USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 16
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A subsequent session of the same House, was holden at Crosswicks," in consequence of the small pox being at Burlington, at which sixteen public and private bills were enacted. The next session commenced on the 8th of April, 1718, but continued a few days only ; being adjourned by the governor, at the request of the House, to the following January, a less inconvenient season of the year; when, also, many acts were passed; among which were, one for ascertaining the division line betwixt New Jersey and New York, and
the Swedish traveller, Kalm, that Great Britain " was not earnestly disposed to drive that power from the continent, preferring to retain it as a check upon the colonists, whois they feared, would otherwise become powerful and independent."
October 3d, 1716.
Vg
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another for running the line between East and West Jersey. The commis- sioners under the first act, fixed the northern station point, on the 25th July, 1719, in latitude 41° 40', in the manner we have already stated. But nothing was done under the act for determining the line between the East and West Jersey proprietors.
XV. This was the last session of the Assembly during Governor Hunter's administration. He had grown tired of his residence in America, or was called, thence, by his affairs in Europe; expressing his intention, however, with his Majesty's permission, to return. He left New York on the 13th of July, 1719, and on his arrival at London, exchanged liis government with William Burnet, Esq., son of the celebrated bishop of that name, for his office of comptroller of the customs. Perhaps none of the colonial governors have carned a more excellent or more merited reputation than Brigadier Hunter. Preserving all the firmness which the dignity of his station re- quired, and maintaining the royal authority in full vigour, he conciliated the people of both provinces, in a very remarkable degree, and obtained from both, in the form of legislative resolves, the most enviable testimo- nials.
The last New Jersey Assembly declared to him in their Address, " Your administration has been a continued series of justice and moderation, and from your past conduct, we dare assure ourselves of a continuation of it; and we will not be wanting in our endeavours to make suitable returns, both in providing a handsome support of the government, and of such a con- tinuation as may demonstrate to you and the world, the sense we have of our duty and your worth." The Legislature of New York addressed him thus-
" Sir, when we reflect upon your past conduct, your just, mild, and tender administration, it heightens the concern we have for your departure, and makes our grief such as words cannot truly express. You have governed well, and wisely; like a prudent magistrate-like an affectionate parent ;- and wherever you go, and whatever station the divine Providence may please to assign you, our sincere desires and prayers for the happiness of you and yours, shall always attend you. We have seen many governors, and may see more; and as none of those who had the honour to serve in your station, were ever so justly fixed in the affections of the governed, so those to come will acquire no mean reputation, when it can be said of them, their conduct has been like yours. We thankfully accept the honour you do us, in calling yourself our countryman; give us leave, then, to desire, that you will not forget this as your country, and if you can, make haste to return to it. But, if the service of our sovereign will not admit of what we so earnestly desire, and his commands deny us that happiness, permit us to address you as our friend, and give us your assistance, wlien we are oppress- ed with an administration the reverse of yours."
Like all other men, who have been in any way remarkable for political success, Governor Hunter selected his associates and agents, with much judgment; and instead of forcibly opposing the public will, songht, suc- cessfully, by gentle means, to guide it. In New Jersey, Colonel Lewis Morris, a popular favourite, and chief justice, was his principal adviser; and in New York, he was sustained by that gentleman, and by Messrs. Robert Livingston, De Lancy, and others, of high character, and influence. The province of New Jersey gave him a salary of £600, per annum; com- monly, by acts limited to two years. The whole expense of the govern- ment, about £1000, per annum, was raised by a levy upon real and per- . sonal estate, by an excise on wines and spirituous liquors, and a duty on
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the importation of Negro and Mulatto slaves-the last, laid, probably, as much with design to prohibit the traffic, as for the sake of revenue. The extraordinary expenses, such as those for the military expeditions, were met by bills of credit, or loans, payable from the surplus of the ordinary reve- nue. The debt of the province at this time, amounted to eight thousand pounds.
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CHAPTER VII.
