according to evidence;" and no person shall be convicted without the conc rence of two-thirds of all the members of the senate. 2. Any judicial officer impeached shall be suspended from exercising office until his acquittal. 3. Judgment in cases of impeachment shall not extend farther than removal from office, and to disqualification to hold and enjoy any office honor, profit or trust under this State; but the party convicted shall, new theless, be liable to indictment, trial and punishment according to law, 4. The secretary of state shall be the clerk of this court. Section IV. 1. The court of chancery shall consist of a chancellor. 2. The chancellor shall be the ordinary or surrogate general, and jud of the prerogative court. 3. All persons aggrieved by any order, sentence or decree of the orph court, may appeal from the same, or from any part thereof, to the preroga court; but such order, sentence or decree shall not be removed into the sup court, or circuit court if the subject-matter thereof be within the jurisdic of the orphans' court. 4. The secretary of state shall be the register of the prerogative and shall perform the duties required of him by law in that respect. Section V. 1. The supreme court shall consist of a chief justice and four ass justices. The number of associate justices may be increased or decrea law, but shall never be less than two. 2. The circuit courts shall be held in every county of this State, by or more of the justices of the supreme court, or a judge appointed for purpose, and shall, in all cases within the county, except in those of a inal nature, have common law jurisdiction, concurrent with the supreme e and any final judgment of a circuit court may be docketed in the su court, and shall operate as a judgment obtained in the supreme court the time of such docketing. 3. Final judgments in any circuit court may be brought by writ of into the supreme court, or directly into the court of errors and appeals Section VI. 1. There shall be no more than five judges of the inferior court of mon pleas in each of the counties in this State, after the terms of the of said court now in office shall terminate. One judge for each county be appointed every year, and no more, except to fill vacancies, which sh for the unexpired term only. 2. The commissions for the first appointments of judges of said shall bear date and take effect on the first day of April next and all quent commissions for judges of said court shall bear date and take effe the first day of April in every successive year, except commissions vacancies, which shall bear date and take effect when issued. Section VII. 1. There may be elected under this constitution two, and not more five. justices of the peace in each of the townships of the several countie this State, and in each of the wards, in cities that may vote in wards. a township or ward contains two thousand inhabitants or less, it may two justices; when it contains more than two thousand inhabitants, and more than four thousand, it may have four justices; and when it con more than four thousand inhabitants, it may have five justices; provided. 1 whenever any township not voting in wards contains more than seven thous inhabitants, such township may have an additional justice for each adlitie three thousand inhabitants above four thousand. 2. The population of the townships in the several counties of the St d of the several wards shall be ascertained by the last preceding.census the United States, until the legislature shall provide, by law, some other de of ascertaining it. ARTICLE VII. APPOINTING POWER AND TENURE OF OFFICE. Section 1. MILITIA OFFICERS. 1. The legislature shall provide by law for enrolling, organizing and armthe militia. 2. Captains, subalterns and non-commissioned officers shall be elected by members of their respective companies. 3. Field officers of regiments, independent battalions and squadrons shall lected by the commissioned officers of their respective regiments, battalions quadrons. 4. Brigadier-generals shall be elected by the field officers of their refive brigades. 5. Major-generals, the adjutant-general and quartermaster-general shall ominated by the governor, and appointed by him, with the advice and ent of the senate.18 6. The legislature shall provide, by law, the time and manner of electing ja officers, and of certifying their elections to the governor, who shall their commissions, and determine their rank, when not determined by and no commissioned officer shall be removed from office but by the nce of a court-martial, pursuant to law. L. In case the electors of subalterns, captains or field officers shall refuse eglect to make such elections, the governor shall have power to appoint officers, and to fill all vacancies caused by such refusal or neglect. 3. Brigade inspectors shall be chosen by the field officers of their respectrigades. The governor shall appoint all militia officers whose appointment is otherwise provided for in this constitution, 19 0. Major-generals, brigadier-generals and commanding officers of regis, independent battalions and squadrons shall appoint the staff officers of divisions, brigades, regiments, independent battalions and squadrons, reively. Section II. CIVIL OFFICERS. 