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 28
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tions applied to the Council, no person could appoint an attorney but with the -Governor's consent and approbation. The only persons affected by the terms of the instructions in relation to taking the oaths, were those who had been specially appointed for surveying, and recording the surveys of land, and receiving the quit-rents ; but these persons had never been required to take the oaths, and the Surveyor for the western division, who had several times tendered himself for the purpose, had been refused. The aim of the Queen's instructions, they said, had either been entirely mistaken, or wilfully perverted.
· In relation to the case of the rejected members of the Assembly, the House again asserted, that there was not the slightest color of authority for the course of the Governor in pretending to judge of the qualifications of members, so as to admit or reject them at his discretion ; and that such authority would be wholly inconsistent with the nature and being of free assemblies, and would place the liberties, lives, and properties of the people entirely at the Gover- nor's disposal, which it was believed could never have been her Majesty's design or desire. The former charge as to the recep- tion of monies by the Governor, was again advanced, and was repeated in a manner more positive and precise, and the particu- lars recited were said to be "such notorious truths that it is vanity to deny them."
The Governor evaded the reception of the reply of the Assembly, and it was therefore entered upon their journal, and two days afterwards the House was adjourned by the Governor's order.
The discussion between these parties involved an important issue. The liberties of a province were concerned. If the Go- vernor could admit or reject the members of the Assembly, ac- cording to his own discretion or will; or if his mere opinion that an Assembly did not intend to "do any thing for the good of the country" was to be considered a sufficient reason for dissolving them, the institution of a representative body would be little more than a mockery.
The supporters of the Governor endeavoured to defend and sus- tain him in the course he had taken. For this purpose a repre- sentation to the Queen was prepared in the name of the Lieutenant Governor and some of the Council, and was privately transmitted
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to her Majesty. They set forth that they had seriously consid- ered the proceedings of the late Assembly of the province, and felt bound to express their dislike and abhorrence of the same: that they were high encroachments upon her Majesty's preroga- tive, notorious violations of the rights and liberties of the subject, a manifest interruption of justice, and also were most "unmannerly" toward his Excellency, the Governor. These proceedings, they said, were owing to the factious principles and conduct of Jenings and Morris, who, they said, "were known to be uneasy under all governments, inconsistent with themselves, and to whom all the confusion and factions in the government of New Jersey and Pennsylvania for many years, were wholly owing;" they were desirous, it was said, as there was every reason to believe, to en- courage not only the government of New Jersey, but every other government in America, to throw off her Majesty's prerogative royal. As a remedy for tliese evils, they requested that her Majesty would be pleased to discountenance "those wicked de- signing men," and show some dislike to the Assembly's proceed- ings, who it was declared were resolved, neither to support her Majesty's government, or take care to defend it by settling a militia, and that a strenuous assertion of her Majesty's prerogative and vindication of the Governor's honor, were absolutely required. In this address the particulars which had been urged against the course of the Governor were only noticed by a general declaration, that the statements of the Assembly were either partial, or false.
On the 5th of May, 1708, the General Assembly again con- vened. The former Speaker, Jenings, being detained by illness, Thomas Gordon was chosen in his place. In the address of the Governor, his Excellency repeated most of the demands he had formerly made. He required that a bill should be enacted for raising a revenue, and stated that the Queen expected the sum of fifteen hundred pounds to continue for the term of twenty-one years. He recommended that the militia bill should be revived or renewed, as the present one would shortly expire, and also that laws should be passed for confirming the rights and property of the general proprietors, as well as to settle the titles and estates of particular persons.
In their reply, the Assembly declared that they had always
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been ready and desirous to support the government to the utmost of their ability, and that they regretted the misunderstanding that had occurred between the Governor and themselves. But they stated, that they had formerly mentioned to his Excellency a num- ber of grievances which the country laboured under, and which has not yet been removed, and they mentioned as an additional ground of complaint, that a late application for a writ for the elec- tion of a new member, had been refused. They intimated that a redress of these grievances would remove an obstruction to the full co-operation of the House in measures for the support of the government, but that they doubted not if her Majesty were rightly informed of the situation of the country, that she would never ex- pect the settlement of a revenue further than from year to year. They stated that the present militia bill was considered so oppres- sive to the people that they could not consent to revive it, though they were willing to make provision for defence of the province in a way more easy to the people. They were willing, they said, to answer her Majesty's commands in confirming the rights of the proprietors, and also the titles and estates of particular persons."=0
The Governor finding the disposition of the Assembly to be unchanged, and that nothing could be gained but by concessions. which he was little inclined to make, immediately prorouged the House until the following September, and before the time for their meeting arrived, gave orders that the House should be dissolved.