Containing Events from the arrival of Governor Burnet, to the Death of Governor Morris, 1719-1746 .- I. Governor Burnet-Notice of his Character .- II. Meets the Assembly-Proceedings .- III. Paper Currency-an Account of its Rise and Progress .- IV. Bill proposed against denying the Trinity, &c .- V. Governor Bernard removed to Massachusetts .- VI. Is succeeded by John Montgomery- . His Administration .- VII. Death of Colonel Montgomery, and Presideney of Colonel Lewis Morris-Arrival of Governor Cosby-Harmony of the Province during his Administration-His Death .- VIII. Presidencies of John Anderson, and John Hamilton, Esquires .- IX. Lewis Morris, Governor of the Province of New Jersey, it being separated from New York-Gratification of the Province .- X. He ceases to meet the Council, in Legislation .- XI. Salaries of Officers .- XII. Unpopular Conduet of Governor Morris .- XIII. War with Spain-Aid required by Great Britain, from the Colonics-promptly afforded by New Jersey -Further disputes between the Governor and Assembly .- XIV. Disingenuous Conduct of the Governor, relative to the Fec Bill .- XV. Opposes the views of the House, on the Bill relative to the Paper Curreney-on that, circumscribing the Jurisdietion of the Supreme Court .- XVI. Assembly refuse to provide for the Salaries of the Public Officers .- XVII. Efforts at Accommodation-defeated by the discovery of the duplicity of the Governor-Death of Governor Morris- John Hamilton, Esq., President .- XVIII. Biographical Notice of Governor Mor- ris .- XIX. Application made by his Widow, for arrears of Salary-refused.
I. Governor Burnet, as we have already observed, was a son of the cele- brated Bishop Burnet, whose piety and erudition, but more especially, whose zeal and activity, for the revolution and protestant succession, in Great Britain, has rendered his name illustrious in English story. The son was a man of sense and breeding, a well read scholar, and possessed a sprightly and social disposition, which his devotion to study restrained from excess. He cherished, successfully, the arts of popularity-had none of the moroseness of the scholar, but was gay and affable, avoiding all affectation of pomp, and mingled freely with the reputable families of his government, paying great attention to the ladies, by whom he was much admired. His fortune was very inconsiderable, and had been impaired by adventuring in the South. Scu scheme; yet, he was not avaricious, nor importunate, as most colonial governors were, with the people, for a permanent salary .* His intimacy with Mr. Hunter, enabled him, before his arrival, properly to appreciate both persons and things in the province, and thus to obtain many of the ad- vantages of experience. He connected himself closely with Mr. Lewis Morris, and with Dr. Colden, and Mr. Alexander, men of learning, good morals, and sound judgment. Mr. Hunter had recommended to him all his former friends; and few changes, consequently, were made in the colonial offices.
II. Governor Burnet met the Assembly of New Jersey, soon after his arrival. The session was short, little business was done, and the House being soon after dissolved, writs were issued for a new election. In this respect, the governor's policy, in New Jersey, differed from that which he
* " Whether an alteration in sentiment, or instruction, or both, was the cause, must be left to conjecture; but while governor of Massachusetts Bay, his condnet was different; there he insisted for several years with the greatest firmness, for an in- definite support, and pursued it through the plantation board, and privy council, to the Parliament, when his death prevented its coming to a conclusion."-Smith's New Jersey.
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pursued in New York ; where he continued the Assembly, which he found existing at his arrival, until the people, apprehensive that their representa- tives might be corrupted, by executive favour, clamorously demanded a dissolution.
The new Assembly met early in the spring of 1721, and chose Dr. John Johnson, of Amboy, their Speaker. The House continued in being, during the whole of the administration of Governor Burnet, until December, 1727; changes being made only in the Speakers; first, consequent on the illness of Mr. Johnson, when Mr. William Trent was chosen; and again on the death of Mr. Trent, in 1725, when Mr. Johnson was re-elected .*.
III. The most remarkable acts of this Assembly, were, that for the sup- port of government, in which the salary of the governor was fixed for five years, at £500 per annum; and that, authorizing the issue of £40,000, in bills of credit, with the view, principally, of increasing the circulating medium of the colony. The country, as the preamble to this act sets forth, had been wholly drained of a metallic medium of exchange, and was without any means of replenishment; inasmuch, as the neighbouring colonies of New York and Pennsylvania, to which its produce was exported, had no other than paper currency ; and as this was not a legal tender, in the payment of debts, in New Jersey, much vexation and embarrassment of trade, was pro- duced. The payment of taxes was occasionally made, in broken plate, ear- rings, and other jewels; and the law authorized their payment in wheat.
