New Jersey Provincial Council | |
---|---|
Type | |
Type | |
Leadership | |
President of Council | Various |
Structure | |
Seats | 12 |
Political groups | Local factions |
Length of term | Indefinite |
Authority | The Crown |
Meeting place | |
Alternately Burlington and Perth Amboy |
His Majesty's Council for the Province of New Jersey was the upper house of the New Jersey Legislature under colonial rule until it was replaced by the New Jersey Legislative Council under the New Jersey Constitution of 1776. [1]
The Provincial Council was established in 1702 upon the surrender by the Proprietors of East Jersey and those of West Jersey of the right of government to Queen Anne. Anne's government united the two colonies as the Province of New Jersey, a royal colony, establishing a new system of government.
The instructions from Queen Anne to Viscount Cornbury, the first royal governor of New Jersey, outlined a fusion of powers system, which allowed for an overlap of executive, legislative and judicial authority. It provided for a bicameral legislature consisting of a Council and General Assembly.
On December 6, 1775, Governor William Franklin prorogued the New Jersey Legislature until January 3, 1776, but it never met again. [2] On May 30, 1776, Franklin attempted to convene the legislature, but was met instead with an order by the New Jersey Provincial Congress for his arrest. [3] On July 2, 1776, the Provincial Congress approved a new constitution, and on August 13 a new legislature was elected, with the appointed Provincial Council being succeeded by the elected New Jersey Legislative Council.
The Provincial Council consisted of twelve members, appointed by and serving at the pleasure of the British crown. With the exception of resignations and those being removed for cause, councillors often served for life. The former provinces of East and West Jersey were reorganized as the Eastern Division and the Western Division, respectively, of the Province of New Jersey. Councillors were apportioned that six would come from each of the two divisions. [4] In practice, however, this was not always followed.
Three or more councillors were to be considered a quorum. The governor was to notify the Crown of any vacancies, whereupon they would be filled by appointment. If the membership dropped below seven however, the governor was empowered to appoint as many councillors as would bring membership to seven. These members would then serve until either confirmed or replaced by the Crown. [5]
The senior councillor actually residing in New Jersey would, by virtue of his seniority, be President of Council. If there was no lieutenant governor, it was he who would succeed if a vacancy occurred in the Governor's office due to death or absence from New Jersey. [6]
In 1733 the Crown decreed that the Surveyor General of His Majesty's Customs would be seated as Councillor Extraordinary, but would be excluded from succession to the Presidency. [7]
The Provincial Council was the upper house of the colonial legislature, and as such was a predecessor to the modern New Jersey Senate. Laws enacted were to be styled as by the governor, council and assembly. Once approved by both houses and signed by the governor, laws were to be transmitted to London, to be signed or disallowed by the Crown. [8]
Gubernatorial appointments, including judges, justices of the peace and sheriffs, were to be made with the advice and consent of the council. [9] Salaries and fees were to be set by the governor with the advice and consent of the council.
The Governor and Council comprised the Court of Appeals in civil cases exceeding the value of £100, although any councillor who also sat as a judge of the court from whence the appeal was made was not permitted to vote on that appeal. Cases exceeding £200 could be further appealed to the Crown. [10]
The following is a list of presidents of the New Jersey Provincial Council from the 1702 surrender of government to the Crown to the adoption of the 1776 State Constitution. [11]
Robert Barclay was a Scottish Quaker, one of the most eminent writers belonging to the Religious Society of Friends and a member of the Clan Barclay. He was a son of Col. David Barclay, Laird of Urie, and his wife, Lady Katherine Barclay. Although he himself never lived there, Barclay was titular governor of the East Jersey colony in North America through most of the 1680s.
John Johnstone was the 32nd Mayor of New York City from 1714 to 1719.
The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. After the Thirteen Colonies had become the United States, the experience under colonial rule would inform and shape the new state constitutions and, ultimately, the United States Constitution.
The Pennsylvania Constitution of 1776 was the state's first constitution following its declaration of independence and has been described as the most democratic in America. It was drafted by Robert Whitehill, Timothy Matlack, Dr. Thomas Young, George Bryan, James Cannon, and Benjamin Franklin. Pennsylvania's innovative and highly democratic government structure, featuring a unicameral legislature and collective executive, may have influenced the later French Republic's formation under the French Constitution of 1793. The constitution also included a declaration of rights that coincided with the Virginia Declaration of Rights of 1776.
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate. The Legislature meets in the New Jersey State House, in the state capital of Trenton.
The Province of New Jersey was one of the Middle Colonies of Colonial America and became the U.S. state of New Jersey in 1776. The province had originally been settled by Europeans as part of New Netherland but came under English rule after the surrender of Fort Amsterdam in 1664, becoming a proprietary colony. The English renamed the province after the island of Jersey in the English Channel. The Dutch Republic reasserted control for a brief period in 1673–1674. After that it consisted of two political divisions, East Jersey and West Jersey, until they were united as a royal colony in 1702. The original boundaries of the province were slightly larger than the current state, extending into a part of the present state of New York, until the border was finalized in 1773.
Thomas Rudyard was a Quaker lawyer in London before moving to America and being appointed deputy governor of East Jersey and the first Attorney General of the English Province of New York, the predecessor position to the Attorney General of New York State and the successor position to an analogous office under the Dutch colonial government of New Netherlands.
Gawen Lawrie was a deputy governor of the American province of East Jersey from 1683 to 1686.
Samuel Jennings or Samuel Jenings was born in England and died in Burlington, New Jersey, in 1708.
Originally, the state of New Jersey was a single British colony, the Province of New Jersey. After the English Civil War, Charles II assigned New Jersey as a proprietary colony to be held jointly by Sir George Carteret and John Berkeley, 1st Baron Berkeley of Stratton. Eventually, the collection of land fees, or quit-rents, from colonists proved inadequate for colonial profitability. Sir George Carteret sold his share of the colony to the Quakers in 1673. Following the sale, the land was divided into East and West Jersey. In 1681, West Jersey adopted a constitution. In 1683, East Jersey adopted one as well. In 1702, the colonies were united again under Anne, Queen of Great Britain, and adopted a constitution in 1776.
The New Jersey Legislative Council was the upper house of the New Jersey Legislature under the New Jersey Constitution of 1776 until it was replaced by the New Jersey Senate under the Constitution of 1844.
Captain Andrew Bowne was an American colonial politician and jurist, who served in various capacities in both New York and New Jersey.
John Berry was an English colonist who migrated from Barbados to become an early major landowner, militia officer and Deputy Governor under the Lords Proprietor of the Proprietary Colony of New Jersey.
John Hamilton was an American politician from the colonial period who served as acting governor of the Province of New Jersey from 1736–1738, and from 1746–1747.
The East New Jersey Provincial Council or Governor's Council was the upper house of the East New Jersey Legislature under proprietary rule until the surrender of the right of government to The Crown, and Queen Anne's acceptance.
Andrew Johnston was a politician from Perth Amboy, New Jersey, who served in the New Jersey General Assembly and the New Jersey Provincial Council.
William Pinhorne was an American colonial politician and jurist, who served in various capacities in both New York and New Jersey.
Peter Kemble was an American politician from the colonial period who served as President of the New Jersey Provincial Council from 1745 to 1776, the last to hold that office.
Holmes v. Walton was a case decided by the Supreme Court of New Jersey in 1780, thought to be the first decision in which an American court held a statute unconstitutional. It is considered a landmark in the American law of judicial review. In an apparently unreported opinion, Justice David Brearley held that a conviction entered by a six-person jury under a 1775 statute was void, because the Constitution of New Jersey required a jury of twelve.