Imágenes de páginas
PDF
EPUB

previous to a new election for members to the House of Representatives; and if the alteration proposed by the legislature shall be agreed to in their first session, by twothirds of the whole representation, in each branch of the legislature, after the same shall have been read on three several days in each House, then, and not otherwise, the same shall become a part of the Constitution.

AMENDMENT RATIFIED DECEMBER 19, 1816.

That the third section of the tenth article of the Constitution of this State be altered and amended to read as follows: The judges shall, at such times and places as shall be prescribed by act of the legislature of this State, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them.

CONSTITUTION OF NEW JERSEY.

1. That the government of this province shall be vested in a Governor, legislative Council, and general Assemby. 2. That the said legislative Council and general Assembly shall be chosen, for the first time, on the second Tuesday of August next; the members whereof shall be the same in number and qualifications as is hereinafter 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.

3. That, on the second Tuesday in October yearly, and every year for ever, (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

1

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 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 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.

5. 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.

6. 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 the 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 President of the Council, and have a casting vote in their proceedings; and that the Council themselves shall choose a VicePresident, who shall act as such in the absence of the Go

vernor.

8. That the Governor, or, in his absence, the Vice-President of the Council, shall have the supreme executive power, be chancellor of the colony, 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 advise the Governor in all cases where he may find it necessary to consult them; and that the Governor be ordinary or surrogate-general.

9. That the Governor and Council (seven whereof shall be a quorum) be the court of appeals, in the last resort, in all causes 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 Assembly.

11. That the Council and Assembly shall have power to make the great seal 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 seal of the colony of New Jersey.

12. 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 attorneygeneral, 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, by 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 misdemeanor by the Council, on an impeachment of the Assembly.

13. That the inhabitants of each county, qualified to vote as aforesaid, shall, at the time 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.

14. That the townships, at their annual 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 known to the people by advertisements.

15. That laws of this 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 the 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.

[ocr errors]

16. That all criminals shall be admitted to the same privilege of witnesses and counsel as their prosecutors are or shall be entitled to.

17. That the estate 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 a natural way: nor shall any article which may occasion accidentally the death of any one be henceforth deemed a deodand, or in any wise forfeited, on account of such misfortune.

18. 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 pretence 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 purposes 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 and voluntarily engaged 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 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

« AnteriorContinuar »