blished on the ground of the terms held out by his Majesty and the Parliament."

"Although," he continued, "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 others of the King's governors 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 with respect to 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 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 would tell me so in such plain and 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 public papers, to ridicule the people's fear 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 a 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."

XXVIII. The prominent objects of this address, seem to have been to obtain from the Assembly, an assurance of personal safety, and a disavowal of all intention to proclaim independence. And in these, the governor was successful. For the House replied, "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 government afford to all the King's subjects. It is the only asylum which we have to fly to, and we make no doubt 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 con

sequence, 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 particularly, in our petition to the King, at the last session of the Assembly, that we should have thought ourselves, as at present we really deserve to be, exempt from all suspicions of this nature."

The dread of independence seems to have seized, at this time, others than the governor. Several petitions were presented from the freeholders of Burlington county, praying the House to enter into such resolves as might discourage an independency on Great Britain. The petitioners were summoned before the House, and stated, that they had been induced to address it, "from reports that some affected independency." Whereupon, it was resolved, that reports of independency, in the apprehension of the House, are groundless-That it be recommended to the delegates of the colony, to use their utmost endeavours for obtaining a redress of grievances, and for restoring the union between the colonies and Great Britain, upon constitutional principles; and that, the said delegates be directed not to give their assent, but utterly to reject any propositions, if such should be made, that may separate this colony from the mother country, or change the form of government thereof. The spirit of these resolutions differed widely from that which animated the provincial Congress, which, in the succeeding February, instructed the delegates to agree to all measures which the continental Congress might deem necessary.

XXIX. At this session the governor communicated to the Legislature, the royal approbation of an act, for issuing on loan, bills of credit to the amount of one hundred thousand pounds. For more than twelve years this had been a desirable object with the Assembly, who, as we have, elsewhere, observed, frequently passed bills for this purpose, which had hitherto been rejected by the crown; but as if every concession to the wishes of the people, was a grant of property for which some consideration was due, Lord Dartmouth, in remitting the approval, informed the governor, "At the same time I am commanded by the King, to say to you, that it would have been more 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 they now receive; and to appropriate a specific proportion of the said interest, to building houses for the residence of the governor and the meeting of the Legislature, of which you say there is a shameful want. Such an appropriation is no more than what they owe to the dignity of their own government, and his Majesty's just expectations; and, therefore, it is his Majesty's pleasure, that you do require the Assembly, in his Majesty's name, to make such provision accordingly, trusting that they will not make such an ill return to his Majesty's grace and favour, in the confirmation of this law, as not to comply with so just and reasonable a requisition." Thus, a measure was conceded by all parties, having power over it, to be just and necessary, and yet, an individual, who, in all matters relating to the public weal, should have been deemed but an individual, inflated by the worship of crowds, dared to talk of grace and favour in the performance of a simple and imperious duty. But the age is passing away, when men will make themselves golden calves for worship, and when a feeble mortal shall "Assume the God, Affect to nod,

And seem to shake the spheres."

But the name of the King was no longer a spell sufficiently potent to open

the purses of the people, for a prescribed series of years, in favour of royal officers. The Assembly declared, "that though they entertained the most grateful sense of the attention shown to the wishes of the colony, in the allowance of the loan act, and of his Majesty's gracious inclinations to give every indulgence consistent with the true principles of commerce and the constitution," and are sincerely disposed to grant his Majesty's requisitions; yet, at this time, the House cannot consider 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 the usual time; or expedient to erect buildings at present, better to accommodate the branches of the Legislature."

On December 6th, 1775, the House was prorogued by the governor until the third day of January, 1776, but it never re-assembled; and thus terminated the provincial Legislature of New Jersey.

Z

CHAPTER XII.

Comprising Civil Events of the year 1776.-I. State of the Public Opinion at the commencement of the year 1776-Gradual growth of the desire of Independence.II. Resolution of Congress for the establishment of Independent Colonial Governments.-III. Provincial Congress re-assembles-Proceeds to the Formation of a Colonial Constitution. IV. Review of the Constitution.-V. Oath of Abjuration and Allegiance established.-VI. Tories-their motives.-VII. Law relative to Treason.-VIII. Imprisonment and Relegation of Governor Franklin. IX. Measures adopted against the Disaffected.-X. Adoption of the Declaration of Independence.

