A renewal of the acts constituting the Council of Safety was also recommended, the period for their continuance being nearly expired. These several particulars received the attention of the legislative bodies. But the recommendation of the Governor in regard to provisions for the State debt, was not fully acceded to. Resolutions were adopted by both houses, directing the Governor to call in the arrearages due from the counties on account of the sinking fund tax, and that the sinking of the bills should be deferred, and the amount be applied to meet the present demands. A bill was also prepared to raise a fund by general taxation for defraying the necessary expenses of the State, but after protracted consideration, it was deferred to the ensuing session of the Assembly. An enactment was passed for continuing the Council of Safety, and in addition to their other duties and powers, they were authorized to give relief to such officers and privates of the militia as had been disabled in the service of the State, and to the widows of such as had fallen; this was to be done in such manner as the Council should deem equitable and necessary, and they were to draw upon the treasury for the amount so expended. A law was also passed to ascertain the punishment for high treason. It prescribed that when any one should be convicted, the sentence awarded, so far as respected the corporeal punishment of the offender, should be the same as in cases of murder; and that all commissions and writs which by the constitution were required to run in the name of the colony, should run in the name of the State.16 An act was passed explaining and amending the militia law," and provision was made for bringing the forces of the State into effective service. The houses then rose and the session was closed.

Thus terminated the action of the first Legislature of the State. It had existed during a period of the greatest difficulty and danger; for a great portion of the time the State was overrun by a hostile

represented by the Governor as 'so shocking and sanguinary, as the humanity of an American legislature cannot be presumed to have intended.”

Is Paterson's Laws, p. 38. By this act the provisions of the constitution were again unavoidably contravened.

The general features of the law do not appear to have been changed.

force; the government was new and untried; and many of the citizens, and some of the public functionaries, proved fearful or unfaithful, and made their peace with the enemy. With a few exceptions, the members of the legislative bodies stood firm; they continued, notwithstanding frequent interruptions, in the discharge of their duties, and by their steadiness, together with the energy and determination of the Governor, order was preserved in the State, and its means and strength were directed in maintaining the cause of the country.

CHAPTER XXII.

SECOND LEGISLATURE.-ARTICLES OF CONFEDERATION-FINANCIAL MEASURES.

THE new Legislature which was chosen on the 14th of October, met according to law, on the 28th of the same month, 1777. The houses were organized by the appointment of the former officers, John Stevens being chosen Vice President of Council, and John Hart, Speaker of the Assembly. On the 1st of November, William Livingston was unanimously re-elected, in joint meeting, to the office of Governor. Events of an important but varied character were now taking place. The critical situation of Gen. Burgoyne, has already been noticed. This officer had found it impossible to extricate himself from the situation in which he was placed, and on the 18th of October, his entire army was surrendered. Soon afterwards, the garrison at Ticonderoga returned to Canada, and not a foe remained in the northern portion of the union. But occurrences less favorable were passing in another direction. Whilst the movements in the north were in progress, Admiral and Lord Howe had entered upon an attempt against Philadelphia, the capture of which place, together with the expected success of Burgoyne's expedition, would, as was supposed, ensure the subjection of the country. The Commanders approached their object by a circuitous course; the forces leaving New York were conducted by sea, advancing up the Chesapeake and landing at the head of the

1

On the 20th, the joint meeting elected five delegates to the Continental Congress, viz: John Witherspoon, Abraham Clark, Jonathan Elmer, Nathaniel Scudder, and Elias Boudinot. It was said that the representation was made to consist of five, in order to give some relief to the members in their attendance, and that the State might not be put to unnecessary expense but three were to attend at the same time.

River Elk. Their progress was resisted by Washington, at Brandywine, but without effect, and on the 26th of September, a detachment of the British army, under Cornwallis, entered the American Capital. Congress retired to Lancaster, whilst Washington continued to hover in the vicinity of the enemy. In the Capital, as on the banks of the Hudson, the British found themselves straitened for want of supplies; hence their necessities, as well as their enmities, led them to frequent incursions into the neighboring country, and New Jersey being most exposed, was thus rendered, once more, the theatre of hostile movements. Such was the state of affairs at the time of the meeting of the legislative bodies. Beside the presence of an enemy in the country, an evil of a different kind began to appear, and to be felt. The "sinews of war" began to be weakened. The money issued by the Continental Congress had hitherto served to enable the General, and the State authorities to carry on their operations; but the process of depreciation had now commenced, and quickly became a source of most serious difficulty. The bills had already declined in value nearly one

The undertaking against Philadelphia would probably have been made through New Jersey, but the strong position of Washington, and the general movement of the militia of the State in his support, prevented the attempt.

a Washington being established in, Pennsylvania, near Philadelphia, intercepted supplies from that direction, and Congress also declared the penalty of death against any who should furnish provisions to the enemy. They were thus obliged to depend upon a communication with their fleet by the Delaware, and the efforts of strong detachments in directions that were least protected. New Jersey, praticularly its lower portion, as being in the vicinity of Philadel phia, as the seat of some of the works obstructing the Delaware, and as being destitute of a commanding force for its defence, was particularly exposed to attack, and suffered accordingly. On the 22d of October, a body of Hessians under Count Donop, marched down the Jersey shore and advanced against Fort Mercer, situated at Red Bank, on the Delaware. But the attempt entirely failed, and the Commander was mortally wounded. During the succeding months, several detachments were sent into the lower counties, where the greatest injuries and outrages were committed; the fidelity of the people and of the militia was tested by offers of pardon and protection, as well as by proposals of full payment for cattle and forage, and by threats of vengeance against those who should resist, or incite to resistance. The temptations, however, except in a few instances, were offered in vain, and the attempts at punishment were met by vigorous opposition.

half. At an early period, Governor Livingston directed the attention of the legislative bodies to this subject. He stated that the Continental money had fallen in value below the bills of the State, and of the neighboring States, and that the former were frequently exchanged at a loss for the latter. He was inclined to attribute this depreciation to the evil offices of the enemies of the country, and characterized the exchange above mentioned as an "infamous traffic." He recommended for the purpose of checking it, that the State bills should be called in and exchanged for Continental money, and that the passage of the former should be entirely prohibited after a specified time, or if this expedient should not be approved, that a heavy fine should be imposed upon those who should be concerned in such exchanges. A similar recommendation was soon afterwards made by Congress. But no penal regulations could long suffice to maintain the circulation of money that had been issued without any such provision as would ensure its redemption. Congress had no means of sinking the amount; they had made engagements by the issue of bills, relying upon the States to redeem the amount apportioned to them respectively; but as yet, little evidence had been given that the States would be ready, or able to meet the obligation. At the same time that the resources of the country were becoming doubtful, its necessities were increasing. The army was in the most destitute condition. Governor Livingston represented to the legislature that the Jersey troops in the Continental service were in want of clothing of every kind, and that unless some steps should directly be taken to supply them, they would be unable to keep the field. That the Clothier General found it impossible to procure supplies, and it was incumbent upon the different States to contribute to their aid.

The situation of the troops at this time, and during the subsequent winter, whilst they lay at Valley Forge, was truly deplorable. By their resolute endurance they were enabled to keep up the appearance of threatening the enemy, who fortunately were ignorant of their real condition, but large numbers were totally unfitted for active service. The Legislature of New Jersey made as early and as full provision as was possible for the relief of their troops. A law was passed for procuring articles of clothing and furnishing them to the regiments. Such supplies were afterwards continued according to the urgent recommendations of Congress, and a special arrangement was made for the purpose.