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. 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 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. 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 enred 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 ou 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 rrant shall issue but upon probable cause, supported by oath or affirmation, d 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 mended 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. 8. In all criminal prosecutions the accused shall have the right to a speely, 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 com pulsory process for obtaining witnesses in his favor, and to have the assistanc 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: o 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. A persons shall, before conviction, be bailable by sufficient sureties, except fo capital offenses, when the proof is evident or presumption great. 11. The privilege of the writ of habeas corpus shall not be suspended, unles 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 with out the consent of the owner; nor in time of war, except in a manner pre scribed by law. 14. Treason against the State shall consist only in levying war against or in adhering to its enemies, giving them aid and comfort. No person shall convicted of treason, unless on the testimony of two witnesses to the s 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 c pensation; but land may be taken for public highways as heretofore, until legislature shall direct compensation to be made. 17. No person shall be imprisoned for debt in any action, or on any ju ment founded upon contract, unless in cases of fraud; nor shall any pers be imprisoned for a militia fine in time of peace. 18. The people have the right freely to assemble together to consult the common good, to make known their opinions to their representatives, and petition for redress of grievances. 19. No county, city, borough, town, township or village shall hereafte give any money or property, or loan its money or credit, to or in aid of a individual association or corporation, or become security for or be directly 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 State or any municipal corporation to or for the use of any society, associa tion or corporation whatever.1 21. This enumeration of rights and privileges shall not be construed to pair 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 entitled to vote for all officers that now are, or hereafter may be, elective by the 1 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 h any garrison, barrack, or military or naval place or station within this State and no pauper, idiot, insane persou, or person convicted of a crime which 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, t the amendment of 1875 it was renumbered as paragraph 21. xcludes him from being a witness unless pardoned or restored by law to the ight of suffrage, shall enjoy the right of an elector; and provided further, that 1 time of war no elector in the actual military service of the State, or of the nited States, in the army or navy thereof, shall be deprived of his vote by eason of his absence from such election district; and the legislature shall are power to provide the manner in which, and the time and place at which, ich absent electors may vote, and for the return and canvass of their votes in e election districts in which they respectively reside.3 2. The legislature may pass laws to deprive persons of the right of iffrage who shall be convicted of bribery.4 ARTICLE III. DISTRIBUTION OF THE POWERS OF GOVERNMENT. 1. The powers of the government shall be divided into three distinct dertments the legislative, executive and judicial; and no person or persons beging to, or constituting one of these departments, shall exercise any of the wers properly belonging to either of the others, except as herein expressly proled. ARTICLE IV. LEGISLATIVE. 1. The legislative power shall be vested in a senate and general assembly. 2. No person shall be a member of the senate who shall not have attained age of thirty years, and have been a citizen and inhabitant of the State for r years, and of the county for which he shall be chosen one year, next before election; and no person shall be a member of the general assembly who shall ; have attained the age of twenty-one years, and have been a citizen and abitant of the State for two years, and of the county for which he shall be isen one year next before his election; provided, that no person shall be gible as a member of either house of the legislature, who shall not be enti1 to the right of suffrage. 3. Members of the senate and general assembly shall be elected yearly 1 every year, on the first Tuesday after the first Monday in November;5 and two houses shall meet separately on the second Tuesday in January next er the said day of election, at which time of meeting the legislative year ill commence; but the time of holding such election may be altered by the islature. Section II. 1. The senate shall be composed of one senator from each county in the ite, elected by the legal voters of the counties, respectively, for three years. 2. As soon as the senate shall meet after the first election to be held in rsuance of this constitution, they shall be divided as equally as may be into ee classes. The seats of the senators of the first class shall be vacated at > expiration of the first year; of the second class at the expiration of the ond year; and of the third class at the expiration of the third year, so at one class may be elected every year; and if vacancies happen, by resigtion or otherwise, the persons elected to supply such vacancies shall be ted for the unexpired terms only. Section III. 1. The general assembly shall be composed of members annually elected the legal voters of the counties, respectively, who shall be apportioned By the amendments of 1875, the word "white", where it occurred after the word wery," in the first line, was stricken out, and the proviso at the end of the paragraph as added. Amended in 1875 by striking out the words, "at elections" where they occurred ter the word "bribery" in the original paragraph. In 1875, the words "second Tuesday of October" were stricken out and the words rst Tuesday after the first Monday in November" inserted. among the said counties as nearly as may be according to the number of their inhabitants. The present apportionment shall continue until the next census of the United States shall have been taken, and an apportionment of members of the general assembly shall be made by the legislature at its first session after the next and every subsequent enumeration or census, and when made shall remain unaltered until another enumeration shall have been taken; pro vided, that each county shall at all times be entitled to one member; and the 2whole number of members shall never exceed sixty. Section IV. 1. Each house shall direct writs of election for supplying vacancies, o sioned by death, resignation, or otherwise; but if vacancies occur during th recess of the legislature, the writs may be issued by the Governor, under su regulations as may be prescribed by law. 2. Each house shall be the judge of the elections, returns and qualifie tions of its own members, and a majority of each shall constitute a quoru to do business; but a smaller number may adjourn from day to day, and m be authorized to compel the attendance of absent members, in such man and under such penalties, as each house may provide. 3. Each house shall choose its own officers, determine the rules of proceedings, punish its members for disorderly behavior, and, with the currence of two-thirds, may expel a member. 4. Each house shall keep a journal of its proceedings, and from time time publish the same; and the yeas and nays of the members of either ho on any question shall, at the desire of one-fifth of those present, be enter on the journal. 5. Neither house, during the session of the legislature, shall, without consent of the other, adjourn for more than three days, nor to any other pla than that in which the two houses shall be sitting. 6. All bills and joint resolutions shall be read three times in each ho before the final passage thereof; and no bill or joint resolution shall pa unless there be a majority of all the members of each body personally pres and agreeing thereto; and the yeas and nays of the members voting on final passage shall be entered on the journal. 7. Members of the senate and general assembly shall receive annually sum of five hundred dollars during the time for which they shall have be elected and while they shall hold their office, and no other allowance or en the senate and the speaker of the house of assembly shall, in virtue of the offices, receive an additional compensation, equal to one-third of their alla ance as members. 8. Members of the senate and general assembly shall, in all cases exce treason, felony and breach of the peace, be privileged from arrest during the attendance at the sitting of their respective houses, and in going to and retur ing from the same; and for any speech or debate, in either house, they sha not be questioned in any other place. Section V. 1. No member of the senate or general assembly shall, during the ti for which he was elected, be nominated or appointed by the governor, or ument, directly or indirectly, for any purpose whatever. The president 6 In 1875, the words "a compensation for their services, to be ascertained by law and paid out of the treasury of the state; which compensation shall not exceed the sun of three dollars per day for the period of forty days from the commencement of th session, and shall not exceed the sum of one dollar and fifty cents per day for the remainder of the session. When convened in extra session by the governor they sho receive such sum as shall be fixed for the first forty days of the ordinary session. The shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting on the most usual route," were stricke out and the words from "annually" to "whatever", inclusive, were inserted. The words "per diem" where they occurred after the word "their" and before the word "alloance" in the last line were stricken out. |