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 29
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The address of Governor Ingoldsby and his Council to the Queen was accordingly taken up and read in the House. 10 By a vote the address was declared to be a false and scandalous representation concerning the Legislative body of the province, and that no one who had signed the address was fit to be a member of the House, and one of the members who acknowledged that he had signed it, was forthwith expelled." A resolution was also adopted to pre- pare an address to her Majesty, and also to Governor Hunter, justifying the proceedings of the Assembly. In the address to the Governor it was set forth, that it had been their misfortune to be governed by Lord Cornbury, who had treated her Majesty's sub- jects rather as slaves, whose persons and estates he might control, than as freemen, who were to be governed by laws. The Gover- nor, they said, "had sacrificed his own reputation, the laws, and
s The committee were Doctor Johnston, Isaac Sharp, Jacob Spicer,. William Sandford, John Reid, and Robert Wheeler. They were instructed to prepare and bring in a bill for explaining an act of this province past in the third year of her Majesty Queen Anne, entitled "an act for settling the militia of this province, and for relieving persons aggrieved thereby."
16 This address had been signed by Richard Ingoldsby, William Pinhorne, Roger Mompesson, Thomas Revell, Daniel Leeds, Daniel Coxe, Richard Townley, William Sandford, and Robert Quarry. Pinhorne, Townley, Coxe, Mompesson, and Quarry were still in the Council.
" Major William Sandford.
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our liberties to his avarice." That the efforts that had been made to procure redress had proved effectual, and that no relief was experienced until the arrival of Lord Lovelace, which gave an expectation of better days. That upon the first sitting of the Assembly after the arrival of Governor Lovelace, he had commu- nicated to them for their information, "The address of the Lieu- tenant Governor and Council of New Jersey," in which the ad- dressors endeavoured to make injurious impressions upon the Governor against others, and to secure his favor to themselves by the grossest fawning and flattery. This address, said the Assem- bly; "from the peculiarity of the language, and the unintelligible- ness of the terms, ought never to be forgotten.12 But yet it was said these addressors were not true friends to Lovelace, and had caballed against him, and Governor Hunter was warned, that he too, might expect to experience their treachery. An examination of the address of the Lieutenant Governor and Council was then entered upon. The Assembly asserted, that though it purported to be a thing agreed upon in Council, that it had not been formally passed, but that the assent of the members had been given at dif- ferent times and places. That in its general character, the address was open to much objection, that it was full of epithets and vague assertions, and that if the addressors had merely sought to make a show of- an abusive talent, they had certainly fully succeeded. But the statements that were given in the address were said to be entirely groundless. That the charge of a design to throw off all allegiance, and to revolt from the Crown of England, could only have been made in order to mislead or to prejudice the Queen ; that no sober man could believe that any such design had ever existed, or did exist. New Jersey was one of the smallest of her Majesty's colonies, and the least capable of making any defence ; that it con- tained no fortification exceeding a stone house, and of such but few, that a great part of its people were Quakers, who from their principles were opposed to war; that under these circumstances to declare that any persons were exciting to open revolt, was a
12 In the address to Lord Lovelace, he was told that "your Lordship has not one virtue, or more, but a complete accomplishment of all perfections," with other expressions equally extravagant.
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charge scarcely less ridiculous than malicious. And as to the refusal of the Assembly to support the Queen's government, or to defend it by settling a militia, the facts themselves might be ap- pealed to; that they had made provisions according to the ability of the province, and that lately, when the expedition to Canada was on foot, they had given three thousand pounds, and this when some of the addressors themselves had done all they could to frustrate the grant. That an act had been made in the time of . Lord Lovelace for settling the militia, which had likewise met with much opposition. Several particulars were also set forth in relation to the conduct of the members of the Council, which, (even with the abatement to be made in the statements, on account of party exasperation,) must yet be allowed to show, that some of the executive officers had exercised their powers in a manner oppres- ·sive and unjust, and that others had been guilty of most serious moral delinquencies.
The Assembly expressed their concern that they had so much reason to expose a number of persons who had combined to do New Jersey all the hurt in their power. They said that her Majesty had been graciously pleased to remove Lieutenant Gover- nor Ingoldsby, a favor "for which we cannot sufficiently express our gratitude," and they intimated with entire distinctness, that the province would be benefitted by other removals. They de- clared, indeed, that justice could never be done whilst certain members of the Council continued in places of trust within the province.13
Governor Hunter received the address of the House in a man- ner indicating a desire to act in his office with impartiality and justice. He replied, that her Majesty had given him directions to reconcile the differences existing in the province, but if this could not be done, he should make a representation to her ; and he did not doubt but her Majesty would take such measures as would give general satisfaction. But the Governor was either convinced of the justice of the statements that had been made by the House,
" These persons were named, they were William Pinhorne, Roger Mompes- son, Daniel Coxe, Richard Townley, Peter Somnans, Hugh Huddy, William Hall, and Jeremiah Basse.
