The New Jersey Provincial Council was the

upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...

of the

New Jersey Legislature 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 th ...

under colonial rule until it was replaced by the

New Jersey Legislative Council 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. History The Legislative Council replace ...

under the New Jersey Constitution of 1776.

History

The Provincial Council was established in 1702 upon the surrender by the Proprietors of

East Jersey The Province of East Jersey, along with 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 ...

and those of

West Jersey West Jersey and East Jersey were two distinct parts of the Province of New Jersey. The political division existed for 28 years, between 1674 and 1702. Determination of an exact location for a border between West Jersey and East Jersey was often ...

of the right of government to Queen Anne. Anne's government united the two colonies as the

Province of New Jersey The Province of New Jersey was one of the Middle Colonies of Colonial America and became the U.S. state of New Jersey in 1783. The province had originally been settled by Europeans as part of New Netherland but came under English rule after ...

, a

royal colony A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Council ...

, establishing a new system of government. The instructions from Queen Anne to

Viscount Cornbury Edward Hyde, 3rd Earl of Clarendon (28 November 1661 – 31 March 1723), styled Viscount Cornbury between 1674 and 1709, was an English aristocrat and politician. Better known by his noble title Lord Cornbury, he was propelled into the forefr ...

, the first royal governor of New Jersey, outlined a

fusion of powers Fusion of powers is a feature of some parliamentary forms of government where different branches of government are intermingled, typically the executive and legislative branches. It is contrasted with the separation of powers found in president ...

system, which allowed for an overlap of executive,

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

and

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

authority. It provided for a

bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gro ...

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 a new

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...

, and on August 13 a new legislature was elected, with the appointed Provincial Council being succeeded by the elected

Composition

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. 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. 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 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.

Powers

The Provincial Council was the upper house of the colonial legislature, and as such was a predecessor to the modern

New Jersey Senate The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. There are 40 legislative districts, representing districts with an average population of 232, ...

. 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. Gubernatorial appointments, including judges,

justices of the peace A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...

and

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

s, 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 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.

List of presidents

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.List from "Manual of the Legislature of New Jersey", date: various (pre 1950) * 1703-04:

Lewis Morris Lewis Morris (April 8, 1726 – January 22, 1798) was an American Founding Father, landowner, and developer from Morrisania, New York, presently part of Bronx County. He signed the U.S. Declaration of Independence as a delegate to the Continen ...

, Eastern Division * 1705-08:

Andrew Bowne Captain Andrew Bowne (c. 1638 - c. 1708) was an American colonial politician and jurist, who served in various capacities in both New York and New Jersey. Biography A son of William and Ann Bowne, Andrew Bowne was born circa 1638 in Salem, Massac ...

, Eastern Division * 1708-09:

, Eastern Division * 1709:

William Pinhorne William Pinhorne (died 1720) was an American colonial politician and jurist, who served in various capacities in both New York and New Jersey. Career New York William Pinhorne probably arrived in New York City from England in the 1670s. In May ...

, Eastern Division Dunlap, William
''History of the New Netherlands, province of New York, and state of New York, to the adoption of the federal Constitution''
New York : Carter & Thorp, 1839. Cf
p.215
/ref> * 1709-34:

, Eastern Division * 1735-36: John Anderson, Eastern Division * 1736-47: John Hamilton, Western Division * 1747-58: John Reading, Western Division * 1758-64:

Robert Hunter Morris Robert Hunter Morris ( – 27 January 1764), was a prominent governmental figure in Colonial Pennsylvania, serving as governor of Pennsylvania and Chief Justice of the New Jersey Supreme Court. Early life and education Morris was born in ...

, Eastern Division * 1764-75: Peter Kemble, Eastern Division

References

{{reflist

External links

"The Grants, Concessions and Original Constitutions of the Province of New Jersey", Aaron Leaming and Jacob Spicer; W. Bradford, Philadelphia, Pennsylvania, 1758"The Governors of New Jersey 1664-1974: Biographical Essays"New Jersey Legislature
New Jersey Legislature Legal history of New Jersey 1702 establishments in New Jersey 1776 disestablishments in New Jersey Defunct upper houses