USA > New Jersey > A civil and political history of New Jersey: embracing a compendious history of the state, from its early discover and settlement by Europeans, brought down to the present time > Part 27
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pendence upon her Majesty, and relying upon her protection, their best endeavours should not be wanting to accomplish those things that would give her content, and be to her honor.
The change of government that had occurred might have seemed to be the cause of satisfaction in view of the disorders that had formerly prevailed in the province, but the cost of the restoration of order was yet to be determined. If quiet was to be secured by the exercise of arbitrary power, there would be but slight occasion for rejoicing on account of the change. That such, to a great ex- tent, was likely to be the case, under the administration of Corn- bury, was not long in appearing.
The recommendations of the Governor were acceded to by the House by the preparation of bills upon the subjects he had men- tioned, and they were directly presented to him for approval; but only one received his assent.8 The others were not so framed as to correspond with his views. On the 13th of December, the House was prorogued; his Excellency expressed his regret that the bills prepared could not have been despatched, but that the matters contained in them were "of so great moment, the difficulties so many, and the time so short that it was impossible to finish." The authority which the Governor was disposed to exert in directing and controlling the legislative body, was thus exhibited at the beginning of his course.
The next sitting of the Assembly was held at Burlington, be- ginning on the 7th of September, 1704. The Governor again presented to the body the particulars formerly brought to their notice, urging especially the enactment of laws for determining the rights of the general proprietors, and for raising a fund for the support of the government. Some occurrences had also taken place which afforded an occasion to represent, that a necessity existed for raising a military force. All these were matters with which the Governor had been charged in his instructions, and his bringing them before the Assembly was no more than an act of official duty. But they were also matters of difficulty. From the very beginning of the province the proprietary rights and
' This was an act prohibiting the purchase of land from the Indians by any except the proprietaries.
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claims had been a subject of dissension, and in East Jersey these claims had been a principal cause of disturbance and of the oppo- sition of the people to the proprietary government. Yet now it was proposed that they should be confirmed by the new authori- ties. The claims were just, and it may be that the members of the Assembly themselves were not averse to such a confirmation, but whether so or not, they could not but feel a degree of embar- rassment on account of the state of popular opinion and feeling. The support of government was a subject of scarcely less diffi- culty. The weight of government in a pecuniary sense, had hither- to been light; the burden of heavy salaries was unknown, and such an amount as would be answerable to the Governor's views, might prove to be productive of much discontent. In re- gard to the provision for a military force, a degree of caution was also required. A strong feeling averse to all such measures ex- isted in a portion of the province, and this feeling would not be likely to yield, except to a very limited extent, to the reasons for the present demand.9 Hence the action of the Assembly upon the business before them was somewhat hesitating and tardy. They finally resolved upon raising the sum of thirteen hundred pounds per annum for the support of government, to continue for the term of three years. But the Governor expected and re- quired a far larger sum, and manifested his dissatisfaction in a man- ner extremely imprudent and hasty.10 He abruptly dissolved the Assembly, and issued a direction for the choice of a new House, to meet on the 13th of November following. By these steps he not only precluded action upon the other matters before the As- sembly, but excited feelings little favorable to future harmony be- tween the different branches of government." Ilis subsequent
9 A French privateer had appeared on the coast and had committed some depredations. The Governor required that a watch house should be erected, and a general militia law be passed. Smith's New Jersey, p. 252.
1º Gordon states that the Governor required the sum of two thousand pounds per annum for twenty years.
" It will subsequently appear that beside the displeasure of the Governor on the account here mentioned, an additional reason was supposed to exist for his hasty dismissal of the House. It was suspected, or was alleged, that he was not really desirous himself, that the House should proceed in the matter relat- ing to the proprietary rights.
