Clayton, W. Woodford, History of Union and Middlesex Counties. p. 462-470.

CHAPTER LXV.

MIDDLESEX COUNTY IN THE REVOLUTION.—

Council of Safety.- Before taking up the proceedings of Provincial Congress for the year 1776, it will be well to notice "The Committee of Safety" authorized by that body to act during the recess of its meetings. "This committee," says Mr. Deshler, "in effect constituted a practical dictatorship, residing not in one man, indeed, but in a majority vote of eleven or more persons who were appointed by the Provincial Congress from time to time. Its members were invariably chosen by the deputies to the Provincial Congress from among their own number, and were men upon whom they could rely for courage, prudence, firmness, activity, and sagacity. They exercised, as a committee, all the powers intrusted to or assumed by the Provincial Congress save that of legislation. They conducted all the correspondence and conferences with the Continental Congress and the Provincial Congresses of the other colonies. They gave orders for the arrest of suspicious or disaffected persons. They tried and acquitted, or condemned to imprisonment or detention, men who were charged with disloyalty. or acting in concert with or giving information to the enemy. They kept expresses in constant readiness to forward intelligence with all speed. They appropriated public moneys, commissioned officers in the militia or the corps of minutemen, held prisoners of war, settled controversies between officers, civil and military, acted as a court of admiralty, confiscated the property of those who aided and abetted the public enemy, took order for the general security of the province and for its defense, and, in fine, they were the executive branch of the government, as the representatives of the power and authority of the Provincial Congress during its recess, all which they exercised with an ability and integrity that has never been impeached till they were superseded in October, 1776, by the first Legislature under the new State constitution (adopted July 2, 1776), which, invested the Governor and a Council of twenty members with certain powers for a limited time, under the title of "The Governor and Council of Safety."

The Committee of Safety met during the recess of Provincial Congress at Princeton on Jan. 9, 1776. There not being a quorum present, they adjourned to the 10th of January, at which meeting there were present Samuel Tucker, president; Hendrick Fisher, vice-president; Abraham Clark, deputy secretary; Azariah Dunham, Roelef Van Dyke, John Dennis, Augustine Stephenson, and 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 the committee, who after duly considering the same approve of the expediency of establishing posts as aforesaid; 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 it shall be to forward all expresses to and from the Continental Congress. And that the aforesaid Town Committee shall, on every intelligence of any invasion or alarm, send expresses to the neighboring 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 expenses Incurred by such expresses, the treasurer of this colony, appointed by 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 township in this colony. Which orders, with indorsements thereon by the person or persons to whom the same are made payable, shall be sufficient vouchers to the said treasurers, or either of them, for such sums of money as they, or either of them, may pay thereon as aforesaid."

In the minutes of the committee at this date appears a recommendation from Lord Stirling that Matthias Halsted, of Elizabethtown, be made, first lieutenant, and Yelles Mead ensign, in Capt. Meekers company. The committee of Woodbridge sent in two recommendations, one recommending James Bonny as captain, James Manning as first lieutenant, David Crow as second lieutenant, and John as ensign of a company of militia in that town; the other recommending Elias Barron as captain, Rolph Marsh first lieutenant, Matthew Freeman second lieutenant, and Jonathan Bloomfield ensign of another company in Woodbridge. All were commissioned. 

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 Measural, first lieutenant, James Schureman, second lieutenant, and John Voorhees, Jr., ensign of a company of minutemen in Col. Neilsons battalion. They were ordered commissioned accordingly. Notwithstanding the extraordinary powers exercised by this committee, they refused to stretch their authority beyond proper limits or what they conceived to be for the good of the colony. One remarkable instance of this is found in the fact that they declined to issue commissions on recruiting warrants for the raising of the new battalion of Jersey troops called for by the Continental Congress, "being," as they say, "persuaded that the appointment of officers by the Congress will give much greater satisfaction to the colony than if ap pointed by the committee." At the same time they recommended Azariah Dunham, Esq., to be appointed commissary for supplying such battalion when, raised." It was the urgent responsibility of raising this battalion which they did not like themselves to assume that induced them to convene the Provincial Congress before the time appointed, to which the Congress had adjourned at its last session the previous year. There were also other important matters, such as establishing a Court of Admiralty, issuing regulations for the Continental forces, and enacting civil and military ordinances, which required the early meeting of the Provincial Congress. Hence the committee at their meeting, Jan. 12, 1776, agreed to call the Congress to meet at New Brunswick on Wednesday, the 31st day of January, then instant.