The expedient of paper currency had been long since resorted to by Massa- chusetts, New York, and South Carolina; but in these provinces, its benefits had been decreased by the want of due provision for its redemption, and by over issues. In Pennsylvania, the measure was introduced in 1723, by Go- vernor Keith, with signal success. New Jersey wisely adopted in the same year, the plan of the last, which preserved her currency from much deprecia- tion. Yet, as from the limited nature of her trade, it was less convertible into gold and silver coin, than that of the adjacent colonies, it was, at times, at a discount in Philadelphia and New York. Small amounts had already been issued to meet the expenses of the Canadian expedition, but the bills on these occasions, were in form, treasury notes, based on the faith of the state, and redeemable by taxation only.
Forty thousand pounds in such bills, in value from one shilling, to three pounds, were issued by the government to borrowers, on the pledge of plate, or real estate, at 5 per cent per annum. Loans on plate were made for one year, and on lands, lots. houses or other valuable improvements, for twelve years; the applicant deposing that the estate offered, was held in his own right, and had not been conveyed to him for the purpose of raising money on loan for others; and that it was free from all incumbrance. The amount loaned to any individual was not less than twelve pounds ten shillings, nor more than one hundred pounds, unless there remained bills in the hands of the commissioner, six months after issue; when two hundred pounds might be loaned, to be repaid in twelve annual instalments, with the in- terest ; or the whole, at any time, at the pleasure of the borrower. In de- fault of payment, for thirty days after any instalment became due, the mort- gage was to be foreclosed. All bills thus paid in, were to be destroyed, or when prematurely paid in, to be loaned to others. The whole sum was spe- cifically apportioned to the counties, in which, loan-offices were established, under commissioners named in the act, and created a body politic. The bills were made current for twelve years; were a legal tender in payment of all debts and contracts, under penalty of extinction of the debt, or a fine
· * See Appendix, U.
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for refusal, of not less than thirty shillings, nor more than fifty pounds, as the case might be. Forgery of the bills was made felony, and punishable with death. If, at the expiration of the term, for which they were made current, any portion of the amount, respectively, allotted to the counties re- mained unpaid, the county became responsible for it.
For the better credit, and sooner sinking of these bills, and for the additional support of the government, a tax of one thousand pounds a year, was imposed for ten years. Four thousand pounds of the product were appropriated to the redemption of the bills of credit formerly issued; and the interest on the money loaned under the act was applied to the sinking of bills, thereby issued; and as the interest and principal of the sums loaned, when paid in, would much more than pay the bills, the balance was devoted to the -support of the government, in such manner as the governor, council, and General As- sembly might direct.
.In 1730, another act added twenty thousand pounds to this medium, which were made current for sixteen years; and in 1733, the act of 1723, for the issue of forty thousand pounds was renewed; the amounts being loaned upon the same principles as under the first act, and kept in circula- tion by re-issues, and subsequent issues of such sums as were necessary to supply the place of torn bills. All these issues were fully and duly redeenied.
An additional and floating debt was subsequently contracted by the issue of bills, from time to time, to defray the war requisitions of the British ministry, and other exigencies. This debt bore heavily upon the province, as it was payable solely by taxation; and the Legislature frequently sought relief by the issue of new bills, the interest of which would supply the means of ordinary expenditure, and was cheerfully paid by the enterprising and industrious bor- rower, who received an adequate consideration. But the English ministry, for many years, could not be prevailed upon to assent to this measure. At one period, they reluctantly consented to the framing a bill for the issue of sixty thousand pounds, with condition that it should receive the sanction of the King; but when the bill had passed the colonial Legislature, that sanction was refused. The governors were uniformly instructed to pass no such act, unless with a clause suspending its operation, until confirmed by the crown. In 1758, a second bill for sixty thousand pounds was sent for the royal ap- probation, which was rejected by the board of trade on three grounds, which obstructed the passage of every other bill of this character. 1st, That the Assembly reserved to itself, not only a participation with the governor and council, in the disposal of the money granted by the bill for his Majesty's service; but, also, the right to judge of the propriety of its application. 2d, That the surplus of interest from loans, after paying a specific grant to the crown, was appropriated to the redemption of bills before omitted, in lien of taxes; and 3d, That the bills of credit were made a legal tender, in payment of all debts and contracts. Without these conditions, the inhabitants of the province did not deem the currency worth having, and with them, it could not be obtained; so that no other money bills were issued for a long period, unless based on taxes that would redeem them in five years.
