Clayton, W. Woodford, History of Union and Middlesex Counties. p. 452-462.

CHAPTER LXIV.

MIDDLESEX COUNTY IN THE REVOLUTION. 

The Provincial Congress of New Jersey.— An important part of the history of this county in the Revolution is contained in the proceedings of the Provincial Congress of New Jersey for the years 1775 and 1776. The agitations and measures of 1774 had prepared the way for a more responsible body than had yet assembled in the colony, and the Provincial Congress was a legitimate outgrowth of the representative convention which met at New Brunswick on the 21st of July, 1774, and continued in session three successive days.

After the dissolution of this first provisional representative body of the patriotic people of New Jersey, in pursuance of a recommendation of the Continental Congress for a direct and more general appeal to the whole people, the inhabitants of the several towns townships, and counties met in public meetings in their several localities during the fall and winter of 1774—75 and the spring of 1775, and chose delegates to represent them in another provincial convention.

The course pursued in Middlesex may be taken as a type of what was done in the other counties. In that county meetings were held in all the townships at which delegates were elected to a County Convention that was held in New Brunswick Jan. 14, 1775, of whose proceedings its clerk has left us the following record:
     "According to a notice of the 20th December, 1774, 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 in sufficient to pursue, the business recommended by the Continental Congress,
     "It was agreed that every city, township, and district should have 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 a 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 (1), Nathaniel Heard (2), Reuben Potter, William Smith, Jeremiah Manning (3), Matthias Baker (4), Charles Jackson (5), Samuel Force (6), John Pain (7) James Manning (8), John Heard, Daniel Moores (9), John Ross (10) Ellis Barron, William Cutter (11), Reuben Evans, James Randolph, Timothy Bloomfield (12), John Noe (13), and John Conway (14).
     For Piscataway— John Gilman (15), Henry Sutton (16), John Langstaff (17), William Manning (18), Benjamin Manning (19), Jacob Martin (20), Charles Suydam (21), Jeremiah Field (22), Daniel Bray (23), Jacob Titsworth, Micajah Dunn (24), Melanethon Freeman (25), and John Dunn (26).
     "For South Amboy— Stephen Pangburn, John Layd, Luke Schenck, Matthew Rue, William Vance, and Joseph Potter.
     "For New Brunswick— Azariah Dunham (27), J. Schureman (28) John Dennis (29), John Lyle, Jr. (30), Abraham Schuyler (31), George Hance (32), Jacob Van Huys (33), John Slight, John Voorhees (34) Barent Stryker (35), William Willi amson (36), Peter Farmer, Ferdinand Schureman (37), Abraham Buckelew (38), and Jonathan Roeff.
     "For South Brunswick— David Williamson, William Scudder (39) Isaac Van Dyck (40), John Wetherill, Jr. (41), Abraham Terhune, Jacob Van Dyck (42), and Charles Barclay.
     "For Windsor— James Hebron, Samuel Minor, Jonathan Combs, Andrew Davison, Isaac Rogers, Ezekiel Smith, and Jonathan Baldwin (43).*

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 late Continental Congress,** 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 committee 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 public 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, honor, 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 public-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 Oake, Azariah Dunhan John Wetherill, Jonathan Combs, Stephen Pangburn, and Ebenezer Foster, Esquires, Messrs. William Smith, Matthias Baker, Jacob Titsworth, 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 a 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 Philadelphia 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, at a proper time and place, an elect deputies for the service aforesaid; and that this committee be an 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 publicly 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, labor to circulate their pestilent compositions through the land, under the show of friendship and a regard to the public 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." (4*)

One of the acts of the Provincial Convention formed of the county committees, which as we have seen met at New Brunswick on the 21st, 22d, and 23d of July, 1774, was the appointment of a "General Committee of Correspondence" for the whole colony with authority to call a Provincial Congress when in its judgment, it should become necessary. A meeting of this General Committee was held at New Brunswick on Tuesday, May 2, 1775, summoned, as its proceedings show, on the receipt of the news of the battle of Lexington, which occurred April 19, 1775, and tidings of which were received at New Brunswick by the Middlesex Committee of Correspondence on the 24th of April.(5*)

"The following is the minute of the proceedings and determinations of the General Committee:
     "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 Fishier, 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; as also the several acts of hostility that have been actually commenced for this purpose by the regular forces under Gen. 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 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." (6*)

In response to this call the second convention of the province, under the title of "The Provincial Congress of New Jersey," met at Trenton at the time appointed, May 23d, and continued in session until the afternoon of June 3d, 1775, with eighty-seven delegates in attendance, who, as we learn from a message which they sent to the Continental Congress on Thursday, May 25th, by William P. Smith and Elias Boudinot, were "appointed by the several counties of this province as their deputies to meet in Provincial Congress."

The Congress occupied the first day of its session in examining and comparing the certificates of election of the members present, and on the following day, May 24th, organized by electing Hendrick Fisher, of Somerset, president; Jonathan D. Sergeant, of Somerset, secretary; and William Paterson and Frederick Frelinghuysen, of Somerset, assistant secretaries. On the 25th, Samuel Tucker, of Hunterdon, was elected vice-president. The delegates in attendance from the thirteen counties composing the province (the number of counties, it will be observed, was the same as that of the "old thirteen" States) were as follows:(7*)

Bergen: John Fell, John Demarest,@b Hendrick Kuyper, Abraham Van Boskirk, Edo Merselius,— 8.

