read, Esquires, are Colonels; another
battalion from the battalions whereof Joseph Ellis and
Richard Somers, Esquires, are Colonels, and Samuel
Tonkin, Esquire, is Lieutenant-Colonel; another battalion
from the battalions whereof Samuel Dick and John
Holme, Esquires, are Colonels; and another battalion
from the battalions whereof Silas Newcomb and David
Potter, Esquires, are Colonels.
That the field and other officers of every two regiments
or battalions, from whence by division a battalion is to
be formed as aforesaid, meet together as soon as possible;
and the officers to command each division shall be determined
as follows: one of the regiments or battalions
shall furnish a Colonel, the other a Lieutenant-Colonel,
and so alternately the Majors and other officers; and if
it cannot readily be agreed by the said officers, which
regiment or battalion shall furnish the Colonel, or other
field officer for the first division, the same shall be determined
by lot; and wheresoever there are a greater number
of companies in one than in the other of the said
regiments or battalions from whence one is to be formed
as aforesaid, if the Captains and subalterns in that regiment
or battalion containing the greatest number of companies
do not agree among themselves who shall serve
in the first division, the same shall be determined by lot.
That in the County where there is but one regiment,
either the Colonel and one of the Majors, or the Lieutenant-
Colonel and the other Major go out with the first
division; and if not agreed on among themselves which
of them shall go in the first division, the same shall be
determined by lot; and wheresoever a battalion is to be
formed out of three regiments or battalions, the field
officers shall go out in rotation.
That the battalions for the second division shall be
formed in like manner as those of the first division, to
wit: each of the remaining half parts of such regiments
or battalions out of which a battalion is above directed
to be formed for the first division, shall form a battalion
for the second division.
That the first division shall continue in service for and
during the term of one month, to be computed from the
time of joining the flying camp; and then, unless sooner
discharged, to be relieved by the second division, and so
alternately every month, until orders to the contrary
shall be issued by the Legislature, the Commander-in-
Chief, or one of the Brigadiers-General of this State.
That to the end that every man of the first division
may be completely equipped as far as possible, the several
Colonels or commanding officers of each regiment or
battalion of the militia are hereby directed to take from
the militia of the second division of their respective regiments
or battalions a sufficient number of their best arms,
and equip those of the first division, giving receipts and
taking just appraisements; and, when relieved by the
second division, those of the first shall redeliver the same
to them; and also such numbers of their own arms as
shall be needed to be taken, and appraised in the manner
aforesaid; and the same arms so at anytime lent or
taken, if lost or damaged in the service, shall be made
good by this State.
That every private shall and may have the liberty of
timely providing an able-bodied man to serve in his
stead, to be approved by the Captain of the company in
which he is to serve.
That every officer refusing to serve in his turn shall
be cashiered and reduced into the ranks, and shall be
fined in manner following: a Colonel twenty Pounds;
a Lieutenant-Colonel fifteen Pounds; a Major twelve
Pounds; a Captain eight Pounds; a Lieutenant, Ensign,
or Adjutant, six Pounds; a non-commissioned officer
three Pounds; and every private refusing to serve in his
turn as aforesaid, shall be fined three Pounds.
That the pay of the officers and privates, to be computed
from the time of their marching to join the flying
camp, shall be, in all respects, the same as those in the
Continental service.
And whereas the principles of equity and humanity
require that a proper compensation and provision be
made for the families of all such as may be killed or
wounded in the service; the Convention pledge the faith
of this State, that an adequate provision for the purpose
aforesaid shall be made in such manner, as that an equitable
share of the burden shall fall upon those who do not
go out with one or other of said divisions on their tour
of service; it being clearly the opinion of the Convention,
that the fines above mentioned to be paid by those who
do not go out, being but a small share of property, are
not equivalent, nor can with any degree of reason be put
in competition with the risk of lives and limbs of those
who go into the service; and also upon persons of property
above the age of fifty, who are neither required to
do duty nor pay any fine.
In this interesting situation — viewing on the one
hand — an active, inveterate, and implacable enemy, increasing
fast in strength, daily receiving large reinforcements,
and industriously preparing to strike some decisive blow:
on the other — a considerable part of the inhabitants
supinely slumbering on the brink of ruin — and moved
with affecting apprehensions, the Convention think it
incumbent upon them to warn their constituents of the
impending danger, On you, our friends and brethren,
it depends, this day, to determine — Whether you, your
wives, your children, and millions of your descendants,
yet unborn, shall wear the galling, the ignominious yoke
of slavery; or nobly inherit the generous, the inestimable
blessings of freedom. The alternative is before
you — can you hesitate in your choice? can you doubt
which to prefer? Say! — will you be slaves? Will you
toil and labour and glean together a little property,
merely that it may be at the disposal of a relentless and
rapacious conqueror? — Will you, of choice, become hewers
of wood and drawers of water? Impossible! You
cannot be so amazingly degenerate as to lick the hand
that is raised to shed your blood! Nature and nature's
God have made you free! Liberty is the birthright of
Americans! the gift is of heaven! and the instant it is
forced from you, you take leave of every thing valuable
on earth! Your happiness or misery, virtuous independence
or indignant servitude, hang trembling in the
balance! Happily, we know we can anticipate your
virtuous choice — With confident satisfaction we are assured,
that not a moment will delay your important decision —
that you cannot feel hesitation, whether you will
tamely and degenerately bend your necks to the irretrievable
wretchedness of slavery — or by your instant and
animated exertions enjoy the fair inheritance of heavenborn
freedom, and transmit it unimpaired to your posterity.