Provincial Congress of 1776.— The Provincial Congress of 1776 met accordingly; there not being a quorum present they adjourned till the first day of February, at nine o’clock A.M., and still a quorum not having arrived, adjournment was had till two o’clock P.M.

The minutes of the Provincial Congress for the preceding year, together with the military ordinance, had been in the mean time printed, and were ordered distributed in the several counties as follows: 

Petitions were sent from the people of Essex and Somerset Counties, praying that householders not freeholders, and all persons paying taxes be allowed to vote, and also that money a interest and other effects bear an equal proportion of the taxes.

The meetings of the Congress during the early part of the year were occupied chiefly with military, affairs, little had been done as yet towards raising and equipping an army. Lieut. Col. Winds regiment was stationed at Perth Amboy but was destitute of ammunition. Somerset and Middlesex Counties temporarily supplied him, the former with " four quarter-casks of powder," and the latter with "150 pounds of lead" which the Congress agreed should be replaced at "some convenient time." Col. Maxwell had been ordered to march with the Eastern Battalion to Canada to assist our forces, who had been defeated at Quebec, and had been awaiting the meeting of Provincial Congress to secure the necessary assistance to put his battalion in marching order. They had neither arms, ammunition, nor equipments of any kind.

On the 2d of February, Col. Maxwell came to New Brunswick, with his marching orders from Continental Congress, and laid them before the Congress of New Jersey. They were read and filed, and the following action taken thereon: 
     "WHEREAS the Continental Congress have ordered Colonel Maxwells 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 the said battalion, without making application to the several counties in this province,
     "Resolved, That the Committee or other public bodies in whose hands any of the New Jersey provincial arms and accoutrements are deposited, do 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 underwritten; 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."

The Congress, determined to raise all the arms it could in this way, addressed, through its president, the commanding officers and chairmen of the county committees in the province:
     "GENTLEMEN:
     "The late repulse at Quebec requires every exertion of the friends of American freedom, in consequence whereof Colonel Maxwells 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 their 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 for every officer to do his part. The value of the arms will be paid in money, or the number be replaced; and the expenses of collecting and forwarding them punctually discharged. We put you to this trouble with regret; but the necessity of the measure must apologize. You will have the arms collected in your county, valued by good men, and sent to Burlington or Trenton under the care of such officers of Colonel Maxwells battalion as may be the bearer hereof."

Part of the arms for Col. Maxwells battalion were furnished by the people of Middlesex County, as we learn from the following minute of Feb. 8, 1776:
     "The resolution of the justices and freeholders, county committee, and field-officers of Middlesex, purporting that they would furnish Colonel Maxwells battalion with fifty stand of arms, etc., 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."

We learn also that some of the arms for Maxwells battalion were purchased by John Posee, Esq., who was ordered to give them up to Col. William Maxwell, or his order, Jan. 13, 1776. About the beginning of this year one hundred stand of arms were borrowed from the province of New York.

On requisition from Lord Stirling, the committee of Elizabethtown furnished him with six thousand cartridges, Somerset County with four quarter-casks of powder, Woodbridge with a considerable quantity of the same, and New Brunswick with one hundred and fifty weight of lead. John. Dennis, Esq., laid before this Congress an appraisement of the blankets in the barracks in New Brunswick by John Schureman and William Applegate, which is in the words following:

"NEW BRUNSWICK, Feb. 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: 

 "JOHN SCHURMEN.
"WILLIAM APPLEGATE.

"To JOHN DENNIS, Esq." .

