New Jersey Legislative Council
Encyclopedia
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.
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 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 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 the same county". Thirteen counties in 1776 increased to eighteen by 1844.
, 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 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 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.
from the adoption of the 1776 State Constitution
.
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of the New Jersey Legislature
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 the Senate...
under the New Jersey Constitution of 1776 until it was replaced by the New Jersey Senate
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. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
under the Constitution of 1844.
History
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 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.Composition
The 1776 Constitution set up a fusion of powersFusion of powers
Fusion of powers is a feature of parliamentary democracies, wherein the executive and legislative branches are intermingled. It is often contrasted with the more strict separation of powers found in the presidential democracies. Fusion of powers exists in many, if not a majority, of democracies...
system of state government
State government
A state government is the government of a subnational entity in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government...
, which allowed for an overlap of executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, legislative and judicial authority. It provided for a bicameral legislature consisting of a General Assembly with three members from each county and a Legislative Council with one member from each county. All state officials, including the governor
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
, were to be appointed by the Legislature under this constitution. The Vice-President of Council
Vice-President of Council
The Vice-President of Council of the New Jersey Legislature would succeed the Governor if a vacancy occurred in that office.-List of past Vice-Presidents of Council:...
would succeed the Governor (who was the President of the Council) if a vacancy occurred in that office. The Governor
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
was elected to a one-year term by the Legislative Council and the General Assembly
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature.Since the election of 1967 , the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average...
— in joint meeting — and served, with casting vote
Casting vote
A casting vote is a vote given to the presiding officer of a council or legislative body to resolve a deadlock and which can be exercised only when such a deadlock exists...
, as the President of the Council. The Legislative Council itself chose one of its members to be Vice-President of Council
Vice-President of Council
The Vice-President of Council of the New Jersey Legislature would succeed the Governor if a vacancy occurred in that office.-List of past Vice-Presidents 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 the same county". Thirteen counties in 1776 increased to eighteen by 1844.
Powers
In addition to electing the Governor, the Legislative Council and the General Assembly — in joint meeting — chose the Judges of the New Jersey Supreme CourtNew Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
, Judges of the Inferior Court of Common Pleas, Justices of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, Clerks of the Supreme Court, County Clerks, Attorney General, and Secretary of State
Secretary of State of New Jersey
The Secretary of State of New Jersey is responsible for overseeing artistic, cultural, and historical programs within the U.S. state of New Jersey, as well as volunteerism and community service projects within the state....
.
Under 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
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
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 the Council could not “prepare or alter any money bill
Money bill
In the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
”; that authority was left to the Assembly alone. Sessions of the Legislative Council could only be convened while the Assembly was sitting. The Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Assembly was required to notify the Governor or Vice President of Council at each adjournment of the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
of the time at which it would reconvene.
List of past Vice-Presidents of Council
The following is a list of past Vice-Presidents of the New Jersey Legislative CouncilVice-President of Council
The Vice-President of Council of the New Jersey Legislature would succeed the Governor if a vacancy occurred in that office.-List of past Vice-Presidents of Council:...
from the adoption of the 1776 State Constitution
New Jersey State Constitution
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
.
- 1776-81: John StevensJohn Stevens (New Jersey)John Stevens was a prominent politician from New Jersey who served as a delegate to the Continental Congress in 1783....
, Hunterdon - 1782: John Cox, Burlington
- 1783-84: Philemon DickinsonPhilemon DickinsonPhilemon Dickinson was an American lawyer and politician from Trenton, New Jersey. As a brigadier general of the New Jersey militia, he was one of the most effective militia officers of the American Revolutionary War. He was also a Continental Congressman from Delaware and a United States Senator...
, Hunterdon - 1785-88: Robert Lettis Hooper, Hunterdon
- 1789-92: Elisha LawrenceElisha LawrenceElisha Lawrence was an American Federalist Party politician, who represented Monmouth County in the New Jersey Legislative Council, the precursor to the New Jersey State Senate, from 1780 through 1783, from 1789 through 1792 and in 1795...
