CHAPTER III

THE POWERS OF A ROYAL GOVERNOR

THE royal provinces Massachusetts excepted - had no charters. The formal powers of the governor were laid down in his commission. More specific duties were enjoined upon him in the instructions which accompanied his commission or were sent out from time to time. In all the provinces the theoretical authority of the governor was in practice greatly circumscribed by the extraordinary development of representative assemblies. The sharp injunctions of the instructions bear witness to colonial practices which often thwarted the purposes of the Crown.

6. Commission of Francis Bernard as Governor of New Jersey - 1758.1

GEORGE THE SECOND by the Grace of God, of Great Britain, France and Ireland King, Defender of the Faith, &c.

To Our trusty and Wellbeloved Francis Bernard Esq'. Greeting: We reposing especial Trust and Confidence in the Prudence, Courage and Loyalty of you the said Francis Bernard, of our especial Grace certain Knowledge and meer motion, have thought fit to constitute and appoint, and by these Presents do constitute and appoint you . . . to be Our Cap General and Governor in Chief in & over Our Province of Nova Cæsarea or New Jersey, Viz: the Division of East and West New Jersey in America, which we have thought fit to reunite into one Province and settle under one entire Government.

And we do hereby require and command you to do and execute all things in due manner, that shall belong unto your said Command and the Trust We have reposed in you, according to the several Powers and Directions granted or appointed you by this present Commission, and the Instructions and Authorities herewith given you, or by such further Powers,

1 Ricord and Nelson, Documents relating to the Colonial History of the State of New Jersey, IX, 23-34 passim.

Instructions and Authorities as shall at any time hereafter be granted or appointed you under Our Signet and Sign Manual or by Our Order in Our Privy Council, and according to such reasonable Laws and Statutes, as now are in Force, or hereafter shall be made and agreed upon by you, with the Advice and Consent of Our Council and the Assembly of Our said Province under your Government, in such manner and form as is hereafter expressed.

And we do hereby give and grant unto you full Power and Authority to suspend any of the Members of Our said Council, from sitting, voting and assisting therein, if you shall find just Cause for so doing.

And if it shall at any time happen, that by the Death, Departure out of Our said Province, or suspension of any of Our said Councillors or otherwise, there shall be a Vacancy in Our said Council, any three whereof We do hereby appoint to be a Quorum; Our Will and Pleasure is, that you signify the same unto us by the first opportunity, that We may under Our Signet and Sign Manual constitute and appoint others in their Stead.

...

And we do hereby give and grant unto You full Power & Authority with the Advice and Consent of Our said Council, from time to time as need shall require, to summon and call general Assemblies of the said Freeholders and Planters within your Government, in manner and form as shall be directed in Our Instructions, which shall be given you together with this Our Commission.

And you with the Consent of Our said Council, [and] Assembly or the Major Part of them respectively, shall have full Power and Authority to make, constitute and ordain Laws, Statutes and Ordinances for the publick Peace, Welfare & good Government of Our said Province and of the People and Inhabitants thereof, and such others as shall resort thereto, and for the Benefit of Us, Our Heirs and Successors; which said Laws, Statutes and Ordinances are not to be repugnant, but as near as may be agreable unto the Laws and Statutes of this Our Kingdom of Great Britain; provided that all such Laws, Stat

utes and Ordinances, of what Nature or duration soever, be, within three Months or sooner after the making thereof, transmitted unto us under Our Seal of Nova Cæsarea or New Jersey, for Our Approbation or disallowance of the same, as also Duplicates thereof by the next Conveyance.

or to

And in case any or all of the said Laws, Statutes and Ordinances (being not before confirm'd by Us) shall at any time be disallow'd and not approved, and so signified by Us, Our Heirs or Successors under Our or their Sign Manual and Signet, or by Order of Our or their Privy Council unto you the Commander in Chief of Our said Province for the time being, then such and so many of the said Laws, Statutes and Ordinances as shall be so disallowed and not approved, shall from henceforth cease, determine and become utterly void and of none Effect, any thing to the contrary thereof notwithstanding.

And to the end that nothing may be passed or done by Our said Council or Assembly, to the Prejudice of us, Our Heirs and Successors, We Will & Ordain, that you . . . shall have and enjoy a Negative Voice in the making and passing of all Laws, Statutes and Ordinances, as aforesaid.