But the administration of Governor Cornbury was drawing to its close. He had exhibited none of those qualities which were be- fitting his high descent, or his elevated place. His desire for revenue was the motive most strongly manifested in his adminis- tration of government in New Jersey. Ample and permanent support of the government, was the object principally sought, and this may be considered as a kind of clue to his entire career. To accomplish his purposes in this respect, he was led to the pur- suance of measures not warranted by his instructions, and which were subversive of the rights of the people. To procure an Assem-> bly more favorable to his wishes, he interfered with 'elections, and ventured upon the bold expedient of rejecting the members re-
"Smith's New Jersey, Gordon's New Jersey.
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turned. The reception of fees for patenting lands was probably one of his objects in interfering with the action of the Proprietary Council. Whether the charges of actual corruption in office are admitted or not, his avidity for gain is sufficiently obvious. His fondness for show and expensive pleasure, subjected him to wants which the colonists had neither the ability, or the inclination to supply. He was also but illy informed in the duties of his place. He had entered upon office with but low desires; it was not to perform an exalted duty, but to secure the means of indulgence. He was therefore careless in inquiry, and deficient in knowledge, and may sometimes have committed a wrong as well from his ignorance of what lay in his path, as from the unworthiness of his aim .. In the direction of government in New York, the con- duct of Cornbury was no more acceptable or advantageous than in New Jersey; indeed, in the former province his character and conduct appeared in a still worse light than in the latter; in addi- tion to ignorance and rapacity, he there exhibited arrogance and bigotry. Reiterated complaints were finally addressed to . the Queen, both from New Jersey and New York, and her Majesty, convinced at length of the Governor's unfitness for so important a trust, recalled his commission and divested him entirely of power.
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CHAPTER XVI.
ADMINISTRATION OF GOVERNMENT BY LOVELACE, INGOLDSBY, HUNTER, BURNET, MONTGOMERIE AND COSBY.
THE successor of Cornbury in the government of New York and New Jersey was John Lord Lovelace, Baron of Hurley. Ingoldsby, the Lieutenant Governor, continued in office. If the connexions of the new Governor were not so elevated as those of his predecessor, his qualifications for the place to which he was appointed were far greater. His first communication with the Assembly (which met on the 3d of March, 1708,) was expressed in terms which manifested a suitable regard to the feelings, and to the rights of the colonists. He declared that he would give them no just cause of uneasiness, and expressed a hope that mutual forbearance might be exercised, and that in the endeavour to pro- mote the interests of the province, all former differences and ani- mosities would be forgotten. In regard to those matters which had been the occasion of former dissension, the address of the Governor was conciliatory and prudent. He stated that her Majesty would not be burdensome to her people, but that it was necessary that government should be supported, and he recom- mended the subject to their notice and care; that they best knew what the province could bear without inconvenience and injury. and also in what manner it could most properly be raised. He also recommended that a militia law should be prepared on such grounds as should seem likely to give satisfaction. The reply of the House exhibited a spirit of moderation, and a willingness to concur in the views and measures which his Excellency had offered to their notice. They expressed satisfaction on account of his appointment, declared that they had acted from no "ani- mosities," but only from a desire to maintain their rights, and they did not doubt but that a hearty agreement would now be . maintained. They were willing, they said, to give support to the
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government to the utmost of their ability, and the more so, as they should now be exempt from arbitrary exactions. This amicable interchange of sentiment was introductory to a course of harmo- nious action. In accordance with the Governor's recommenda- tion, an act was passed for the support of her Majesty's govern- ment, granting the sum of seventeen hundred pounds for one year. A law was also passed for settling the militia. Important enact- ments were also made relating to the election of the General Assembly, and to the privileges and rights of the members. By implication, the Assembly had power under the royal instructions to make alterations in respect to the number of its members, or the mode of their election, subject to her Majesty's approval.' This power was now exercised by making a change in relation to the qualifications of some of the electors. Under existing regula- tions, the members for the towns of Perth Amboy, Burlington and Salem, had been elected by the inhabitants freeholders of these places respectively, but it was now enacted that the electors in the towns, as in the counties, should be freeholders. It was also distinctly declared that the right of determining as to the qualifi- cations of members, was "in the House of Representatives when met in General Assembly."2
The hopes of settlement and continued prosperity which the coming and conduct of Governor Lovelace had excited, were sud- denly terminated by his death. The disappointment and regret occasioned by this event, were also further increased on account of the accession of the Lieutenant Governor, who assumed the control of affairs. Ingoldsby had rendered himself unpopular in the province, and an application had been made to Governor Lovelace for a hearing in relation to the charges which had been made by Ingoldsby, and some of the Council, in their address to the Queen. A time had been appointed for the purpose, but the efforts of the Assembly had been defeated from time to time, and
- ' It was prescribed in the instructions that no such changes should be made except "by an act or acts of the General Assembly there, and confirmed by us, our heirs or successors."
