The National Intelligencer And Washington Advertiser

NEW-JERSEY.

IN PRIVY COUNCIL

December 2d, 1802.

Present,—The Hon. John Lambert,

Vice President.

Mr. Pennington,

Mr. Welsh,

Mr. Little,

Mr. M'Cullough.

Mr. Farret.

The Vice-President having informed the Council that the Legislature had adjourned without day, and without having chosen a Governor, and suggested that some doubts had arisen on the construction of the Constitution as to the extent of his authority in the present vacancy of that office, and therefore had considered it as his duty to convene the Council and to take their opinion on the subject—whereupon after mature consideration it was unanimously

Resolved, As the opinion of this Council, that the Vice-President, is in consequence of the existing vacancy of the office of Governor of this State, vested with and hath full authority, to exercise, during the present vacancy of the office of Governor, the Supreme Executive power of the State,—the office of Chancellor of the State, and the office of Commander in Chief of the Militia of the State; and hath authority to keep and use the Great Seal of the State, and to commission all officers appointed by the Council and Assembly jointly—and all Sheriffs and Coroners duly elected, in the several Counties of the State.

That the office of Ordinary, not being specifically enumerated in the powers given to the Vice-President, in case of the vacancy of the office of Governor; or as it is expressed in the Constitution, Absence of the Governor, some doubts have arisen in the minds of the Members of the Council relative to the authority of the Vice-President, with respect to that office; but on viewing the Constitution in all its parts and aspects, the minds of the Members of Council are strongly impressed with an appearance of an intention in the framers of the Constitution to substitute the Vice-President in the place of the Governor, in all cases of a want of a Governor to fill the office and execute the duties thereof. The uniform practice, that hath obtained in the State commencing the next year after the adoption of the constitution, and continuing on till this time without hesitation or doubt, for the Vice-President to exercise the office of Ordinary, in all cases of the vacancy of the office of Governor, from whatever cause it hath happened, furnishes in the minds of the Members of the Council, an instructive Commentary on the Constitution itself; and when the members of Council add to the foregoing, the Consideration of the great inconvenience and injuries, the Inhabitants of the State must unavoidably be exposed to, in case of a suspension of the due and regular exercise of the Office of Ordinary; they do unanimously advise the Vice-President to take upon himself the authority of Ordinary and to exercise and perform all the duties and functions appertaining to that office.

I certify the foregoing to be a true Copy, taken from the minutes and published by order of the Council.

JOHN BEATTY, Clerk.

In consequence of the foregoing advice, and the determination of the Vice-President to exercise the Office of Ordinary; I am directed to notify the Surrogates of the Counties respectively, that they are to consider themselves as continued in Office, and acting under the authority of the Hon. John Lambert, Esq. until his further pleasure be known.

The Surrogates will therefore proceed to execute the duties of their offices, in all respects as heretofore, taking Administration and other bonds in the name of John Lambert, acting as Ordinary or Surrogate-General of the State.

JOHN BEATTY. Register.

Register's Office,

Trenton, Dec. 2, 1802.