Charles Read succeeded Morris as ChiefJustice. His appointment did not receive universal approbation. Some members of the bar openly denounced it. He acted as Chief-Justice only a few months, and gave way to Frederick Smyth, who was the last Chief-Justice of the colony of New Jersey before the Revolution. Read, after retiring from his position at the head of the court, again became second judge, which place he had previously held. Mr. Smyth was appointed in 1764, and continued in office until 1776. It was during his time that the trouble between the colonies and the mother country was first manifested. At the outset of his term of office the Stamp Act was passed, and it was charged that he had been a can didate for the position of stamp distributor. A meeting of the bar was called for the nineteenth day of September, 1765. The use of the stamps was the subject dis cussed at this meeting, which was, in fact, called for that express purpose. It was unanimously resolved by those present that they would use no stamps for any purpose. Of course this action if persisted in would put an end to all legal business, and also prevent any return being made to the home government from the sale of stamps. The lawyers persisted in their determina tion, and resolutely refused to purchase any stamps. The Chief-Justice requested the members of the bar to meet him on the day succeeding this meeting. He denied in the most emphatic terms that he had accepted the post of tax-distributor, and then propounded several questions to the lawyers; among them this, — whether they would agree to purchase stamps if they should arrive at a certain time. A nega tive reply was promptly given. He also asked for their opinion as to the payment of duties, and whether he was under any obligation to distribute the stamps. To this there was only one answer, — that the duties could not be paid, and that he was not obliged to aid in the delivery of the
stamps. The Chief-Justice acted on this advice, and the result was that the court was closed. In 1772 the British schooner " Gaspee" was burned by Rhode Island Whigs. ChiefJustice Smyth was appointed, in connection with the Governor of Rhode Island and with the Chief-Justices of New York and of Mas sachusetts and the Judge of Admiralty, a committee, to examine into the affair. The examination was fruitless of any result; but the appointment of this commission gave authority to the first Continental Congress to issue an address to the people, in which it was charged that " a court had been established at Rhode Island for the purpose of taking colonists to England to be tried." The lines began now to be sharply drawn between the friends of the independence of the colonies and the supporters of the mother country. Chief-Justice Smyth was a decided loyalist, and never refrained from fairly and openly defining his position. But he was honest in his opposition to what he deemed treasonable attempts against the regularly constituted authorities. His charge to a grand jury in Essex County afforded an opportunity to the members of that body to make some very decided and sharp replies to his strictures. It is not perhaps generally known that in New Jersey there was a small tea-party fash ioned somewhat after the larger and more celebrated one at Boston. The captain of a vessel loaded with tea, bound for Philadel phia, did not dare land his cargo at that city. So he sailed up the Cohansey River as far as Greenwich, and there unloaded. No fear of any disturbance at this quiet hamlet was anticipated, but a number of men as sembled, went to the cellar where the chests of tea were stored, quietly took them out to an adjoining meadow, and burned them. Some of the trespassers were known, and were among the most respectable citizens of Cumberland County. One of them was the father of the Hon. L. Q C Elmer, who af terward became an associate justice of the
