Изображения страниц
PDF
EPUB
[graphic]

office or receive any pension or salary from any other state, governver whatever.

No person shall be capable of exercising at the same time more the following offices within this state, viz.: judge of probate, sheriff, eeds; and never more than two offices of profit, which may be held by of the [governor] or [governor]1 and council, or senate and house atives, or superior or inferior courts, military offices and offices of he peace excepted.

No person holding the office of judge of any court (except special retary, treasurer of the state, attorney-general, commissary-general, ers receiving pay from the continent or this state (excepting officers ia occasionally called forth on an emergency), registers of deeds, icers of the customs, including naval officers, collectors of excise and ontinental taxes hereafter appointed, and not having settled their th the respective officers with whom it is their duty to settle such mbers of congress or any person holding any office under the United at the same time hold the office of governor, or have a seat in r house of representatives or council; but his being chosen and apnd accepting the same shall operate as a resignation of their seat , senate or house of representatives or council, and the place so 1 be filled up. No member of the council shall have a seat in the use of representatives.3

No person shall ever be admitted to hold a seat in the legislature, of trust or importance under this government, who, in the due course been convicted of bribery or corruption in obtaining an election or

In all cases where sums of money are mentioned in this constitue thereof shall be computed in silver at six shillings and eight pence

To the end that there may be no failure of justice or danger to the alterations and amendments made in the constitution, the genhereby fully authorized and directed to fix the time when the alteraendments shall take effect, and make the necessary arrangements

It shall be the duty of the selectmen and assessors of the several aces in this state, in warning the first annual meeting for the choice fter the expiration of seven years from the adoption of this conamended, to insert expressly in the warrant this purpose among r the meeting, to wit, to take the sense of the qualified voters on f a revision of the constitution; and, the meeting being warned and not otherwise, the moderator shall take the sense of the qualiresent as to the necessity of a revision; and a return of the numfor and against such necessity shall be made by the clerks, sealed ed to the general court at their then next session; and if it shall general court by such return that the sense of the people of the n taken, and that, in the opinion of a majority of the qualified state present and voting at said meetings, there is a necessity for the constitution, it shall be the duty of the general court to call for that purpose; otherwise the general court shall direct the sense to be taken, and then proceed in the manner before mentioned; the e chosen in the same manner and proportioned as the representageneral court; provided, that no alteration shall be made in this efore the same shall be laid before the towns and unincorporated proved by two-thirds of the qualified voters present and voting on

ed for the original article in 1793.

ed for the original article in 1793.

ART. 99. And the same method of taking the sense of the people as to a revision of the constitution, and calling a convention for that purpose, shall be observed afterward, at the expiration of every seven years.5

ART. 100. This form of government shall be enrolled on parchment and deposited in the secretary's office, and be a part of the laws of the land, and printed copies thereof shall be prefixed to the books containing the laws of this state in all future editions thereof.

5 Substituted for last article of original constitution in 1793.

[ocr errors]

CONSTITUTION OF NEW JERSEY-1844.*

Constitution agreed upon by the delegates of the people of New Jersey, in convention begun at Trenton on the fourteenth day of May, and continued to the twenty-ninth day of June, in the year of our Lord one thousand eight hundred and forty-four, ratified by the people at an election held on the thirteenth day of August, A. D. 1844, and amended at a special election held on the seventh day of September, A. D. 1875, and at another special election held on the twenty-eighth day of September, A. D. 1897.

We, the people of the State of New Jersey, grateful to Almighty God for è civil and religious liberty which He hath so long permitted us to enjoy, and king to Him for a blessing upon our endeavors to secure and transmit the me unimpaired to succeeding generations, do ordain and establish this Contution:

ARTICLE I.

RIGHTS AND PRIVILEGES,

1. All men are by nature free and independent, and have certain natural 1 unalienable rights, among which are those of enjoying and defending life 1 liberty; acquiring, possessing and protecting property, and of pursuing and aining safety and happiness.

2. All political power is inherent in the people. Government is instituted *the protection, security and benefit of the people, and they have the right all times to alter or reform the same, whenever the public good may require it. 3. No person shall be deprived of the inestimable privilege of worshiping nighty God in a manner agreeable to the dictates of his own conscience; nor, ler any pretence whatever, to be compelled to attend any place of worship trary to his faith and judgment; nor shall any person be obliged to pay tithes, es or other rates for building or repairing any church or churches, place places of worship, or for the maintenance of any minister or ministry, conry to what he believes to be right, or has deliberately and voluntarily enged to perform.

4. There shall be no establishment of one religious sect in preference to other; no religious test shall be required as a qualification for any office or blic trust; and no person shall be denied the enjoyment of any civil right rely on account of his religious principles.

5. Every person may freely speak, write and publish his sentiments on all ojects, being responsible for the abuse of that right. No law shall be passed restrain or abridge the liberty of speech or of the press. In all prosecutions indictments for libel, the truth may be given in evidence to the jury; and it shall appear to the jury that the matter charged as libelous is true, and is published with good motives and for justifiable ends, the party shall be quitted; and the jury shall have the right to determine the law and the fact.

6. The right of the people to be secure in their persons, houses, papers and ects, against unreasonable searches and seizures, shall not be violated; and no irrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the papers and things be seized.