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,— 13.

Middlesex: Nathaniel Heard, a William Smith, John Dunn,c John Lloyd, Azariah Dunham,@d John Schureman, John Wetherill,@d David Williamson,

Jonathan Sergeant, Jonathan Baldwin, Jonathan Deare,e- 11.

Morris: William Winds,@d William DeHart, Jonathan Stiles, Peter Dickerson, Jacob Drake, Ellis Cook, Silas Condit,— 7.

Somerset: Hendrick Fisher,@ John Roy,@ Peter Schenck, Abraham Van Neste, Jonathan D. Sergeant, Frederick Frelinghuysen,d William Paterson,— 8.

Sussex: Archibald Stewart, Edward Dumont, William Maxwell,f Ephraim Martin,— 4.

Monmouth: Edward Taylor,@(8*) Joseph Saltar,@# Robert Montgomery, John Holmes, John Covenhoven, Daniel Hendrickson,# Nicholas Van Brunt,- 7.

Hunterdon: Samuel Tucker,@(8*) 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,— 15.

Burlington: Joseph Borden, Isaac Pearson, Cohn Campbell,(8*) Joseph Reed, John Pope,— 5.

Gloucester: John Cooper, Elijah Clark, John Sparks,— 3.

Cumberland: Samuel Fithian, Jonathan Elmer, Thomas Ewing,— 8.

Salem: Andrew Sinnickson, Robert Johnson, Samuel Dick, Jacob Scoggin, James James,— 5.

Cape May: Jesse Hand,— 1.

One of the first acts of this body, which exhibits the grave deliberation and dignified sobriety with which our ancestors entered upon their perilous but patriotic course, and which also illustrates the active religious principle that was conjoined with their devotion to liberty, was the adoption of a minute reciting that as the business which would engage their deliberations was of the highest moment, and "may, in the event, affect the lives and properties, the religion and liberties of their constituents, and their remotest posterity, therefore 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."

In accordance with this minute, it was ordered that the president wait upon the ministers of the gospel in Trenton, and in behalf of the 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 Congress then took into consideration the conflict which they foresaw to be impending between Great Britain and "these colonies," and decided that the crisis was of such a character as to make its assembling absolutely necessary for the security of the province, at the same time declaring its allegiance to the "rightful authority and government of His Sacred Majesty George the Third." But notwithstanding the seeming loyalty of this declaration, the Congress promptly assumed and unhesitatingly exercised the functions of an independent and supreme governing and legislative body regardless of the authority of the royal Governor, William Franklin, and unrestrained by the check of any other power than the will of the people. The following outline of the business transacted by the Congress will show the scope of the powers which it assumed and exercised with a firm hand.

The action of the General Assembly which met at Perth Amboy the previous January in electing five deputies to represent the province in the Continental Congress was approved.

It was ordered that each county should have one vote.

A message was dispatched to the Continental Congress, in session at Philadelphia, expressing a disposition most heartily to concur, to the utmost of their abilities, in the common cause of America, in conformity with some general plan to be recommended by the Continental Congress; also desiring to be promptly advised of what the Continental Congress may think desirable to be done, so that measures consistent therewith may be adopted, and that none should be determined upon that would mar or obstruct the general views of the Continental Congress.

Having given this prompt and assuring evidence of their voluntary subordination to the General Congress and of their disposition to cooperate with it in securing the general welfare, the Provincial Congress of New Jersey unanimously adopted a resolution recommending the people of New Jersey to adhere t a resolution just passed by the Continental Congress prescribing that "all exportations to Quebec, Nova Scotia, St. John’s, Newfoundland, Georgia (except the parish of St. John’s), and East and West Florida" should immediately cease, and that no provisions or other necessaries should be furnished to British fisher men on the American coasts.

A committee for opening a correspondence with the recently organized Provincial Congress of New York was appointed, and a draft of a letter to that body was adopted, informing it of the organization of the Provincial Congress of New Jersey, suggesting a uniform plan of action, and offering and inviting in return a "free communication" from time to time of such measures and intelligence "as may be judged most conducive to the interest of the common cause, which letter, a few days later, was cordially responded to.

Articles of association were adopted and ordered to be sent to the Committee of Observation and Correspondence in all the counties, with instructions that they should procure them to be signed by the free-holders and inhabitants of the several townships, reciting the design of the British ministry to raise revenue in America; referring in indignant terms t the cruel hostilities commenced in Massachusetts; expressing the conviction that the preservation of the rights and privileges of America depended, under God, on the firm union of its inhabitants and their abhorrence of slavery; solemnly resolving, under the sacred ties of virtue, honor, and love of country, personally and by their influence, to support and carry into execution the measures recommended by the Continental and Provincial Congresses for defending and preserving inviolate the Constitution; and pledging themselves, so far as was consistent with the measures adopted for the preservation of America freedom, to support all existing magistrates and civil officers in the execution of their duty, and to guard against the "disorders and confusions to which a citizens were exposed by the circumstances of the times."

