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 30
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After a meeting which terminated without the transaction of any important business, the General Assembly convened at Perth Amboy on the 13th of January, 1718. The Governor informed the House that the revenue was again exhausted, and mentioned
2 More than seventeen hundred pounds in bills of credit were yet out, and the treasury empty.
" The Chief Justice was to receive one hundred pounds, the Attorney Gene- ral fifty pounds, the members of Council, who attended during the sitting of the House, five shillings per day, and the Representatives five shillings per day ..
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also, that the salaries of the public officers were so small and so retrenched from what they had been, that the officers were not properly supported; and an augmentation was asked. He stated that the Assembly of New York had passed a law for running the division line between the two provinces, with the expectation that a similar measure would be adopted in New Jersey. He also recommended, that an agent should be appointed to represent the interests of the province in England, no other province being with- out such an officer ; and that on several occasions he had himself employed persons, at much expense, to transact business that could not properly be delayed. The Assembly stated, in reply, that although they were sensible of the importance of having an agent in England, the circumstances of the province were such that suitable provision for the maintenance of such officer could not immediately be made. In accordance with the Governor's recommendation, an act was passed for determining the line of division between New York and New Jersey, and another for settling the boundary between East and West New Jersey.23
The Assembly was not again convened by Governor Hunter. In 1719, he left the province for England, but expressed an in- tention, with the King's permission, to return; this intention how- ever was not fulfilled ; upon his arrival in England, an agreement was made by which his government was exchanged with William Burnet, Esq., for the office of Comptroller of the Customs, and the latter soon entered upon office.6
William Burnet, Esq., was the son of the well known prelate, Bishop Burnet. If the new Governor derived no celebrity from nobility of birth, he inherited a name that piety and learning had raised to distinction. His intercourse and intimacy with the late Governor enabled him to acquire in advance, some knowledge of the state of affairs in the province, as well as of the character of
25 The Commissioners appointed under the first act, fixed the northern point of division in latitude 41º 40'. Nothing was done under the latter act.
Gordon, p. 91.
" Governor Hunter had conducted himself in office under circumstances of some difficulty, with a degree of prudence and address, and the Legislature both of New Jersey and New York expressed their approbation of his course. 41
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= parties and of men; and he entered upon his duties at a time when .. the relations between the different branches of the government appeared to be of the most amicable kind. But the new Governor was either less cautious, or less fortunate than his predecessor. The province, as has been seen, was encumbered with debt, and the Assembly in the former administration had shown a laudable care and concern on this account. The same Assembly was convened by Governor Burnet on the 28th of February, 1721. At that time the Governor set forth the favorable opinions he had entertained of the Assembly from the character given of them by his prede- cessor, and said that he was further encouraged in his expectations from them, by the loyalty which the neighbouring province had shown in granting a revenue; and that as this colony was increas- ing in people and property, the support of government would be easier than it formerly was. IIe stated that he had found the salaries of officers lessened when they should have been increased, and that the credit of the colony was suffering for the want of a larger amount of bills for currency. He hoped that these de- ficiencies would be effectually supplied, and reminded the House and the people, of their great happiness in being under his Majesty's government, and expressed a hope that a just sense of the bless- ings they enjoyed, would dispose to such manifestations of duty and gratitude, as might be expected from good subjects, to such a prince.27 The reply of the House was extremely guarded and brief. They congratulated his Excellency upon his accession, and stated, that they should use their utmost endeavours to serve their King and country, under the difficult circumstances that existed. The cold- ness shown by the Assembly in their address, and their imperfect compliance with his wishes, induced the Governor to prorogue the House at an early period, and he used the occasion to make a still further declaration of his expectations and views. He said, that he had hoped to have found in them a disposition suitable to the charac- ter that had been given of them, but that their past resolves had fallen short not only of his own expectations, but also of his Majes- ty's instructions to him. His Majesty, he said, had expressly directed, that all laws made for the supply and support of govern-
" Minutes, vol. 1.
