USA > New Jersey > The history of New Jersey, from its discovery by Europeans, to the adoption of the federal Constitution > Part 17
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X. " And we cannot," they continue, ".but observe with pleasure and thankfulness, your excellency's candour and justice, in introducing among us, in some measure, that noble economy so happily maintained in the Legis- lature of our glorious mother country, by fixing the gentlemen of the council as a separate and distinct part of the Legislature; for all former governors have presided in that House, in a legislative capacity, which, not only very much influenced their debates, but often produced very bad effects, and greatly thwarted and obstructed the despatch of public business."
This arrangement was certainly wise on the part of the governor. By it he relinquished no power, since his right of absolute negative upon all bills was not impaired; but he avoided much trouble, and maintained more secure- ly, the dignity of his office, which, in the debates of a legislative council, must often have been in danger.
XI. With such favourable sentiments, and with full reminiscence of their 1 professions of ability, to maintain an exclusive governor, the House pro- ceeded, with cheerfulness, to appropriate five hundred pounds, as a compen- sation to Mr. Morris, for his expense and labour in procuring a separation of . the governments, and one thousand pounds per annum, for three years, for his salary; together with sixty pounds a year for his house rent. They, at the same time, voted one hundred and fifty pounds per annum to the chief justice ; forty pounds to the second judge; forty pounds to the treasurers of East and West Jersey, respectively ; thirty pounds to the clerk of council; twenty pounds to each of the clerks of the circuits, and eighty pounds to their agent in Great Britain, whom they had a short time before appointed.
Unhappily, this good understanding did not long continue. The governor whose ardent, restless, and persevering temper, when engaged on the part of the people, had gained him great popularity, was now as little disposed to yield his lightest opinions to their wishes, as he formerly had been, to sub- mit to the executive will. And such was the estimate of his own merits, that, although, he had now received double the salary allowed to former go- vernors, and a considerable gratuity, he informed the Assembly that he accepted their grants only as an earnest of what he expected and deserved: and he wantonly forbade the treasurer to pay them their wages, although
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duly granted, and certified according to law. Flattered by the deference, which had hitherto been paid him, and confident in his political skill and experience, which he held to be, incomparably, greater than that, of any other person in his province, he was surprised and offended, at the presump- tion of the Assembly, when it proposed measures which he did not approve, and attained ends which he himself sought, by some unimportant variation from the path he indicated. Passionately fond of argumentation, his addresses to the House were, at times, political lectures, delivered with all the airs of superiority, which he supposed his station, and greater intellect warranted ; and at other times, revilings, alike unworthy of him and the House. He rejected several important bills, passed by the Assembly, and to their con- plaints of the inexpediency of this conduct, objected his power, as a consti- tuent portion of the Legislature to exercise his veto, without question; whilst he denied, practically, to the House, a similar right. . And thus, although he proposed no tyrannical or unlawful measures, he defeated, by his opinionated obstinacy, several beneficial bills; harassed the Legislature by repeated ad- journments, prorogations, and dissolutions; and became, with the exception of Cornbury, the most obnoxious governor who had, in this province, held a com- mission under the crown. During the early years of his administration, few instances of this captious temper occur. The most memorable one, was in granting aid to a military expedition against the Spanish West Indies.
XII. A misunderstanding had arisen, in the year 1737, between Great Britain and Spain, on account of injuries alleged to have been done, to the English logwood cutters at Campeachy, and salt gatherers at Tortugas. The Spaniards, not only denied them the privileges they exercised, but claimed, and used with insolence and cruelty, the right to search English vessels, for contraband goods; of which, large quantities were introduced into their colonies. Open war was, for a while, delayed, by a convention, extremely unpopular in England, concluded in January, 1738; but which, not having been observed by Spain, letters of marque and reprisal were issued by Great Britain, and general preparations were made for war; which was finally declared, on the 23d of October, 1739. A fleet, under Admiral Vernon, having on board a body of troops, under Charles, Lord Cathcart, was despatched against the Spanish islands, and aid was required from the several British colonies.
