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 32
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" The acts particularly desired at this time, related to the regulation of fees, to the limitation of actions in the Supreme Court, to the registering of deeds and other conveyances in the counties, and to securities to be given by Sheriff's
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laws, previous or posterior, to your passing a bill for the support of government, seems to me not very material; nor do I think that your passing a bill for the support of government, is a sufficient reason for me to give my assent to a bill that I do not think rea- sonable in itself; or that your not passing such a bill, is a sufficient reason for me to deny my assent to a bill I think to be so:" Some of the measures of the Assembly, however, were acceded to, bills were passed which received the assent of the Council and of the Governor, concerning the acknowledgement of deeds, and for as- certaining the fees to be taken by the several officers of the colony. But in relation to the latter, a new difficulty arose; the bill was passed with a clause suspending its operation until the pleasure of his Majesty should be known; but the Assembly, with a sort of impatience for the enjoyment of that which they conceived to be sanctioned by justice, and which was allowed by a law of the province, resolved, that the act should be immediately published and applied.8 This course was strenuously resisted by the Go- vernor; he demanded to know of the Assembly, by what authority they ordered an act not in force, to be printed as a rule for the government of the people. The Assembly replied, that they had not assumed any unwarrantable authority; that they only gave an opinion of an act which had passed the three branches of the Legislature, and that they did not think themselves accountable to
for the faithful fulfilment of their duties, and for limiting the period of their service. The latter had become necessary on account of the incautious or in- terested appointments made by the executive. All these would have been highly advantageous to the public interest, and the only ground of objection was, that they were calculated to lessen the influence and power of the principal officers of the province. The desire of his Majesty, in which the Governor ap- peared to participate, to retain the people in strict dependence, and make the province a profitable field for office, excited much discontent, and led the As- sembly to measures which in some instances, may not have been the most pru- dent or proper.
" A resolution was adopted "that the act for ascertaining fees passed by the Governor, Council, and General Assembly, as it has the approbation of the three branches of the Legislature here, ought to have due weight with the judges and all others concerned, and that they ought to take the said act for their rule to govern themselves by, until his Majesty's pleasure should be known, and that the said act be made public for the purpose aforesaid."
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any for their opinion; and that it would not be consistent with the dignity of the House, and the trust reposed in them, to give a further reply. But with this reply his Excellency was by no means satisfied, and his opposition was carried to an extent, that was not to be reconciled with his previous assent to the act. He-re- presented to his Majesty, that it would operate to the injury of the province, the fees allowed therein being so much reduced that persons of character or capacity would not accept of offices in the several courts. The King's refusal of the bill was only delayed for a time, through the efforts of the agent of the province in England, and finally it was disallowed by his Majesty.
Another measure which was deemed important to the interests of the province, was an act for a new emission of bills of credit. The issue of these bills by loans, had been found to be advantage- ous to the people, and the interest accruing thereon had served for the support of the government. But the parent country was ever watchful that the interests of the colonists should be kept subordinate to its own, and a bill had been introduced into Parlia- ment to prevent the issuing of paper bills of credit in the colonies, to be a legal tender in payments; under the pretence that such issues were injurious to English commerce.9 This bill was pend- ing in Parliament. During this time an act was passed by the Assembly for making current forty thousand pounds in bills of credit, but with a clause suspending the operation until his Majes- ty's pleasure should be known. But the act was rejected by the Council on account of the pending prohibition in Parliament. 10
' A copy of this bill being laid before the Assembly, (in November, 1744,) they resolved that it was the opinion of the House that "if the said bill, or any ·of that tendency, should pass into a law, it would not only be an encroachment upon the fundamental constitution of this province, and the concessions made to the first settlers thereof, by his Majesty's royal ancestors, but also destructive of the liberties and properties of his Majesty's subjects now inhabitants of the colony, as also a great discouragement to the further settlement and peopling thereof, which must be vastly detrimental to the trade of Great Britain by les- sening the consumption of manufactures."
1º It ought to be stated, that although the principal ground of the rejection of the act for the issue of bills, was the action that had been taken by Parliament, · yet the Council objected to the plan itself. They said that the raising of money
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There is reason to believe that injury to "English commerce" was not more apprehended than the independence of the Colonial Assemblies. The interest arising upon bills of credit, though generally appropriated to the support of government, was not, in the original acts specifically applied, and therefore was subject to the disposal of the House. Could the amount have been limited so as merely to meet the existing wants of the government, and a specific appropriation of the amount to the payment of salaries have been secured, so as to render the officers of government in- dependent of the Assemblies, other objections to these issues might possibly have been waived. Notwithstanding the threatened prohibition of Parliament, Governor Morris stated, that if the bill had contained a certain indisputable provision for the support of government, "had a sufficient suin been appropriated to the build- ing of a house and conveniences for the residence of the Governor, and places and houses for the sitting of the Council and Assembly, I don't know how far I might have been induced to assent to it, but as none of these things are done or intended, I neither can assent. to it myself, or recommend it to his Majesty."