The new battalion called for should consist of eight companies, and each company of seventy-eight privates, and officered by one captain, two lieutenants, one ensign, four sergeants, and four corporals. The plan for raising the troops was reported by Hendrick Fisher, chairman of the committee. It provided that the officers be immediately recommended for commissions; that the captains and subalterns be appointed, and warrants issued to them to enlist the necessary complement of men. None but healthy, sound, and able-bodied freemen, none under sixteen years of age, no apprentice without the consent of master or mistress could be recruited; parents or guardians could secure the discharge of an enlisted minor by applying to the officer within twenty-four hours after enrollment, refunding the money or necessaries with which the recruit had been supplied, or paying an equivalent therefor. The pay and subsistence of the soldiers was determined by general ordinance of Continental Congress. The prescribed oath of enlistment was in the following words:
     "I, A.B., 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. So help me God!"

For the purpose of raising the companies of this battalion and seeing that the captains properly executed their warrants, Azariah Dunham, of Middlesex, John Meheim, of Hunterdon, , Joseph Ellis, of Gloucester, and Edmond Thomas were appointed by the Provincial Congress muster-masters, to review the said companies and administer the requisite oath to the captains, said oath being in the words following, to wit:
     "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 Third Battalion raised or raising in this colony. So help me God!"

Upon the certificate of the muster-master attached to the back of the muster-roll of each company, and presented to Provincial Congress, or in its recess to the committee of safety, the commissions of the officers were issued.

The following were the officers named and commissioned: Elias Dayton, colonel; Anthony Walton White, lieutenant-colonel; Francis Barber, major.

Samuel Potter, captain; Rinear Blanchard, first lieutenant; Josiah Quimby, second lieutenant; Cornelius Hennion, ensign.

Thomas Patterson, captain; John Mott, first lieutenant; William McDaniel, Jr., second lieutenant; Edward Patterson, ensign.

John Ross, captain; Edward McMichael, first lieutenant; Richard Cox, Jr., second lieutenant; Thomas Coachey, ensign.

William Eugene Imlay, captain; Richard Lloyd, first lieutenant; Daniel Pierson, second lieutenant; Edgar Ganlidet, ensign.

Peter Dickinson, captain; Stephen Dunham, first lieutenant; David Tuttle, second lieutenant; William Tenbrook, ensign.

Thomas Reading, captain; John Anderson, first lieutenant; Ralph Guild, second lieutenant; John Hagan, ensign.

Joseph Bloomfield, captain; Joseph Seely, first lieutenant; William Gifford, second lieutenant; Ebenezer Elmer, ensign.

Anthony Sharp, captain; Samuel Flanagan, first lieutenant; Samuel Hazlett, second lieutenant; Nathaniel Leonard, Jr. ensign.

The Committee of Safety of New York, Feb. 12, 1776, sent a requisition to the Provincial Congress of New Jersey for troops to prevent the British from landing on Staten Island. The Congress unanimously resolved that a detachment of volunteers, consisting of three hundred militia of the county of Middlesex, three hundred of the militia of the county of Essex, and one hundred of the militia of the county of Somerset, be ordered immediately to march to Staten Island, under the command of Col. Nathaniel Heard, Lieut. Col. Edward Thomas, and Maj. John Dunn, to prevent the enemy from landing on the said island, and carrying off live-stock and provisions. They were to remain on time island until further orders, and Azariah Dunham, of New Brunswick, was appointed commissary to supply them with provisions and other necessaries.

The ordinance of Oct. 28, 1775, appointing commissioners to purchase fire-arms and military stores, restricted them to a certain prescribed price. This was found to be a hindrance, and was repealed Feb. 10, 1776, it being "unanimously voted that the said commissioners proceed in the purchase of 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."

This ordinance was the first among ten passed at the session in New Brunswick in February and March, 1776. The entire list of ordinances passed at this session is as follows:
     "An Ordinance Directing the manner of signing the General Association by persons of tender conscience, and enforcing the same, and also for amending the militia ordinance passed at the last session of this Congress."
     "An Ordinance for exempting persons who enlist in the service of the united colonies from arrest."
     "An Ordinance for striking the sum of fifty thousand pounds, five shillings, in bills of credit, for the purpose therein mentioned, and directing the manner of sinking the same."
     "An 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."
     "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."
     "An Ordinance for raising two Artillery Companies in New Jersey, and providing for their pay and subsistence."
     "An Ordinance for paying a bounty on saltpetre and common salt, manufactured In New Jersey, and for purchasing saltpetre."
     "An Ordinance to provide for the payment of incidental charges."