The province of New Jersey showed the same alacrity, upon this, as upon other like occasions ; promptly passing a bill for raising, transporting, and victualling her quota of troops; but, some of its details were unsatisfactory to Governor Morris, and he delayed his assent to the bill. Having despatch- ed all other business before them, the House begged his excellency, to in- forin them, when he would permit them to return to their homes. To this reasonable request, he sullenly replied, "When I think fit;" and he kept the representatives of the people, hanging upon his will, from day to day, from the 25th to the 31st of July, before he sanctioned their bills, and pro- rogued them.
XIII. This treatment, justly, gave offence, which was heightened by his refusal at subsequent sessions, to concur in several bills deemed essential to the welfare of the province, by the House; and by his pertinacions demand for some unwelcome modification of the existing militia law. The fees of the various officers of the colony were not prescribed by law, but regulated by the governor and council; and were, frequently, exorbitant and oppres- sive's:\ ive bill was, at lengthi, proposed by the Assembly, but long resisted by the Commeil and governor, and finally passed, on the 21st of October, 1743, with a clause suspending its operation, until his Majesty's pleasure in rela- tion thereto, should be known. When the sense of the several branches
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of the Legislature, had thus been obtained, the Assembly, very rationally, inferred, that the inchoate law supplied a more satisfactory rule, than the will of the executive; and on the 5th of December, resolved, that, it ought to have due weight with the judges and all others concerned, and, to govern their practice, until the royal pleasure should be declared. This expression of opinion, awakened the indignation of the governor, who sternly demand- ed, " By what authority the House ordered an act, not in force, to be printed as a rule for the government of the people ?- or indeed, any act? And that, if they had, or pretended to have, such authority, they would let him know whence they derived it, and how they came by it, that his Majesty might be informed of it." In reply to these queries, the House resolved, "That as they had only given their opinion of an act, which had passed the three branches of the Legislature here, and had not assumed to themselves, any unwarrantable authority, they think themselves not accountable for that opinion; and that it is not consistent with the honour and dignity of the House, and the trust reposed in them, to give any further answer." And though the governor prohibited them from printing the act, it was published with votes of the Assembly. Notwithstanding the governor had sanctioned the law, and thereby concurred in opinion, with the Assembly, and the peo- ple, in the adequacy of the fees which it prescribed, he, with great duplicity, represented to the ministry, that they were so inconsiderable, that no persons of character or reputation, cared to accept of employments, in the several courts of judicature; and the refusal of the royal assent to the bill, was delayed, only, by the exertions of Richard Partridge, Esq., the provincial agent, at court.
XIV. There were three other measures which the people were desirous to effect. Ist. The renewal of the act, making current forty thousand pounds, in bills of credit, which was approaching its term; 2d. An act to oblige the several sheriff's of the colony, to give security for the faithful performance of their duties, which had become highly necessary, from the improvident ap- pointments of the executive; and, 3d. An act to prevent actions for small amounts, in the Supreme Court. All of which, whilst productive of the public weal, would impair the influence, and lessen the power, of the go- vernor.
The interest on the bills of credit, loaned, as we have already observed, supplied the treasury with ample funds, for the support of government, with- out resort to taxation, unless upon special occasions, and rendered the As- sembly in a measure independent of the governor. A clause in the act made a general appropriation of the interest to the support of government, but as ' special acts were, from time to time, requisite to allot to the several officers, such portions as the Assembly deemed proper, the amount and duration of their salaries, depended on the pleasure of the Assembly. A full treasury, beyond the control of the executive, was reprobated as a mean of strength- ening the people, both by the governors in America, and the ministers of the crown; and both desired, that specific and exhausting appropriations, should be made of the revenue, by the act which created it, which would, besides stripping the Assembly of its power. make the executive independent of its pleasure, for the term assigned, to the currency of the bills. In a word, the executive department was indisposed to continue an acknowledged benefit to the people, unless it received, in payment, what it deemed its full value.