These measures having been taken for co-operation with the Continental Congress, and for the preservation of the internal order of the province, a still more decided and menacing revolutionary step was taken on the last day of the session, June 3, 1775, by the adoption of a bill for regulating the militia of the colony. The preamble of this important bill indicates that all expectation of a redress of grievances and of a re-establishment of the old relations between Great Britain and the colonies was rapidly vanishing, or, perhaps, that it had already vanished; and its expression of a hope for "the restoration of the old relations" seems to have been merely a politic expedient, resorted to out of deference to those of their fellow-citizens who were not yet prepared for, and might be dismayed by, the spectre of extreme measures. Referring to the "arbitrary measures adopted and pursued by the British Parliament and Ministry for the purpose of subjugating the American colonies to the most abject servitude," and expressing the apprehension "that all pacific measures for the redress of our grievances will prove ineffectual," the Congress boldly declared that it is "highly necessary that the inhabitants of this province be forthwith properly armed and disciplined for defending the cause of American freedom," and "that such persons be intrusted 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." The Congress meant war, if war should be necessary for the maintenance of liberty, and at once set about to prepare for it. They therefore prescribed that one or more companies of eighty men each be immediately formed in each township or corporation, to be taken from the inhabitants capable of bearing arms between the ages of sixteen and fifty, each of which companies should choose by plurality of voices four persons from among themselves of sufficient capacity and substance for its officers, namely, one captain, two lieutenants, and one ensign. These officers were authorized to select fit persons for sergeants, corporals, and drummers. The remainder of the act provides for the formation of regiments and the election of regimental officers, for the mustering of the men, for their assemblage for drill, general muster, and review, and for their equipment with arms, ammunition, and camp equipage.

The next business of the Congress, logically necessitated by the militia bill, was the passage of an ordinance for raising by taxation ten thousand pounds proclamation money for the use of the province, which tax was apportioned to the several counties as follows:

Bergen, £664 8s. 0d.; Essex, £742 18s. 0d; Middlesex, £872 6s. 6d.; Somerset, £904 2s. 0d.; Monmouth, 1069 2s. 8d.; Morris, £723 8s. 0d.; Sussex, £593 5s. 4d.; Hunterdon, £1368 16s. 8d.; Burlington, £1071 13s. 4d.; Gloucester, £763 2s. 8d.; Salem, £679 12s. 0d.; Cumberland, £385 6s. 8d.; and Cape May, £166 18s. 0d.

The remainder of this ordinance details the principles that should govern assessments and taxables, settles when the tax should be collected, and directs its payment by the county collectors to the provisional county committees.

Finally the Congress appointed Hendrick Fisher, of Somerset; Samuel Tucker, of Hunterdon; Daniel Hunt, of Hunterdon; Frederick Frelinghuysen, of Somerset; Isaac Pierson, of Burlington; Azariah Dunham (9*), of Middlesex; John Schureman, of Middlesex; John Hart, of Hunterdon; Joseph Borden, of Burlington ; Jonathan Deare, of Middlesex; Jonathan Baldwin, of Middlesex; Peter Schenck, of Somerset; Ralph Hart, of Hunterdon; and Nathaniel Heart, of Middlesex, or any three of them, with the president or vice-president, a Committee of Correspondence, with power to convene the Congress. The Congress then adjourned.

The second session of the Provincial Congress was held at Trenton, beginning on Saturday, Aug. 5, 1775, and continuing till Thursday, Aug. 17, 1775. In the interval, since its adjournment on the 3d of June, the battle of Bunker Hill had been fought, Washington had been appointed commander-in-chief, and it was becoming plain that the controversy between Great Britain and the United Colonies was to be referred to the arbitrament of war. The object for which the Congress now met was to prepare for this dread alternative by taking efficient measures for the collection of the tax which had been levied at the former session and remained unpaid; to ascertain what persons refused to pay the same or to associate in the measures recommended by the Continental Congress; to provide for the government of the province and for the perpetuation of the Provincial Congress as the successor and substitute for the overthrown royal Governor and Colonial Legislature; to perfect the organization of the friends of liberty by the election of county and township Committees of Observation and Correspondence; to further perfect the bill passed at the preceding session for the regulation of the militia; and to appoint persons as a Committee of Safety, to act during the recess of the Provincial Congress and in its stead.

The number of deputies in attendance at this second session of Congress was eighty-three, four of the Essex deputies who were present at the former session being absent. The great body of the delegates was composed of those who were present in June, but in several of the counties there were changes; the only-change in Middlesex County was the substitution of Lucas Schenck for David Williamson.

The first business which occupied the attention of the Congress was to provide for the collection of the tax levied by the previous session, payment of which seems to have been avoided or refused in many instances. The persons authorized to collect the quotas of the several townships were required to pay the money collected by them to the county collector on or before September 10th prox., and if any refused payment a list of their names was ordered to be sent to their several committees, which committees were also ordered to send the names of such delinquents, as well as of those who had refused to sign the articles of association recommended by the Continental Congress, to the next Provincial Congress. Provision was made for paying assessors and collectors of taxes for their services, and for refunding to the several county committees any surplus of the money raised by taxation that might remain over and above what should be needed for the public service.