, Monmouth (acting Governor 1790) - 1793-94: Thomas HendersonThomas Henderson (New Jersey)Thomas Henderson was a United States Representative from New Jersey.Born in Freehold, he attended the public schools and was graduated from Princeton College in 1761. He studied medicine and practiced first in Freneau, and afterwards in Freehold, about 1765...
, Monmouth (acting Governor 1793 & 1794) - 1795: Elisha Lawrence, Monmouth
- 1796-97: James LinnJames LinnJames Linn was a United States Representative from New Jersey. Born in Bedminster Township, he pursued preparatory studies and graduated from Princeton College in 1769. He studied law, was admitted to the bar in 1772 and commenced practice in Trenton...
, Somerset - 1798-1800: George Anderson, Burlington
- 1801-04: John LambertJohn Lambert (politician)John Lambert , was a New Jersey politician who served as a Representative, a U.S. Senator and as Acting Governor of New Jersey....
, Hunterdon (acting Governor 1802-03) - 1805: Thomas Little, Monmouth
- 1806: George Anderson, Burlington
- 1807: Ebenezer ElmerEbenezer ElmerEbenezer Elmer was an American physician from Bridgeton, New Jersey. He represented New Jersey in the U.S. Congress from the Democratic-Republican Party from 1801 to 1807...
, Cumberland - 1808: Ebenezer Seeley, Cumberland
- 1809: Thomas WardThomas Ward (congressman)Thomas Ward represented New Jersey's 1st congressional district in the United States House of Representatives from 1813 to 1817.Born in Newark, New Jersey, Ward completed preparatory studies.He studied law....
, Essex - 1810-11: Charles Clark, Essex (acting Governor 1812)
- 1812: James SchuremanJames SchuremanJames Schureman was an American merchant and statesman from New Brunswick, New Jersey. He represented New Jersey in the Continental Congress as well as the United States House of Representatives and United States Senate....
, Middlesex - 1813: Charles Clark, Essex
- 1814-15: William KennedyWilliam Kennedy (New Jersey)William Kennedy was an American Democratic-Republican Party politician, who served on the New Jersey Legislative Council, the precursor to the New Jersey Senate. He served as Vice-President of Council from 1814 to 1815...
, Sussex (acting Governor 1815) - 1816-22: Jesse Upson, Morris
- 1823-25: Peter J. Stryker, Somerset
- 1826: Ephraim BatemanEphraim BatemanEphraim Bateman represented New Jersey in the United States Senate from 1826 to 1829 and in the United States House of Representatives from 1815-1823....
, Cumberland - 1827: Silas Cook, Morris
- 1828: Caleb Newbold, Burlington
- 1829-30: Edward Condict, Morris
- 1831-32: Elias P. SeeleyElias P. SeeleyElias Petty Seeley was an American Whig Party politician who served as the 11th Governor of New Jersey in 1833. Seeley was named to serve as governor after Samuel L. Southard stepped down from office to take a seat in the United States Senate...
, Cumberland (acting Governor 1833) - 1833: Mahlon DickersonMahlon DickersonMahlon Dickerson was an American judge and politician. He was elected Governor of New Jersey as well as United States Senator from that state. He was twice appointed Secretary of the Navy - under Presidents Andrew Jackson and Martin van Buren...
, Morris - 1834: Jehu Patterson, Monmouth
- 1835: Charles SitgreavesCharles SitgreavesCharles Sitgreaves was an American Democratic Party politician who represented New Jersey's 3rd congressional district from 1865 to 1869.-Biography:...
, Warren - 1836: Jeptha P. Munn, Morris
- 1837-38: Andrew Parsons, Passaic
- 1839-40: Joseph Porter, Gloucester
- 1841: John Cassedy, Bergen
- 1842: William ChetwoodWilliam ChetwoodWilliam Chetwood was a U.S. Representative from New Jersey. He was the Mayor of Elizabethtown, New Jersey from 1839 to 1841.-Biography:...
, Essex - 1843: James PattersonJames Patterson (New Jersey)James Patterson was an American Democratic Party politician from New Jersey, who served on the Monmouth County, New Jersey Board of Chosen Freeholders and the New Jersey Legislative Council....
, Monmouth - (1844 elections were for the new New Jersey SenateNew Jersey SenateThe New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
that met in January 1845)