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New Jersey Legislative Council

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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.

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22-592: The Legislative Council replaced the New Jersey Provincial Council , which had been the upper house under colonial rule. The Provincial Council consisted of up to twelve members, appointed by and serving at the pleasure of the British crown. As this created an overly aristocratic and non representative body, the framers of the 1776 state constitution provided for an elected Legislative Council, with one Member of Council elected in each county for

44-643: 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. 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. On July 2, 1776, the Provincial Congress approved

66-826: A Legislative Council with one member from each county. All state officials, including the governor , were to be appointed by the Legislature under this constitution. The Vice-President of Council would succeed the Governor (who was the President of the Council) if a vacancy occurred in that office. The Governor was elected to a one-year term by the Legislative Council and the General Assembly — in joint meeting — and served, with casting vote , as

88-628: A matter of dispute. The area comprising East Jersey had been part of New Netherland . Early settlement (including today's Bergen and Hudson counties ) by the Dutch included Pavonia (1633), Vriessendael (1640) and Achter Kol (1642). These settlements were compromised in Kieft's War (1643–1645) and the Peach War (1655). Settlers again returned to the western shores of the Hudson River with

110-459: 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

132-514: A one-year term. This structure would remain in place after 1844, when the Legislative Council would be replaced by the New Jersey Senate, and continued until 1965. The 1776 Constitution set up a fusion of powers system of state government , which allowed for an overlap of executive , legislative and judicial authority. It provided for a bicameral legislature consisting of a General Assembly with three members from each county and

154-553: A strong Puritan character. South of the Raritan River the Monmouth Tract was developed primarily by Quakers from Long Island. In 1675, East Jersey was partitioned into four counties for administrative purposes: Bergen County, Essex County , Middlesex County , and Monmouth County . There were seven established towns: Shrewsbury , Middleton , Piscataway , Woodbridge , Elizabethtown , Newark , and Bergen . In

176-660: A survey taken in 1684, the population was estimated to be 3,500 individuals in about 700 families ( African slaves were not included). Although a number of the East Jersey proprietors in England were Quakers and the governor through most of the 1680s was the leading Quaker Robert Barclay , the Quaker influence on government was not significant. Even the immigration instigated by Barclay was oriented toward promoting Scottish influence more than Quaker influence. In 1682, Barclay and

198-642: The 1660 formation of Bergen, New Netherland , which would become the first permanent European settlement in the territory of the modern state of New Jersey. During the Second Anglo-Dutch War , on August 27, 1664, New Amsterdam surrendered to English forces. Between 1664 and 1674, most settlement was from other parts of the Americas, especially New England , Long Island , and the West Indies . Elizabethtown and Newark in particular had

220-594: The Council could not "prepare or alter any money bill "; that authority was left to the Assembly alone. Sessions of the Legislative Council could only be convened while the Assembly was sitting. The Speaker of the Assembly was required to notify the Governor or Vice President of Council at each adjournment of the lower house of the time at which it would reconvene. The following is a list of past vice-presidents of

242-604: 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. 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

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264-625: 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. 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,

286-740: The New Jersey Legislative Council from the adoption of the 1776 State Constitution . New Jersey Provincial Council 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. The Provincial Council was established in 1702 upon

308-427: The President of the Council. The Legislative Council itself chose one of its members to be Vice-President of Council who would succeed if a vacancy occurred in the Governor's office. Each county elected one member for a one-year term. Members were required to be "an inhabitant and freeholder in the county in which he is chosen, and worth at least one thousand pounds proclamation money, of real and personal estate, within

330-528: The Province of West Jersey , between 1674 and 1702 in accordance with the Quintipartite Deed , were two distinct political divisions of the Province of New Jersey , which became the U.S. state of New Jersey . The two provinces were amalgamated in 1702. East Jersey's capital was located at Perth Amboy . Determination of an exact location for a border between West Jersey and East Jersey was often

352-461: The fusion of powers system, the Governor and Council comprised the Court of Appeals, "in the last resort", continuing the system in use under colonial rule. Three or more Members of the Legislative Council were to be a privy council to the Governor. Under the 1776 constitution, the Legislative Council had the same powers as the Assembly in the introduction and passage of bills, with the exception that

374-513: 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. 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. In 1733

396-422: The governor, laws were to be transmitted to London, to be signed or disallowed by the Crown. Gubernatorial appointments, including judges , justices of the peace and sheriffs , were to be made with the advice and consent of the council. 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

418-433: The other Scottish proprietors began the development of Perth Amboy as the capital of the province. In 1687, James II permitted ships to be cleared at Perth Amboy. Frequent disputes between the residents and the mostly-absentee proprietors over land ownership and quitrents plagued the province until its surrender to Queen Anne 's government in 1702. (did not recognize John Fenwick's holdings) (between George Carteret on

440-783: The same county". Thirteen counties in 1776 increased to eighteen by 1844. In addition to electing the Governor, the Legislative Council and the General Assembly — in joint meeting — chose the Judges of the New Jersey Supreme Court , Judges of the Inferior Court of Common Pleas , Justices of the Peace , Clerks of the Supreme Court, County Clerks , Attorney General , and Secretary of State . Under

462-556: 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

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484-543: 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. 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 . East Jersey The Province of East Jersey , along with

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