· Smith's New Jersey, p. 393.
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or perceived that no harmony of action could be expected whilst the members of the Council, who had been complained of, were . retained, and such representations were therefore made by him, as led to the speedy removal of several of the number.
The partial success that had attended the operations against the possessions of the French in America, had given encouragement for a new undertaking. . Colonel Nicholson, who had directed the former enterprise, proposed to the Ministry that another attempt should be made for the reduction of Canada, and the proposal was finally acceded to. A plan was formed for an union of forces from England and the colonies, together with a body of Indian allies." In accordance with this plan, instructions were sent to the Governors of several .of the colonies, requiring that measures should be taken for providing the necessary aid in men and sup- plies. For this purpose the Assembly of New Jersey was sun- moncd, and met on the 16th of July, 1711. Governor Hunter Mformed the House that the fleet and forces from England, des- tined for the reduction of Canada had already arrived at Boston, and that a requisition was made upon New Jersey for three hun- dred and sixty men, with officers, and all to be properly furnished with pay and provisions. The Assembly responded to the de- mand. An act was passed for raising five thousand pounds, for, and towards the encouragement, pay, provision, transportation, and other charges of volunteers going on the expedition. This amount was to be furnished by a new emission of bills of credit. The Governor assented to the acts, and dismissed the Assembly with thanks for their despatch. But the expedition for which extensive preparations had been made, and from which much had. been expected, totally failed in execution. It left a debt upon New Jersey, which, together with obligations before incurred for a similar purpose, was to be met by subsequent taxation.
The circumstances of the province were not supposed to re- quire that another meeting of the Assembly should be called until December, 1713. The Governor then addressed the House in terms of confidence and kindness. Hc referred to the goodness of her Majesty in reinoving from their places, those officers who had be- come obnoxious to the Assembly and the people. He said that he was persuaded that the efforts of these persons would not be able to 40
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destroy the harmony and confidence that now subsisted between the different branches of the government.14 In this confidence, he recommended to the House the adoption of such measures as the situation of the province appeared to require. He urged that provision should be made for past arrears, and the future support of the government, and also for affirming and ascertaining the respective properties of the proprictors, and people.
The Assembly, in reply, expressed their satisfaction in again meeting the Governor, and hoped, that as the persons who had hitherto obstructed the welfare of the country, were now removed, the pleasure of such mectings would be oftener experienced. 15 They acknowledged themselves to be under the greatest obliga- tions to the Queen, and trusted that their actions would manifest a proper sense of the kindness she had shown. The session bc- ing thus happily opened, the House procceded to re-enact some of the laws which had formerly been rejected by the Council, and to pass others which were supposed to be required. The sum of two thousand five hundred pounds was granted for the support of government for two years. An act was passed that the solemn affirmation and declaration of the people called Quakers, should be accepted instead of an oath in the usual form, and also for qualifying and enabling the said people to serve as jurors, and to execute any office or place of trust or profit within the province. The disabilities under which these persons had laboured on ac- count of their testimony against oaths, were thus entirely re- moved. The enactment met with the ready assent of the Governor and Council, and indeed they had concurred in promoting it. A separate enactment was made for determining the qualifications of jurors; it regulated the mode of summoning them, and pre- scribed that all persons summoned to serve upon grand inquests, should be worth at least one hundred pounds in real estate, within the county for which they should serve, and that all persons sum- moned to serve on petit juries, should be worth one hundred
14 Pinhorne, Coxe, Somnans, and Hall, had been removed from the Council, and soon afterward John Anderson, Elisha Parker, Thomas Byerly, John Hamilton, and John Reading, were appointed.
" An intimation was thus given that more frequent meetings of the Assem- bly would give greater satisfaction.
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pounds in real and personal estate. 16 The militia law of the pro- vince. was settled with new and more liberal provisions. An act was. also passed "for regulating slaves." The encouragement given to slavery in the instructions of the Queen, had tended to give it a permanent place in the province. The regulations now made were designed to protect the masters by preventing the. elopement or absence of slaves, and also to enforce the good con- duct of the latter. And it was also provided " that no negro, Indian, or mulatto that should afterwards be made free, should be allowed to enjoy, hold or possess any houses, lands, tenements, or here- ditaments within the province, in his or her fee simple, or fee tail, but that the same should escheat to her Majesty, her heirs and successors." And it was also provided,. that inasmuch "as free negroes were an idle and slothful people," that any person manu- mitting and setting at liberty any negro or mulatto slave, should enter into sufficient security to pay yearly and every year to such negro or mulatto during their lives, the sum of twenty pounds. 17 It was also enacted that a duty of ten pounds should be paid on every negro, Indian, or mulatto slave imported into the province. It may be supposed that this tariff upon slaves was established less with a view to the raising of revenue, than to the discourage- ment of the traffic itself. Regulations were made for the more precise determination of the limits of some of the counties, and a new county to be called " the county of Hunterdon," was erected. It was taken from Burlington. ' To Hunterdon was given all the powers, jurisdictions and privileges that belonged to other counties, except a choice of members to the General Assembly, which was reserved until her Majesty's pleasure should be known, or until it should be otherwise ordered by the General Assembly. The people of Hunterdon were to continue, in the interim, to act with Burling- ton in the election of Representatives. An enactment was passed by the Assembly regulating in certain particulars the administra- tion of justice in the courts of the province, and for reviving and continuing courts in some of the counties.