Sound policy certainly required that the paper currency should be kept within narrow bounds, lest over issues should embarrass the commerce of the country with the parent state. But this danger could scarce be dreaded from the small amount required by New Jersey, and we must look to other causes for the pertinacious refusals of the crown. These we shall, probably, find in the independence which the colony acquired by a certain and easy revenue, which it as pertinaciously resolved to keep within its own control. Repeat- ed attempts were made, by the colonial Legislature, to bend the will of the
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King, but always without success, until the 20th of February, 1775; when an act passed March 11th, 1774, near the close of the administration of Gover- nor Franklin, authorizing the issue on loan of one hundred thousand pounds, and divested of all the objectional features, was confirmed by the King in council.
At one period the bills of New Jersey were at a discount of sixteen per cent., in exchange for the bills of New York, and, consequently, all contracts, especially, in East Jersey, were based upon the New York currency. The Assembly, with too much disregard for justice, directed, that all such con- tracts should be discharged, by payment of their nominal value in Jersey bills.
IV. Among the acts proposed at the session of the Assembly, in 1721, was one bearing the singular title, " An act against denying the Divinity of our Saviour Jesus Christ, the doctrine of the blessed Trinity, the truth of the Holy Scriptures, and spreading Atheistical books." " Assemblies in the colonies," says Smith, " have rarely troubled themselves with these subjects. It, probably, arose from the governor's motion, who had a turn that way, and had, himself, wrote a book, to unfold some part of the apoca- lypse." The bill, however, was rejected, on the second reading, in tlie As- sembly.
V. After a harmonious administration, of nearly seven years, Governor Burnet was removed, much against his will, to the government of Massa- chusetts Bay. His marriage, in New York, had connected him with a nu- merous family there; and, besides, an universal acquaintance, he had con- tracted with several gentlemen, a strict intimacy and friendship. The great merit of his administration consisted, in his effectual exertions to diminish the trade. of the French with the northern Indians, and to obtain it for his countrymen ; and in the erection of forts, and other means, establishing the English influence over the savages. These were benefits, however, not immediately obvious to the public sense; and some contests with the Assembly of New York, caused by private dissatisfaction, deprived him of that popularity, which his general conduct merited.
"Insensible of his services, the undistinguishing multitude were taught to consider his removal as a fortunate event; and until the ambitious designs of the French monarch, with respect to America, awakened attention to the general welfare, Mr. Burnet's administration was as little esteemed as the meanest of his predecessors.""
" The excessive love of money, a disease common to most of his predeces- sors, and to some who succeeded him, was a vice from which he was entirely . free. He sold no offices, nor attempted to raise a fortune by indirect ineans; for he lived generously, and carried scarce any thing away with him, but his books. These, and the conversation of men of letters, were to him inex- haustible sources of delight. His astronomical observations were useful; but by his comment on the apocalypse, he exposed himself, as other learned men have done, to the criticism of those who have not ability to write half so well."t
VI. John Montgomery, his successor, received from him the seals of the provinces of New York and New Jersey, on the 15th of April, 1728. Colo- nel Montgomery was a Scotch gentleman, bred a soldier, but who, in the latter years of his life, had been groom of the bed chamber to his Majesty, George the Second, before his acces-ion to the throne. This station, and a seat in Parliament, had paved his way to preferment in America. Good natured, unenterprising, and fond of his case, his short administration of
* Smith's New York, 172. + Ibid. 173.