? It has been seen that a former Assembly had made enactments upon the same subject; but different from the present law, in many particulars.
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at length, the death of the Governor, and the accession of Ingolds- by to the principal place in the province, rendered it necessary to suspend the design. At this period the distant relations of the country were such as to involve the interests, and to demand the attention of the provincial government. The French nation had acquired possession of extensive portions of country in America, and their claim had been acknowledged by England, in the treaty of 1632. A powerful and active opponent of England and of English interests, had thus become established on the borders of the American colonies. In 1702, war had been declared by England against the French, and the latter nation taking advantage of the occasion had made incursions from their possessions in America, upon the neighboring English provinces. These at- tempts were carried on with so much perseverance and vigor that the French forces had succeeded in penetrating into the country as far as to the Merrimack River, and had demolished Haverhill, a considerable town. The inhabitants of New England applied to the mother country for aid and support, and the Ministry pro- jected a plan for the invasion of Canada, and other places belong- ing to the French. A squadron of ships was to be prepared for an attack upon Quebec, whilst a separate force, composed of troops to be furnished by the colonies, and commanded by Colo- nels Nicholson and Vetch, were to make an attempt by the lakes. Instructions were given to Colonel Vetch to demand the co-ope- ration of the several colonies, and New Jersey was required to furnish two hundred men for the enterprise.3 The Assembly of the province convened in May, 1709, when the plans of the Min- istry and the particular requisitions that had been made, were laid before the House by Governor Ingoldsby. A ready assent was given by the Assembly. An act was passed for raising three thousand pounds by bills of credit, to be used for her Majesty's service "in this present juncture," and particular provisions were made for enforcing the currency of the bills, when emitted.
The enterprise for the conquest of Canada was not finally pro- secuted, but a part of the forces that had been raised for the pur- pose, proceeded, under the command of Colonel Nicholson, to
'Smith's New Jersey, p. 362.
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Port Royal, in Nova Scotia, and that place was reduced, and full possession was taken by the English.
. Among the incidents deserving of notice arising out of the un- dertaking just mentioned, was the issue of a currency of paper, which was then first resorted to in the province. It was de- signed, as has been seen, to answer a pressing emergency, and perhaps this emergency could not otherwise have been met. "A paper credit currency," it has been said, "is a great promoter of military expeditions."+ But the same expedient was afterwards resorted to, and became a part of the policy of government. It _was a policy capable of being made highly instrumental either for good or for evil. It afforded the means of present relief, and gave facilities by which the resources and abilities of a community, as well as of individuals, might be more fully and advantageously . developed. But it also served as a temptation to hasty and haz- ardous action, and to obtain an immediate good by a mortgage upon future and uncertain advantages and means. In New Jersey endeavours were made to guard against the evils of the system, by a careful restriction of the amount, and timely regulations for redemption. .
At the next meeting of the General Assembly, which took place in November of the same year, the attention of the House was again directed towards the domestic affairs of the province, and an enactment was made defining more fully the qualifications of the members of the House. It prescribed that each Representa- tive should be an actual resident within the province, and of some city, town or county of that division in which he was chosen. It was represented that much "inconvenience" might arise from the election of persons inhabiting neighboring provinces, inasmuch as such persons might be swayed by a regard to the interests of the places where they resided, rather than by a desire for the pros- perity of the parts they represented. It was also set forth that it was absolutely necessary that the Assembly, when met, should
. Douglass' Summary. Douglass was a strenuous opponent of paper money. He says that "The Sham Canada Expeditions" in 1709 and 1711, led this province and all the other British provinces to the northward, into a pernicious paper currency called public bills of credit.
Summary, p. 285.
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have full power over the members, which would be precluded if they were inhabitants of other provinces.5 The Assembly also passed an act to ascertain and determine the boundaries of the several counties in the province. Another enactment was made which would seem to have infringed, to some extent, upon the directions that had been given in her Majesty's instructions estab- lishing the government. In these instructions it was prescribed, that . the meetings of the General Assembly should be held at Perth Amboy, and at Burlington, alternately, unless for particular reasons, the Governor should order them differently. But it was now enacted that all succeeding Assemblies should be held at Burlington, until otherwise determined by act of Assembly.
During these proceedings but little communication had taken place between the Lieutenant Governor and the Assembly, and there was an appearance, for a time, of acquiescence in his govern- ment. But it was no more than an appearance. The former acts of Ingoldsby had rendered him odious in New Jersey; and he was but little more in favor in New York. At length the united remonstrances of the provinces. induced the Queen to order his recal. In the interim, before the arrival of another Governor, the chief executive authority. in accordance with the constitution of the government, devolved upon the eldest member of the Coun- cil, in the province. This individual was William Pinhorne. But this officer was superseded on the 10th of June, 1710, by the arrival of Brigadier General Hunter, with the commission of Governor of New York and New Jersey.6 Governor Hunter was held in estimation for his social qualities, and was supposed to be fitted for civil employment. IIe had before been appointed Lieutenant Governor of Virginia, but had been captured by the French on his voyage to that colony.