Among the, items provided for in the last-named ordinance are such as the following:
     "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 firewood and candles, and for the use of his large room during the present sitting of this Congress.
     "To John Carey, Esq., as a recompense 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 Dr. 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, Esq., 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 Elias Cook, Esq., the sum of one pound six shillings and eight pence, in full of his account for removing the records in the surveyor-generals office at Perth Amboy to New Brunswick.
     "To Azariah Dunham, Esq., 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, Esq., for copying and correcting the minutes and ordinances of this session for the press, such sum as Azariah Dunham and John Dennis; Esq., shall agree to be paid for that service.".

The first election held under the ordinance extending the right of franchise to all persons of full age, whether. freeholders or not, who had resided one year in the county, and was worth fifty pounds proclamation money in personal estate, and had signed the articles of association, took place on the fourth, Monday in May, 1776. The names of the deputies chosen were the following, with the names of their respective counties:

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, .Elias Cook, William Woodhull, Jacob Green.

Sussex.— Ephraim Martin, Casper Shaver (Shafer), Thomas Potts, Isaac Van Campen, John Cleves.

Sommerset.— 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 Dickerson, 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 Hughes, Jesse Hand, Thomas Learning, Jr., Joseph Savage, Hugh Hathorn.

This body of men composed the Congress which convened at Burlington on Monday, June 10, 1776; and continued by adjournments to Trenton and New Brunswick to hold its sessions until the 21st of August following. The most important acts of this Congress were the deposing of Governor Franklin and the adoption of the first constitution of New Jersey. The series of resolutions touching the case of Governor Franklin was begun by the introduction of the following on Friday, June 14,1776:
     "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 of this instant, June, ought not to be obeyed."

Time above resolution passed as follows:
     Yeas, 38.— Mr. A. Clark, Mr. Condict, Mr. Drake, Mr. Cook, Mr. Woodhull, Mr. Green, Mr. Frelinghuysen; Mr. Paterson; Dr. Witherspoon, Mr. Hardenbergh, Mr. Linn, Mr. Hart; Mr. Mehelm; Mr. Covenhoven, Mr. Mott, Mr. Sparks, Mr. Cooper, Mr. E. Clark, Mr. Hugg, Mr. Ellis, Mr. Elmer, Mr. Ayers, Mr. Harris, Mr. Bowen, Mr. Hand, Mr. Learning, Mr. Hathorn, Dr. Bloomfield, Mr. Wetherill, Mr. Dunn, Mr. Sergeant, Mr. Combs, Mr. Martin, Mr. Shaver, Mr. Van Campen, Mr. Symmes, Mr. Sinnickson, Mr. John Holme.
     Nays, 11.— Mr. Drummond, Mr. Dickinson, Mr. Allen, Mr. Joseph Holmes, Mr. Hughes, Mr. Sayage, Mr. Demarest, Mr. Post, Mr. Van Boskirk, Mr. Brown, Mr. Potts.

It will be seen that all the members from Middlesex voted in the affirmative.

The discussion and passage of this resolution occupied all day Friday, from 8 o’clock A.M. to the hour of adjournment. The first thing on reconvening at 8 A.M. on Saturday was the reading of a petition of sundry inhabitants of the North Ward of the city of Perth Amboy and inhabitants of the township of Shrewsbury, in Mon mouth County praying that the government of the Province of New Jersey may not be changed. A respectful hearing was given to these petitions, but they did not affect in the least the action of the Congress. Resolution No. 2 was then introduced, viz.:
     "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."