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proceedings were not more wise. With a view to procure a House more liberal or compliant in temper, the election was "in- dustriously managed.". But the "management" not being suc- cessful in securing a majority of members supposed to be favorable to the Governor's views, another expedient was resorted to. By the advise of his Council, a resolution was taken that some of the members lately elected should not be admitted to their seats, upon `-the pretence that they were not possessed of the amount of pro- perty required in the constitution of government. Accordingly, when the members presented themselves, the oaths were refused to three individuals, Thomas Gardiner, Thomas Lambert and Joshua Wright, members elect from the western portion of the province. They were therefore prevented from taking their seats.12 It is somewhat difficult to bring the mind to the belief that so un- worthy a course of procedure, could be devised, and carried on to completion. But the fact of the rejection of the members is quite indisputable, and that it was done to secure a subservient House, is the judgment that history has given. The immediate object proposed was attained. By the rejection of the three individuals, a majority was secured prepared to second the demands of the . Governor, as well as to gratify his weak ambition. He was com- plimented by the House, whose privileges he had outraged, for his mode of conducting the government; it .was carried on, as they said, "with great diligence and exquisite management to the ad- miration of his friends, and the envy of his enemies." The measures of such an Assembly might be expected to be compliant. The sum of two thousand pounds per annum was granted for two years, for the support of government. An act establishing a militia was agreed to, with provisions so rigid, as afterwards gave rise to well founded objection and opposition; an act of amnesty for
12 Members when elected were not allowed to take their seats until the oaths had been administered. In this particular the Governor was warranted in his acts by his instructions, so also he was in regard to the property qualifications of the members. But the cases in question were prejudged. The Governor acted without any examination, upon the mere information or advice of his Council, or some of them. Still more, there was nothing in the Governor's instructions giving to him the power to make an examination and decision in such cases.
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all offences committed during the disturbances that had formerly occurred in the province, was also passed. Some other enact- ments were made which, without a knowledge of the particular circumstances and movements of the time, would seem little consistent with the general course of the Assembly, or with the views of the Governor. A bill was prepared and passed, re- moving the restrictions in regard to the qualifications of electors and the elected, so far as to admit all freeholders, and also declaring that the Representatives met in General Assembly, were, and should be the judges of the qualifications of their own members. This enactment was probably partly designed as a means of reducing the proprietary interest and influence, as well as to define the rights of the Representatives.13 In ac- cordance with their declaration, the House proceeded, after some delay, to an inquiry in reference to the cases of the excluded members, and decided that they were properly qualified, and made a request to the Governor that they might be sworn, a request however, which was not complied with until the next meeting of the Assembly, when there was nothing to be gained by a longer exclusion. The course of the Governor in the several proceedings just noticed, excited much dissatisfaction. The feeling of discontent that arose was not confined to the parties immediately concerned; it extended in a short time to the pro- prietary bodies, by whose instrumentality in part, the government had been introduced and established. Their own advantage and credit, as well as a degree of sensibility to the interests of the colo- nists, made them observant of the course of affairs ; and the pro- prietors of the western division addressed a memorial respecting the transactions that have been mentioned, to the Lords Commis- sioners of trade and plantations. They acknowledged that the government had been instituted in accordance with the proposals
13 An analysis of the proceedings of the time would lead to the conclusion, that there was a balancing of interests between the Assembly and the Governor. 'The latter had been anxious to obtain a House that would give an increase of revenue, and in this he was successful. But it would seem that the prevailing interests in the House was opposed to the ancient proprietary claims, which the Governor had been instructed to protect, but he yielded in one particular, in order to secure a gain in another. Smith's New Jersey, p. 333.