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ment should be indefinite and without limitation, except the same should be for some merely temporary service. The meaning of this instruction, he said, would appear from the practice of the Parliament of Great Britain, who at the accession of a new Prince, settled a revenue for the support of the government during the life of the Prince. IIe had prorogued them, he said, that they might begin anew, and show their loyalty by a due regard to his Majesty's commands. He also observed, that long sittings of the Assembly were a great burden and expense, and that if they should . once settle a lasting revenue, they would be able to go through the other business in much shorter meetings, which he promised they should have, as often as they desired. It could hardly be expected that the recommendations of the Governor in the particu- lars just mentioned, would be very acceptable; and communications were made at the next meeting, but little more calculated to give satisfaction. . The Governor stated, that the laws heretofore passed by the Assembly for regulating. the choice and the qualifications of members, were not in force, having never been confirmed by his Majesty; but that the instructions given by her late Majesty, Queen Anne, upon these particulars, were still the law, and were to be observed; he also stated, in reply to a request that the members might be sworn in their own House, that it was neces- sary that every member of the House should be sworn before the Governor. A reply was made by the House, and several resolu- tions relating to the demands and the course of the Governor, were also adopted. In these modes, they asserted, that they were, and had always been disposed to show their loyalty to his Majesty, in such manner as the circumstances of the province would allow; that it had not been unusual for the members to be sworn in their own House, for which reason they had made the request; and that all laws passed by the Governor, Council and Assembly, were in force until they were disallowed by his Majesty, or re- pealed in the province. They objected to the "intermeddling" of the Governor with the business of the House, which they con- sidered to be a breach of their rights and privileges. They also complained on account of his demand for permanent support of the government, and of his assertion that unless such provision should be made for at least five years, he would pass no bill. An
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act for the support of the government for two years was then agreed to by the Assembly, and full provision was made for rais- ing the amount by taxes. But this enactment failed; the Council, assuming unusual authority, made numerous amendments to the bill, and returned it to the House; the latter, however, denied the right of the Council to amend a money bill, and thus the gevern- ment was left without any support. In noticing these proceedings the Governor indulged in rather angry remark. He told the House that they seemed fond of the word privilege, though what they had of that kind, was owing to the goodness of the Crown ; and he de- clared that "your conduct has carried in it so much indignity to his majesty, and would prove, if not timely prevented, such an oppression to the colony, that I will rather serve for nothing, and spend my own fortune in the defence of his Majesty's honor, and the welfare of the province, than ever give way to it." He therc- upon dissolved the Assembly "from being, sitting, or acting any more as the General Assembly of the province." The disagree- ment that occurred at this time between his Excellency, and the House, was in strong contrast with the harmony that had existed between the same body, and Governor Hunter.26 The urgency of Governor Burnet for an increased and permanent revenue for the support of government, at a time when the province was em- barrassed; his apparent anxiety to restrict the action of the As- sembly; together with the assumptions of the Council, were calcu- lated to excite dissatisfaction. The Assembly too seemed quite uncomplying. In addition to the reasons just mentioned, they doubted the propriety, and even the legality of the continuance of the Assembly which the former Governor had called, and their reluctance to longer service was not disguised.29
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" The Governor seemed to be sensible of this difference, and in explanation thereof said, that his predecessor "had the misfortune in the late Queen's time not to be supported at home in his just demands, and when a Governor is so unfortunate as not to be sufficiently protected at home, it may induce him to compliances which he could not otherwise justify."
2 The Governor produced especial instructions from the Lords of trade, war- ranting him in continuing the Assembly, which, it was said, was "exactly con- formable to the practice in Ireland, where one Parliament has subsisted under different Governors since his Majesty's accession to the throne."
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Not long after the dissolution of the House, a new one was called.30 In modified and somewhat softened terms, the Governor presented to the new Assembly, the wishes and views he had formerly expressed. He did not doubt that after so long a time had been given to weigh and consider every particular, they had brought with them a resolution to support his Majesty's govern- ment in an ample and honorable manner; with commendable · generosity he desired them "not to think of me," but to make fuller provision for the inferior officers of government. He again adverted to the great advantages enjoyed under his Majesty's reign, and enlarged upon the great deliverance that had been ex- perienced in an escape from under the rule of "a Popish King and a French government." The expressions, as well as the acts of the new Assembly, accorded in a great degree with the Governor's views. One of their earliest measures was the passage of an act "for the security of his Majesty's government in America." It was chiefly designed to provide securities against the designs, and acts, of the adherents to the Popish religion. It was supposed that the people of this faith, if not especially opposed to the go- vernment of the province, still felt themselves at liberty, and in- deed felt bound, to use every exertion for the restoration of Popish supremacy. At the first institution of the government, Papists had been expressly excepted from the grant of liberty of con- science, and by the present act they were subjected to rigid re- strictions. It was made lawful for any two or more Justices of the Peace, to administer and tender a certain oath and declaration, to any whom they might suspect of being dangerous or disaffected to his Majesty's government, and if any such persons should re- fuse to take the oath, and make the declaration, they were to be esteemed and adjudged to be Popish recusant convicts, and as such should be proceeded against.31 Whether any particular ap-
" The Assembly was dissolved on the 26th of May, 1721. The precise date of the meeting of the new one is not known, but it was in the early part of the same year.
