NEW JERSEY CONSTITUTION of NEW-JERSEY. W 7 HERE AS all the conftitutional authority ever poffeffod by the kings of Great-Britain over thefe colonies, or their other dominions was, by compact derived from the people, and held of them for the common intereft of the whole fociety, allegiance and protection are, in the nature of things, reciprocal ties, each equally depending upon the other, and liable to be diffolved by the other's being refused or withdrawn. And whereas George the third, king of Great-Britain, has refused protection to the good people of thefe colonies; and, by affenting to fundry acts of the British parliament, attempted to fubject them to the abfolute dominion of that body; and has allo made war upon them in the most cruel and unnatural manner, for no other cause than afferting their juft rights, all civil authority under him is neceffarily at an end, and a diffolution of government in each colony has confequently taken place. And whereas in the prefent deplorable fituation of these colonies, expofed to the fury of a cruel and relentless enemy, fome form of government is abfolutely neceffary, not only for the prefervation of good order, but also the more effectually to unite the people, and enable them to exert their whole force in their own neceffary defence; and as the honourable the continental congrefs, the fupreme council of the American colonies, "has advised fuch of the colonies as have not yet gone into the meafure, to adopt for themselves reípectively, fuch government as fhall beft conduce to their own happinefs and fafety, and the well-being of America in general: We, the representatives of the colony of New-Jerfey, having been elected by all the counties in the freeft manner, and in congrefs affembled, have, after mature deliberations, agreed upon a fett of charter rights, and the form of a conftitution, in manner following, viz, 1. That the government of this province fhall be vefted in a governor, legiflative council, and general affembly. 2. That the legislative council and general affembly fhall be chofen, for the firft time, on the fecond Tuesday in Auguft next; the members whereof fhall be the fame in number and qualifications as is herein after mentioned; and fhall be and remain vefted with all the powers and authority to be held by any any future legislative council and affembly of this colony, until the fecond Tuesday in October, which fhall be in the year of our Lord one thousand seven hundred and feventy-seven. 3. That on the fecond Tuesday in October yearly, and every year for ever (with the privilege of adjourning from day to day, as occafion may require) the counties fhall feverally choofe one perfon to be a member of the legislative council of this colony, who fhall be and have been for one whole year next before the election, an inhabitant and freeholder in the county in which he is chofen, and worth at least one thousand pounds, proclamation money, of real and perfonal eftate within the fame county that, at the fame time, each county fhall alfo choose three members of affembly; provided, that no perfon. fhall be entitled to a feat in the faid affembly, unless he be and have been for one whole year next before the election, an inha bitant of the county he is to reprefent, and worth five hundred pounds proclamation money in real and perfonal estate, in the fame county that on the fecond Tuesday next after the day of election, the council and affembly fhall feparately meet; and that the confent of both houfes fhall be neceffary to every law; provided, that feven fhall be a quorum of the council for doing bufinefs, and that no law fhall pafs, unless there be a majority of all the reprefentatives of each body perfonally prefent, and agreeing thereto. Provided always, that if a majority of the. reprefentatives of this province, in council and general affembly convened, fhall, at any time or times hereafter, judge it equitable and proper to add to or diminish the number or proportion of the members of affembly for any county or counties in this colony, then, and in fuch cafe, the fame may, on the principles of more equal reprefentation, be lawfully done, any thing in this charter to the contrary notwithstanding, so that the whole number of representatives in affembly shall not at any time be less than thirty nine. 4. That all inhabitants of this colony of full age, who are worth fifty pounds, proclamation money, clear eftate in the fame, and have refided within the county in which they claim a vote, for twelve months immediately preceding the election, fhall be entitled to vote for representatives in council and affembly; and alfo for all other public officers that shall be elected by the people of the county at large. 5. That the affembly, when met, fhall have power to choose a fpeaker, and other their officers; to be judges of the qualifications and elections of their own members; fit upon their own adjournments; prepare bills to be paffed into laws; and to empower their speaker to convene them, whenever any extraordinary occurrence fhall render it neceffary. 6. That 1 6. That the council fhall have power to prepare bills to pass into laws, and have other like powers as the affembly, and in all refpects to be a free and independent branch of the legiflature of this colony; fave only, that they fhall not prepare or alter any money bill, which fhall be the privilege of the affembly, that the council fhall, from time to time, be convened by the governor or vice-prefident, but must be convened at all times when the affembly fits; for which purpose the speaker of the house of affembly fhall always immediately after an adjournment give notice to the governor or vice-president, of the time and place to which the house is adjourned. 7. That the council and affembly jointly, at their first meeting after each annual election, fhall, by a majority of votes, elect fome fit perfon within the colony to be governor for one year, who fhall be conftant prefident of the council, and have a cafting vote in their proceedings; and that the council themfelves fhall choose a vice-prefident, who fhall act as fuch in the abfence of the governor. 8. That the governor, or in his absence, the vice-prefident of the council, fhall have the fupreme executive power, be chancellor of the colony, and act as captain-general and commander in chief of all the militia and other military force in this colony; and that any three or more of the council fhall, at all times, be a privy-council to confult them; and that the governor be ordinary or furrogate-general. 