The constitution of New Jersey was drafted by a convention which assembled Trenton, on May 14, and adjourned on June 29, 1844, and was ratified by the electors August 13, 1844, by a vote of 20,276 for and 3,526 against and 69 votes rejected. le constitution was submitted as a whole and no proposition was submitted sepately, and it became effective on September 2, 1844. The constitution has been nended twice; the first group of amendments was proposed and adopted by the legisture of 1874, re-adopted by the legislature of 1875, ratified at a special election held September 7, 1875, and became effective on September 28, 1875; the second group of mendments was proposed and adopted by the legislature of 1896, re-adopted by the gislature of 1897, ratified at a special election held on September 28, 1897, and beme effective on October 26, 1897.

7. The right of a trial by jury shall remain inviolate; but the legislature may authorize the trial of civil suits, when a matter in dispute does not exceed fifty dollars, by a jury of six men.

S. In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defense.

9. No person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy; or in the militia, when in actual service in time of war or public danger.

10. No person shall, after acquittal, be tried for the same offense. AR persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or presumption great.

11. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it.

12. The military shall be in strict subordination to the civil power.

13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in a manner prescribed by law.

14. Treason against the State shall consist only in levying war against it. or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the sale overt act, or on confession in open court.

15. Excessive bail shall not be required, excessive fines shall not be in posed, and cruel and unusual punishments shall not be inflicted.

16. Private property shall not be taken for public use without just com pensation; but land may be taken for public highways as heretofore, until the legislature shall direct compensation to be made.

17. No person shall be imprisoned for debt in any action, or on any judg ment founded upon contract, unless in cases of fraud; nor shall any persoJE be imprisoned for a militia fine in time of peace.

18. The people have the right freely to assemble together to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.

19. No county, city, borough, town, township or village shall hereafter give any money or property, or loan its money or credit, to or in aid of any individual association or corporation, or become security for or be directly or indirectly the owner of any stock or bonds of any association or corporation.1

20. No donation of land or appropriation of money shall be made by the State or any municipal corporation to or for the use of any society, association or corporation whatever.1

21. This enumeration of rights and privileges shall not be construed to inpair or deny others retained by the people.2

ARTICLE II.

RIGHT OF SUFFRAGE,

1. Every male citizen of the United States, of the age of twenty-one years. who shall have been a resident of this State one year, and of the county in which he claims his vote five months, next before the election, shall be entities! to vote for all officers that now are, or hereafter may be, elective by the pe ple; provided, that no person in the military, naval or marine service of the United States shall be considered a resident in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State: and no pauper, idiot, insane person, or person convicted of a crime which now

1 Paragraphs 19 and 20 are new paragraphs and were adopted in 1875.

2 Paragraph 21 was a part of the original constitution and was numbered 19; bor the amendment of 1875 it was renumbered as paragraph 21.

n from being a witness unless pardoned or restored by law to the frage, shall enjoy the right of an elector; and provided further, that war no elector in the actual military service of the State, or of the es, in the army or navy thereof, shall be deprived of his vote by his absence from such election district; and the legislature shall to provide the manner in which, and the time and place at which, electors may vote, and for the return and canvass of their votes in districts in which they respectively reside.3

legislature may pass laws to deprive persons of the right of shall be convicted of bribery.4

ARTICLE III.

DISTRIBUTION OF THE POWERS OF GOVERNMENT.

powers of the government shall be divided into three distinct dethe legislative, executive and judicial; and no person or persons ber constituting one of these departments, shall exercise any of the erly belonging to either of the others, except as herein expressly pro

ARTICLE IV.

LEGISLATIVE.

Section I.

legislative power shall be vested in a senate and general assembly. erson shall be a member of the senate who shall not have attained hirty years, and have been a citizen and inhabitant of the State for and of the county for which he shall be chosen one year, next before and no person shall be a member of the general assembly who shall tained the age of twenty-one years, and have been a citizen and f the State for two years, and of the county for which he shall be year next before his election; provided, that no person shall be member of either house of the legislature, who shall not be entiight of suffrage.

bers of the senate and general assembly shall be elected yearly ar, on the first Tuesday after the first Monday in November;5 and es shall meet separately on the second Tuesday in January next id day of election, at which time of meeting the legislative year nce; but the time of holding such election may be altered by the

Section II.

senate shall be composed of one senator from each county in the 1 by the legal voters of the counties, respectively, for three years. on as the senate shall meet after the first election to be held in this constitution, they shall be divided as equally as may be into

The seats of the senators of the first class shall be vacated at n of the first year; of the second class at the expiration of the and of the third class at the expiration of the third year, so s may be elected every year; and if vacancies happen, by resigherwise, the persons elected to supply such vacancies shall be he unexpired terms only.

Section III.

general assembly shall be composed of members annually elected voters of the counties, respectively, who shall be apportioned

mendments of 1875, the word "white", where it occurred after the word e first line, was stricken out, and the proviso at the end of the paragraph

1 in 1875 by striking out the words, "at elections" where they occurred "bribery" in the original paragraph.

the words "second Tuesday of October" were stricken out and the words after the first Monday in November" inserted.

« ПредыдущаяПродолжить »