" Suspected persons were required to swear that they would be faithful, and bear true allegiance to his Majesty; and that they did in their hearts abhor, detest, and abjure that impious and heretical doctrine, and position, that princes
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pearances or acts had been noticed, calling for such restraints, is not known; but, if in conformity with the royal instructions, and with the temper of the English government at the time, and with the Governor's views, they were yet but little in harmony with : the broad declarations in regard to freedom in religious matters, that had been made in the province, at a former period. The act passed for the support of government at the present sitting, also measurably accorded with the Governor's desires ; it was to con- tinue for the period of five years. But the liberality of his Ex- cellency's expressions in regard to provision for himself, was perhaps too strictly interpreted. The salary formerly granted to Governor Hunter, was reduced by one hundred pounds ; but five hundred being now allowed. Yet full satisfaction was expressed, and the Governor dismissed the House with thanks for their pro- ceedings, and particularly for the cheerful and honorable support that had been given, and for the act for the security of his Majesty's government in the province, the latter of which he regarded as " the noblest present of the two."
At the next meeting of the Assembly, which took place in 1723, the attention of the House was particularly directed toward finan- cial concerns. The Governor stated in his address, that the pro- vision they had made for the support of the government, had left him but little to ask in that respect, but he thought proper to re- mind them of the indebtedness of the province. Numerous peti- tions were also received from the people, representing the great . want of a paper currency. It was stated that the province had been drained of a specie currency by reason that the produce of the country had been chiefly sold in neighbouring provinces, where a currency of paper was in circulation, and which the people had
ex-communicated by the Pope, may be deposed or murdered by their subjects, or by any other person. They were also to swear that they would bear faithful and true allegiance to his Majesty King George, and that the pretender had no right or title whatever, to the Crown of Great Britian. In the declaration, they were required to testify and declare as their belief, that in the sacrament of the Lord's Supper, there is not any transubstantiation of the bread and wine into the body and blood of Christ, and that the invocation or adoration of the Virgin Mary, or any other Saint, and the sacrifice of the mass, are superstitions and idolatrous. Allinson's Laws of New Jersey, p. 64.
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been obliged to receive; yet this foreign currency was not a legal tender in the province, and therefore was not received in the pay- ment of taxes. To meet the several objects in view, the Assembly resolved upon a new expedient. They authorized the emission of forty thousand pounds in bills of credit, to be issued principally in loans. The amount was to be distributed, in a certain propor- tion, among the counties, and the issues to be made through offices established for the purpose. The bills were made a legal tender in all transactions, and a certain portion was specifically applied to the redemption of the bills of credit formerly emitted, and the interest thereon. An interest of five per cent. upon all loans was demanded, and the interest accrueing, was to be appropriated in part, to sinking the bills, and in part, to the support of government, under the direction of the Governor, Council, and Assembly.32 This policy was afterwards continued, and the loan office, came to be an important instrument in the management of the financial business of the province.
It seemed to be the misfortune of Governor Burnet, (or as he may. have regarded it, his advantage,) to be highly instrumental in con- trolling and annulling provincial legislation. Beside the instances already noticed, he received and communicated new instructions at this period, from the Lords of trade and plantations respecting seve- ral acts that had passed in the former administration. He was in- formed that three acts which had been transmitted for approval, one for shortening law suits and regulating the practice of the law;
" The bills emitted under this act were to be used as a general currency, and served a similar purpose as the banking bills of modern times. The operation, however, was entirely different from banking. The authority and credit of the government served in place of original capital, and the issues were made upon real and not personal security. No loan was made except on plate, or landed estate. The advantage to the government was in the reception of interest upon an amount of capital that had cost it nothing, though bound to see that it was fairly redeemed. The advantage to the people was in the possession and use of that which would be received in all transactions, and which, if it had cost nothing to the government, had served as money to them. The capital would therefore be willingly returned by the borrower, with the addition of interest, and still more, as this additional amount (being used for the purposes of govern- ment,) if not paid in interest, must, at least in part, have been paid as tax.