" The instructions required that some limit should be set in goods or lands. below which persons should not serve as jurors. Article SS of Instructions. 17 Allinson's Laws of New Jersey, p. 21.
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The business of the session being concluded, the House was adjourned with expressions of satisfaction from the Governor. - He thanked the House for the support that had been given her Majesty's government, and the salutary enactments that had been made; some things, he observed, that "in their nature were acts of favor, I have agreed to be made acts of Assembly, that your share may be greater in the grateful acknowledgements of your country.'13
: A period succeeded in which nothing occurred of sufficient im- portance to the province to call for more than incidental observance.
The peace of Utrecht, which was concluded on the 31st of March, 1713, put an end to hostilities between England and France, and relieved the colonies from the dangers and the de- mands which the prosecution of the war had subjected them to. . On the Ist of August, 1714, the death of Anne Queen of England, . took place. Her reign had been one of importance in English history, and of especial interest to the province of New Jersey from the change which occurred in the form of its government. Upon the accession of George the First, which took place August 6th, 1714, a new commission was sent to Governor Hunter, and an Assembly was summoned to meet at Perth Amboy on the 4th of April, 1716. But difficulty arose at the very commencement of the session. It has been seen, that in 1609 an act had been passed that the meetings of the Assembly should be held at Bur- lington until otherwise ordered by law. This act, though not strictly in accordance with her Majesty's instructions, had been
18 The particular laws which were considered by the Governor to be " acts of favor," were not stated, but it is probable they were enactments relating to the administration of justice, especially an act for shortening law suits, and regu- lating the practice of the law, and an act to enforce the ordinance for establish- ing fees. But the conduct of the Governor was somewhat less generous than his expressions would seem to imply, for he afterwards represented that these acts would be injurious, and advised his Majesty that they should be disallowed, stating also that the laws had been particularly designed to punish the then Secretary of the province, (who was especially affected thereby,) he being a person of bad reputation. From this representation, the acts in question were made to appear, not only as injurious in themselves, but as being designed to serve a temporary purpose, rather than as important measures of public policy.
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assented to by the Governor, and afterwards confirmed by the Queen. Notwithstanding this, the present Assembly had been summoned to meet at Perth Amboy. Soon after their meeting, a resolution was passed by the House that his Excellency should be waited . upon with a request, that he would be pleased to lay before the House, a copy of his Majesty's instructions. relating to . the sitting of the Assembly at Perth Amboy. The Governor at once complied with the request. It was then resolved that an address should be made to his Excellency upon the subject, with a request that the sitting of the Assembly might be prorouged to Burlington. In the address they said, that they were entirely in- . clined to pay all obedience to his Majesty's and the Governor's. commands, but yet they could not but think that it was their duty to observe and maintain the laws of the province; that the law re- specting the sittings of the Assembly had passed through all the necessary forms, and they could not but suppose that it continued in force, and would so continue, until repealed.
In reply, the Governor stated, that he had received instructions from the King, directing the Assembly to sit at Amboy, which he was bound to obey. That the confirmation of the act by the late Queen was temporary, and continued but during her life, being part of the prerogative of the Crown which she could not part . with longer, but might be resumed by the successor. Also, that for reasons of great consequence, he could not meet either Council or Assembly, at Burlington. In a subsequent communication he further stated, that the power of calling even parliaments to any particular place, being an undoubted part of the prerogative, the late Queen's approbation of the law could only be taken as dis- pensing with the exercise of that part of her prerogative, but that such a concession would not be binding upon her successor; and beside, that his Majesty's instructions in regard to the meetings of the House, had only restored the affair "to the just and equal foot" upon which it was placed at the time of the surrender. 19 As the directions to the Governor had been precise, and as these were taken as his rule, the Assembly were obliged to submit, and to continue the session at the place appointed. But full satisfac-
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tion was not felt. The Speaker of the House too, Colonel Daniel Coxe, as well as some other members, were unfriendly to the Governor. Coxe had been among the members of Council for- merly displaced, and the agency of the Governor in forwarding that measure, may not have been forgotten, or forgiven. 'These several circumstances were unfavorable to harmonious action. The business of the session was entered upon with little alacrity, and was but tardily conducted. Much time was occupied in committee of the whole House, in considering the Governor's ad- dress. At length the Governor resolved upon prorogueing the Assembly, probably with the hope that time would remove, or allay, the dissatisfaction that had arisen.