He met the Assembly of New Jersey on the 7th of December, 1710.7 Ilis address to the House was characterized by dircetness and an appearance of openness and candor. He said, "that he
' This provision is somewhat illustrated by the occurrences of the time. It happened on some occasions that the members elected were not in their places, and the officers of the House were despatched to enforce their attendance.
. Gordon's New Jersey, p. 86. " Votes and State Papers, vol. 1, p. 2.
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was little accustomed to make speeches, and should not be tedious. That there had been much complaint of "unchristian divisions, an evil which all complain of, but which few took the right method to remedy. Let every man begin at home, leave disputes to the laws, injuries to the avenger of them, and as good subjects and christians, act together for the common good." He said that all must agree in the necessity of supporting government, and hoped there would be no difference about the means, and that he should heartily concur in whatever was necessary for the peace and welfare of the province. He closed his address with the noble sentiment, that "all power except that of doing good, is but a burden."
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The House replied in a similar tone, although with a degree of reserve. They congratulated the Governor upon his accession to office, and were willing to hope that the time had arrived when the causes of "unchristian divisions" would no longer exist .. They had experienced repeated instances of her Majesty's care, among which they regarded as a principal one, the former appointment of the good Lord Lovelace, by which an end was put to the worst administration the province had ever known, and they considered the appointment of his Excellency, the present Governor, as a new mark of royal favor. Let not ill-men, they said, be put or continued in power, let her Majesty's subjects enjoy their liberties and properties according to the laws, and then the grounds of disputes would be removed. They said that they had always considered it reasonable to support a govern- . ment, but equally so to deny that support to oppression and tyranny. What they were able to do should be sincerely and honestly done, and in as proper a manner as they were capable of, and they should be ready to join in any thing that might be conducive to the public benefit.
The harmony that seemed to be promised by the relations between the Governor and the Assembly, was prevented or inter- rupted by the course of the Council. Several of the members of this body had served in former administrations, and had been concerned with Lieutenant Governor Ingoldsby, in making the representation to the Queen containing charges against a former Assembly. These persons had thus become placed in an attitude of
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opposition to the Representative body, and no desire was shown at this time, to alter the relation. On the contrary, they mani- fested a determination to obstruct the measures of the Assembly, even, as it would seem, to the manifest injury of the interests of the province. Several bills which appeared to be rendered neces- sary by the state of affairs at the time, and which were certainly in accordance with the rights, as well as the wishes of the people, were rejected by the Council.8 Among these was an act for as- certaining the qualifications of jurors, and enabling the people called Quakers to serve on them. In the western part of the province the Quakers formed a large portion of the population and it was found difficult to obtain juries without them, and from their habits and character none were more capable of such service; but their refusal to take an oath caused them to be wholly ex- cluded. In the instructions of her Majesty to the Governor, he was directed to cause an act to be passed in the General Assembly of the province, like to that which had been passed in England in the reign of William the Third, allowing the solemn affirmation and declaration of the people called Quakers, to be accepted instead of an oath in the usual form. The act now prepared and passed by the House, embraced this provision so far as related to the qualification of jurors, and it was therefore not only a just and liberal measure in itself, but was also in perfect accordance with the royal instructions. But the act was rejected by the Council. One of a more general character, containing the same provisions in relation to taking oaths, but not limited in its application to the case of jurors, was also rejected in a similar manner. The militia law was also taken up for consideration by the House. The act that had been passed in the time of Cornbury, was rigid in its provisions, and but little suited to the views and opinions of the people, and many persons had been subjected to much oppres- sion thereby, and the modifications that had been made at different times, had not been such as to remove the objection. The House,
' By the instructions of the Queen the members of the Council were to have and enjoy freedom of debate and vote in all affairs of public concern, and by this provision the Council were enabled to control, as they did now control, both the Governor and the Assembly.
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desirous that a subject of some difficulty, should be carefully con- - sidered and acted upon, appointed a committee to prepare and report a bill.9 This was done. Measures were also taken to correct the abuses that had been practised under the existing law. Some of the officers who had been concerned in distraining goods, were brought to the bar of the House, and made to render an ac- count.' The bill prepared by the committee was passed by the House, and sent to the Governor and Council; but it met the fate of the preceding ones, it was rejected by a majority of the Council. These proceedings of the Council wore the appearance of mere factious opposition, and were directly calculated to excite to new activity, the irritation that had previously existed. The House, already it may be, not loth to such an engagement, was provoked to enter again upon a notice of the former acts of the Council.
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