—————
AN ORDINANCE
To provide for the payment of incidental charges.
Passed August 21, 1776.
Whereas it is necessary to provide for the payment of
such incidental charges as have accrued during the sittings
of this Convention.
It is therefore resolved and directed, That there be paid by
either of the treasurers to the president and each of the
members of this Convention the sum of six Shillings per
diem for every day they have or shall attend during the
continuance of this Convention, to be certified by Mr.
Elmer, Dr. Bloomfield, Mr. Patterson, and Mr. Hand, or
any two of them.
To the Secretary of this Convention the sum of fourteen
Shillings per diem for each day he hath or shall attend
this Convention, to be certified as aforesaid.
To Lieutenant-Colonel Bowes Read, the sum of fifty-one
Pounds two Shillings and ten Pence, in full of his account
for himself and guard for William Franklin, Esq. while
a prisoner in Burlington, and on his way to Princeton ;
and the guard's pay for six nights and two days while on
said service.
To Colonel Charles Read and Major Haight the sum of
eighty-seven Pounds seven Shilling and ten Pence, in full
for the pay and subsistence for themselves, officers and
privates, on their first expedition to Monmouth.
To Lieutenant Colonel Ellis Cook five Pounds eighteen
Shillings and seven Pence, York money, in full for six
days wages and subsistence, and cash paid for ferriage of
one hundred and fifty men of his detachment.
To Joseph Hugg, Esquire, three Pounds five Shillings
and six Pence, in full of his account for transporting two
tons and four pounds of powder, expense of loading,
storing, &c.
To John Dennis, Esquire, twenty-five Shillings, in full
of his account for paper furnished for the Convention.
To Daniel Bellingeau, door-keeper, for his attending
fourteen days at Trenton, two Pounds sixteen Shillings,
in full of his account.
To John Cleves Symmes, for Doctor Baldwin's bill,
three Pounds twelve Shillings and eleven Pence, and two
Pounds two Shillings and eight-pence, for attending two
Continental soldiers of Colonel Maxwell's battalion; and
four Shillings for horse hire, in full of his account.
To Rensselier Williams six Pounds six Shillings, in
full of his account.
To Mrs. Rachel Steele three Pounds eighteen Shillings
and four Pence, in full of her account.
To Lieutenant Ellet Howell eighteen Shillings, in full
of his account for guarding Thomas Okeson from Burlington
to Trenton.
To Captain Thomas Kinney one hundred and five
Pounds one Shilling and seven Pence, for himself and
guard in attending William Franklin, Esq. from Morristown
to Governor Trumbull, in the State of Connecticut.
To Aaron Penson and James Nutman the sum of five
Pounds, in full for guarding Conrad Hendricks to Trenton.
To Colonel Nathaniel Heard, Esq. fifty-four Pounds
ten Shillings and five Pence, in full of his account for
guarding William Franklin,. Esq. from Amboy to Burlington.
To Colonel Nathaniel Heard, Esq. seven hundred and
fifty-three Pounds nine Shillings and seven Pence, in full
of his account for the Middlesex, Essex and Somerset
militias, for the expedition to Staten Island, at the request
of the Committee of Safety of New York, on their
promise of repayment.
To Captain James Wheeler fifty-two Pounds one Shilling
and two Pence, in full of his account in marching
his company of militia to New York, by order of lord
Stirling, Brigadier-General.
To Captain Robert Drummond one Pound fourteen
Shillings and eleven Pence, in full for Nicholas Roche's
account of expences and medicines for the militia when
marching to Long Island.
To Frederick Frelinghuysen sixty-one Pounds thirteen
Shillings and two Pence, being the balance due to
him and men by him enlisted for the eastern company
of artillery, who were discharged upon his resignation.
To Major John Dunn twenty-seven Shillings and three
Pence, in full for his account of expenses to Monmouth
Courthouse by order of the Convention.
To Doctor Moses Bloomfield five Pounds eleven Shillings
and five Pence, in full of his account of medicines
and attendance on Captain Neil's artillery company.
To Jonathan Bowen ten Shillings, in full of his expences
to Salem.
To Colonel George Taylor, Esquire, one hundred and
seventy-six Pounds eighteen Shillings and two Pence, in
full of the balance due him as commissary, and reviewing
Captain Stillwell's company.
To Lieutenant-Colonel Samuel Forman seventy-nine
Pounds eleven Shillings and seven Pence, in part for his
account for himself and the officers and men under his
command, in pursuit of the disaffected in Monmouth
County, by order of this Convention.
To Lieutenant-Colonel Samuel Forman fifteen Pounds
ten Shillings and three Pence, in full of the balance due
for his militia marching in the County of Monmouth
with Colonel Charles Read, in apprehending disaffected
persons.