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three years, is unmarked with any event of historical interest. In 1727, before the departure of Governor Burnet, a new Assembly had been elected. With settled salaries, and the means for support of government provided for years, the governors had few inducements to invite frequent sessions of the House. Nearly three years had elapsed between the rising of the last, and the convocation of the present Assembly; and in dread that their meetings might be even longer dispensed with, they passed an act providing, that, a General Assembly should be holden once in three years, at the least, alter- nately, at Burlington and Amboy; and lest, by long continuance in office, the members should be improperly influenced by the executive, or cease to re- member their responsibility to, and dependence upon, the people, it was further directed, that, a new Assembly should be thenceforth chosen, triennially, and that the term of the present should expire on the 25th of October, 1797. By this act, the province gained a partial security for popular rights. And by another, it was relieved from the monstrous grievance of the practice, under which the courts compelled parties acquitted upon indictment, to pay costs of prosecution .*
VII. Upon the death of Colonel Montgomery, on the 1st of July, 1731, the government devolved on Colonel Lewis Morris, until the Ist of August, 1732; when William Cosby, Esq. arrived, with the commission of governor of New York and New Jersey. He held these offices until his death, in 1736. His administration in New York was signalized by long and obstinate con- tests with the Assembly. Some differences, appear, also, to have arisen, between him and the Assembly of New Jersey; the latter complaining, that, the council was filled with members from New York; and the former, that, his maintenance had not been provided for, during a long protracted session. With this exception, the harmony, which had long prevailed, between the governors and Assemblies of this province, was uninterrupted during his administration.
VIII. The executive power, on the demise of Governor Cosby, devolved, first, on the president of the council, John Anderson, Esq., and on his death, about two weeks afterwards, upon John Hamilton, Esq., son of Andrew Ila- milton, governor in the time of the proprietaries; who exercised it for nearly two years; and until superseded by the appointment of Lewis Morris, by the crown.
IX. The provinces of New York and New Jersey, although wholly inde- pendent of each other, had, uniformly, been governed by the same officer, since the surrender of the proprietary governments of the latter; unless for short periods, when the government was administered by the presidents of their respective councils. Yet, New Jersey, the smaller and less important territory, was treated, almost, as a dependency of her greater neighbour. The governor, attracted by the pleasures, and enchained by the business of the city, spent a small portion of his time in New Jersey. The chief officers of state were taken from New York, or upon their appointment, removed thither. Thus, Mr. Alexander, the secretary of New Jersey, was a distinguished practitioner of law of New York, and Mr. Morris held the office of chief justice in both colonies; and hence, the executive and judicial duties, were fulfilled with much difficulty, and frequently, with vexatious delays. At their January session, 1728, the Assembly of New Jersey, petitioned the King, that when he should shink proper to remove the then incumbent go- vernor, Montgomery, he would separate the governments, and appoint a dis- tinct governor for each colony. The application had been in the colonial office, probably, disregarded, for several years, when Mr. Morris obtained
* See Appendix, noto V, for the names of the members of council, in 1727. N
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its consideration. The lords of trade reported favourably upon it to the privy council, and Mr. Morris was so fortunate, as to receive for himself, the commission of governor of New Jersey, in severalty.
This appointment was highly satisfactory to the people, as well, because the duty of the governor would be, exclusively, confined to the colony, as that the officer was greatly esteemed by them. To the Assembly, which he first met, after his elevation, on the 27th of October, 1738, he addressed a long speech, in which he took full credit for the services he had rendered in separating the governments, and did not leave unnoticed nor unpraised, the qualities he possessed for his station. His self-applause was echoed by the House. " We are," said they, " more deeply sensible of our sovereign's care of us, when we consider, how exactly he has adapted the person to preside, to the nature and circumstances of this province :- a person who has been long distinguished and highly preferred for his profound knowledge of the law, and in that station has behaved, for a long tract of years, with great candour and strict impartiality ;- a person well known to ourselves, to be eminent for his skill in affairs of government, which we, more than once, have had experience of; and from his knowledge of the nature and constitu- tion 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) every way qualified to render us a happy and flourishing people."
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