The causes that made it desirable to have a new election for deputies to the Provincial Congress are very clearly set forth in the preamble to an ordinance which was adopted on Saturday, August 12th, the language of which evinces that all hope of a peaceful accommodation with the mother-country had nearly died out, and also illustrates the strict regard that was paid to the will of the people as the fountain of authority. "Whereas," says this grave document, "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 burden of taxes already laid upon the good people of this colony, for the just defense 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 hereinafter mentioned on Thursday, the 21st 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 3d day of October next." The remainder of the ordinance merely prescribes the routine details respecting the elections for deputies, and also of Committees of Observation and Correspondence.

Having thus provided for the perpetuation of the civil government of the province, the Congress turned its earnest attention to the more effective organization of the military strength of the colony. To this end a series of resolutions were adopted, of which the following is a summary: The county and township committees were instructed to send the names of their several officers of militia to the Provincial Congress, or to the Committees of Safety it should appoint, that they might be duly commissioned, reserving to the Congress the appointment of all officers above the rank of captain, save those already appointed under the ordinance of the last Congress. It was ordered that the militia of Bergen and Salem should each compose one regiment; of Essex, Middlesex, and Somerset, each two regiments; of Morris and Sussex, each two regiments; and one battalion; of Burlington, two regiments and a company of rangers; of Monmouth, three regiments; of Hunterdon, four regiments; and of Gloucester, Cumberland, and Cape May, respectively three, two, and one battalions,— in all equal to about twenty-three regiments. Disobedience or irregular behavior on the part of officers while on duty was ordered to be reported to the committees of their respective counties, who were empowered to suspend offenders and report the charges and evidence against them to the Committee of Safety, or to the next Provincial Congress, for their action. Those inhabitants between the ages of sixteen and fifty who should refuse to enroll themselves and bear arms were to be required to pay four shillings per month as an equivalent, or upon their refusing such payment were to be reported to the Provincial Congress or the Committee of Safety, "to be dealt with as they shall direct." Persons who had signed the muster-roll and neglected to attend on mustering day were to be fined, two shillings for each such absence (the fines of parties under age to be paid by their parents or masters), not to exceed two fines in a month, and be reported to the Township Committee and the next Congress. The moneys so received of delinquents by the several captains to be applied for defraying the expenses of instructing and equipping their companies. Each private soldier was to be furnished with good arms, powder, and ball by the county or Township Committee when he was himself unable to procure them. The precedence of rank in the militia was established 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. But no reason was assigned for this particular order, nor is it easy to conceive of one. Besides the above twenty-three regiments of militia, it was ordered that four thousand able-bodied effective men be enlisted as volunteers and enrolled under officers appointed and commissioned by the Provincial Congress, but nominated by the county and township committees, who should be denominated "Minute Men," and who should hold themselves in constant readiness on the shortest notice to march to any place where their assistance might be required "for the defense of this or any neighboring colony," who should also pay due obedience to their officers, "agreeably to the rules and orders" of the Continental or Provincial Congress, or during the recess of the latter of the Committee of Safety. These minute-men were to be mustered in companies of sixty-four men each, officer included, of which six companies were to be raised in each of the counties of Essex, Middlesex, Monmouth and Morris; five each in Somerset, Sussex, and Burlington; eight in Hunterdon; four each in Bergen and Gloucester; three each in Salem and Cumberland; and one in Cape May; and they were to b formed into ten battalions,— one each in Bergen, Essex, Middlesex, Monmouth, Somerset, Morris, Sussex, Hunterdon, and Burlington, and one in Gloucester and Salem. The three companies from Cumberland and one from Cape May were to act as independent companies of light infantry and rangers. It was stipulated that these minute-men should receive like pay as the Continental army, should be furnished with camp equipage and provisions, be provided for if wounded or disabled, that they should serve for four months, and should have precedence of rank over the militia.

Before adjourning the Congress passed a series of resolves, which I summarize as follows: Recommending persons whose religious principles would not allow them to bear arms to contribute the more liberally for the relief of their distressed brethren in the several colonies; requiring that before persons received military commissions they should sign the "Association;" appointing Jonathan D. Sergeant, of Somerset, treasurer of the province; and recommending the several county committees immediately to employ gunsmiths to make the arms necessary and wanting in their counties, in conformity with the direction for their manufacture set forth by the Continental Congress. (10*)

The Congress then appointed Henry Fisher, of Somerset, Samuel Tucker, of Hunterdon, Isaac Pearson, of Burlington, John Hart, of Hunterdon, Jonathan D. Sergeant, of Somerset, Azariah Dunham, of Middlesex, Peter Schenck, of Somerset, Enos Kelsey, of Somerset, Joseph Borden, of Burlington, Frederick Frelinghuysen, of Somerset, and John Schureman, of Middlesex, a Committee of Safety to act during the recess of Congress, and thereupon adjourned "to the 20th day of September next, unless sooner convened by the Committee of Safety." (11*)