1. Justices of the supreme court, chancellor, judges of the court of errors appeals and judges of the inferior court of common pleas shall be nomi1 by the governor, and appointed by him, with the advice and consent of senate.20 The justices of the supreme court and chancellor shall hold their offices the term of seven years; shall, at stated times, receive for their services upensation which shall not be diminished during the term of their appoints; and they shall hold no other office under the government of this State f the United States. 2. Judges of the courts of common pleas shall be appointed by the senate general assembly, in joint meeting. 3. The state treasurer and comptroller shall be appointed by the senate general assembly, in joint meeting. *Amended in 1875 by inserting the words "the adjutant-general and quartermaseneral." Amended in 1875 by striking out the words "the adjutant-general, quartermasterral and" where they occur after the word "appoint" and the word "other" where it rred after the word "all" in the original paragraph. "Amended in 1875 by striking out the word "and" where it occurred after the 1 "chancellor" in the original paragraph, and inserting after the word "appeals" words "and judges of the inferior court of common pleas." They shall hold their offices for five years; but when appointed to ill vacancies, they shall hold for the unexpired term only. They shall hold their offices for three years, and until their successor shall be qualified into office,21 4. The attorney-general, prosecutors of the pleas, clerk of the suprem court, clerk of the court of chancery, secretary of state and the keeper of th state prison shall be nominated by the governor, and appointed by him, wit the advice and consent of the senate. They shall hold their offices for five years.22 5. The law reporter shall be appointed by the justices of the suprem court, or a majority of them; and the chancery reporter shall be appoints by the chancellor. They shall hold their offices for five years. 6. Clerks and surrogates of counties shall be elected by the people their respective counties, at the annual elections for members of the gene assembly. They shall hold their offices for five years. 7. Sheriffs and coroners shall be elected by the people of their respect counties, at the elections for members of the general assembly, and they hold their offices for three years, after which three years must elapse bef they can be again capable of serving. Sheriff's shall annually renew bonds.23 8. Justices of the peace shall be elected by ballot at the annual meeti of the townships in the several counties of the State, and of the wards cities that may vote in wards, in such manner and under such regulations may be hereafter provided by law. They shall be commissioned for the county, and their commissions bear date and take effect on the first day of May next after their election | They shall hold their offices for five years; but when elected to fill va cies, they shall hold for the unexpired term only; provided, that the mission of any justice of the peace shall become vacant upon his ceasing reside in the township in which he was elected. The first election for justices of the peace shall take place at the annual town-meetings of the townships in the several counties of the and of the wards in cities that may vote in wards. 9. All other officers, whose appointments are not otherwise provided fo law, shall be nominated by the governor, and appointed by him, with the ad and consent of the senate; and shall hold their offices for the time prest by law. 10. All civil officers elected or appointed pursuant to the provision this constitution, shall be commissioned by the governor. 11. The term of office of all officers elected or appointed, pursuant to provisions of this constitution, except when herein otherwise directed. commence on the day of the date of their respective commissions; but 21 Amended in 1875 by striking out the words "and the keeper and inspectora the state prison" where they occurred in the original after the word "treasurer" inserting in lieu thereof the words "and comptroller"; by the same amendment words "one year" were stricken out and the words "three years" inserted. 29 Amended in 1875 by striking out the word "and" where it occurred in the inal after the word "chancery" and inserting after the word "state" the words the keeper of the state prison." 28 Amended in 1875 by striking out the word "annually" where it occurred in original paragraph after the word "elected"; also by striking out the word "ann where it occurred before the word "elections"; also by striking out the words "T may be re-elected until they shall have served three years, but no longer" where occurred after the words "assembly"; also by inserting after the word "assembly words "and they shall hold their offices for three years"; also by adding to the end the paragraph the sentence, "Sheriffs shall annually renew their bonds." The amet ments to this Section proposed in 1875 also provide for the renumbering of all of t paragraphs of the section beginning with the second so that paragraph 3 would paragraph 2, paragraph 4 would be paragraph 3, and so on. This was manifestly error on the part of the draftsman, as no paragraph had been stricken out or solidated and the numbering as it appeared in the original section still obtains ommission for any office shall bear date prior to the expiration of the term of the incumbent of said office. ARTICLE VIII. GENERAL PROVISIONS. 