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previously made, but they stated, that the administration thereot had differed much from their expectations. That they had relied upon the grant of a free Assembly, as the chief security of their estates in the province, but that this part of the constitution had been virtually destroyed. That the first Assembly had been dis- solved because they declined to grant the amount required by the Governor, and that many artifices had been used to procure another more to his humour, and in particular, that three of the members returned, had been objected to, and prevented from enter- ing the House, upon groundless pretences. This, the memorialists conceived was an invasion of the rights of the Assembly, and if tolerated, would place the whole government in the hands of the Governor. That by this procedure a majority was given in the House who gratified the Governor in granting a revenue, but had made an enactment placing the right of choosing and being chosen to the Assembly in all freeholders, which act the Governor had no authority or color front his instructions, to pass. Such an act they regarded as injurious to them, as it would lead to the election of Representatives who were unfavorable to their rights and in- terests. That contrary to the instructions given him, the Gover- nor had also assented to an act for taxing unprofitable lands, on account of which many persons who had agreed to purchase had renounced their contract, and that the Governor had also assumed the power of granting fees for patenting lands. These acts they said, were so contrary to the terms of the surrender, and to the assurances given at the time, and to the terms of the Governor's instructions, that they thought it not improper to protest, and they did protest, against the proceedings of the last Assembly, the country not being duly represented therein, and they asked the interposition of her Majesty, that the acts passed by the Assembly should not be confirmed.
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At the meetings of the Assembly in 1705 and 1706 nothing of importance was transacted.
During this period the Council of Proprietors of the western division of the province (whose constitution has heretofore been noticed) continued to hold their meetings, and to transact business in the same manner as before the surrender of government. Governor Cornbury conceived that the action of this body inter-
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fered with his authority or interests. Hence, upon their meeting in 1706, various inquiries were directed to them concerning their proceedings, which not being answered in a manner to satisfy his Excellency, he summoned them to meet him at a time prescribed. At this meeting he demanded an explanation of their powers, and objects. In answer to his demand they prepared a statement, set- ting forth the constitution and establishment of the body; that they were entrusted with the management of all affairs relating to the landed interests of the proprietors ; that they purchased land from the natives, ordered surveys, granted warrants, and inspected the rights of the several claimants. The Governor was not yet satis- fied, and prohibited the Council from a further exercise of their powers in granting lands.
At the expiration of the time for which the revenue for the sup- port of government had been granted, it became necessary that an Assembly should be called ; an election was accordingly ordered, and the Representatives were directed to convene on the 7th of April, 1707.
The occurrences which had now taken place were sufficient to give a clear manifestation of the state of affairs in the province. It was easy to perceive the nature of the "protection" which was to be experienced under the new government, it was sufficiently apparent that the liberty which had formerly been enjoyed by the people, and which by some had been abused, was now to be greatly restricted. But the temper of the colonists did not dispose them to casy acquiescence, and among the members in the new Assembly were individuals who were true Representatives of the people, not only in a political capacity, but also in regard to their feelings and their character. They were perfectly acquainted with the interests of their constituents, and strong, both in ability and in resolution, to maintain them. Among these persons, Samuel Jenings, from the western division, and Lewis Morris from the eastern, were the most influential and conspicuous.14 Jenings was chosen Speaker of the House. Shortly after the reception of the Governor's address, the House resolved itself into
" Jenings and Morris had been members of the Council, but had been sus- pended by the Governor on account of their opposition to his measures.
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a general committee for the consideration of grievances. They continued their sittings from day to day, and finally agreed upon a petition to the Queen, and a remonstrance to the Governor. In the latter they expressed dissatisfaction on account of his Excel- lency's continued absence from the province, by which a full and timely acquaintance with many important affairs was prevented. They also complained of several delinquencies in the administra- tion of justice ; that notorious offenders had been suffered to go at large, and the sentences against them to remain unexecuted, and that the ends of justice and law had thus been frustrated. They set forth that fees had been demanded of persons before any bills had been found against them, and who were therefore to be reck- oned innocent of any offence, and represented that if fees could be exacted from such persons, no one could be secure against the designs of malicious and vindictive men. They also stated that the establishment of fees by any other power than the Governor, Council and Assembly, was considered a great grievance, repug- nant to the rights that all English subjects were entitled to, and contrary to the Queen's instructions, which instructions forbade that any man's life, member, freehold or property should be taken otherwise than by established and known laws, and they asked that the assent of the Governor might be given to an act for de- termining fees.15 But they represented, that there were other grievances of an higher nature, and attended with worse conse- quences, and that it would not be just to the Governor, themselves, or the country, to conceal them. They stated that they expected when the government was surrendered to the Queen, that they - should experience "the benign influences of her mild government," and that they should be protected in the full enjoyment of their liberties and properties, but that it was their misfortune to find that the event had not answered to their expectations. They alleged that the prohibition of the Governor preventing the Coun- cil of Proprietors from issuing warrants for taking up lands, was an infringement of their rights. That when the proprietors sur-
" The Governor and Council were authorized by the instructions to regulate fees, but the Assembly insisted that the Governor could only regulate fees already established, so as to see that no exaction was practised.