Up to this time the Provincial Congress had been purely provisional. Its deputies had not been elected in conformity with any law that had been enacted by any really representative or authorized body, but had been chosen on the informal call only of self-constituted or spontaneous meetings or conventions in the several counties. The grave exigencies of the times, as was stated in the preamble to the act of the Provincial Congress providing for a new election of deputies by the people, which has, been already quoted, now demanded a formal resort to the people as the source of power and authority for a choice of those who were to represent and legislate for them, and whose acts would probably convert them into rebels against the arms of Great Britain or into pusillanimous supplicants for her clemency and protection. Accordingly the Provincial Congress which met at Trenton on Tuesday, Oct. 3, 1775, and continued its sessions until the afternoon of Saturday, October 25th, was composed of deputies just elected by the people, fresh from among them, and fully understanding their wishes. It was no longer a provisional body, but was a regularly elected representative assembly. Its powers were peculiar and undefined. The royal authority had been tacitly superseded, though still existing in form; royal charters were held in abeyance; royal writs were disregarded; royal Governors, Legislatures, and other officers were suspected, set at naught, and emptied of power. There was as yet no constitution in the form of a written instrument; and save as it was restricted by the operation of the common law, and of former statutory enactments, and by sufferance of old forms and usages, or held in check by a regard for the opinions and interests of those who brought it into being, there was no limitation upon its powers by any instrument then existing to which they or the people of the province acknowledged fealty. They could and did imprison, exile, confiscate, lay taxes, emit money, exercise power over life and death, call out the militia, and levy war.

The new Congress consisted of forty-eight delegates, whose names are appended in a note, (12*) and nine of whom were also members of the House of Assembly, five each from Essex, Morris, Sussex, Hunterdon, Burlington, Gloucester, and Salem, two each from Bergen, Middlesex, and Cumberland, three each from Somerset and Monmouth, and one from Cape May, but in voting each county had only one vote, as ordered by the previous Congress. On the first day there was not a quorum present, the minutes stating that "several of the deputies" assembled. On the following day, Oct. 4, 1775, it organized with Samuel Tucker, of Hunterdon, president; Hendrick Fisher, of Somerset, vice-president; and John Mehelm, of Hunterdon, secretary. On a subsequent day John Carey, of Salem, was appointed secretary, with Abraham Clark, of Essex, and Charles Stewart, of Hunterdon, assistants.

This session was a busy, earnest, and laborious one. The minutes of the Congress reveal the revolutionary state of the province, the unrest and agitation that prevailed among the people, and the industrious preparation that the patriots were making for the war that they perceived was soon to roll towards them. The minutes also reveal the steady growth of the democratic principle of equality among the people, counting a man a man whether he owned property or whether he did not. Petitions flowed into the Congress on a multitude of subjects from every county and from nearly every township,— from committees, municipal corporations, and individuals,— questioning the election of some of the deputies to the Congress, and of members of the county and township Committees of Observation and Correspondence; craving military commissions or objecting to some that had been issued; soliciting the appointment of particular field, regimental, and other officers, or indicating a preference between candidates; presenting the choice of companies that had been formed for one regiment rather than another; praying that money at interest and also mechanics and lawyers be taxed; from numerous quarters and from all parts ,of the province urging strongly that all who pay taxes, whether freeholder or otherwise, be admitted to vote at the elections for deputies to the Provincial Congress; asking that elections be by ballot, that suits at law for the recovery of debt be conditionally suspended until the final settlement of the dispute between Great Britain and the Colonies; that persons (mostly Quakers and loyalists) who refused to pay the tax ordered by the former Congress be compelled to do so, and that the making of saltpetre, cartouch-boxes, etc., be encouraged. All these petitions received respectful consideration, and the action that was taken upon them was dispassionate, wise, independent, and dignified.

Besides the consideration of these petitions, which, as a purely popular body, deriving its power and even its very existence from the will of the people, it could not and did not disregard, the Congress was engaged in receiving and scrutinizing the reports of the "associations" and committees that had been formed in the various townships and counties; in corresponding with the Continental Congress as to the raising, equipment, organization, footing, payment, and forwarding of troops; and with the Congresses and Committees of Safety of other colonies, and the county and township committees of the province, on subjects pertaining to the general welfare; in examining into the state of the finances of the province, and estimating the expenditure that would be required for the arming, equipment, and maintenance of the militia, etc., and for carrying on the government; in preparing ordinances for the regulation of the militia, for raising additional troops, for enforcing the former taxes and levying new ones, for raising money by the emission of bills of credit, and for the apprehension of deserters. Their attention was also largely occupied in examining and deciding upon complaints that were showered upon them, denouncing loyalists and sympathizers with Great Britain, and in considering public and private grievances of every form and variety.

It will be perceived that the "Ordinances;" as all formal and grave enactments of this body were styled which were passed by the Provincial Congress were of a fundamental character, embracing the evolution of a State and the administration of civil government within its bounds, while it was itself passing through a period of revolution, and was threatened with civil war within and invasion from without. The machinery was to be adjusted to an edifice whose walls were yet unbuilt, and the greatest wisdom and prudence, mingled with courage and fortitude, were required for the undertaking. To this difficult work the Congress addressed itself with equal industry and devotion, and every portion of the task received the anxious deliberations of the deputies unremittingly given by day and by night.

The ordinance to compel the payment of the ten thousand pounds tax of the previous Congress required collectors to return the names of delinquent to the county committees, which committees were ordered to make "distress on the goods and chattels" of the said delinquents, and after five days’ notice by advertisement, to sell them at public vendue, any surplus remaining after satisfying the tax and costs to be returned to the owner. Provision was made to fill vacancies in the office of collector. Where owners of large and profitable tracts of land were non-residents and the taxes were thus avoided, the goods and chattels of the tenant or agent were made liable to be distrained and sold in satisfaction of the tax, and the tenant was authorized to deduct the amount out of the rent. Appeals in cases of alleged excessive taxation were allowed to the county committee, who might order the amount remitted to be repaid, but no appeal was permitted to be heard until the assessment had been first paid. Severe pecuniary penalties were prescribed for non-performance or neglect of duty by collectors, or for their failure to pay over the moneys collected, which penalties might also b enforced by distress and sale of their goods and chattels, or in case of default by collectors, when sufficient property could not be found, their "bodies might be taken and confined until the moneys and costs were fully paid.

