A Constitution of New Jersey; 1776
WHEREAS all the constitutional authority ever
possessed by the kings of Great Britain over these colonies, or their other dominions, was, by
compact, derived from the people, and held of them, for the common
interest of the whole society; allegiance and protection are, in the
nature of things, reciprocal ties; each equally depending upon the
other, and liable to be dissolved by the others being refused or
withdrawn. And whereas George the Third, king of Great Britain, has
refused protection to the good people of these colonies; and, by
assenting to sundry acts of the British parliament, attempted to subject
them to the absolute dominion of that body; and has also made war upon
them, in the most cruel and unnatural manner, for no other cause, than
asserting their just rights-all civil authority under him is necessarily
at an end, and a dissolution of government in each colony has
consequently taken place.
And whereas, In the present deplorable situation of these colonies,
exposed to the fury of a cruel and relentless enemy, some form of
government is absolutely necessary, not only for the preservation of
good order, but also the more effectually to unite the people, and
enable them to exert their whole force in their own necessary defense:
and as the honorable the continental congress, the supreme council of
the American colonies, has advised such of the colonies as have not yet
gone into measures, to adopt for themselves, respectively, such
government as shall best conduce to their own happiness and safety, and
the well-being of America in general:-We, the representatives of the
colony of New Jersey, having been elected by all the counties, in the
freest manner, and in congress assembled, have, after mature
deliberations, agreed upon a set of charter rights and the form of a
Constitution, in manner following, viz.
I. That the government of this Province shall be vested in a
Governor, Legislative Council, and General Assembly.
II. That the Legislative Council, and General Assembly, shall be
chosen, for the first time, on the second Tuesday in August next; the
members whereof shall be the same in number and qualifications as are
herein after mentioned; and shall be and remain vested with all the
powers and authority to be held by any future Legislative Council and
Assembly of this Colony, until the second Tuesday in October, which
shall be in the year of our Lord one thousand seven hundred and
seventy-seven.
III. That on the second Tuesday in October yearly, and every year
forever (with the privilege of adjourning from day to day as occasion
may require) the counties shall severally choose one person, to be a
member of the Legislative Council of this Colony, who shall be, and have
been, for one whole year next before the election, 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; that, at the same time, each county shall also choose
three members of Assembly; provided that no person shall be entitled to
a seat in the said Assembly unless he be, and have been, for one whole
year next before the election, an inhabitant of the county he is to
represent, and worth five hundred pounds proclamation money, in real and
personal estate, in the same county: that on the second Tuesday next
after the day of election, the Council and Assembly shall separately
meet; and that the consent of both Houses shall be necessary to every
law; provided, that seven shall be a quorum of the Council, for doing
business, and that no law shall pass, unless there be a majority of all
the Representatives of each body personally present, and agreeing
thereto. Provided always, that if a majority of the representatives of
this Province, in Council and General Assembly convened, shall, at any
time or times hereafter, judge it equitable and proper, to add to or
diminish the number or proportion of the members of Assembly for any
county or counties in this Colony, then, and in such case, the same may,
on the principles of more equal representation, be lawfully done;
anything in this Charter to the contrary notwithstanding: so that the
whole number of Representatives in Assembly shall not, at any time, be
less than thirty-nine.
IV. That all inhabitants of this Colony, of full age, who are worth
fifty pounds proclamation money, clear estate in the same, and have
resided within the county in which they claim a vote for twelve months
immediately preceding the election, shall be entitled to vote for
Representatives in Council and Assembly; and also for all other public
officers, that shall be elected by the people of the county at large.
V. That the Assembly, when met, shall have power to choose a Speaker,
and other their officers; to be judges of the qualifications and
elections of their own members; sit upon their own adjournments; prepare
bills, to be passed into laws; and to empower their Speaker to convene
them, whenever any extraordinary occurrence shall render it necessary.