The vote on this resolution being taken, stood, as follows:
     Yeas.— A. Clark, Condict, Drake, Cook, Woodhull, Green, Frelinghuysen, Paterson, Witherspoon, Hardenbergh, Linn, Hart, Mehelm, Covenhoven, Mott, Josiah Holmes, Elijah Clark, Sparks, Cooper, Hugg, Ellis, Elmer, Harris, Bowen, Hand, Learning, Hathorn, Bloomfield, Wetherill, Dunn, Sergeant, Combs, Demarest, Post, Quackenbush, Martin, Shaver, Van Campen, Symmes, Sinnickson,, Holine, 41 a gain of three over the last vote on the affirmative, Messrs. Demarest and Post changing their votes from the negative, Mr., Ayers not voting, and Mr. Quackenbush and Josiah Holmes being new members.
     Nays.— Drummond, Dickinson, Allen, Jos. Holmes, Hughes, Savage, Van Boskirk, Brown, Potts, Taylor, the latter being the member from Monmouth not present when the first vote was taken, or at least not recorded among the first voters. It is probable that this member came in on Saturday, bringing the petition against the change of the government, signed by numerous citizens of his county, and that he was pledged to his constituents to vote against the censure and removal of Franklin; at all events, he voted in that way upon the second, third, and fourth resolutions. The following are the two other resolutions adopted by the Congress:
     "3. Resolved, That in the opinion of this Congress the said William Franklin, 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."

The yeas and nays on this resolution were the same as on the last, except that Savage voted in the affirmative and Post in the: negative, the numbers being still the same on both sides.
     "4. Resolved, That in the opinion of this Congress all payment 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 money in their hands to this Congress, or to the future Legislature of this Colony."

On taking the vote upon this last resolution it was found that the nays had diminished to three viz: Allen, Brown, and Potts.

It is evident from the wording of the last resolution that the members of the Congress considered their mission only provisional. They had assumed extraordinary powers, the exercise of the functions of government while a government authorized by the king existed, and resistance to which was high treason, for which every one of them would have suffered death in the event of failure. But they made it high treason to resist their government, which they put in place of that of the king and his loyal, representative, "William Franklin Esq." It is evident that they only regarded their work as that of providing for the exigencies of the colony until constitution and better system of government could be adopted. Hence they speak of "the future Legislature of this Colony" in anticipation of the work that was to be accomplished in less than three weeks from the date of the passage of these resolutions.

The resolutions were carried into effect under the following order, approved June 15, 1776:
     "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."

Col. Heard, in obedience to this instruction, waited upon Governor Franklin at his residence in Perth Amboy, and read to, him the parole, which he absolutely refused to sign, and forbade, the colonel at his peril to carry the order into execution. The colonel then placed a guard of about sixty men around the Governors house, and reported to the Provincial Congress at Burlington. That body immediately sent Col. Heard the following order:
     "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."

Being brought before the Provincial Congress, to be examined touching such; portions 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 kings government in this province." It was thereupon resolved that the said William Franklin be confined in. such place and manner as the honorable the Continental Congress shall direct.

Upon the same day that the symbol of British authority was thus deposed in the person of the royal Governor, the Congress of New Jersey, in pursuance of a special order, went into the consideration of the propriety of forming a State government; agreeably to the recommendation of the Continental Congress

which had been passed on the 15th of May preceding. The vote in favor of the proposition was almost unanimous, only Messrs. Allen, Taylor, and Brown voting in, the negative.

June 27, at eight o’clock A.M., the Congress resolved itself into a committee of the whole, and Mr. Covenhoven being in the chair, took under consideration the draft of a constitution. It was voted that twenty of the members of this Congress be a quorum sufficient to transact any business except such as may respect the formation of the constitution, that required the committee of the whole. On Tuesday, the second day of July, the draft of the constitution was, reported, and after full discussion and sundry amendments was ordered accepted and printed.

In order to prevent the failure of justice pending the organization of government under the constitution, it was resolved that 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 of the said constitution prescribed, in the further prosecution thereof.

Thus by the efficient action and wise management of the Provincial Congress the chasm was entirely bridged over from the king to the people, from a de— pendent colony subject to the royal pleasure to an independent, sovereign State. This had been done in a little over two years from the first meeting of the Congress at Trenton, 23d of May, 1775, and this body had, during the same time, carried the colony through the most critical period of its history furnishing it with all needed guidance and direction to meet every emergency. Scarcely can we find in history a body of men deserving more credit for their practical wisdom, their energy, their firmness in holding on to the great principles of free government amidst circumstances the most discouraging.