The estimate of the amount required for the "defense of the colony," as finally arrived at, was the result of a prolonged consideration by a special committee, and of several earnest debates. It finally culminated in ordering the purchase of three thousand stand of arms, ten tons of gunpowder, twenty tons of lead, one thousand cartouch-boxes, two medicine chests, four hundred tents, with the necessary furniture, besides canteens and knapsacks, and two thousand blankets. It also appropriated one shilling per man per day for troops in actual service until they arrived at the place of destination; £8585 as a fund for the payment of troops for one month when in actual service; £300 for axes, spades, and intrenching tools; £500 for a train of artillery; and £1000 as a bounty of "one shilling a pound" for the manufacture in the colony of "any quantity not exceeding 20,000 pounds of saltpetre on or before Jan. 1, 1777."

In order to meet these expenses the Congress deemed it be necessary that the sum of £30,000 proclamation money should be immediately emitted in bills of credit for the use of the colony, and it appointed a committee, consisting of Hendrick Fisher, John Hart, John Mehelm, Theophilus Elmer, and Azariah Dunham, to draft an ordinance for that purpose, with provision to "sink the money" so emitted, and designating the commissioners to purchase and procure the articles enumerated in the foregoing estimate. The ordinance drafted by this committee and adopted by the Congress appointed Samuel Tucker, Abraham Hunt, Joseph Ellis, and Alexander Chambers commissioners for the western division of the province, and Hendrick Fisher, Azariah Dunham, Abraham Clark, and Samuel Potter commissioners for the eastern division, with authority to contract with artificers for or otherwise purchase the articles named in the estimates, and to supply the troops of the colony when called into action in this or any of the neighboring colonies with one months subsistence, provided that no provision for the same were made by the Continental Congress. To defray these expenses the sum of £30,000 in proclamation money was ordered to be printed, to pass current in all payments within the colony, as follows: five thousand seven hundred bills, each of the value of £3; six thousand bills of £1 l0s. 0d. each; four thousand bills of 15 shillings each, and three thousand bills of 6 shillings each, which when printed were to be delivered to Hendrick Fisher and Azariah Dunham, of the eastern division, and to John Hart and John Carey, of the western, who were to be the signers thereof for the respective divisions (those for the western division in conjunction with John Cooper, one of the treasurers of the colony for the western division, and those of the eastern division in conjunction with John Dennis, also one of the treasurers of the colony for the eastern division). The ordinance details with the utmost minuteness, and an exactitude that illustrates the wary circumspection of our ancestors, how the bills shall be signed, countersigned, counted, inspected, receipted for, sworn to, protected from fraud or peculation, etc., and provides for a tax to be levied annually in 1784, 1785, and 1786 for sinking and retiring the bills emitted. The apportionment of this tax among the counties indicates the then relative wealth of each as follows: Portion of the £10,000 tax to each county: Hunterdon, £1363 16s. 8d.; Burlington, £1071 13s. 4d.; Monmouth, £1069 2s. 8d.; Somerset, £904 2s. 0d.; Middlesex, £872 6s. 8d.; Gloucester, £763 2s. 8.; Essex, £742 18s. 0d.; Morris, £723 8s. 0d.; Salem, £679 128. 0d.; Bergen, £664 8s. 0d.; Sussex, £593 Ss. 4d.; Cumberland, £385 6s. 8d.; Cape May, £166 18s. 0d.

The ordinance for the further regulation of the militia forces of the colony provided for a more accurate and exhaustive enrollment. Each man enrolled was to be furnished at his place of abode with one pound of powder and three pounds of "bullets to suit his firelock or musket," and he must "furnish himself with a good musket or firelock, and bayonet, sword, or tomahawk, a steel ramrod, worm, priming wire and brush, a cartouch-box, twelve flints, and a knapsack," under penalty of the "forfeiture of two shillings for want of musket or firelock, and of one shilling for the want of the other above-enumerated articles." Provision was made for more frequent and thorough drills, and for general musters, and heavy pecuniary penalties, collectable by distress, were prescribed for failure to attend either by officers or privates. To secure the execution of these warrants of distress the persons whose duty it was to serve them were themselves made liable to fine for neglect or failure of duty, which fines were in like manner collectable by distress upon their goods and chattels. In the event of alarm or invasion by an armed force, every enrolled subaltern soldier of the militia or minute-man was to "repair immediately to his captains residence properly armed and accoutred," and the captain "was at once to march his company to oppose the enemy," first having "sent an express to the commanding officer of his regiment," who, in his turn, was to "march with the whole or part of the forces under his command as he, before receiving orders from one of the general officers, might judge necessary in order to prevent the enemy from landing or penetrating into any part of the country, and at the same time should send an express to the general officer nearest him," giving intelligence of "such alarm or invasion." During such times of alarm or invasion the officers and soldiers were to be subject to court-martial, but it was expressly stipulated 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." Persons between sixteen and fifty capable of bearing arms who came from any neighboring province were required within two weeks of their arrival to enroll in the militia, and to be subject to the same duties, fines, and penalties as other citizens. A special provision was inserted to the effect "the minute-men, when called out to the assistance of neighboring colony," shall 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." Directions were given for raising, equipping, and disciplining companies of light-horse, not to exceed one for each county, and each to consist of forty privates, "the officers to rank with the militia officers of the foot," the whole to be formed into regiments, subject to the command of the brigadier-generals of the colony, the Provincial Congress, or the Committee of Safety. Respecting persons "whose religious principles would not suffer them to bear arms," it was, ordered as an equivalent, and in lieu of future voluntary contributions "for public and benevolent uses," that they should pay into the hands of the chairman of the county committees four shillings per month for such exemption, and on their neglect, or failure to do so they should be proceeded against by the issue of warrants of distress on their goods and chattels. The same equivalent was required from persons under age who were capable of bearing arms, and in default payment might be demanded of the "parent, master, or person such delinquents are under," and in case of neglect or refusal the same should be recovered by distress and sale. But persons who were sick and unable to bear arms, or out of the province, or necessarily engaged in the public business of the colony were to be exempt. Appeals might be taken by persons for distress made for fines and forfeitures within two months to the committee of the township or county, who were empowered to afford equitable redress.

