parts only excepted as were repugnant to rights and privileges contained in the constitution.

With the many excellent provisions in this instrument of government, there were also obvious defects. There were errors and defects not only in the omission of needed restraints, but in the authority that was actually conferred. The restrictive articles, though highly important in character, were not sufficient in number or reach, to give full security to the people against the danger of an excess of power. Authority was also given to the government, especially to the legislative department, that might, with greater propriety, have been left to the people themselves; this was especially the case in regard to the choice of the executive officers. An immediate choice by the people would have been more in accordance with the theory of popular government, and would also have been attended by important practical advantages. The legislative bodies would thus have been freed from the difficulties and dangers that arise in appointing to office. An unusual degree of integrity, firmness, and wisdom would be required, to prevent the course of legislation from being sometimes affected, by influences which in this manner are brought into action.

The distribution of powers in the constitution was also defective. The Governor was made at once an executive, legislative, and judicial officer. Whilst he exercised the supreme executive authority, he was authorized to preside in one of the legislative houses, and to vote therein, and at the same time, as Chancellor, and as the head of the Court of Appeals and of Pardons, he acted as a principal judicial officer of the government.33 In the case of the members of Council, there was also a singular commingling of duties and of powers. They were chosen principally as legislators, and the election would frequently be made with but little reference to their acquaintance with judicial proceedings; and yet as members of the Court of Appeals, a court of the last resort,

33 These objections were somewhat lessened in actual practice. The ordinary duties of the Governor as chief executive officer, were not numerous or difficult, and he seldom participated directly in legislative proceedings; usually the most important of his duties were those of a judicial character, and the choice of the officer came to be made, in a great degree, with a view to his fitness in this respect.

they were empowered and required to decide upon cases, which the highest judicial authorities had formally adjudged. The entire provision in relation to the judicial department, indeed, was greatly imperfect; excepting the mere designation of certain officers, and the determination of the periods of office, almost the whole was left to the will of the legislative bodies. Yet in considering the circumstances of the formation of this instrument, it would seem to be a matter of surprise, that the deficiencies and faults of the plan were not greater, rather than that any should be found to exist.

A regulation similar to that which was made for the continuance of laws, was also adopted in relation to officers. It was resolved, in order to prevent a failure of justice, that all Judges, Justices of the Peace, Sheriffs, Coroners, and other inferior officers of the late government within the colony, should proceed in the discharge of their several offices, under the authority of the people, until the intended legislature and the several officers of the new government should be settled; all officers having respect to the constitution of New Jersey as lately ordained, and the orders of the Continental and Provincial Congress; and that all actions, suits, and processes should be continued, altering only the style and form thereof, according to the terms prescribed by the said constitution, in the further prosecution thereof.

The several measures which at this period were brought to the notice of the American Congress, were of the highest importance and interest. The great question of independence was brought directly before that body by Richard Henry Lee, one of the delegates from Virginia. On the 7th of June, 1776, he submitted a resolution, declaring "that the united colonies are, and of right ought to be free, and independent States; that they are absolved from all allegiance to the British Crown; and that all political connection between them and Great Britain is, and ought to be, totally dissolved." This resolution was considered in committee of the whole, and was debated with great warmth and ability, and was finally adopted in committee on the 10th, by a bare majority of the colonies. Its further consideration in the House was then postponed until the 1st of July, a committee consisting of Jefferson, Adams, Franklin, Sherman, and R. R. Livingston, being ap

pointed to prepare, in the mean time, a declaration of independence. General sentiment as yet was not fully matured upon the subject, and some of the representatives in Congress were embarrassed by the instructions that had been given them. The delay gave an opportunity for fuller consideration among the people, and for further instructions to their deputies.34 Within the interval, on the 22d of June, a new appointment of deputies was made in New Jersey, and the members, as has been seen, were now expressly authorized to give their assent to the pending measure. They entered upon their duties on the 28th of June.35 On the 1st of July the resolution was again taken up in the house, and being referred to the committee of the whole, was assented to by all of the colonies, except Pennsylvania and Delaware, and on the day following was finally adopted and entered upon the journals of the house.

The committee appointed to prepare a declaration had submitted a draught on the 28th of June, and the question upon its

It has been seen that in February, 1776, the Provincial Congress of New Jersey appointed William Livingston, John Dehart, Richard Smith, John Cooper, and Jonathan D. Sergeant, to be delegates in the General Congress, to serve for one year, or until others should be appointed. These persons were in the body at the time the question of independence was brought up. They were not expressly instructed upon the point, being only empowered to assent to all measures which the Congress should deem necessary. Beside the indecisive character of their instructions, these representatives, or most of them, are supposed to have been willing to avoid the responsibility of a direct decision upon this momentous subject. Smith, alleging indisposition, resigned his seat on the 12th of June, Dehart on the 13th, and Sergeant a few days later. Cooper took no active part in the proceedings, and Livingston was recalled to fill a military appointment, and he too, as there is reason to believe, was doubtful as to the expediency of the step at the time, though when taken, he most earnestly endeavoured to sustain it. Gordon, p. 201. Life of Livingston, p. 185.

3 It is not certain that they were all present at that time, but one of the number, Hopkinson, then appeared and presented their instructions. It has sometimes been stated that the delegates from New Jersey were not present at the time the question of independence was taken, though they afterwards concurred; but other accounts of at least equal authority, represent, that they were present, and that one at least, Stockton, participated in the debate. See Biography of Signers, Memoirs of Lee, Life of Livingston, and Gordon's New Jersey.

adoption was taken in the house on the 4th of July. After receiving some unimportant amendments, the declaration was assented to, being sanctioned by the approbation of every one of the colonies.

On the 17th of July, this important decision was approved and acquiesced in by the Provincial Congress of New Jersey, in the following manner and terms: "Whereas the Honorable 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." On the following day it was also 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.

Thus the connexion with Great Britain was fully and finally severed.

CHAPTER XXI.

PROPOSALS FOR ACCOMMODATION BY THE ENGLISH.-FIRST LEGISLATURE OF THE STATE OF NEW JERSEY.

In regard to military operations, the year 1776 was one of gloom to the cause of America. The British had succeeded in repelling the attempts upon Canada, and were now preparing to establish a strong line of communication along the course of the Hudson River, between the city of New York and the posts on the Canadian borders. With this view, General Howe and his army evacuated Boston, and arrived about the last of June in the the harbor of New York, and on the second of July took possession of Staten Island. He was joined on the 12th by his brother Lord Howe, with a fleet and a large reinforcement of troops. Lord Howe was the bearer to America, of what the British Ministry were pleased to call the "Olive Branch," as well as the sword. On the 6th of May, he, with his brother, had been appointed Commissioners by the King, to make an offer of pardon to all those who, as it was said, "in the tumult and disorder of the times, had deviated from their just allegiance, and were now willing by a speedy return to their duty, to reap the benefits of royal favor." Upon such conditions, the Commissioners were empowered to declare any colony, town, port, or place, to be in the peace, and under the protection of the Crown, and excepted from the penal provisions of the act prohibiting trade and commerce with the colonies. Upon the arrival of Lord Howe, the proposals he bore were communicated in a circular letter to the Governors lately ́acting under the Crown. A letter was also directed to Washington, which was rejected by him on account of its address, and another was sent to Franklin, who had been known to Lord Howe in England. A note dated July 30th, was written by Franklin in