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 31
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" In this petition it was represented that his Majesty's loyal and dutiful sub- jects, the Representatives of the province of New Jersey, contided in his Majes- ty's care, and in his desires for their advantage and prosperity; that the people of New Jersey had been placed under the same Governor with his Majesty's
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though not attended with entire success, may be supposed to have opened the way for other, and more effectual attempts, at a subse- · quent period.
After the death of Governor Montgomerie, which occurred in July, 1731, Lewis Morris, the President of Council, administered the government until the 1st of August, 1732, when William Cosby, Esq., arrived in the province with the commission of Go- vernor. The General Assembly met on the 26th of April, 1733. An interchange of amicable expressions took place between the new, functionary and the legislative body. At an early period a desire was manifested by the Assembly, that some fuller provision should be made in relation to the meetings of the Representatives. The extended periods between the meetings of the Assembly, as well as the periods between elections, had been much complained of by the people. An act was therefore passed for the frequent meeting and calling of the Assembly, and for the alternate sitting thereof.35 It provided for the meeting of the Assembly at least once in three years, alternately at Burlington and Perth Amboy, and for triennial elections. This act was assented to by the . Governor and Council, but it was afterwards rejected by the King. The particular grounds of the rejection are not stated, but a similar enactment in New York was disallowed, because of its being, as it was said, a high infringement upon the prerogative of the Crown. Other enactments of the present Assembly failed in a similar man- ner. The rejection of three acts that had been passed in the time
province of New York, which had been attended with many disadvantages; that the government of New York had taken up so much of the Governor's time that but a small part could be given to New Jersey; and that applications to him could not be easily, and sometimes not seasonably, made. That the principal . officers were frequently officers also of New York, on which account they were less useful in their respective places in the province, and also that the monies they received for salaries, which was drawn from the province, was elsewhere expended. It was also represented, that though it might formerly have been thought too great a burden for the province to maintain a Governor, the people were now willing to support a Governor amongst themselves, and the petitioners prayed that such an appointment might be made.
Smith's New Jersey, p. 421.
* Votes, vol. 1.
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of Governor Hunter, has been noticed. The object of these laws was considered of so much importance in the province, that its attainment was again attempted. Acts were passed for shortening law suits and regulating the practice, and practitioners of the law and other officers ; concerning the acknowledgment and registering of deeds, and other conveyances in the several counties ; and for the enforcement of an ordinance regulating fees. These enact- ments would have operated much to the convenience and ad- vantage of the people, but would have been injurious to the interests of certain officers appointed by the Crown, or the Gover- nor. With some amendments, (to which the Assembly agreed,) these acts were passed by the Governor and Council. But they were afterwards rejected by his Majesty.
Although concurrence in action had been maintained to a degree, between the different branches of government, yet in point of union and feeling, the relations between them were by no means close. Beside that the proceedings of the Assembly in the particulars noticed, were not entirely approved by the Governor, the House adventured upon a representation to him, concerning the appoint- ment of the Council. They said " they were humbly of opinion that it would be of great benefit to this province, that the gentlemen of his Majesty's Council should be of credit, estates, and abilities, constantly resident, with their families within the province ; to the end they might be acquainted with, and concerned for the interest thereof."39 The Governor somewhat briefly replied, that he would take care concerning the matters mentioned, and observed, that he thought no Governor would recommend any to be of his Majesty's Council, but such as were men of credit, estates and abilities. The long continuance of the sitting of the Assembly, beside the character of their measures, was disapproved by the Governor, and whilst the business before them was yet unfinished, (some of the bills just mentioned being yet pending.) he thought proper to order an ad- journment; he adverted to the great expense that was incurred; expressed his dissatisfaction that no provision had been made for his support, and that they had yet done so little for the good of the
" The members of Council and the principal officers of the province frequently resided in New York, and much inconvenience was experienced in consequence.
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province. "A small recess," he said, "and the opportunity of consulting with your constituents, may better prepare you for the despatch of business." It is possible that the " small recess" may have had an effect upon the despatch of business. After the completion of the measures that had been entered upon, an en- actment was made for a new emission of bills of credit to the amount of forty thousand pounds, and a bill was passed for the support of the government, for the period of three years; five hundred pounds per annum was given to the Governor.
Governor Cosby continued in office until his demise, which occurred in 1736.