Among other important matters connected with the public defense that came before the Congress was a resolution of the continental Congress dated Oct. 9, 1775, recommending "the Convention of New Jersey" to raise immediately "at the expense of the continent two battalions" of eight companies each, each company to consist of sixty-eight privates, "officered with one captain, one lieutenant, one ensign, four sergeants, and four corporals," the privates to be enlisted for one year at £5 per month, and to be liable to discharge at any time on allowing them one months pay extraordinary. Each private was to be allowed, "instead, of a bounty, one felt hat, a pair of yarn stockings, and a pair of shoes," and was to find his own arms. The pay of the officers was to be the same as those of the Continental army. With this resolution came a letter from John Hancock, President of the Continental Congress, dated Oct. 12, 1775, agreeing "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 a part of the terms of enlistment." Accompanying this letter were forty-eight blank commissions for the captains and subalterns of the two proposed battalions. The resolution of the Continental Congress and the letter of President Hancock were received by the Provincial Congress on the 13th of October, and "after some time spent" in their consideration a response was sent declaring that the Congress of New Jersey was "animated with equal affection to the common cause of America with the other provinces, and an equal desire to promote its general interest," but expressing regret that one of the resolutions of the Continental Congress proposed to suspend the "appointment of field-officers" for the two battalions "until the Continental Congress shall take order in that matter." The Provincial Congress thought that it would expedite the training of the men if the nomination of the field-officers were first ascertained to, belong to the New Jersey Congress, and that the reverse would impede enlistments. It also suggested that as other provinces had been allowed this privilege, its members could not, in justice to their constituents, nor consistently with the honor of the province, give, up this claim. They therefore asked a reconsideration of the resolution so far as it related to the appointment of field-officers. No reply having been received to this remonstrance, a second letter was dispatched to the Continental Congress on the 21st of October, expressing anxiety for a reply, and conveying the assurance that "from every appearance the two battalions will speedily, be completed" if the purport of the letter of October 13th were acceded to. Without waiting further for the reply, on the 26th of October the Provincial Congress passed the form of an advertisement which was ordered to be "sent to the press as soon, as possible, and that two hundred copies be printed for this house," which recites the resolution of the Continental Congress, and announced that warrants should be issued to "proper persons for immediately raising the said two battalions," which, it was stipulated, should be made up of "able-bodied freemen." Elias Dayton, Azariah, Dunham, Joseph Ellis, or John Mehelm, or either of them, were appointed: muster-masters, to review and accept the companies and "to certify the same to the Provincial Congress, or in its recess to the Committee of Safety." On the 27th of October a letter was received from the Continental Congress saying that as "the Congress are waiting the return of the 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 officers." On the 28th the Provincial Congress recommended field-officers for the two battalions, the one having been raised in the eastern and the other in the western part, of the province, and they were subsequently appointed, by the Continental Congress. On November 10th six companies of the First (or Eastern) Battalion were ordered to garrison the fort in the Highlands, on the Hudson; on the 27th, of November the remainder of the battalions were ordered into barracks near New York, and on December 8th they were ordered to the city of New York, where they were mustered into the Continental Army on the 26th of December, Lord Stirling being the colonel of the Eastern, and William Maxwell, of the Western Battalion.

The Congress among other matters which occupied their attention adopted resolves respecting the apprehension of deserters from the Continental troops, which empowered any member of a town or county committee to issue his order to the commanding officer of any company of militia or minutemen in such town or county, requiring him to send one or more men to search for and apprehend such deserter, and to confine him safely till he can be conducted to the army; but if the party denied that he was a deserter, he might have a hearing before the town or county committee, which should be convened for that purpose. The expenses of such arrest, confinement, etc., were to be paid by the town or county collectors or treasurers, and the accounts sent to the Provincial Congress or the Committee of Safety, to be by them forwarded to the Continental Congress for reimbursement. All the inhabitants of the colony were desired to exert themselves in arresting deserters, and were authorized to apprehend them without waiting for any order from any committee.