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rendered the government, they did not part with the soil, or the right to manage their interests therein, as they should think fit, and that if any persons were aggrieved by the proceedings, the laws would give them redress. But a still greater encroachment upon their liberties, they said, was the refusal of the Governor to swear, or attest three members of the late Assembly, upon the groundless suggestion of two members of the Council, by which means the members were prevented from taking their scats in the House. 16 This measure, they said, was a violation of the rights of the people, being a virtual denial of their freedom in the choice of Representatives, and was also a breach of the privileges of the Assembly, that body being the proper authority to determine in such cases. The remonstrants declared that they were "sen- sibly touched" with this procedure, well knowing the conse- quences that must arise from a Governor's refusing to swear such members of the Assembly as he might think fit. They also stated that it was well known that sums of money had been raised to procure the dissolution of the first Assembly for the purpose of precluding enactments to secure the quit-rents, which sums, it was said, there was great reason to believe, had been given to the Governor to induce, and which did induce him to dissolve the Assembly, and to procure the rejection of some of the members of the next. Great uneasiness was expressed on account of measures so injurious to the liberties and properties of the people. "Liberty" said the remonstrants, "is too valuable a thing to be easily parted with, and when such mean inducements procure such endeavours to tear it from us, we must say, that they have neither heads, hearts, or souls, that are not moved by the miseries of their country, and are not forward with their utmost power lawfully to redress them." They reminded the Governor in conclusion, that no artifice was necessary to engage the affections of a people, that it was only necessary to leave them in the unmolested enjoyment of what belongs to them of a right ; and a wise man that despises not · his own happiness, will earnestly labour to regain their love.
This free and spirited remonstrance which was read to the Governor by the Speaker Jenings, was rendered still more im-
18 The two members of Council were Thomas Revel and Daniel Leeds.
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pressive by the manner of delivery. The Governor manifested much irritation, and at different points interrupted the Speaker with much abruptness, but the calm Jenings only repeated the passages with a greater degree of emphasis.
The Representatives were directed to attend the Governor at a future day, to receive his reply. His answer which was made at the appointed time, was wanting in dignity, as well as in force; it abounded in ungracious reflections upon the Assembly, and still more severe and entirely gratuitous reflections upon the Quakers. But, a full and circumstantial notice was taken of the several par- ticulars presented in the remonstrance. The Governor stated in answer to the complaint concerning his absence, that he had always been in the province twice in every year, and that the Lieutenant Governor resided constantly there.17 That the power of pardoning and reprieving criminals after condemnation, had been entrusted to him by her Majesty, and that he was account- able to none but her, for its exercise, and that in the settlement of the fees of officers, he was also authorized by the instructions that had been given him. In relation to the prohibition upon the action of the proprietors, he said, that according to the directions of her Majesty, he was to admit all such agents as the general proprietors should appoint, such agents qualifying themselves by taking the oaths prescribed by law, but not otherwise ; and that no persons under the name of Council of Proprietors had ever ten- dered themselves to take the oaths, and consequently they were not qualified to act as agents, and besides, that those individuals who call themselves a Council of Proprietors, were pretending to act by a power derived from persons who have no authority to grant; and therefore he was obliged to interfere in order to hinder an illegal course of action. In reference to the rejection of the members of the Assembly, the Governor stated, that according to the constitution of government, a certain property qualification was required of every member, and that he was informed by some of his Council that the persons in question were not thus qualified, and that he did no more than his duty in rejecting them; but he further stated that he had afterwards recommended to the Assem-
" Colonel Ingoldsby was Lieutenant Governor under Cornbury.