At that time the application for an entire separation from New York was again presented to the King. A petition was offered in the name of the President, Council, the Speaker and some of the members of the House of Assembly, on behalf of themselves and others of the inhabitants of the colony. The Grand Jury too, returned to serve for the Supreme Court of Judicature, presented a similar petition.40 These petitions, which were presented by the agent of the colony, were referred to the Lords of trade, for their consideration and advise in the case. During the pendency of the application, the administration of the government of the province devolved on John Anderson, the President of the Coun- cil, and his death occurring very soon afterwards, the direction of
" The petition of the Council and Assembly was dated May 11th, 1736. They stated that upon the surrender of the government to Queen Anne, the . proprietors and inhabitants had reason to hope that the Governor then ap- pointed would have been distinct from the person appointed for New York, but to the great disappointment of the colony, the same person was appointed for both, which mode has continued. That the great value of the government of New York had induced the Governor to prefer that province for his residence, and also in many instances to prefer its interests, to the prejudice of New Jersey; that great delays had occurred in the management of the government, and in the administration of justice. And they stated that the people of his Majesty's province of New Jersey, were equally willing and able to support a distinct Governor as many of the neighbouring colonies. They therefore prayed that his Majesty would be pleased to commission a person to be their Governor, dis- tinct from the person to be appointed Governor of New York. The petition of the Grand Jury was dated on the same day as the other, and was very similar in tenor.
Votes and State Papers, vol. 1.
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affairs was assumed by John Hamilton, Esq., the next member of the Council. The latter continued at the head of the govern- ment for nearly two years, when a Governor of New Jersey, distinct from New York was appointed.
The Lords of trade having considered the applications referred to them, reported, that they were of opinion that his Majesty should comply with the prayer of the petitioners for a separate Governor.41 Accordingly, in 1738, a commission was given to Lewis Morris, Esq., appointing him Governor of New Jersey.
" Their report was dated August 5th, 1736.
. CHAPTER XVII.
MORRIS', HAMILTON'S, AND BELCHER'S ADMINISTRATIONS .- THE FRENCH WAR .- CHANGE OF GOVERNORS.
GOVERNOR MORRIS had been active in procuring the separation from New York. He had also held important places and had performed the highest services in New Jersey. The appointment of such an individual to the chief place in the government, together with the separation of the province from its former embarrassing connexion, were regarded as circumstances highly favorable to future prosperity. Under the new organization, some change took place in one particular in the action of the government. The Council were made a separate branch of the Legislature ; the Governor refraining from immediate participation in any measure relating to Legislative proceedings.1 The General Assembly con- vened on the 27th of October, 1738. In an address made by the Governor to the Council and Assembly, he spoke of the indulgence of his Majesty in allowing the province to be separated from New York, and in appointing a person to the government whose conduct was well known to them. He recommended with some urgency, that the support of the government should be provided for, in a manner corresponding with the assurances that · had been given as to the dispositions and the ability of the people. He stated in general terms, that he should be willing to give his assent to all bills that were proper for his approval, and others, he hoped, would not be proposed. The Assembly acknowledged
"The Governor had formerly presided in the Council when considering and acting upon laws. He now entirely withdrew. The change, however, was chiefly one of form. The Governor retained the same authority in rejecting laws as before. Yet although the respective spheres of action of the Governor and Council may have continued almost the same in extent, a greater degree of freedom of action may have been gained by the Council, and an addition of dignity by the Governor, in consequence of the change.
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in terms of much warmth, the favor that had been shown by his Majesty, both in granting a separate Governor to the province, and in the appointment of the person. "The Governor," they said, " was a person well known to ourselves to be eminent for his great skill in affairs of government, which we more than once have had experience of; and from his knowledge of the nature and constitution of this province, and other advantages of learning, if his inclinations and endeavours to promote our welfare bear any proportion to his abilities (which we have no reason to doubt,) is every way qualified to render us a happy and flourishing people." The Council also replied with similar expressions; they stated also the satisfaction that was felt on account of their separate and distinct establishment as a part of the Legislature of the province.