9. That the governor and council, (feven whereof shall be a quorum) be the court of appeals in the laft refort in all claufes of law, as heretofore; and that they poffefs the power of granting pardons to criminals after condemnation, in all cafes of treafon, felony, or other offences. 10. That captains, and all other inferior officers of the militia, fhall be chofen by the companies in the respective counties; but field and general officers by the council and affembly. II. That the council and affembly fhall have power to make the great feal of this colony, which fhall be kept by the governor, or, in his abfence, by the vice-prefident of the council, to be used by them, as occafion may require; and it shall be called, The great feal of the colony of New-Jersey. 12. That the judges of the fupreme court hall continue in office for seven years; the judges of the inferior court of common pleas in the feveral counties, juftices of the peace, clerks of the fupreme court, clerks of the inferior court of common pleas and quarter feffions, the attorney-general, and provincial fecretary, fhall continue in office for five years; and the provincial treasurer shall continue in office for one year; and that they they fhall be feverally appointed by the council and assembly in manner aforefaid, and commiffioned by the governor, or in his abfence the vice-prefident of the council. Provided always, that the faid officers feverally, fhall be capable of being re-appointed at the end of the terms feverally before limited; and that any of the faid officers fhall be liable to be difmiffed, when adjudged guilty of mifbehaviour, by the council on an impeachment of the affembly. 13. That the inhabitants of each county, qualified to vote as aforefaid, fhall, at the time and place of electing their reprefentatives, annually elect one fheriff, and one or more coroners; and that they may re-elect the fame perfon to fuch offices until he shall have ferved three years, but no longer; after which three years must elapfe before the fame perfon is capable of being elected again. When the election is certified to the governor or vice-prefident, under the hands of fix freeholders of the county for which they were elected, they fhall be immediately commiffioned to ferve in their refpective offices. 14. That the townships, at their annual town meetings for electing other officers, fhall chufe conftables for the districts refpectively; and alfo three or more judicious freeholders of good character, to hear and finally determine all appeals relative to unjuft affeffments in cafes of public taxation; which commiffioners of appeal fhall, for that purpose, fit at fome fuitable time or times to be by them appointed, and made known to the people by advertisements. 15. That the laws of the colony fhall begin in the following file, viz. Be it enacted by the council and general affembly of this colony, and it is hereby enacted by authority of the fame: that all commiffions granted by the governor or vice-prefident, fhall run thus-The colony of New-Jersey to A. B. &c. greeting, and that all writs fhall likewife run in the name of the colony and that all indictments fhall conclude in the following manner, viz. Against the peace of this colony, the government and dignity of the fame. 16. That all criminals fhall be admitted to the fame privileges of witneffes and counfel, as their profecutors are or fhall be entitled to. 17. That the eftates of fuch perfons as fhall deftroy their own lives fhall not, for that offence, be forfeited; but fhall defcend in the fame manner as they would have done, had fuch perfons died in the natural way, nor fhall any article which may occafion accidentally the death of any one, be henceforth deemed a deodand, or in any wife forfeited on account of fuch misfortune. す 18. That no perfon fhall ever within this colony be deprived of the ineftimable privilege of worshipping Almighty God in a manner agreeable to the dictates of his own confcience; nor under under any pretence whatever be compelled to attend any place of worship, contrary to his own faith and judgment; nor fhall any perfon within this colony ever be obliged to pay tithes, taxes, or any other ratcs, for the purpose of building or repairleg any other church or churches, place or places of worfhip, or for the maintainance of any minifter or miniftry, contrary to what he believes to be right, or has deliberately or voluntarily engaged himfelf to perform. 19. That there fhall be no establishment of any one religious fect in this province, in preference to another; and that no proteftant inhabitants of this colony fhall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all perfons; profeffing a belief in the faith of any proteftant fect, who fhall demean themfelves peaceably under the government as hereby established; fhall be capable of being elected into any office of profit or truft, or being a member of either branch of the legislatures and shall fully and freely enjoy every privilege and immunity enjoyed by others their fellow fubjects. 20. That the legislative department of this government may; as much as poffible; be preferved from all fufpicion of corruption, none of the judges of the fupreme or other courts, fheriffs, or any other perfon or perfons poffeffed of any post of profit under the government, other than juftices of the peace, fhall be entitled to a feat in the affembly; but that on his being elected and taking his feat, his office or poft fhall be confidered as vacant. 21. That all the laws of this provihce, contained in the edition lately published by Mr. Allinfon, fhall be and remain in full force, until altered by the legislature of this colony (fuch only excepted as are incompatible with this charter) and fhall be, according as heretofore, regarded in all refpects, by all civil officers, and others, the good people of this province. 22. That the common law of England, as well as fo much of the ftatute law as have been heretofore practifed in this colony, fhall ftill remain in force, until they fhall be altered by à future law of the legislature; fuch parts only excepted as are repugnant to the rights and privileges contained in this charter; and that the ineftimable right of trial by jury fhall remain confirmed, as a part of the law of this colony, without repeal for ever: 23. That every person who fhall be elected as aforefaid, to be a member of the legislative council or houfe of affembly, fhall previous to his taking his feat in council or affembly take the following oath or affirmation, viz. L . I, |