I. For more than a year the whole country had been, not, only, in open rebellion against the King, but its inhabitants had actually made war upon their fellow subjects, who, unconscious of oppression, had preserved their loyalty. Yet, during this period, the governments of the United Colonies, respectively, were administered in the King's name, and the people, every where, professed affection for his person, and attachment to the parent state. In the first half of the year 1755, amongst the great mass of the people and many of their leaders, these sentiments were real. But the more daring and ambitious spirits had, not only foreseen that the continuance of political connexion was not much longer possible, but had, successfully, sought to inspire the people with the desire of independence. And, probably, there was not a profoundly reflecting man in revolted America, who did not, in the depths of his heart, believe, that the severance of the ties between the parent and daughters was, at no very distant period, inevitable; though many, from various causes, such as timidity, selfish policy, and influence of family relations, were disposed to postpone the event.*

But this inconsistent state of things could not continue, without the most odious and useless hypocrisy, nor without the greatest injury to the cause of the colonists. Whilst the expectation of a reunion was suffered to delude the minds of men, a reluctance to pursue those energetic measures which the crisis demanded, would paralyze the best efforts of the patriots who had assumed the direction of affairs. In effecting a change and demonstration of public opinion, perhaps, no single agent was more powerful, than a pamphlet styled Common Sense, written by Thomas Paine; which, in a clear, perspicuous, and popular style, boldly pronounced a continued connexion with England unsafe, as well as impracticable; and successfully ridiculed her

*In 1768 the following language was holden in the American Whig, a periodical paper, published in New York, edited by Mr. William Livingston, afterwards, governor of New Jersey; and the article is said to have been written by him.-Sedgwick's Life of Livingston, p. 145. "The day dawns in which the foundation of this mighty empire is to be laid, by the establishment of a regular American Constitution. All that has hitherto been done, seems to be little besides the collection of materials for the construction of this glorious fabric. "Tis time to put them together. The transfer of the European part of the great family is so swift, and our growth so vast, that before seven years roll over our heads, the first stone must be laid. Peace or war, famine or plenty, poverty or affluence, in a word, no circumstance, whether prosperous or adverse, can happen to our parent, nay, no conduct of hers, whether wise or imprudent; no possible temper on her part, will put a stop to this building' What an era is this to America! and how loud the call to vigilance and activity! As we conduct, so will it fare with us and our children." Notwithstanding this prophecy and the spirit which prompted it, and which filled the bosom of every leading man in every colony, Mr. Livingston was of those who believed, that the time for its fulfilment had not arrived, and that the declaration of independence, when made, was premature.

***

constitution, which had hitherto been deemed the masterpiece of political workmanship. This pamphlet was universally read, and among those who were zealous in the war, obtained, every where, friends to the measure of independence. The belief became general, that a cordial reconciliation with Great Britain was impossible; that, mutual confidence could never be restored; that, reciprocal jealousy, suspicion, and hate, would take place of that affection, indispensably necessary to a beneficial connexion; that, the commercial dependence of America upon Britain, was injurious to the former, which must derive incalculable benefit from full liberty to manufacture her raw material, and to export her products to the markets of the world; that further dependence upon a nation or sovereign, distant three thousand miles, ignorant and regardless of their interests, was intolerable in the present rapidly increasing strength and power of the colonies; that the hazard in prolonging the contest was as great as in the declaration of independence; and that, since the risk of every thing was unavoidable, the greatest good attainable should be made, in common justice and prudence, the reward of success. It was urged, also, with great force, that foreign aid could be more certainly obtained from the rivals of Great Britain, if they felt assured that such aid would tend to the permanent dismemberment of her empire. The bias given by all these forces was confirmed among the people, on finding, that, they were declared to be in a state of rebellion; that foreign mercenaries were employed to forge their chains; that the tomahawk and scalping knife were engaged in the British service; and that their slaves were to be seduced from their masters and armed against them.

II. The measures of Congress during this remarkable contest, took their complexion from the temper of the people. Their proceedings against those disaffected to their cause became more vigorous; their language relative to the British government, less that of subordinate states-general letters of marque and reprisal were granted, and the ports were opened to all nations not subject to the British crown. At length, the great and important step of independence was in effect, though not in form, taken. On the 15th May, 1776, Congress declared, that his Britannic Majesty, with the lords and commons, had, by act of Parliament, excluded the united colonies from the protection of the crown; that, not only had their humble petition for redress and reconciliation been received with disdain, but the whole force of the kingdom, aided by foreign mercenaries, was about to be exerted for their destruction; that, therefore, it was irreconcilable with reason and good conscience for the colonists to take the oaths for supporting any government under the crown of Great Britain; and it was necessary that the exercise of every kind of authority under the crown should be suppressed, and that all the powers of government should be exercised by the people of the colonies for the preservation of internal peace, virtue, and good order, and the defence of their lives, liberties, and properties, against the hostile invasions and cruel depredations of their enemies. And they resolved, "That it be recommended to the respective Assemblies and conventions of the united colonies, where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall, in the opinions of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general."

This was virtually a declaration of independence. It was such almost in terms. The renunciation of allegiance to the British crown, and the establishment of governments by the authority of the people, were made, certainly, with no hope of reconciliation, nor desire of re-union with the parent state. When Massachusetts asked advice of Congress on the propriety of "taking