To Captain Robert Rhea four Pounds four Shillings
and three Pence, in full of his account for guarding
Thomas Okeson from Monmouth to Burlington.
To Josiah Franklin Davenport three Pounds, in full of
his account for boarding William Franklin, Esquire, and
his servant, one week.
To Captain William Kelsey thirty Pounds towards subsisting
his company on their march from Cumberland to
New York, to join the brigade under General Heard.
To Colonel Charles Read and Major Haight two hundred
Pounds six Shillings and two Pence, in full of their
accounts for the second expedition with the militia of
Burlington, into the County of Monmouth, in pursuit of
the disaffected.
To Lieutenant Colonel Bowes Reed the sum of two
hundred and one Pounds towards defraying the expense
of removing the Continental prisoners from Burlington
to York County in Pennsylvania with their baggage.
To John Schurman, Chairman of the County Committee
of Middlesex the sum of twenty-five Pounds for the
purpose of paying the price of hiring baggage-waggons,
expresses, &c.
To Doctor Thomas Wiggins, Chairman of the Committee
at Princeton, the sum of twenty-five Pounds for
forwarding expresses, &c.
To Colonel Joseph Borden, Esquire, the sum of fifty-four
Pounds, in full of his account for fourteen waggons
employed in transporting the baggage of Lieutenant-
Colonel Brodhead's battalion of riflemen from Bordentown
to Brunswick and Amboy, in the Continental service.
To Colonel Joseph Borden one hundred and twenty
three Pounds one Shilling and one Penny, for paying
bounty and subsistence of twenty-five men in Captain
Anderson's company.
To the Committee of the County of Bergen the sum of
three hundred and fifty-five Pounds ten Shillings, in full
of their account for seventy-nine stand of arms delivered
Captain Meeker, in Lord Stirling's battalion.
To Benjamin Thornell, Chairman of the Committee of
Woodbridge, the sum of twenty-five Pounds, to be employed
in paying expresses, baggage-waggons, &c.
To Lieutenant-Colonel Jonathan Deare, two Pounds
eighteen Shillings and six Pence, in full of his account
for conducting the Eastern Treasurer from Amboy to
Trenton.
To Daniel Isaac Brown, for the County of Bergen, one
Pound eighteen Shillings and nine Pence, in full for
flints and bullets delivered Captain Meeker, in Lord
Stirling's battalion, for the Continental service.
To Lieutenant Alexander Mitchell, the sum of thirty-six
Pounds fifteen Shillings, on account of two weeks'
subsistence due Captain Whitall, and his officers, and
thirty-seven privates in Colonel Newcomb's regiment, in
General Heard's brigade.
To Colonel Charles Read, the sum of twenty Pounds,
towards equipping the militia under his command, to be
accounted for by Colonel Read, or the Committee of
Burlington County.
To Major Sidney Berry, four hundred and seventy-five
Pounds eleven Shillings and six Pence, in full for the
Somerset and Hunterdon militias apprehending certain
disaffected persons in the County of Hunterdon.
To the Brigadier-Generals Dickinson and Livingston,
the sum of one thousand Pounds each, towards expediting
the marching the militia to the assistance of New
York, or to join the flying camp, for which they are to
be accountable to this Convention or the future Legislature.
To the wives of William Burtless, Hugh MacClain and
John Wilson, soldiers in Captain Brearley's company, in
Colonel Maxwell's battalion, the sum of twenty-five Shillings
per month, from the sixth of February last past,
being so much stopt in the hands of Captain Brearley
towards their support, out of the monthly pay of the said
Burtless, MacClain, and Wilson, as appears by Captain
Brearley's certificates.
To Doctor Moses Scott, four Pounds, in full for a gun
lost in the service of this State, which, when found, to be
delivered to either of the Treasurers for the use of this
State.
To William Hay the sum of three Pounds fifteen
Shillings, for going express to Burlington, in full of his
account.
To Joseph Taylor twenty Shillings, in full of his account
for freight of powder from Burlington to Trenton.
To the President, forty-six Shillings and eight Pence,
in full of his account for postage of letters.
To Frederick Frelinghuysen, Esquire, sixteen Shillings
and four Pence, to pay for bringing four prisoners from
Somerset to Princeton.
To John Taylor, fifty-four Shillings, in full of his account
for bringing a deserter from Sandy Hook to Burlington.
To Captain Thomas Kinney, seven Pounds six Shillings
and eight Pence, in full of a mistake made in his
account of pay and expenses for guarding William
Franklin to Governor Trumbull in Connecticut.
To Joseph Robinson, for attending as door-keeper
twenty-five days, at four Shillings per day, the sum of
five Pounds.
To Thomas Hutton the sum of six Pounds fifteen
Shillings, in full for the time he spent in searching for
lead and sulphur mines and flint quarries, by order of
this Convention.
Which certificates, with receipts endorsed thereon, shall
be sufficient vouchers to the said Treasurers, or either of
them, and shall discharge them, their heirs, executors,
and administrators from the several payments so made
and paid out of the treasury by virtue of this ordinance.
[Thirty-eight pages of index not transcribed.].