Under the pretence, therefore, that the colonial bills of credit had been in- jurious to English commerce, the royal instructions forbade the respective governors to assent to any act, for issuing such bills, without a clause sus- pending its effect, until the act had been approved by the King. But, this prohibition having been disregarded, a bill was, about this time, introduced
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into Parliament, making it unlawful for any governor, to assent to any act, whereby paper bills of credit should be made, or the time limited, for the sinking of them, protracted; and requiring, that all subsisting bills, should be sunk and destroyed, according to the tenor of the acts creating them. The Assembly of New Jersey prepared their bill, with the suspending clause, yet the governor refused to sanction it, or more properly speaking, influenced the council to refuse their concurrence; whilst he remonstrated with the House, on the unseasonableness of their bill, pending that before Parliament. The true cause of his opposition, was, that the Assembly would not fix the salaries of the officers, for a term concurrent with that of the bills.
The refusal of the governor and council to confine the jurisdiction of the Supreme Court, to actions in which the sum demanded exceeded fifteen pounds, had a selfishness so naked, that they should have blushed to observe it. The compensation of the justices was partly dependent upon fees; hence, it became, indeed, the part of a judge to enlarge his jurisdiction,* to protract the pleadings, and to increase litigation. The chief justice, Robert Hunter Morris, son of the governor, was a member of council, and his fees would, obviously, be diminished by the limitation.
XV. Justly irritated by these scarce gauze-covered attempts, to make the commonwealth a productive estate, regardless of the public weal, the Assem- bly resolved, to apply for defence, to the passion that oppressed them; and by withholding the salaries of the officers, to make them feel, that, even in a pecuniary point of view, concession to the popular will would be more profit- able than resistance. Between October, 1743, and April, 1745, three houses had been dissolved by the governor; each of which had given him distinctly to understand, that, they would pass no act for the support of government, unless, concurrently, with the bills above-mentioned. In considering this offer, the governor in his address to the House, sitting at Amboy, in April, 1745, observed-'
" The kings of England have, from time to time, immemorial, refused their assent to many bills passed by both Lords and Commons, without as- signing any reason for their so doing; and so have the Lords to bills passed by the Commons, though perhaps not so often; and if it may be lawful to compare small things with great, should the House of Commons deny to support the government, and assign these refusals as a reason for their denial, as is done here, and appeal to the populace upon it; or, in an address, propose to the King to pass their bills previous to their granting the support of government, could it bear a milder construction, than an attempt to alter the constitution ? And is it less so here ?
" I believe, with some reason, that the House was ashamed of that ridicu- lous proposal of passing their bills, previous to their granting the support of government; and was willing for their sakes to forget it, and let it drop into the oblivion it deserved; but, since the late House have thought fit to men- tion it, on the particular occasion they have done, I shall say a few words to it. And, first, it is known to all, and themselves, in particular; that the money in the treasury is appointed for the support of government, and ap- propriated for that purpose ; and all that they have to do in it is, to agree with the council and myself, what quantity of it should be applied to that use ; and the council could, with equal propriety, have made the same pro- posal, to pass their bills, that is, the bills of the proposers, previous to their granting their support. I thought, that, what I had said, when that proposal
* " Bonis est judicis ampliare jurisdictionem."-Law maxim.
NEWBERRY
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was made, and the bills I then passed, left no room for a second mention of it; but since they have done it, on the occasion, they did, and thereby seem to insinuate to the populace, that my passing of their bills, is a condition on my part, to be complied with, before they will agree to the support of the government, I take leave to say, that what they call a proposal, I estcem a most unmannerly threat, that, they would not support the government at all, unless I passed all their bills, before they did it; and then would support it, as they thought fit: To which, I say, that I will assent to none of the bills passed by the Assembly, unless first assented to by the council, and I ap- prove them: But not even then-if I think such not very necessary, unless sufficient provision be made for the support of the government, previous to the passing of any bill, by me. And this, gentlemen, I desire" you to take notice of, and govern yourselves accordingly."