The important question of the qualification of voters for deputies to the Provincial Congress, which had been the subject of numerous petitions from various parts of the State, but especially from Hunterdon and Sussex, was brought up in the Congress by the deputies from Salem on a motion 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 bonafide of a personal estate to the value of fifty pounds proclamation money, or upwards, and have been resident at least one year in the country, may be admitted to vote with those that are freeholders." The consideration of this motion was postponed until Congress should "determine the petitions from the counties of Hunterdon and Sussex, praying that householders may be admitted to vote at future elections." At length, "after having duly weighed and considered," says the minute in the records of the Congress, "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 shall 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." The resolution to postpone was carried, seven counties (Bergen, Essex, Somerset, Monmouth, Burlington, Gloucester, and Cape May) voting to postpone, and six counties (Middlesex, Morris, Sussex, Hunterdon, Salem, and Cumberland) voting against postponement. The principle we may anticipate here by observing was successful in the next and last Provincial Congress, held in 1776 (whose history I hope to comprise in a future paper), and was incorporated into the Constitution which they framed and under which our State was governed until 1844.

Among the latest acts of this active and important session of the Provincial Congress, which fairly launched our State on the ocean of revolution, was the appointment of a Committee of Safety "to act for the public welfare of this colony in the recess of this Congress," for which position the following gentlemen were chosen: Mr. President, Samuel Tucker, of Hunterdon; Mr. Vice-President, Hendrick Fisher of Somerset; John Hart, of Hunterdon; Abraham Clark and Lewis Ogden, of Essex; Joseph Holmes, of Monmouth; John Mehelm, Augustine Steven, son of Hunterdon; Isaac Pearson and John Pope, of Burlington; Azariah Dunham and John Dennis, of Middlesex; and Ruloff Van Dyke, of Somerset. The Congress of 1775 then adjourned to meet at New Brunswick on the first Tuesday of April, 1776, unless sooner convened by the president or vice-president or the Committee of Safety. Thus closed the final session of the Provincial Congress of 1775.

* Forty-three of the sixty-nine delegates had their houses plundered or burned by the British in 1776 and 1777. The figures. refer to memorandum of damages done to their owners by the British when they occupied New Brunswick and vicinity in 1776 and 1777, viz.:

Total ravages by British of these patriots, as far as I have ascertained £15,230

** This was done, and on the 24th of January, 1775, the Assembly real pointed James Kinsey, Stephen Crane, William Livingston, John DeHart, and Richard Smith delegates to the Continental Congress.

*** Am. Arch., 1. 1083, 1084, and 1085.

(4*) Am. Arch., 1. 1083, 1084, and 1085.

(5*) The original dispatch giving the news of the battle of Lexington was forwarded by the committee of Watertown, Mass., at ten o’clock A.M. of Wednesday, April 19th, and was carried by express-riders to the committees at Worcester, Brookline, Norwich, New London, Lynn, Saybrook, Killingsworth, East Guilford, Guilford, Branford, New Haven, and Fairfield, and reached the chamber of the New York committee at four o’clock on Sunday afternoon, on the 23d of April. The dispatch was then forwarded with the following indorsement by the New York committee: "Rec’d the within Account by express and forwarded by express to New Brunswick with Directions to stop at Elizabeth Town and acquaint the committee there with the following Particulars. By order of the committee, Isaac Low, Chairman. The committee at N. Brunswick are requested to forward this to Phila." The other endorsements made upon the despatch during its progress through New Jersey were as follows: "New Brunswick, Ap. 24, 1775. 2 o’clock in the morning rec’d the above express and forwarded to Princeton. Wm. Oake, Jas. Neilson, Az. Dunham, Com’e." . . . "Princeton, Monday, Apl. 24, 6 o’clock, and forw’d to Trenton. Tho. Wiggins, Jon. Baldwin, Comm. Members.". . . "Trenton, Monday, Apl. 24, 9 o’clock in the morning rec’d the above per express and forwarded the same to the Committee of Philadelphia. Sam Tucker, Isaac Smith, Com’e."

(6*) Am. Archives, ii. 467—68.

(7*) (a;) Afterward General; (b;) Captain; (c) Major; (d) Colonel; Lieutenant-Colonel; (f) afterwards General. 
     The deputies marked (@) were also members of the Colonial House of Assembly for 1776.
     The deputies marked (#) were afterwards signers of the declaration of Independence.

(8*) Afterwards adhered to the British, or became disaffected. See Journal of Council of Safety, pp. 16, 20, 29, 37.

(9*) Azariah Dunham and John Schureman resided in New Brunswick, Jonathan Deare and Jonathan Baldwin at Princeton, and Nathaniel Heard at Woodbridge. 

(10*) The recommendation of the Continental Congress was in the following terms: "That it be recommended to the makers of arms for the use of the militia that they make good substantial muskets, with barrels three feet and a half in length, that will carry an ounce ball, and fitted with a good bayonet and steel ramrod, and that making such arms be encouraged in these United Colonies."— Passed July 18, 1795.

(11*) For proceedings of Committee of Safety see next chapter.

(12*) 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 DeHart, 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 Pierson, 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.

Deputies marked @ were also members of the House of Assembly.