Hendrick Fisher, Esq., was the first president of the Congress, and served in that capacity till Oct. 4, 1775, when Samuel Tucker was chosen president, and Hendrick Fisher vice-president. Samuel Tucker remained president until the Congress finally adjourned. Jonathan D. Sergeant, Esq., was the first secretary, with William Paterson and Frederick Frelinghuysen assistants. William Paterson was made secretary Oct. 5, 1775, and was succeeded by John Carey; William Paterson again from February, 1776 to the close of the Congress.

Speaking of the services of this body, Mr. Deshler says,-
     "It is impossible for us duly, to estimate the value of the service of these wise, indefatigable, and courageous men. It is utterly beyond the scope or the power of our vision, accustomed as it is to an atmosphere whose skies are golden with peace and prosperity, to descry the cloud of gloom and apprehension that enveloped our State one hundred years ago. But though we may not see this murky and lowering cloud, we may yet hear a faint echo coming to us over the chasm of these hundred years, coming from the lips of the brave and patriotic men whose deliberations we have been pondering this evening. It was one of their latest utterances, made by them in this our own city, and published to the people of New Jersey in an ordinance organizing the militia. It was an appeal to our people to choose between freedom and servitude. Let us listen reverently to it, and let it sink deep into our hearts, inciting us to hold fast with unyielding grasp the liberties they secured for us. In this interesting situation, they said, as they contemplated the storm of war that was rolling rapidly toward them, and called upon the people to enroll for the common defense, 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, moved with affecting apprehension, 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 inevitable blessings of freedom. The alternative is before you. Can you: hesitate in your choice? Can you doubt which you prefer? Say! Will you be slaves? Will you toll and labor 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 bowers 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 natures 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 everything 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 heaven-born freedom, and transmit it unimpaired to your posterity!"

COL. JOHN NEILSON, a member from New Jersey of the Continental Congress of 1778 was. born at Raritan Landing near New Brunswick, on the 11th of March, 1745. His father, John Neilson, M.D., had recently removed to this country from Belfast, Ireland. with his brother, James Neilson, who settled at New Brunswick as a shipping merchant and ship-owner. His vessels traded with Belfast, Lisbon, Madeira, and the West India Islands.

The south half of the house on Burnet Street below Green Hall, still in the possession of the family, was built by him. He also owned lands on Sonmans Hill, now owned by Mr. Jacob S. Carpenter, and also the mills and water-rights on Lawrence Brook, now the city water-works. James Neilson was also the presiding judge of the Court of Common Pleas of Middlesex County.

Dr. Neilson married Joanna, daughter of Andrew Coeyemans, who came from Holland with his mother, the widow of Andreas Coeyemans, and sett1ed on the Hudson on Coeyemans patent afterwards removing to Raritan, or Raritan Landing, N.J. Dr. Nelson died in 1745, in consequence of an accident, and while a young man.

His only son, the subject of this sketch, was married Dec. 31, 1768 to Catharine Voorheese, daughter of John Voorheese, who owned and lived on lands now the College Farm, including the site on which James Neilson, their son, some sixty years ago, built the house now in the possession of his widow and son. John Neilson settled at New Brunswick. with his uncle as a shipping merchant, and succeeded to his business. In those days New Brunswick was the market and shipping-point for a large section which has since found various outlets by rail and canal.

The commercial importance of the city at this early date appears from a letter of James Alexander to ex-Governor Hunter in 1731, in which he asserts "that a lot of ground there is grown to near as great a price as so much ground in the heart of New York." In a previous letter the same year he says, "Plantations north of the Raritan have risen extravagantly high, even to three, four, and five pounds per acre." He had refused twelve hundred pounds for five hundred acres of improved land south of the Raritan, belonging to Governor Hunter. The small sea-going vessels of that day sailed up the Raritan directly to New Brunswick. As has always been the case, wealth and intelligence followed in the track of commerce New Brunswick rapidly, became a flourishing town, and among its inhabitants were to be found a large proportion of men of note in the State and nation.