To this assertion of the governor's determination, the House, among other things, replied. " As we met your excellency at this time, determined, as in duty to his Majesty, we are bound, to support his government, so we enter- tained hopes that we might at least, have been encouraged to proceed in pre- paring some bills we think very necessary, and much wanted by the people, whom we represent. But, since your excellency hath been pleased to assure us, that you will assent to none of' the bills passed by the Assembly, unless first assented to by the council, and you approve of them; but not even then, if you think such bill not very necessary, unless a sufficient provision be made for the support of government, previous to the passing of any bill by you; and this you have recommended to our particular notice, to govern our- selves accordingly, it gives us some concern to be thus almost, peremptorily, precluded from proposing such bills as we should think very necessary; but we know this is a power, your excellency can make use of, to check our proceedings. We shall, therefore, according to your prescription, defer such bills until some more favourable opportunity, when reason and argument may have greater influence."
Urged by the necessity, so far as it regarded the crown, of preserving, at least, the appearance of' providing for the support of government, the House presented to the governor and council, a bill for granting less than half the usual sums, which was of course rejected.
At length, after several adjournments, and more than a year's delay, the Assembly declared, "that notwithstanding all the foregoing treatment, they were still fond of an accommodation, and solicited his excellency for two or three laws which the country have very much at heart; and they informed him, that they would willingly support the government with salaries as large as had been given during his administration, on condition, that they could obtain those acts that would enable them to do it in a manner they could approve of ;- but this could not be done. They therefore begged leave to be plain with his excellency, and hoped that he would not take it amiss, that they are so; they are now willing (if his excellency and council think fit,) to pass the bills which they passed at the last meeting over again, but as they are discouraged from giving so large a support, as they would willingly have done, they are determined to assent to no longer applications, than what in the late meeting they assented to, until they can have an assurance of obtaining some acts they think they have a right to, and very necessary to enable the colony so to do." From this determination, the House did not depart, and the governor equally unyielding, though in very bad health, prorogued them from time to time, twice to Trenton, that they might be near his residenee of Kingsbury; and, at length, after another year of fruitless altercation, dissolved them.
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XVI. But, the appeal to the people, by the convocation of a new Assembly, did not relieve the governor. The constituents of the former House univer- sally approved their conduct, and the same members were re-elected, two only excepted. The governor's infirmities increasing, the Assembly met at Trenton, on the 26th of February, 1746. Both parties had now become heartily weary of the unprofitable contention, and were disposed to unite by sacrificing a part of their respective wishes. This desirable compromise was induced partly by the war, in which the empire was engaged with France and Spain, and the dangers dreaded to the state from the rebellion in England in favour of the Pretender. These circumstances served as a pretext, if they were not the reason, for accommodation. The leaders of the Assembly agreed to pass the militia law, desired by his excellency, and he engaged to concur in their bills for the paper currency, the requiring security from sheriffs, and curtailing the jurisdiction of the Supreme Court-it being well understood, that the support of government should be provided for, as liberally as here- tofore. These bills were all duly approved by the Assembly, and council, and awaited only the signature of the governor, to become laws; but that for the support of government, had not yet passed the House. The governor refused his assent to those before him, until the supply bill should also be pre- sented. Neither party had confidence in the other; and it soon became ap- parent, that the distrust of the House was but too well founded. For at this period, they received a communication from the provincial agent at London, informing that the fce-bill was about to be defeated, by the representations of the governor, notwithstanding he had given it his official sanction; and it was subsequently disapproved by the king. No reliance therefore, could be placed in the success of their money bill, even when approved by all the branches of the Legislature; since the governor might, and probably would use his endeavours, successfully, under the suspending clause to prevent the royal approbation. The House resolved, therefore, whilst adhering to the letter and spirit of the agreement for accommodation, and providing, as usual, for the compensation of the other officers, to make the governor's salary de- pend upon his good faith, and upon the final passage of their money bill, by the King.
