NEW JERSEY

:

CONSTITUTION of NEW-JERSEY.

WHEREAS all the conftitutional authority ever poffeffod

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reciprocal ties, each equally depending upon the other, and liable to be diffolved by the other's being refused or withdrawn.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 these colonies; and, by affenting to fundry acts of the British parliament, attempted to fubject them to the absolute dominion of that body; and has alfo made war upon them in the most cruel and unnatural manner, for no other cause than afferting their just 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 présent deplorable situation of these colonies, exposed to the fury of a cruel and relentless enemy, fome form of government is absolutely 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 necessary defence; and as the honourable the continental congrefs, the supreme council of the American colonies, has advised such of the colonies as have not yet gone into the measure, to adopt for themselves respectively, fuch government as shall best conduce to their own happiness and fafety, 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 congrefs assembled, have, after mature deliberations, agreed upon a fett of charter rights, and the form of a constitution, in manner following, viz.

1. That the government of this province shall be vested in a governor, legiflative council, and general assembly.

2. That the legislative council and general assembly shall be chofen, for the first time, on the second Tuesday in August next; the members whereof shall be the fame in number and qualifications as is herein after mentioned; and shall be and remain vested with all the powers and authority to be held by

any

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.

3. That on the second Tuesday in October yearly, and every year for ever (with the privilege of adjourning from day to day, as occafion 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 fame county: that, at the same time, each county shall also choose three members of affembly; provided, that no person. shall be entitled to a feat 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, any thing 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.

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, shall be entitled to vote for representatives in council and affembly; and also for all other public officers that shall be elected by the people of the county at large.

5. That the affembly, 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; fit 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 neceffary.

6. That the council shall have power to prepare bills to pass into laws, and have other like powers as the assembly, and in all respects to be a free and independent branch of the legiflature of this colony; save only, that they shall not prepare or alter any money bill, which shall be the privilege of the affembly, that the council shall, from time to time, be convened by the governor or vice-prefident, but must be convened at all times when the assembly fits; 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.

7. 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 prefident 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.

8. That the governor, or in his absence, the vice-prefident 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 militia 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 confult them; and that the governor be ordinary or furrogate-general.

9. 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.

10. 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 affembly.

II. That the council and assembly shall have power to make the great feal of this colony, which shall be kept by the governor, or, in his absence, by the vice-president of the council, to be used by them, as occasion may require; and it shall be called, The great feal of the colony of New-Fersey.

12. That the judges of the fupreme 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 fupreme court, clerks of the inferior court of common pleas and quarter feffions, 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 they shall be severally appointed by the council and assembly in manner aforesaid, and commiffioned by the governor, or in his abfence 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 faid officers shall be liable to be dismissed, when adjudged guilty of misbehaviour, by the council on an impeachment of the affembly.

13. That the inhabitants of each county, qualified to vote as aforefaid, shall, at the time and place of electing their re presentatives, annually elect one sheriff, and one or more coroners; and that they may re-elect the fame person to such offices until he shall have ferved three years, but no longer; after which three years must elapse before the fame person is capable of being elected again. When the election is certified to the governor or vice-president, under the hands of fix freeholders of the county for which they were elected, they shall be immediately commiffioned to ferve in their respective offices.

14. That the townships, at their annual town meetings for electing other officers, shall chuse conftables for the districts respectively; and also three or more judicious freeholders of good character, to hear and finally determine all appeals relative to unjust affefsments in cases of public taxation; which commiffioners of appeal shall, for that purpose, fit at some suitable time or times to be by them appointed, and made known to the people by advertisements.

15. That the laws of the colony shall begin in the following ftile, 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-president, shall run thus-The colony of New-Ferfey 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.

16. That all criminals shall be admitted to the fame privileges of witnesses and counsel, as their profecutors are or shall be entitled to.

17. That the estates of fuch persons as shall deftroy their own lives shall not, for that offence, be forfeited; but fhall defcend in the fame manner as they would have done, had such persons died in the natural way; nor shall 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.

18. That no person shall 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 shall any perfon within this colony ever be obliged to pay tithes, taxes, or any other ratcs, for the purpose of building or repairieg any other church or churches, place or places of worship, or for the maintainance of any minifter or miniftry, contrary to what he believes to be right, or has deliberately or voluntarily engaged himself to perform.

19. That there shall be no establishment of any one religious sect in this province, in preference to another; and that no protestant inhabitants of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all persons; profeffing a belief in the faith of any proteftant sect, who shall demean themselves peaceably under the government as hereby established, shall be capable of being elected into any office of profit or truft, or being a member of either branch of the legiflature, and shall fully and freely. enjoy every privilege and immunity enjoyed by others their fellow subjects.

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, sheriffs, or any other perfon or persons possessed of any poft of profit under the government, other than justices of the peace, shall be entitled to a feat in the assembly; but that on his being elected and taking his feat, his office of post shall be confidered

as vacant.

21. 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.

22. That the common law of England, as well as so much of the statute law as have been heretofore practised in this colony, shall still remain in force, until they shall be altered by a future law of the legislature; fuch parts only excepted as are repugriant to the rights and privileges contained in this charter; and that the ineftimable right of trial by jury shall remain confirmed, as a part of the law of this colony, without repeal for ever!

23. That every person who shall be elected as aforefaid, to be a member of the legislative council or house of assembly, shall previous to his taking his feat in council or assembly take the following oath or affirmation, viz.

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