Living History Events
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Revolutionary War
The
American Revolution in Northern New Jersey
Wick
House
Dey
Mansion
Joseph
Bloomfield
Arthur
St. Clair
William
Paterson
New
Jersey Constitution
Industrial Revolution
The
Industrial Revolution in Northern New Jersey
Passaic
Falls at Paterson, Edison Film, July 1896 (RealMedia)
Other Resources
Maps
of Northern New Jersey
New
Jersey Constitution
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New Jersey Constitution of 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by the others being refused or withdrawn.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 cruen and unnatural manner, for no other cause, than asserting
their just rights -- all civil authority under him is necesarily
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
defence: 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 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 lAssembly 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, thast seven shall be a quorum
of the Council, for doing business, and that no law shall pass,
unless there be a mojority 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 nothwithstanding: 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 militia, and other military force in this Colony; and
that any three or more of the Councill 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
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.
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 Provinciall 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, a 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 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.
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 known 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 Generally 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 forefeited; 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 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 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, Sherriffs,
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 practised 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 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 of 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 Paterson, Secretary.
Related Links
Dey
Mansion Photo Gallery - Photos of the interior
and exterior of Dey Mansion in Wayne, New Jersey
Wick
House Photo Gallery - Photos of the interior and
exterior of the Wick House in Morristown, New Jersey
Joseph
Bloomfield - Revolutionary War leader and New
Jersey's fourth governor
William
Paterson - Statesman and New Jersey's second governor
Arthur
St. Clair - General of the Continental Army
1776
New Jersey Constitution - First constitution of
the state of New Jersey
Maps
of Northern New Jersey - Historic and other maps
of Northern New Jersey
Search
rt23.com's North Jersey Directory for Museums and Historical
Sites
Search
rt23.com's North Jersey Events Calendar
The
Reader's Companion to American History by Eric Foner (Editor),
John A. Garraty (Editor), Houghton Mifflin,1991
This
Time, Tempe Wick? by Patricia Lee Gauch, Margot Tomes,
Depicts the indomitable spirit of a young girl, Tempe
Wick, as she saves her beloved horse from the mutinous
soldiers of Jockey Hollow during the American Revolution.
Childrens Book, ages 4-8.
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