But the future course of proceeding was not entirely answerable to this auspicious beginning. It was probably supposed by the Assembly that the circumstances of the time were particularly favorable for securing and for the extension of popular privi- leges and rights, and their measures were taken accordingly. But the Governor exhibited in the discharge of his new responsibilities and duties, the same intractable and resolute temper that had formerly been shown, when acting with the people. Hence entire unanimity was not long maintained. Several measures which had been formerly agitated, were again brought forward in the Assem- bly. Bills were introduced for the more frequent election and meeting of Representatives in the General Assembly; for shorten- ing law suits, and regulating the practice and practitioners of the law; and for recording deeds in each of the counties. These embraced the substance of enactments formerly passed, but which had been rejected by his Majesty. An application was also made to the Governor praying him to regulate a table of fees, in order that the same might be passed into a law. Some of these bills (with amendments by the Council,) were finally passed by the Legislative authorities, but the assent of the Governor was with- held. Concerning the petition for the regulation of fees, his Ex- cellency said, that he would consult with the Council, "and do all that was reasonable therein." After some delay, a bill for the support of the government was agreed to by the Assembly. It provided for the appropriation of one thousand four hundred and
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fifty pounds per annum, for three years, out of the interest accru- ing upon bills of credit. Of this amount, one thousand pounds per annum was granted to the Governor, to whom also a specific grant of five hundred pounds was made in-consideration of his services in obtaining the separation of the province from New York, and sixty pounds yearly for house rent. The salaries of the other public officers were also determined.2 But this provision was by no means satisfactory to the Governor. It was, he said, less ample than might have been expected, from the promises made to his Majesty, and the circumstances of the province ; that the salaries were too scanty for the services required; that some officers had been entirely omitted, and that no provision was made for incidental expenses.3 The course of the House was so little in accordance with his Excellency's views, that he determined to. dissolve them, which was accordingly done on the 15th of March. In his address on the occasion, he reviewed the proceedings of the House, particularly in reference to the bill for the support of government, and expressed himself in language .more harsh and imperiou's, than even a strong sense of his duties and his riglits could possibly have required.
The session of the next Assembly commenced on the 10th of April, 1740. The Governor set forth to the new Assembly the errors and delinquencies of the former one . " I suppose," he said, "you are wiser than to believe that if the Council and Assembly pass a bill, that by their doing so I .am under any obligation to pass it into a law, unless I am satisfied that it is reasonable and fit for me to do so; because that would be altering the present con-
a To the Chief Justice was given one hundred and fifty pounds, to the second Judge, forty pounds, the Attorney General, forty pounds, each of the Treasurers forty pounds, and other officers proportionably.
3 The Governor was displeased, not only with the amount of the grant, but also on account of the manner of making it. The bill had been long delayed, and a motion for the specific grant. to the Governor had at one time been re- jected by the House, upon which occasion a positive and rather harsh commu- nication was made by him. The statements made as to his services in the busi- ness, or a truer sense of justice, afterwards induced the House to agree to the grant, but his Excellency seems to have received an unfavorable impression as to the intentions of the House.
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stitution and rendering tlie Governor a nominal, rather than a real . part of the Legislature. And I hope you are more honest than to deny, or render uncertain and precarious, the support necessary for the government to have, or to attempt by that or any other method or art, to constrain the Governor to pass any bill into a law that he should conceive not fit for you to have, or him to as- sent to."4 A second opportunity was now given, he said, for serving the country by passing such laws as. were necessary, or amending those that were defective.
The reply of the House manifested very distinctly, a disposition to vindicate the course of the former Assembly, and contained some pointed reflections upon the conduct and expressions of the Governor. They "sincerely sympathized" with his Excellency and the people of the province, upon the disappointment caused by the failures of the former House. But it appeared to them, they said, that progress had been made by the Assembly in preparing such bills as were greatly needed, and much desired in the pro- vince, but why thesc bills had not become laws, they would not pretend to determine. They were never tempted to believe, they said, that the Governor was under any obligation to assent to a law that he did not approve; but suggested that the defects of such as were presented to him might be pointed out to the Assembly or the Council, in order that they might be reconsidered and · amended. They were grateful, they said, for the opportunity that was given, to use their endeavours for the welfare of the province. At an early period some of the bills of the former session were again taken up, and others were introduced of a similar tendency. The bill for the frequent meeting of the Assemblies was modified "by: proposing the septennial election of Representatives, and in that form was passed by the House. No decisive action had been taken by the Governor upon the application to regulate a table of fees, but a bill for this purpose was prepared by the Assembly.
. A suspicion here seems to be intimated that the tardiness of the former Assembly in passing the bill for the support of government, arose from an inten- tion to coerce the Governor into an agreement to the measures brought forward in the House. These measures indeed were acted upon in advance of most other matters, but this their importance would warrant.