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bly to inquire into the case, and that they had, after some delay, reported in favor of the members, but had not furnished him at the time, with the evidence upon which their conclusion had been founded, but this being afterwards done, at his order, he had ad- mitted the members to their seats. The principal question as to the right of the Governor to determine and act in the case, was passed over without notice. To the graver charge of corruption, the Governor gave at the outset, a direct denial ; whether any con- siderable sums of money had been raised, or not, which he did pretend to determine, he declared, that no such sums had come · into his hands, or had ever been offered him; that he had dis- solved the first Assembly because it was evident that they never intended to do any thing for the support of the Queen's govern- ment, or for the good of the country, and that as to getting rid of the quit-rents, the very mention of such an attempt on his part, was such an absurdity "that no one but Jenings or Morris would have been guilty of," it being a thing well known that at the be- ginning of each session he had recommended that laws should be passed for settling the rights of the proprietors.'s In return, the Governor accused the Assembly of several unlawful and oppres- sive acts, and reproached them with neglecting the proper busi- ness of the province in order to engage "in hawking after im- aginary grievances." The Assembly did not immediately enter upon a notice of the Governor's reply; their attention was directed to an examination concerning the manner in which the revenues of the province had been kept and expended, and great deficiencies, if not actual abuses, were detected.
The searching and critical spirit that was exhibited, gave no promise of future forbearance and quiet, and the Governor re- solved upon a dismissal of the House, which was accordingly adjourned to the ensuing September. 19 But directly upon the meeting of the House, the consideration of the matters formerly
15 It is certainly true that the Governor had made such recommendations, but it is yet positively asserted, that there was a kind of collusion between him and the opponents of the proprietary claims, and that his influence was used in opposition to his own recommendations and professions.
" By the intervention of the Governor the meeting was further deferred to October.
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before them was resumed, and a reply. to the Governor's address was resolved upon. The Assembly also determined that no money' should be granted until redress was given for the grievances of which they complained, in which case they were willing to grant a sufficient amount. The reply of the Assembly was marked by much ability and by some severity. They declared that they should not answer the trust that had been reposed in them without an endeavour to remove the hardships under which they laboured. That they had no occasion to search for "imaginary grievances," as real ones abounded. These grievances they again set forth and in a manner more ample and full than before, and they reminded his Excellency, that it was the General Assembly of the province that complained, and not the Quakers, with whom (as such) they had nothing to do, but who would probably be able to vindicate themselves from the aspersions that were thrown upon their persons and profession. They repeated, that their expectations of full protection to their liberties under the government of the Queen, had not been answered, and that the reasons offered by the Governor to justify his conduct and course were insufficient, or unfounded. That they could not but consider his absence from the province for the greater part of the year, as a disadvantage, especially as the seal of the province was kept by him, and as the Lieutenant Governor, either under orders, or from his own disinclination to serve, entirely refused official employments. That the Gover- nor had no authority to pardon wilful murderers (as the persons before referred to were) though he might reprieve them, but a reprieve could not be construed as warranting a liberation, or such a degree of liberty as would favor an escape. That the Governor's course in reference to the Council of Proprietors was a misuse of his powers. That his instructions indeed required, that the persons or agents employed by the proprietors for sur- veying and recording grants of lands and collecting quit-rents, should take the oaths prescribed, but that the Council of Proprie- tors were not such agents as the instructions related to; the Council stood in the character of attornies or representatives of private men, for the management of their properties, and were in no wise effected by the regulations in question; if these regula-
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