Sold – The Spirit of 1776: First Draft of One of the Foundation Documents of the State of New Jersey

On June 21, 1776, the Provincial Congress of New Jersey determined to form a new government to replace the one that had operated under royal authority, and the day after it appointed a delegation to the Continental Congress in Philadelphia with full powers to vote for independence. On July 5, 1776, the day after its adoption, John Hancock forwarded to the waiting New Jersey Congress a copy of the Declaration of Independence. On July 18, that body adopted the Declaration, stating momentously that the members would “support the freedom and independence of the said States with our lives and fortunes, and the whole force of New Jersey.” This ended New Jersey’s days as a province. That day is also the official date of New Jersey’s statehood within the United States, as the members adopted a resolution to “assume the style and title of the Convention of the State of New Jersey.” 

The new state constitution vested governing authority in a Governor, Council (now known as the State Senate), and a General Assembly (now known as the State House of Representatives). The first legislature convened on August 30, 1776, and the next day the legislators elected William Livingston the first Governor. On September 13, Livingston addressed both houses of the state legislature and denounced British despotism, oppression and corruption, and said that the conduct of the war was the most pressing business, and urged the raising of more troops. Livingston ended with words of inspiration, asserting that having been applauded for “demolishing the old fabric…Let us unitedly strive to approve ourselves Master-builders by giving beauty, strength and stability to the new.” Creating a new government was a challenge for the new legislature, as it involved converting the exising structure from royal to independent, and investing in its officials, from the Governor on down to the notary, the authority to effectively continue performing their jobs and be accepted by the people as having governing authority.

John Stevens was a royal councillor who represented New Jersey as a commissioner for defining the boundary-line with New York in November 1774. Resigning his royal post in June 1776, he was from August 27, 1776 until 1782 vice-president of the Council of New Jersey, and as such presided over the joint meetings of the two branches of the legislature. He was elected to the Federal Congress in November 1783, and in December 1787 presided over the state convention that ratified the United States Constitution. 

Stevens was given the task of creating a portion of the legislation needed to ensure stability by vesting in state officers the authority to govern. This is his initial draft of the law that gave authority to Council members to continue to act as officials in their localities, so that laws could be enforced and land and business transactions could continue undisturbed. The bill is entitled “An Act to obviate doubts with respect to the Authority of Councellors in New Jersey.”

“… Be it enacted by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the Councell members of the State of New Jersey and each of them shall be and they are hereby declared to be fully vested, ex officio, with all the powers and authority of conservators of the peace throughout the State and likewise with the full power and authority to take acknowledgements of deeds and other writings & generally with all the powers, privileges, authorities and immunities which any Councellor possessed or could of right claim under the former Establishment.” 

The “former Establishment” was Great Britain, which no longer had authority in its American colonies. With this Act, a key segment of its former authority was confirmed in the new government, making it one of the foundation documents of the state of New Jersey.