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A bill was also introduced to limit the action of the Supreme Court, providing, that no action under fifteen pounds should be taken into that court.5 But no further point was reached toward the attainment of the objects sought by these several enactments that had been gained by the proceedings of the former Assembly. The difficulties between the Assembly and the Governor were further increased at this period, in consequence of the introduction of a subject connected with the foreign relations of the province. A quarrel had occurred between England and Spain, on account of occurrences in their American possessions, and in 1739 a decla- ration of war was made. On such occasions the English colonies were not forgotten by the mother country; their co-operation was mostly promptly required, and mostly was promptly rendered. The demands of his Majesty for a number of troops and for sup- plies from the colonies, were communicated to the Assembly by Governor Morris, and speedy compliance was urged. But the House was then desirous to adjourn, and permission was solicited for a short recess, which it was thought might not be inconsistent with a proper attention to the measures proposed. His Excellency professed a willingness to accede to the request of the House, but conceived that it could not be done consistently with his Majesty's directions, and insisted upon immediate action; he stated, however, that when he should see "effectual and proper resolutions entered into, upon which I can depend," the wishes of the House should be considered. A refusal so ungracious in itself, and so ungraci- ously made, was not well calculated to forward the object in view. But the necessary measures were taken by the Assembly; a
$ A very large portion of the judicial business of the province was transacted in the Supreme Court, and this circumstance, with the want of a regulation of fees by law, exposed the people to inuch inconvenience as well as exaction. But his Majesty and the Governers were desirous, rather to extend, than to lessen the in- fluence belonging to the principal places and offices, in order that the province might be kept under closer control; Governor Morris said, that the bill for limiting actions in the Supreme Court was not "at present convenient for his Majesty's service, or beneficial for the inhabitants, but rather otherwise." The act for the septennial election of Representatives, he said, "I do not take to be a right you are entitled to, but a favor, which a suitable conduct in you can only induce his Majesty to grant, or me to recommend to his Royal consideration."
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bill was passed for procuring supplies, and for giving currency to two thousand pounds in bills of credit, to defray the expense. But these bills were to be sunk by an appropriation of the interest . money to be received in the treasury, a mode of proceeding which was strongly objected to by the Governor. He insisted, that ac- cording to the act under which the interest money was raised, · such money could only be appropriated to the support of govern- ment, and that he was ordered by his Majesty, not to pass any law whereby his revenue might be impaired or lessened, without his Majesty's special permission. His Excellency therefore caused - a bill to be drawn and to be submitted to the House, in which it was said, "the same ends are proposed," but which was so ex- pressed as to save the claim of the Governor in relation to the disposal of the revenues. But the bill submitted to them was re- jected by the Assembly, and they declared, that they conceived the bill they had passed, was " sufficiently worded to answer the ends proposed by it."'6
The attempts of the Assembly to procure the passage of the several bills which were deemed important to the interests of the, province, were continued at every session ; and an inclination was shown to make the passage of these enactments, a condition of.the support of government. In 1741, though the amount before granted was given to the Governor, and some increase was made in the allowance to other officers, the provision was limited to the period of one year. In 1742, a bill was introduced for the sup- port of government, to which a clause was attached "for ascer -. taining the fees to be taken by the several officers therein." By a vote of the House, in committee of the whole, this clause was finally stricken from the bill, and the support was given without any condition. Yet the attempt was significant, and the rejection. of the clause was supposed to be owing, in part, to a fear that the House might be dissolved by the Governor, rather than to a change of opinion upon the subject. These measures were strongly reprobated by the Governor; he not only refused his assent to the bills that were presented, but resolved upon dissolv-
. The Colonial Governors constantly endeavoured to hold the public revenues under their special direction, whilst the Assemblies sought to extend their control.
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ing the House. In an address at the time he stated, that the acts which were offered for his approval were the same in substance with those which had formerly been disallowed by his Majesty, and that he had been specially instructed not to re-enact any law to which the assent of the King or his predecessors had once been refused, without express leave for that purpose first obtained. " With what view," he said, "my assent was desired to acts dis- allowed by his Majesty, and that even without a suspending clause according to the instructions well known to you, unless it was to expose me to just censure for giving such assent, I leave to be determined by all indifferent persons. I hope my not assenting . to laws I am not empowered to assent to, will not be called a fault, but on the contrary, a strict adherence to duty, which by God's assistance, nothing shall intimidate me from doing. And what was the intent of those strong endeavours to annex a fee bill to the bill for the support of government, (a bill to which you · would never suffer an amendment to be made,) unless it was to force the passage of the. fee bill without any amendment? It is true, the attempt did not succeed, and I thank you for what is done for the support of the government, (though not sufficient,) but it may not be unworthy of your notice to observe, that this fee bill, whatever title or form you may give it, if it be of the same nature of that which has twice been repealed, it will not be difficult to say what will be the success of it, or the sentiments of his Majesty's Ministers concerning it."
The decisive tone of the Governor did not prevent the Assem- bly from a renewal of their efforts. The next Legislature declared that they supposed his Excellency had been commissioned for the welfare of the province, and that they should proceed to lay such laws before him as they thought might revive it from its sinking and distressed condition; and that his assent to these, previous to the passing a bill for the support of government, would be re- garded as a demonstration of his Excellency's good inclinations toward the people." The Governor replied that "the passing of
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