The meeting of the Assembly was brought to a close by a new disagreement. "At this period concealed hostilities had been car- ried on for some time between England and France, and an open rupture was continually threatened. During the course of the sit- ting, the Governor informed the House that his Majesty's decla- ration of war was made public, and that a necessity existed for putting the province in a state of defence. He recommended that a law should be passed for the better regulation of the militia, and stated that there had been much remissness on the part of officers in attending to their duties. The Assembly afterwards replied, that upon careful consideration of the militia law of the province, they were of opinion, that it made sufficient provision to enable the Governor to give such assistance as the colony could furnish,
in this way, for the public use, was unequal and unreasonable, and fatal to the interests of the people in general, and to the merchant and trader in particular ; that the rich, who ought to contribute most to the public expense, gave nothing, whilst the distressed, and people in debt, sustained the whole load; and that a paper currency was fluctuating, credit being lowest, when the greatest sums of such money were issued.
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and that for any neglect of their duties, the officers were answer- able to the Governor himself. But they said they should always be ready to do their duty in providing means to defray the expense that might be incurred in raising the forces. To a more urgent communication from the Governor representing the necessity of new provisions, a similar reply was returned. An act embracing the particulars which his Excellency supposed to be required, was then prepared and passed by the Council and sent to the Assem- bly; but the House declined to act upon the bill, and prayed the Governor to grant them a recess. A recess was not granted, but a dissolution was ordered. His Excellency said, that he had en- deavoured to show that it was necessary to make some provisions for the defence of the country, and that the Council, sensible of the danger, had prepared a bill which had been sent to the House, but which they had ordered to lie upon the table, a proceeding which was contrary to the duty of the House, and of ill con- sequence to the public. "So far from showing any loyalty to the Sovereign," he said, "it shows the contrary, as well- as a firm resolution not to make any provision for defence, and a want of affection for their fellow subjects."
By the next Assembly, which convened in August, 1744, the course of the former one was fully pursued. They agreed upon a report concerning the state of public affairs in the colony. In this they represented the many endeavours that had been used to form and obtain enactments that were required for the good of the colony, and the opposition that had been made by the Governor, and by the Council. " They complained also of the improper union of offices in the same person, especially, that the Chief Justice should serve at the same time as member of the Council, by which means the distinction between the legislative and judicial duties and powers was destroyed.12
" The Council had rejected the acts for issuing bills of credit; that to oblige Sheriff's to give security and to limit the term of their office; and that for re- newing an act to prevent actions under fifteen pounds from being brought into the Supreme Court.
" The son of the Governor, was Chief Justice of the province, and also one of the Council; and the Assembly illustrated the effect of such an union, by showing its operation in certain cases; that as a member of Council, the individual 44
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The Council defended the measures and the policy complained of by the House. They set forth the reasons by which they had been influenced in rejecting the several bills, and declared in a formal resolve, that they had an undoubted right to reject any bill at any stage of its progress, and that to censure them for so doing, was an attempt to alter the constitution. They also resolved that it was his Majesty's undoubted right and prerogative to assign different places to the same person, and that the duties to be per- formed by the Chief Justice and a member of the Council, were in no wise incompatible.13
At length the division between the branches of government be- came such as to cause a serious obstruction to the course of public affairs. The acts demanded by the Assembly being rejected, the grants for the support of the government were greatly re- duced, and finally were entirely withheld. A period of nearly two years was passed in various attempts to effect a compromise of interests and views ; but the entire contrariety of aims, and the mutual distrust of the parties, prevented an accommodation, and the death of the Governor which took place in May, 1746, put an end to further endeavours.
The administration of Governor Morris entirely disappointed the expectations that had been formed from his previous course, and it was scarcely : ne fortunate for himself, than for the pro- vince. It subjected him to reproachful imputations, and changed the feeling of gratitude that had formerly existed toward him, into
. might prevent the passage of such an act as that to limit actions in the Supreme Court, because as a member of the court, he might be desirous to extend the jurisdiction of that court ; and it seems to have been supposed that such had been the case at the present period. It was also stated, that as causes might be taken from the Supreme Court, to be tried before the Governor and Council, the same person would still sit as judge, and thus the objects of a removal might be defeated.
13 The example stated by the Assembly as to the inconsistency of the two offices, was noticed in part by stating, that a member of Council was precluded by a positive regulation from reviewing a case which he had before decided upon as a Judge. To this the Assembly replied, that if such was the case, it had not before been so well understood; they also said, that they had not denied the prerogative of the Crown, or the rights of the Council, but only the modes in which these powers and rights had been exercised.
