without aid of the Legislature that for anything that appears there may be relief for him in the Courts of Justice. The Council taking into Consideration the Petition of the Mayor Recorder &c of the Free Borough of Elizabeth are of Opinion that the same be referred to M! Alexandr M: Hude M Johnston M Kemble M: Ogden or any three of them and that the Petitioners or some of them have Notice to deliver to the Committee a Draught of the Charter they Petition for. His Excellency was pleased to Nominate John Roye and Ichabord Tompkins as Justices of the Peace in the County of Somerset to whom the Council agreed. Orderd they be added to said Commission. Also Nominated Stephen Crane and Timothy Whitehead to be Justices of the Peace for the County of Essex to which the Council agreed: Ordered that they be added to the Commission for said Countys in Rank according to their Appointments. His Excellency by advice of Council signed the following Warrants. No 200. To himself for a Quarters Salary due this day. 203. To the Honoble James Alexander Esq for one hundred and Seventy two days Attendance in Council between 29: of March 1749 to February 14: 1752 205. To Samuel Nevill Esq! Second Justice of the Supreme Court for Attending the Supreme Court at Burlington in May 1752 and for Holding the Court of Nisi Prius and Court of Oyer & Terminer in the County of Hunterdon on the Third Tuesday in May 1752 206. To Ditto for his Salary as Second Judge of the Supream Court from the 10 of May to the 10: of August 1752 207. To Charles Read Esq! for a Quarters Salary as Clerk of the Council for the Quarter ended this day 208. To Ditto for a Quarters Salary as Third Justice of the Supream Court for the Quarter ended this day. N 250. 0.0 15. 0.0 51.18.0 16. 0.0 6. 5.0 7.10.0 6. 5.0 209. To Joseph Warrell Esqr for a Quarters Salary as Attorney General for the Quarter ended this day 210. To Andrew Johnston Esq' for a Quarters Salary as One of the Treasurers of the Province for the Quarter ended this day 7.10.0 10.00.0 211. To Samuel Smith Esq! for Quarters Salary as one of the Treasurers of the Province for the Quarter ended this day 212. Samuel Smith Esq for Copying the Votes of the General Assembly and the Laws passed in the Sessions at Burlington in September and October 1751 Also for Pens, Ink & Paper 213. To John Smith a Quarters Salary as Clerk of the 216. To Anthony Elton for a Quarters Salary as Door 10.00.0 10.18.0 5.00.0 141. 1.0 200.00.0 2.10.0 M Alexander acquainted His Excellency that Lewis Ashfield Esq was at the Door attending with his Majestys Mandamus to His Excellency for Swearing and admitting him One of His Majestys Council of this Province with a Certificate of his Acquital by due Course of Law of what he had been Chargd with and allegd as Reason for the Delay of his Qualification and prayd that he might be calld in. His Excellency adjourned the Council to Meet to morrow morning at Ten O'Clock. TUESDAY AUGUST 11: 1752 The Council Met Present His Excellency the Governor The Honble James Hude, Andrew Johnston & Peter Kemble Esq" His Excellency gave the following Answer to the Motion of James Alexander Esq! of yesterday. Gentlemen of the Council "After what I said to you in October last & is on the Council Minits I am Surprized at the Motion made yesterday by M! Alexander relating to the Kings Mandamus for admitting M Ashfield into the Council wth weh I once more tell you, You have no Business or Concern nor will I hear anything from you about it this I say to save Yourselves or me any further trouble and if you are minded to show that Young Gentleman any Respect I would advise you to teach him his Duty in this matter To the Kings Governour and when he practices it he shall have my Answer." ELIZABETH TOWN August 11: 1752 J BELCHER His Excellency laid before the Board for their Consideration a Charter proposed for the Incorporation of the Five Dutch reformd Churches in the Counties of Middlesex, Somersett and Hunterdon weh being Read It is Orderd that it be Referrd to their next Quarterly meeting and that in the mean time the Secretary do procure the Statute of Mortmain. Compared wth Minitts of Council of the Province of New Jersey of wch this is a true Copy William A. Whitehead, editor, Documents relating to the Colonial History of the State of New Jersey (Newark, 1885), VIII (i), 103-108 passim. 65. A Determined Veto Message (1742) BY GOVERNOR LEWIS MORRIS Morris was a member of the Council, chief justice, and finally governor of New Jersey. The extract is selected as an example of the absolute veto of governors. Bibliography: E. C. Mason, Veto Power, § 7. THER HERE are two Acts now before me to which my Assent is desired but they now come up in two distinct Acts, and if the other part, with respect to the Enregistring of deeds, had come up in a distinct Act also, then my assent had been desired to three Acts, which had been formerly repealed, by his Majesty, under one title in one bill; and all the three might have been as well ofrid [offered] for my assent as any two of them as it doth not appear for what particular part the Act before mentioned was disallow'd of tho' certain it is the whole and all the parts of it were disallow'd of; with what View was my Assent desired to Acts, disallow'd of by his Majesty & that even without a suspending Clause according to