And you shall and may likewise from time to time, as you shall judge it necessary, adjourn, prorogue and dissolve all General Assemblies, as aforesaid.

And We do further by these Presents give and grant unto you... full Power and Authority with the Advice and Consent of Our said Council, to erect, constitute and appoint such & so many Courts of Judicature and publick justice within Our said Province under your Government, as you and they shall think fit and necessary for the hearing and determining all causes, as well Criminal as Civil, according to Law and Equity. ...

And we do hereby authorize and impower You to constitute and appoint Judges (and in Cases requisite Commissioners of Oyer and Terminer), Justices of the Peace, and other necessary Officers and Ministers in Our said Province for the better Administration of Justice and putting the Laws in Execution, and to administer or cause to be administered unto them such

Oath or Oaths as are usually given for the due Execution and Performance of Offices and Places, and for the clearing of Truth in Judicial Causes.

And We do hereby give and grant unto you full Power and Authority where you shall see Cause, or shall judge any offender or offenders in criminal Matters, or for any Fines or Forfeitures due unto Us, fit Objects of Our Mercy, to pardon all such Offenders, and to remit all such Offences, Fines and Forfeitures, Treason and Willful Murder only excepted, in which Cases you shall likewise have Power upon extraordinary Occasions to grant Reprieves to the Offenders, untill and to the Intent Our Royal Pleasure may be Known therein.

And We do by these Presents authorize and impower you to collate any Person or Persons to any Churches, Chapels or other Ecclesiastical Benefices within Our said Province, as often as any of them shall happen to be void.

And We do hereby give and grant unto you by yourself or by your Captains and Commanders by you to be authorized, full Power and Authority to levy, arm, muster, command, and imploy all Persons whatsoever residing within Our said Province of Nova Cæsarea or New Jersey under your Government, and, as Occasion shall serve, to march from one place to another, or to embark them for the resisting and withstanding of all Enemies, Pirates and Rebels, both at Sea and Land, and to transport such Forces to any of Our Plantations in America (if necessity shall require) for the Defence of the same against the invasion or Attempts of any of Our Enemies, and such Enemies, Pirates and Rebels, if there shall be occasion, to persue and prosecute in or out of the Limits of Our said Province and Plantations or any of them; and, if it shall so please God, them to vanquish, apprehend and take, and being taken either according to Law to put to Death, or Keep and preserve alive at your Discretion, & to execute Martial Law in time of Invasion or other times when by Law it may be executed, and to do and execute all and every other thing and things which to Our Captain General and Governor in Chief doth or ought of Right to belong.

Our further Will & Pleasure is, that all publick Money raised or which shall be raised by any Act hereafter to be made within Our said Province, be issued out by Warrant from You, by and with the advice & Consent of Our Council, and disposed of by you for the Support of the Government, and not otherwise.

7. Instructions to Governor Bernard of New Jersey — 1758.1

INSTRUCTIONS to Our Trusty and Well beloved FRANCIS BERNARD ESQ Our Captain General and Governor in Chief in and over Our province of Nova Cæsarea or New Jersey in America.

1st With these Our Instructions your [you] will receive Our Commission under Our Great Seal of Great-Britain, constituting You Our Capt" General and Governor in Chief in and over Our province of New Jersey, You are therefore with all convenient Speed to repair to Our said Province, and being there arrived, You are to take upon you the Execution of the Peace [Place] and Trust We have reposed in You, and forthwith to call together the Members of our Council in and for that province, viz..

4. You are forthwith to communicate to Our said Council such and so many of these Our Instructions wherein their Advice and Consent are required, as likewise all such others from time to time as you shall find convenient for Our Service to be imparted to them.

5. You are to permit the Members of Our said Counb[c]il to have and enjoy Freedom of Debate and Vote in all affairs of publick Concern, that may be debated in Council. . .

9. And in the Choice and nomination of the Members of Our said Council, as also of the Chief Officers, Judges, Assistant Justices and Sheriffs; You are always to take Care, that they be men of good life, well affected to our Government, of good Estates, and of Abilities suitable to their Employments. . . . 12. And Our Will and Pleasure is, that with all convenient

1 Ricord and Nelson, Documents relating to the Colonial History of the State of New Jersey, IX, 40-77 passim.