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one of resentment. Perhaps his change of position was not suf- ficiently considered; and such a change should mostly be avoided by those who are careful of peace or reputation. It is certain, however, that in the discharge of his office, he manifested a dis- position rather to uphold the arbitrary pretensions and demands of the Crown, than to favor and defend the interests of the colonists. 14
Upon the death of Governor Morris, the administration of go- vernment devolved on John Hamilton, Esq., the eldest member of Council. Though the war which existed between England and France had arisen chiefly on account of occurrences in Europe, it extended in no long time, to the American colonies belonging to the respective parties. The national jealousy of the colonists had been sharpened by an active competition in trade, and par- ticularly in endeavours to command the fisheries on the coast. This trade was of the greatest importance, and the attempts of the French, after the commencement of the war, to acquire possession of some of the principal stations, alarmed and aroused the English colonists.
. In 1745, an expedition was projected by Governor Shirley, of Massachusetts, for the reduction of the settlements of the French at Cape Breton, and especially, for the conquest of Louisburg, the capital. Commodore Warren, the English commandant on the coast, declined to concur in the attempt, without express directions from the Ministry. But an armament was prepared through the . steady exertions of Shirley, and was placed in the command of Pepperel, an eminent merchant, and a Colonel of the Massachu- setts militia. The squadron set sail, and afterwards was joined by the English forces. The undertaking was entirely successful; after a seige of two months, Louisburg was reduced, and was sur- rendered to the English Crown.15 Encouraged by this success,
" Among other events of his administration, the erection of a new county should be mentioned. It was established in March, 1738-9. It was taken from Hunterdon, and received the name of the Governor, being called Morris.
" The capture of Louisburg was strictly American, and- in fact, a New England enterprise. The plan was laid before the Legislature of New Jersey, but the House declined to concur in the attempt at the time, being entirely des- titute of vessels, and doubting the propriety of proceeding without the approval of the King. But upon being informed that Louisburg was actually beseiged,
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an extensive plan was formed by the English Ministry, at the in- stance of the colonists, for the reduction of the whole of the French . possessions in America. Instructions were given to the several Colonial Governors, directing the mode to be pursued in furnish- ing men and supplies. In July, 1746, these instructions were laid before the Legislature of New Jersey by the acting Governor, Hamilton ; and an enactment was passed to encourage the enlist- ment of five hundred men, and to provide for their subsistence and transportation. The amount of interest in the treasury was ap- propriated to the purpose, and an issue of ten thousand pounds in bills of credit was ordered. The Assembly declared that they were "heartily desirous to do all in their power in support of his- Majesty's interest." A similar disposition was shown by the rest of the colonies. But the event of this movement was by no means answerable to the extent of preparation. The measures of the British Ministry were so tardily and feebly pursued, as almost to warrant the suspicion that no anxiety was felt to relieve the colo- nists from the dangers with which they were threatened. 16 The pacific proceedings that followed were of a similar character. By the "inglorious" treaty of Aix la Chapelle, which was concluded in 1748, the principal advantage already secured was relinquished, and no one of the grounds of dispute or complaint was fully re- moved. Louisburg was surrendered to its former possessors ; the right of English vessels to immunity from search and detention, which had been a principal cause of difficulty between England and Spain, was scarcely noticed in the treaty; and the limits of the respective colonial possessions of England and France, in America, remained unsettled, to be determined at a future period by a resort to arms.
and with his Majesty's approval, the House unanimously voted that two thou- sand pounds of the interest money then in the treasury should be transmitted in provisions, to the American forces.
" Some American politicians believed that the British Ministers had become jealous of the daring and enterprising character of the colonists, and were secretly not averse to the continuance of the restraint which the neighbourhood of the French imposed. The conduct of the Ministry at this time gave some reason for such a belief, and but for the change that afterwards occurred, the opinions of the few, would no doubt have been generally adopted, and would have given rise to much dissatisfaction in the colonies.
