Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
History
Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
America -- Discovery and exploration; America -- History; United States -- History
governor’s recommendation, took the place of the English House of
Lords. The governor had a negative voice in the making of all laws,
the final veto remaining with the king, to whom every act had to be
sent for confirmation. Three coördinate factors of the government—the
assembly, the council, and the governor—were now established in
theory; in reality there were only two, for the governor always
presided at the sessions of the council, voting as a member, and in
case of a tie gave also a casting vote. This state of affairs, by which
the executive branch possessed two votes on every legislative measure,
as well as the final approval, continued until 1733, when, Governor
Cosby having quarrelled with the chief justice and other members of
the council, the question was submitted to the home government. The
law officers now declared that it was inconsistent with the nature of
the English government, the governor’s commission, and his majesty’s
instructions for the governor in any case whatsoever to sit and vote
as a member of the council. Governor Cosby was therefore informed by
the Lords of Trade and Plantations that he could sit and advise with
the council on executive business, but not when the council met as a
legislative body.
The first assembly called by Governor Sloughter enacted, in 1691,
the Bill of Rights, which was the Charter of Liberties of 1683, with
some modifications relative to churches. It met with the same fate as
before, as the Lords of Trade could not recommend it to the king for
approval, because it gave “great and unreasonable privileges” to the
members of the general assembly, and “contained also several large and
doubtful expressions.” The king accordingly vetoed it in 1697, after
the ministry had required six years to discover the objections against
it. They could not very well give the real reason, which was that this
Bill of Rights vested supreme power and authority, under the king, in
the governor, council, and the _people by their representatives_, while
it was as yet undecided whether in New York, a “conquered” province,
the people had any right to demand representation in the legislative
bodies.
[Illustration: GOVERNOR FLETCHER.
From a plate in Valentine’s _N. Y. City Manual_, 1851.]
Governor Sloughter died within a few months after his arrival in New
York (June, 1691), and was succeeded by Colonel Benjamin Fletcher,
“a soldier, a man of strong passions and inconsiderable talent, very
active and equally avaricious,” who, as his successor Bellomont said,
allowed the introduction into the province of a debased coinage (the
so-called dog dollars); protected pirates, and took a share of their
booty as a reward for his protection; misapplied and embezzled the
king’s revenue and other moneys appropriated for special and public
uses; gave away and took for himself, for nominal quit-rents, extensive
tracts of land; and used improper influence in securing the election of
his friends to the general assembly.
Public-domain text, read in full here on John Shaqi.
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