At the outbreak of the Revolutionary war with Great Britain, John Neilson, "bitterly resenting," to use his own words, "the attempt of a venal Parliament, bought by an oppressive ministry, to tax his country," threw himself with energy into the struggle, reminding his fellow-citizens "that the only alternative was victory or slavery." He raised a company of militia, was appointed their captain, and was soon called into service to the east end of Long Island, under command of Gen Heard, for the purpose of disarming the Tories there. On Aug. 31, 1775, he was appointed colonel of the battalion of minute-men in the county of Middlesex, and was commissioned by the Provincial Congress of New Jersey. His commission was signed by Hendrick Fisher, president. A draft of an address made by him on assuming command remains among his papers, and reveals a man who had thrown his whole soul into the struggle, with a thorough appreciation of the merits of the contest, and must have awakened a spirit of enthusiasm among his hearers.

Such was the public appreciation of Col. Neilson’s ability and patriotism that he was urged early in 1776 to take a seat in the Continental Congress of that year, which was to consider the grave measure of the declaration of independence. His presence in the State, was, however, considered so necessary that he was led to decline the honor.

A copy of the Declaration was sent him by Congress, as the man whose patriotism and influence would be most likely to secure it a favorable reception in his part of the State. A meeting, which comprised a large portion of the inhabitants of the neighborhood, was held on the public streets of New Brunswick to hear it read, and a violent opposition was feared; but Col. Neilson, fearless of personal danger, read the instrument to the people, and at its conclusion was greeted with loud cheers by so great a majority that the opponents of the measure did not dare to avow themselves.

During the dark and gloomy days of 1776, when Washington’s army was reduced to a mere handful, and his country’s cause was trembling in the balance, Col. Neilson was bending every energy to its service. He devoted himself to recruiting, the most important service, perhaps, of the time infusing his own patriotic spirit into his countrymen, was employed in guarding the State from the incursions of the British, cutting off their supplies, and otherwise harassing them.

Appointed colonel of the Second Regiment Middlesex militia Aug. 1, 1776, in September and October, he served in command of his own regiment and of the Middlesex militia on the lines in Essex and Bergen Counties.

In December he retired with the army under Gen. Washington to the west bank of the Delaware, with Lieut. Col. Taylor and Maj. Van Emburgh, field-officers of his regiment, and Col. Frelinghuysen, and others of the Somerset militia, all of whom joined the army as volunteers.

On the 31st of December, Gen. Washington issued an order directing Col. Neilson, with the militia officers before mentioned, to proceed into New Jersey, and use their exertions to call together and embody the militia of the State.

The efforts of these and a few other brave men at this critical time and the patriotic response of the State militia, made possible the victories of Trenton, Princeton, and Monmouth, which turned the scale from deep despondency, and finally resulted in the establishment of American independence.

On Feb. 18, 1777, with a detachment of his regiment, he surprised and captured every man of an out post of refugees stockaded on Bennett’s Island, or Lawrence’s Neck, now known as the Island Farm, about three miles below New Brunswick on the river, without firing a gun. The colonel and his kinsman, Capt. Farmer, both powerful men, seized the sentinels and bound them before they could give the alarm. In acknowledgment of his services he was appointed brigadier-general of militia, Feb. 21, 1777.

During the winter of 1777 the British troops had gone into winter-quarters at New Brunswick, Lord Howe making his headquarters at Col. Neilson’s house in Burnet Street, which building remains in the possession of his grandchildren An old sycamore-tree, now some four feet in diameter, from which the British flag then floated, still flourishes in front of the door.

In the months of September, October, and November, 1777, the colonel was in service on the lines at Elizabethtown, with the militia of Middlesex and Somerset Counties. In June and July, 1778, he served in Monmouth County, being part of the time under command of Gen. Dickerson, and a part holding a separate command.

On Nov. 6, 1778, he was chosen by the Assembly and Council of the State a delegate to the Continental Congress, together with Witherspoon, Scudder, Frelinghuysen, and Fell, but again his services could not be spared from the State for the length of time required for this service, so that he never took his seat.

In January and February, 1778, he served as a delegate from this State, together with John Cleves Symmes and Moore Furman, to meet delegates from the Middle and Eastern States at New Haven, on the recommendation of Congress, to devise, if possible, some means of arresting the alarming depreciation of the currency.

In the spring and summer of 1779 he commanded the militia on the lines at Elizabethtown and Newark, and on the 20th of September, 1780, he was appointed deputy quartermaster-general for the State of New Jersey. This position threw upon him great responsibility, while the State frequently failed to provide for the support of the army either by taxes or loans. The currency was depreciated, and forage, food, clothing, and transportation was at best hard to be obtained. He continued in this position until the close of the war.