VI. That the Council shall also have power to prepare bills to pass
into laws, and have other like powers as the Assembly, and in all
respects be a free and independent branch of the Legislature of this
Colony; save only, that they shall not prepare or alter any money
bill-which shall be the privilege of the Assembly; that the Council
shall, from time to time, be convened by the Governor or Vice-President,
but must be convened, at all times, when the Assembly sits; for which
purpose the Speaker of the House of Assembly shall always, immediately
after an adjournment, give notice to the Governor, or Vice-President, of
the time and place to which the House is adjourned.
VII. That the Council and Assembly jointly, at their first meeting
after each annual election, shall, by a majority of votes, elect some
fit person within the Colony, to be Governor for one year, who shall be
constant President of the Council, and have a casting vote in their
proceedings; and that the Council themselves shall choose a
Vice-President who shall act as such in the absence of the Governor.
VIII. That the Governor, or, in his absence, the Vice-President of
the Council, shall have the supreme executive power, be Chancellor of
the Colony, and act as captain-general and commander in chief of all the
militias and other military force in this Colony; and that any three or
more of the Council shall, at all times, be a privy-council, to consult
them; and that the Governor be ordinary or surrogate general.
IX. That the Governor and Council, (seven whereof shall be a quorum)
be the Court of Appeals, in the last resort, in all clauses of law, as
heretofore; and that they possess the power of granting pardons to
criminals, after condemnation, in all cases of treason, felony, or other
offences.
X. That captains, and all other inferior officers of the militia,
shall be chosen by the companies, in the respective counties; but field
and general officers, by the Council and Assembly.
XI. That the Council and Assembly shall have power to make the (treat
Seal of this Colony, which shall be kept by the Governor, or, in his
absence, by the V3ce-President of the Council, to be used by them as
occasion may require: and it shall be called, The Great Seal of the
Colony of New-Jersey.
XII. That the Judges of the Supreme Court shall continue in office
for seven years: the Judges of the Inferior Court of Common Pleas in the
several counties, Justices of the Peace, Clerks of the Supreme Court,
Clerks of the Inferior Court of Common Pleas and Quarter Sessions, the
Attorney-General, and Provincial Secretary, shall continue in office for
five years: and the Provincial Treasurer shall continue in office for
one year; and that they shall be severally appointed by the Council and
Assembly, in manner aforesaid, and commissioned by the Governor, or, in
his absence, the Vice-President of the Council. Provided always, that
the said officers, severally, shall be capable of being re-appointed, at
the end of the terms severally before limited; and that any of the said
officers shall be liable to be dismissed, when adjudged guilty of
misbehaviour, by the Council, on an impeachment of the Assembly.
XIII. That the inhabitants of each county, qualified to vote as
aforesaid' shall at the title and place of electing their
Representatives, annually elect one Sheriff, and one or more Coroners;
and that they may re-elect the same person to such offices, until he
shall have served three years, but no longer; after which, three years
must elapse before the same person is capable of being elected again.
When the election is certified to the Governor, or Vice-President, under
the hands of six freeholders of the county for which they were elected,
they shall be immediately commissioned to serve in their respective
offices.
XIV. That the townships, at their annual town meetings for electing
other officers, shall choose constables for the districts respectively;
and also three or more judicious freeholders of good character, to hear
and finally determine all appeals, relative to unjust assessments, in
cases of public taxation; which commissioners of appeal shall, for that
purpose, sit at some suitable time or times, to be by them appointed,
and made know n to the people by advertisements.
XV. That the laws of the Colony shall begin in the following style,
viz. " Be it enacted by the Council and General Assembly of this Colony,
and it is hereby enacted by authority of the same: " that all
commissions, granted by the Governor or Vice-President, shall run thus-"
The Colony of New-Jersey to A. B. &c. greeting: " and that all writs
shall likewise run in the name of the Colony: and that all indictments
shall conclude in the following manner, viz. "Against the peace of this
Colony, the government and dignity of the same.
