The New Jersey Legislative 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 the ...

under the

New Jersey 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 sta ...

of 1776 until it was replaced by the

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, ...

under the Constitution of 1844.

History

The Legislative Council replaced the

New Jersey Provincial Council The New Jersey Provincial Council 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. History The Provincial Council was est ...

, 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 A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

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 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 presidenti ...

system of

state government A state government is the government that controls a subdivision of a country 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 autonom ...

, which allowed for an overlap of

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...

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 gr ...

legislature consisting of a General Assembly with three members from each county and a Legislative Council with one member from each county.See: New Jersey Legislature#Before the Legislature and the Constitution of 1776. All state officials, including the

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

, were to be appointed by the Legislature under this constitution. The Vice-President of Council would succeed the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

(who was the President of the Council) if a vacancy occurred in that office. The

was elected to a one-year term by the Legislative Council and the

General Assembly A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of pres ...

— in joint meeting — and served, with

casting vote A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock ...

, 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. Robert Hooper

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 Court The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging th ...

, Judges of the Inferior Court of Common Pleas,

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 sam ...

, Clerks of the Supreme Court, County Clerks,

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, 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 A privy council is a body that advises the head of state of a state, 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 mo ...

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 Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In ...

of the Assembly was required to notify the Governor or Vice President of Council at each adjournment of the

lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, 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 co ...

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 Council from the adoption of the 1776 State Constitution.List from "Manual of the Legislature of New Jersey", date: various (pre 1950) *1776-81: John Stevens, Hunterdon * 1782: John Cox, Burlington * 1783-84: Philemon Dickinson, Hunterdon * 1785-88: Robert Lettis Hooper, Jr., Hunterdon * 1789-92:

Elisha Lawrence Elisha Lawrence (1746July 23, 1799) 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 17 ...

, Monmouth (acting Governor 1790) * 1793-94: Thomas Henderson, Monmouth (acting Governor 1793 & 1794) * 1795: Elisha Lawrence, Monmouth * 1796-97: James Linn, Somerset * 1798-1800: George Anderson, Burlington * 1801-04:

John Lambert John Lambert may refer to: * John Lambert (martyr) (died 1538), English Protestant martyred during the reign of Henry VIII *John Lambert (general) (1619–1684), Parliamentary general in the English Civil War * John Lambert of Creg Clare (''fl.'' c ...

, Hunterdon (acting Governor 1802-03) * 1805:

Thomas Little Thomas Little (August 27, 1886 in Ogden, Utah – March 5, 1985 in Santa Monica, California) was a United States set decorator who worked on more than 450 Hollywood movies between 1932 and 1953. He won a total of 6 Oscars for art direction and ...

, Monmouth * 1806: George Anderson, Burlington * 1807:

Ebenezer Elmer Ebenezer Elmer (August 23, 1752 – October 18, 1843) 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. Elmer's older brother, Jonathan Elm ...

, Cumberland * 1808: Ebenezer Seeley, Cumberland * 1809: Thomas Ward, Essex * 1810-11: Charles Clark, Essex (acting Governor 1812) * 1812:

James Schureman James Schureman (February 12, 1756January 22, 1824) 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 Sta ...

, Middlesex * 1813: Charles Clark, Essex * 1814-15: William Kennedy, Sussex (acting Governor 1815) * 1816-22: Jesse Upson, Morris * 1823-25: Peter J. Stryker, Somerset * 1826:

Ephraim Bateman Ephraim Bateman (July 9, 1780January 28, 1829) represented New Jersey in the United States Senate from 1826 to 1829 and in the United States House of Representatives from 1815 to 1823. Born in Cedarville, New Jersey, an area within Lawrence Tow ...

, Cumberland * 1827:

Silas Cook Silas or Silvanus (; Greek: Σίλας/Σιλουανός; fl. 1st century AD) was a leading member of the Early Christian community, who according to the New Testament accompanied Paul the Apostle on his second missionary journey. Name and ...

, Morris * 1828:

Caleb Newbold Caleb (), sometimes transliterated as Kaleb ( he, כָּלֵב, ''Kalev'', ; Tiberian vocalization: Kālēḇ; Hebrew Academy: Kalev), is a figure who appears in the Hebrew Bible as a representative of the Tribe of Judah during the Israelit ...

, Burlington * 1829-30:

Edward Condict Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sa ...

, Morris * 1831-32:

Elias P. Seeley Elias Petty Seeley (November 10, 1791 in Bridgeton, New JerseyAugust 23, 1846) was an American Whig Party politician who served as the 11th governor of New Jersey in 1833. Politics Seeley was named to serve as governor after Samuel L. South ...

, Cumberland (acting Governor 1833) * 1833:

Mahlon Dickerson Mahlon Dickerson (April 17, 1770 – October 5, 1853) was a justice of the Supreme Court of New Jersey, the seventh governor of New Jersey, United States Senator from New Jersey, the 10th United States Secretary of the Navy and a United States ...

, Morris * 1834: Jehu Patterson, Monmouth * 1835: Charles Sitgreaves, Warren * 1836: Jeptha B. Munn, Morris * 1837-38: Andrew Parsons, Passaic * 1839-40: Joseph Porter, Gloucester * 1841:

John Cassedy John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second E ...

, Bergen * 1842: William Chetwood, Essex * 1843:

James Patterson James Brendan Patterson (born March 22, 1947) is an American author. Among his works are the '' Alex Cross'', '' Michael Bennett'', '' Women's Murder Club'', '' Maximum Ride'', '' Daniel X'', '' NYPD Red'', '' Witch & Wizard'', and ''Private'' ...

, Monmouth * (1844 elections were for the new

that met in January 1845)

References

{{reflist

External links

The Avalon Project: New Jersey Constitution of 1776Richard J. Connors, ''The Constitution of 1776''New Jersey Legislature
New Jersey Legislature Legal history of New Jersey 1776 establishments in New Jersey 1844 disestablishments in New Jersey Defunct upper houses