BELCHER'S ADMINISTRATION. 349
At the demise of President Hamilton, in 1747, the administra- tion of government in New Jersey devolved on John Reading, Esq., the next eldest Councillor, but very soon afterwards, a commission was given to Jonathan Belcher, Esq., appointing him Governor of the province. The conduct of this officer was prudent and conciliating ; and calculated to compose the differences which had formerly existed. He seldom opposed the measures of the As- sembly, except when acting under positive instructions from his Majesty. During his administration, several of the laws which had been 'rejected in the time of Governor Morris, were allowed, and others which had been enacted for a limited period, were re- newed and continued. The law for limiting actions in the Supreme Court was re-enacted, and another was passed for the regulation of fees.17 In the latter, the amount was prescribed to be taken in specified cases, by the Governor, by Justices, and other officers of courts, by Juries, Lawyers, and witnesses, and by all persons engaged in the services of the Assembly, or in the offices of record. This act was confirmed by the Royal assent. Whilst the concessions just mentioned had tended to unite the branches of the. government, and bring them into nearer union, other cir- cumstances arose, to disturb the quiet of the province. The ancient dispute concerning the titles of land, which at carlier periods had been the cause of so much confusion and strife, was once more revived. Large portions of land were held which had been acquired by irregular purchases from the Indians, in disre- gard of proprietary rights ; and the claimants under the laws of . the province had not been able to recover the property, or to compel the payment of quit rents. But at this period the pro- prietary titles to extensive portions of land, fell into the hands of individuals who were possessed of authority and influence, and who were disposed to enforce their claims. 1 Writs of ejectments were issued, and suits for the recovery of quit rent were com- menced against many of the settlers. The defendants, forming a large portion of the population of some of the counties associated
" Allinson's Laws, p. 159.
18 These persons were Robert Hunter Morris, the Chief Justice, James Alex- ander, the Secretary of the province, with other prominent individuals.
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together, and resolved, that whatever might be the decision of law, they would maintain their possession. Individuals who had been decided against in the courts and committed to prison, were re- leased by force. For a time the laws became powerless. The Governor and Council viewing the proceedings as most serions offences, not only endeavoured to sustain the courts in the admin- . istration of existing laws, but recommended to the Assembly the passage of an act with most rigid provisions, for the prevention of all assemblages that should appear of a riotous character. But this recommendation was not acceded to; the Assembly apparently regarding the case as not of so aggravated a nature, or supposing that other and milder measures would be more effectual. Memo- rials and counter memorials upon the subject were presented to the King. The Council of Proprietors, whose interest it was to sustain the proprietary claims, represented to his Majesty, that the people had combined together to subvert the government, that they had refused to submit to the laws, and had erected pretended courts of justice for themselves, and that the Assembly refused to grant the necessary aid to enable the executive officers to maintain their authority. The Assembly set forth, that the original divi- sions and sales of land had been so made as to give rise to op- posing claims; that the present parties were a number of poor people on the one part, and some of the rich, understanding, and powerful on the other; and that the latter were harrassing the people by a multiplicity of suits, which had excited general un- easiness, and threatened to be productive of the greatest distress, and the more so as most of the officers of the province were sup- posed to be connected with the claimants in the suits. These representations of the Assembly had but slight bearing upon the matter really in issue. It is not improbable that the claimants in the cases in question were disposed to urge their advantages with but little forbearance ; yet the opposers of the proprietary rights were known to have acquired their claims, and to have continued in the enjoyment of property by a violation of law, and if they suffered in consequence, it could only be regarded as the result of -an improper and unauthorized proceeding. In any case, their forcible resistance of law in mere anticipation of injustice, was wholly indefensible. Yet to a great extent, the object of the in-
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surgents was attained. Their combination enabled them to put at defiance the civil authorities, and the sympathies of the Assem- bly deferred a resort to the military arm. By this temporising policy, the strict demands of justice were sacrificed, but peace was preserved. Some of the rioters became sensible, if not of the im- propriety of their course, at least of the danger they incurred, and petitioned for pardon; others refrained from open opposition to the public authorities, but continued to retain their private posses- sions .- Two acts were finally passed by the Assembly which terminated the protracted dispute. One of these was an act to pardon persons who had been guilty of riot. It prescribed that as some of these persons, conscious of their guilt, had presented petitions to the House praying their supplication with the Gover- nor on behalf of the offenders, a free pardon was "hereby" granted to them. The other act provided for the suppression and prevention of riots, tumults, and disorder in the province.
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A difficulty of another description occurred at this period. It arose in relation to a bill to determine the value of taxable property in the several counties, for the purpose of apportioning their respective quotas. The bill prepared by the Assembly, included all profit- able tracts of land held by patent, deed, or survey, whereon any improvement was made. This was objected to by the Council. . They urged that it was contrary to the royal instructions which prohibited any tax upon unprofitable lands, and that the restriction or definition of the bill, limiting its operation to lands whereon an improvement was made, was so vague and uncertain, that large portions of lands might be included that were wholly unproductive. But the Assembly adhered to their bill. It was probably their object, at a time when the resources of the province were limited, and some of the usual means of relief had been denied, to reach a portion of the lands that had hitherto been exempted from taxa- tion under the general provisions of the royal instructions. The Council, as executive officers, were disposed to maintain these instructions in their fullest extent; and it was also suspected that as large proprietors themselves, some of the body were directly in- terested in opposing an extension of taxation on land. Neither party would yield, and as an assent to the "Quota Bill" was demanded by the Assembly as a preliminary to any grant for support, the
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