XVI. That all criminals shall be admitted to the same privileges of
witnesses and counsel, as their prosecutors are or shall be entitled to.
XVII. That the estates of such persons as shall destroy their own
lives, shall not, for that offence, be forfeited; but shall descend in
the same manner, as they would have done, had such persons died in the
natural way; nor shall any article, which may occasion accidentally the
death of any one, be henceforth deemed, a deodand, or in anywise
forfeited, on account of such misfortune.
XVIII. That no person shall ever, within this Colony, be deprived of
the inestimable privilege of worshipping Almighty God in a manner,
agreeable to the dictates of his own conscience; nor, under any presence
whatever, be compelled to attend any place of worship, contrary to his
own faith and judgment; nor shall any person, within this Colony, ever
be obliged to pay tithes, taxes, or any other rates, for the purpose of
building or repairing any other church or churches, place or places of
worship, or for the maintenance of any minister or ministry, contrary to
what he believes to be right, or has deliberately or voluntarily engaged
himself to perform.
XIX. That there shall be no establishment of any one religious sect
in this Province, in preference to another; and that no Protestant
inhabitant of this Colony shall be denied the enjoyment of any civil
right, merely on account of his religious principles; but that all
persons, professing a belief in the faith of any Protestant sect. who
shall demean themselves peaceably under the government, as hereby
established, shall be capable of being elected into any office of profit
or trust, or being a member of either branch of the Legislature, and
shall fully and freely enjoy every privilege and immunity, enjoyed by
others their fellow subjects.
XX. That the legislative department of this government may, as much
as possible, be preserved from all suspicion of corruption, none of the
Judges of the Supreme or other Courts, Sheriffs, or any other person or
persons possessed of any post of profit under the government, other than
Justices of the Peace, shall be entitled to a seat in the Assembly: but
that, on his being elected, and taking his seat, his office or post
shall be considered as vacant.
XXI. That all the laws of this Province, contained in the edition
lately published by Mr. Allinson, shall be and remain in full force,
until altered by the Legislature of this Colony (such only excepted, as
are incompatible with this Charter) and shall be, according as
heretofore, regarded in all respects, by all civil officers, and others,
the good people of this Province.
XXII. That the common law of England, as well as so much of the
statute law, as have been heretofore practiced in this Colony, shall
still remain in force, until they shall be altered by a future law of
the Legislature; such parts only excepted, as are repugnant to the
rights and privileges contained in this Charter; and that the
inestimable right of trial by jury shall remain confirmed as a part of
the law of this Colony, without repeal, forever.
XXIII. That every person, who shall be elected as aforesaid to be a
member of the Legislative Council, or House of Assembly, shall, previous
to his taking his seat in Council or Assembly, take the following oath
or affirmation, viz:
" I, A. B., do solemnly declare, that, as a member of the Legislative
Council, [or Assembly, as the case may be,] of the Colony of New-Jersey,
I will not assent to any law, vote or proceeding, which shall appear to
me injurious to the public welfare of said Colony, nor that shall annul
or repeal that part of the third section in the Charter of this Colony,
which establishes, that the elections of members of the Legislative
Council and Assembly shall be annual; nor that part of the twenty-second
section in said Charter, respecting the trial by jury, nor that shall
annul, repeal, or alter any part or parts of the eighteenth or
nineteenth sections of the same."
And any person or persons, who shall be elected as aforesaid, is
hereby empowered to administer to the said members the said oath or
affirmation.
Provided always, and it is the true intent and meaning of this
Congress, that if a reconciliation between Great-Britain and these
Colonies should take place, and the latter be taken again under the
protection and government o f the crown of Britain, this Charter shall
be null and void-otherwise to remain firm and inviolable.
In Provincial Congress, New Jersey,
Burlington. July 2, 1776.
By order of Congress.
SAMUEL TUCKER, Pres.
WILLIAM PATTERSON, Secretary.
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