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another for acknowledging and recording deeds within each of the respective counties of the province; and a third for enforcing the observation of the ordinance for establishing fees, were disallowed by his Majesty. The scope of these acts, it was said, was to take away the accustomed fees of office from persons who enjoyed the same by immediate patents from the Crown, by which appoint- ment of the Crown the dependence of the plantations was in some measure secured to Great Britain; and therefore the Lords, as they said, had counselled his Majesty that these laws should be an- nulled, they "appearing to us to be great encroachments upon the prerogative of the Crown."33
In regard to the judicial department, the authority of the Gover- nor was also brought into exercise. The Assembly made an humble address to his Excellency, representing the great inconveniences the people were subjected to, from the operations of the ordinance directing the meetings of the courts of judicature, and asking leave to bring in a bill to remove the hardships under which the inhabi- tants laboured. The address was considered by the Governor and Council, and they resolved, that it would be proper that altera- tions should be made in the ordinance, but that leave could not be given to the Assembly to bring in a bill, as prayed for, because, by the commission of his Majesty the Governor was vested with the power to establish and regulate the courts of judicature, and the action of the Assembly therein, would deprive his Excellency of his proper authority. Another question of some importance arose at this period. It related to the constitution of the General Assembly, and the authority by which it existed, and might be changed. The erection of Hunterdon into a county has been noticed, and also the suspension of the election of members to the Assembly, until the pleasure of the Queen should be known. No decision was made by the Queen, but the matter was determined
" From the communication of the Lords, it appeared that bothi Governor Hunter and Governor Burnet had represented that these laws should be re- pealed, as they were injurious to the jurisdiction of the Supreme Court, and reduced the fees of the patent officers so that they could not subsist. These laws, however, if not well adapted to the full support of his Majesty's officers, or of the royal prerogative, were considered by the people as highly important to their interests.
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by her successor, his present Majesty. His Majesty referred the question as to his authority in the case, to his legal adviser, and required an opinion. The Attorney General, Raymond, advised his Majesty, that "as the right of sending Representatives to the Assembly and the qualification of the electors and elected, de- pended upon his Majesty's instructions, he might make any altera- tions that were required, and therefore, might empower the new county of Hunterdon to send two Representatives, and restrain the town of Salem from sending any."3+ The Governor was in- structed accordingly. The declaration that the right of represen- tation depended wholly upon his Majesty's instructions, went to the complete subversion of English liberty. The decision was not made upon the ground of any pretended representation of the colonists in England, but upon the broad assumption that the right of representation in the province, depended entirely upon the will of the King. Such questions, it has been said, could only be settled by a revolution.35
The General Assembly that was convened in 1721, continued in being until 1727, and a period of more than two years had elapsed in which no meeting had been called. The protracted recess, as well as the long continuance of the same body, was a cause of dissatisfaction among the people; they regarded the frequent renewal of their deputies, or the frequent opportunity of renewal, as an important security to their interests. Their wishes were complied with, and a new Assembly was convened on the 10th of February, 1727, but no business of particular importance was then transacted.
In the latter part of the year 1727, Governor Burnet departed from the province, being appointed to the government of Massa- chusetts Bay. He had strenuously upheld the royal authority, and his own, and resisted every attempt toward an extension of popular privileges.
" Chalmer's Opinion's of Lawyers, vol. 1, p. 267. Upon the grant to Hun- terdon, it was thought necessary to take the right of electing members from Salem, in order that the proportionate weight of the two divisions of the province might still be preserved.
3 Pitkins' United States, vol. 1, p. 88.
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The successor to the office of Governor of New Jersey and New York, was John Montgomerie, Esq .; he received the seals of office on the 15th of April, 1728. The condition of the pro- vince in regard to its internal interests, continued nearly the same throughout the entire period of his continuance in office.36 But an effort was made with a view to procure an important alteration in the administration of government. The connexion between New York and New Jersey in being included together under one Gover- nor, had been a cause of injury, rather than benefit to the latter. As the smaller province, it had been placed in a kind of dependent relation, and had experienced the evils which such a relation be- tween political societies, frequently brings. The connexion at first had been but reluctantly yielded to by New Jersey, and an entire separation was now desired and sought. In 1728, a motion was made in the General Assembly "whether the having a distinct Governor for New Jersey, be, in the opinion of this House, for the advantage of the province, or not." This motion, after full consideration and debate, was carried, and it was also resolved that a deputation of members (which was at once appointed) should wait upon the Governor and Council, and inform them of the action of the House, and desire their concurrence therein; and also, to request a conference as to the proper mode of proceeding in the case. The deputation were instructed to inform the Gover- nor, that no unfavorable intentions towards him had prompted the action of the House, but only a desire to secure the object in view whenever a new commission should be given. A petition to the King upon the subject was also prepared.37 This application,
* The only legislative enactment of this period requiring notice, was "an act for securing the freedom of Assemblies." By this "freedom," however, it was only meant that the members should not be bound by any engagements in office which might embarrass their action as Legislators. The act provided that if any member should accept of any office of profit from the Crown, or from the Governor for the time being, during such time as he should continue a mem- ber, his election should be void, and a writ for a new election should be issued.
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