On the 18th of June, 1782, he was appointed, with W. Houston and James Ewing, commissioners to settle the remaining account of depreciation in the money value of their pay with the New Jersey line, thus closing his useful and honorable Revolutionary career.

Col. Neilson enjoyed the confidence and friendship of Washington, Lafayette, Governor Livingston, and indeed of all with whom he was associated who were inspired with the same lofty purpose.

Lafayette in evidence of his appreciation, presented him with a sword, and during his visit to this country in 1824 called on him and evinced the warmest pleasure at seeing him again.

While the British occupied New Brunswick, Mrs. Neilson was at Morristown with the army. Her seat at table was next Gen. and Mrs. Washington.

After the war, Washington never passed through New Brunswick without calling on Col. Neilson.

So well assured were the enemy of the importance of the colonel’s influence and exertions to the American cause that many attempts were made to seize his person. His popularity was the means of preserving him from these attempts, as he always received sufficient notice from some one of his numerous friends to enable him to escape.

At the close of the war he succeeded to the property and business of his uncle, James Neilson, to whom reference has been made and by whom he had been adopted, and. carried on an extensive trade with Lisbon, Madeira, and the West India Islands.

He was still called upon for services to the public, being a delegate from his county to the State Convention called to consider the adoption of the present Constitution of the United States. Of the forty members of that convention he was the last survivor.

In 1790 and 1791 he was appointed by act of the Legislature one of the commissioners to build bridges over the Hackensack, Passaic, and Raritan Rivers. The names of John Bayard, Andrew Kirkpatrick, Dr. Lewis Dunham, Jacob R. Hardenbergh, and others were included in the same service.

In 1800 and 1801 he was a member of the Assembly, where, as usual, he took a prominent part.

Throughout his, life he was an active and devout member of the Presbyterian Church of New Brunswick, also an elder and trustee. He remained clerk of the session for fifty years, which position, together with that of president of the board of trustees, he held to the end of his life. His death, which occurred on the 3d of March, 1833, in his eighty-eighth year, was regarded as a public loss. Business was suspended on the occasion of the funeral, and the long procession of citizens who followed his remains to their last resting-place gave evidence of the affectionate regard with which his memory was cherished.

The Common Council of the city adopted resolutions which but reflected the public appreciation of his high character referring to his services in the field and his virtues as a man, they testified to his daily life as the walk of a consistent and humble Christian, eminently worthy of all commendation. The title of colonel has been used throughout this sketch as that by which he was familiarly known by his family and townsmen. He was entitled to that of brigadier-general.

JAMES NEILSON, son of Col. John Neilson, was born at New Brunswick in December, 1784, just after the close of the Revolution. He inherited from his parents a strong love of his country, his State, and his native town. As a young man he was engaged in the shipping business with his father, and later with his brother, A.S. Neilson. 

During the war of 1812 he raised a company, was elected their captain, and was stationed at Sandy Hook, in expectation of the landing of the British forces. He was afterwards commissioned colonel of the State militia.

He was greatly interested in the public works of the State, and was recognized as the prime mover in the organization of the Delaware and Raritan Canal Company. He was the treasurer of that company from its organization until 1852, and continued a director and member of the executive committee of the joint canal and railroad companies until his death in 1862.  

Mr. Neilson perceived at an early day that the commercial importance of New Brunswick could not continue, and failing to interest others, he, together with Commodore R.F. Stockton, organized the New Brunswick Manufacturing Company about 1845, and built a mill for the manufacture of print cloths, which concern was merged after his death in the Norfolk and New Brunswick Hosiery Company, and which at present contributes to the prosperity of the city by furnishing employment to one thousand people.

Mr. Neilson took the same interest in the Presbyterian Church of New Brunswick as did his father. He became a member, was generous in his gifts, and continued president of the trustees until his death. As a business man he was liberal as well as successful. He recognized that business transactions should be for the advantage of both parties. He was a trustee of Rutgers College and of the Presbyterian Theological Seminary at Princeton.