his Instructions, well known to you, unless it was to Expose me to Just censure for giving such Assent; and how kind it was to do so, I leave to be determined by all Indifferent persons; and even to the consciences, of those concern'd in the doing of it; & I hope my not Assenting to Laws I am not Impowered to Assent unto will not be call'd a fault; but on the contrary, a Strict adherence to do my Duty which by Gods assistance, nothing shall intimidate me from doing. There is nothing more common in the mouths of the populace than, Saying give us good laws, and we will Support the Government and what they call good laws, are such only as they like; and Agreeable to this they are made to believe, that if the Governor doth not Assent to such Laws as are Off'red for his Assent, the Assembly are Justifyable in not raising a Support for his Majesty's Government; tho' he is forbid to Assent to those Laws: as in the Cases before mentioned; or tho' the Govern' himself very much disapproves of them; which (notwithstanding the Attempts of your Honourable House with respect to the bills of Credit made in the year 1724) I hope no body will presume to say, he has not a right to do. The Assent to Laws we have a power to make ought to be free, and not compell'd in any part of the Legislature, and I believe you would think so your selves, were there any Attempts made to compell your Assent to any Law propos'd by the Council, Yet I may ask with what view those Strong Endeavours were made in your House, to annex a fee bill to the bill for Support of the Government, (a bill to which you would never suffer an Amendment to be made) unless it was to Compell the Governor and Council, to pass that fee bill, in such manner as your Honourable House should pass it without any Amendment? It is true the attempt did not succeed; and I thank you for what is done but believe most People will think it had been more for the interest of the Publick, if it had been made for a longer time; and it may not be unworthy your Notice to Observe, that this fee bill tho' not Intitled An Act to Inforce Obedience to an Ordinance made for Establishing fees & yet whatever title you will please to give it, if it be of the same nature of that which was twice repeal'd, for reasons I need not repeat, it will not be difficult to Say what will be the Success of it or the Sentiments of his Majesty's Ministers concerning it. Your Bill for making lands Chattels, doth not with any certainty Express what Estate the Purchaser from the Sherriff shall be Vested wth whether in fee or for Life: or years; & for that reason I shall referr it to farther consideration. Your Bill for paying the Expenses that may arise on Printing Signing &c the Sum of £40,000, I am told was intended should be pass'd in a Secret manner peculiar to itself as usuall; and not sent home, that the Ministry might not know I was to have 500 pounds for passing it, The Offering this, I suppose, you believ'd would be a Sufficient Inducem' to Obtain my Assent to your £40,000 Act, your making of that offer Shews what your Notions of Virtue and Honour are, & what many of you would do, if in my Case, for a Much less Sum: but you Mistook your Man; for if I know myself your whole £40,000 would not have Prevail'd upon me to have Acted so mean apart. If I recommend any bill, it shall be, (what I deem) the intrinsick goodness of it shall induce me to do it, and not any Sum you can give me, If you believ'd money would have influenc'd me to come into your measures, the offer should have been of a different kind, and not of such a nature, that none but a Fool would have been influenced by; and instead of being an Inducem' to recommend your bill, or using any Interest to get it pass'd at home would be a Strong motive to the Contrary. ... your present bill for making £40,000 being to put so much money into the Loan Offices without any certain Indisputable provision for the Support of the Government, I cannot think it proper for me to Assent unto it; Had that been done: Had a Sufficient sum of money been by that bill Appropriated to the building of a House and conveniences for the Residence of a Governor, Places and Houses for the Sittings of the Council and Assembly, and for the safe keeping & preserving of the Public records of the Province, whereby many tradesmen and the poor and Labouring part of the Inhabitants of the Province, might have been Imploy'd; & the money circulated among ourselves; had there been any Provision made for encouraging and increasing the litle Trade, and the few Manufactures we have, whereby more Trad-men and Labourers might be Imploy'd; I dont know how far I might have been induced, for these and other good purposes to assent to it: But as none of these things are done, nor I believe intended; and as without these things, or something of that sort litle of the money will Circulate in this Province, or remain long in it, and consequently will fall in its value, and as the bill is full of Confus'd references, and intricate in its make; I neither can assent to it myself, nor recommend it to have His Majesty's & by this you will save the £500, Intended for that Purpose. Thus much for your bills. F. W. Ricord and W. Nelson, editors, Documents relating to the Colonial History of the State of New Jersey (Trenton, 1891), XV, 271–275 passim. |