XVII. " With this view, a committee of the House informed him, that they were willing, upon giving his assent to the bills now before him, to vote to the commander-in-chief for the time being, five hundred pounds per annum, for two years, to commence the 23d of September, 1744, and to end 23d of Septem- ber, 1746; which, with the other salaries, should be paid out of the money then in the treasury. And as a grateful acknowledgment to his Majesty, and his excellency, for the benefits they hoped the colony would receive from such bills, they further assured him, that, provision should be made in the bill, for the support of government, for the payment of one thousand pounds to him or his representatives, out of the first interest money, arising from the act making current the bills of credit, when his Majesty's assent should be had thereto. With these conditions, the governor refused compliance and prorogued the House until the following day. The effect of prorogation was to put an end to all business before the House, and oblige them to recommence their labours. It had been repeatedly tried without any good effect, and was probably resorted to on this occasion, that the governor, whose illness daily Increased, and incapacitated him for business, might obtain a short respite from a vexations dispute. The House convened on the prorogation, and authorized the speaker, and any two members, to meet and adjourn from day to day.
On the 21st of May, 1746, Governor Morris, after a severe illness, of more than two years, died at Kingsbury, near Trenton. By his death, the office of governor devolved upon John Ilamilton, Esq., the eldest member
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of council, All the bills which had been so obnoxious to him, were passed in February, 1748, by Governor Belcher, without hesitation. The cham- pions of the Assembly, in their long contests with the governor appear to have been Mr. Richard Smith, Mr. Lawrence, Mr. Neville, and Mr. Eaton.
XVIII. The family of Mr. Morris, which for more than a century ex- ercised a controlling influence over the political events of New York, and New Jersey, was derived from Richard Morris; who, wearied with the un- settled condition of affairs in England, consequent on the wars of Crom- well, in whose armies he is said to have been a distinguished leader, turned his views to America, and came over first to the West Indies, and shortly after to New York. He purchased an estate near Haerlem, ten miles from the city, containing more than three thousand acres of land, which by the original grant was endowed with manorial privileges, and called Morris- ania. Richard died in 1673, leaving an only son, Lewis, the subject of our story, an infant and an orphan, his mother having died a few years before his father. Thus destitute, he became the ward of the colonial government, which appointed a guardian to his person and estate. Soon after, however, his uncle, Lewis Morris, arrived from Barbadoes, and settling at Morrisania, took his nephew in charge, and finally made him heir to his fortune. The early years of the nephew, were wild and erratic. On one occasion, having committed some folly, or extravagance, displeasing to his uncle, he strolled to the southern colonies, and thence to the West Indies, where he maintained himself some time, as a scrivener. He soon tired of his vagaries, and re- turned to his uncle, by whom he was kindly received. Ambitious, and pos- sessed of much intellectual power, he entered, at an early age, upon a public career; and though, indolent in the management of his private affairs, the love of power, rendered him active in those of a political nature. In New Jersey, he distinguished himself' in the service of the proprietaries and the Assembly; and by the latter was employed to draw up their complaint against Lord Cornbury, and made the bearer of it, to the Queen. No man in the colony equalled him in the knowledge of the law, and the arts of in- trigue. He was one of the council of the colony, and judge of the Supreme Court, in 1692. Upon the surrender of the government, to Queen Anne, in 1702, he was named as governor, before the appointment was conferred upon Cornbury. He was several years chief justice of New York, and a member of Assembly ;- was second counsellor, named in Cornbury's in- structions; but was suspended by him, in 1704; restored by the Queen, and suspended a second time, in the same year. He was a member of the Assembly, in 1707, and was reappointed to the council, in 170S, from which he was again removed, by Lieutenant-Governor Ingoldsby, in 1709, but reappointed in 1710, where he continued, until made governor, in 1738. The love of power was his ruling passion. Unable to gratify it, as a parti- san of the governor, he became a leader of the people; and as their power was his, contended strennously, for its preservation and enlargement; but when that power was opposed to his will, he was not less active to control and abridge it. There was nothing in his conduct or character, to separate him from the herd of politicians, who throw themselves into the public arena, like gladiators, to obtain by combat, with each other, their daily bread, and a few shouts of applause, from the spectators; the memory of which, en- dures, scarce longer than their reverberation. In his early life, he rendered some service to the colony, for which it was grateful; and his name, borne By one of the counties of the State, will attest, that he was, once, a popular favourite. In private life, he was highly respectable, and happy. Inherit- ing a large estate, and free from avarice, he was not tempted to increase it, by indirect means. Blessed with the affections of an amiable wife, he be-
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