But this hope, in regard to a portion of the House, at least, was not to be realized. At the time of meeting, (the 14th of May,) several of the members failed to appear, and among this number was the Speaker of the House. After a delay of five days, the members present, nine in number, presented an address to the Governor, requesting him to take such methods as might be deemed proper to cause the absent members to attend in their places. He ac- cordingly sent warrants to the several delinquents, commanding their attendance, as they would answer the contrary at their peril. Four immediately obeyed the warrants, and the number then present making a quorum, proceeded, upon the Governor's recommenda- tion, to organize the House. John Kinsey was chosen as Speaker. His Excellency immediately delivered an address, expressing much satisfaction at their selection of a Speaker, and remarked, that the conduct of the former one gave sufficient evidence of a combination between him and his associates to prevent the trans- action of the necessary business of the province, and he hoped that all would be made sensible of the . sinister arts and practices of these persons, so that no further evil might be done. He re- commended that the support of the government should be provided for, and the bills of credit renewed, in order that the province might be seasonably provided with a currency for ordinary uses.
The House, as now constituted, seemed quite ready to second the Governor's views ; one of their first measures was an inquiry concerning the conduet of the late Speaker, and the absent mem- bers, which after some discussion resulted in the expulsion of the
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whole from the House.20 An address in reply to the Governor's communication was also agreed to. In this it was said, that his Excellency's administration had been a continued series of justice and moderation, and that the House would not be wanting in en- deavours to make a suitable return. That the late Speaker of the House had given a new proof that in all situations it had been his study to disturb the tranquillity of the province, and to act in con- tempt of the laws and government; and a hope was expressed that his expulsion would be considered as a sufficient vindication of the character of the House from any suspicion of a concurrence in his purposes or acts. Complaisance to the Governor, or in- dignation against the conduct of the factious members, carried the House still farther. It was resolved, that these members should not be admitted to their seats during the session, even if returned by a new election, and at the next sitting of the House, when some of these persons were so returned, the resolution was adhered to.21
These proceedings occupied much of the attention of the House and the meeting closed, with the important result of a restoration of harmony between the branches of the government, but with little beside.
On the 27th of November, of the same year, the Assembly was convened at Chesterfield.22 The Governor represented the neces- sity of adopting immediate measures for the support of govern- ment and the public credit, as the funds provided for the former were wholly exhausted, and as the latter had suffered greatly in
" The expelled members were Col. Daniel Coxe and Richard Ball, members from Gloucester. Henry Brockholst and David Ackerman, from Bergen, William Hall and William Claws, from the county of Salem, Henry Joyce, from the town of Salem, and Jacob Hulings, from Cape May. Jacob Spicer, from Cape May, being brought before the House at its next meeting, by the Sergeant at Arms, prayed the House to pardon his absence, it not being wilful, or with con- tempt, "having had more than ordinary occasions which had detained him from attending the service of the House." Whereupon the House " were willing to be favorable to him, and ordered that he be discharged upon paying his fees." He was then directed to take his seat.
2 Richard Bull, from Gloucester, and William Hall, from Salem, were thus returned. The House declared that " they could not recede from their former resolves."
22 By reason of the Small Pox being at Burlington.
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consequence of failure in the collection of taxes, and he trusted, as they were now met with good dispositions, and without any "clogs or bars," they would be able to pursue the objects of their meeting, and make good the engagements and promises contained in their former addresses. The House proceeded in accordance with these recommendations. A ground of former difficulty was entirely removed by an act repealing the act which directed that the sittings of the Assembly should be held at Burlington; that act, it was said, "being contrary to royal instructions, and being. found prejudicial to the eastern division." The finances of the province were. inquired into, and the amount and causes of the deficiency determined.23 .
The expenses required by the late military expeditions had rendered it necessary to contract a large debt by the issue of bills of credit; but it was asserted that the provisions for sinking these bills would have been quite sufficient, if faithfully observed and carried out. Enactments were therefore made to enforce the col- lection of arrearages from delinquent counties; for the more regular appointment of Assessors. and Collectors, and for holding these officers to closer accountability. As a further means of increasing the revenue, an excise was laid upon all spirituous liquors retailed within the province, and it was expressly declared that the amount should be used, for, and towards the support of the government. To meet the present necessities, an act was passed for a new issue of bills of credit to the amount of eleven thousand six hundred and seventy-five ounces of plate. A bill was agreed to for the support of government, for three years, which assigned to the Governor the sum of six hundred pounds per annum. 24
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