1. The secretary of state shall be ex officio an auditor of the accounts f the treasurer, and as such, it shall be his duty to assist the legislature in le annual examination and settlement of said accounts, until otherwise proded by law. 2. The seal of the State shall be kept by the governor, or person admintering the government, and used by him officially, and shall be called the eat seal of the State of New Jersey. 3. All grants and commissions shall be in the name and by the authority the State of New Jersey, sealed with the great seal, signed by the govnor, or person administering the government, and countersigned by the sectary of state, and it shall run thus: "The State of New Jersey, to eeting." All writs shall be in the name of the State; and all indictments all conclude in the following manner, viz., "against the peace of this State, e government and dignity of the same." 4. This constitution shall take effect and go into operation on the second y of September, in the year of our Lord one thousand eight hundred and ty-four. ARTICLE IX. Any specific amendment or amendments to the constitution may be proed in the senate or general assembly, and if the same shall be agreed to a majority of the members elected to each of the two houses, such proposed endment or amendments shall be entered on their journals, with the yeas Inays taken thereon, and referred to the legislature then next to be chosen, I shall be published for three months previous to making such choice, in least one newspaper of each county, if any be published therein; and if in legislature next chosen as aforesaid, such proposed amendment or amendats, or any of them, shall be agreed to by a majority of all the members ted to each house, then it shall be the duty of the legislature to submit h proposed amendment or amendments, or such of them as may have been eed to as aforesaid by the two legislatures, to the people, in such manner I at such time, at least four months after the adjournment of the legislae, as the legislature shall prescribe; and if the people at a special election be held for that purpose only, shall approve and ratify such amendment amendments, or any of them, by a majority of the electors qualified to vote members of the legislature voting thereon, such amendment or amendments approved and ratified shall become part of the constitution; provided, that more than one amendment be submitted, they shall be submitted in such nner and form that the people may vote for or against each amendment arately and distinctly; but no amendment or amendments shall be subtted to the people by the legislature oftener than once in five years. ARTICLE X. That no inconvenience may arise from the change in the constitution of is State, and in order to carry the same into complete operation, it is reby declared and ordained, that 1. The common law and the statute laws now in force, not repugnant to is constitution, shall remain in force until they expire by their own limitan, or be altered or repealed by the legislature; and all writs, actions, causes action, prosecutions, contracts, claims and rights of individuals and of dies corporate, and of the State, and all charters of incorporation, shall conue, and all indictments which shall have been found, or which may here after be found, for any crime or offense committed before the adoption of this constitution, may be proceeded upon as if no change had taken place. The several courts of law and equity, except as herein otherwise provided, shall continue with the like powers and jurisdiction as if this constitution had not been adopted. 2. All officers now filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions appointments, unless by this constitution it is otherwise directed. 3. The present governor, chancellor and ordinary or surrogate-general and treasurer shall continue in office until successors elected or appointed undet this constitution shall be sworn or affirmed into office. 4. In case of the death, resignation or disability of the present governor the person who may be vice-president of council at the time of the adoptio of this constitution shall continue in office and administer the government unt a governor shall have been elected and sworn or affirmed into office unde this constitution. 5. The present governor, or in case of his death or inability to act, th vice-president of council, together with the present members of the legislatio council and secretary of state, shall constitute a board of state canvassers. the manner now provided by law, for the purpose of ascertaining and decla ing the result of the next ensuing election for governor, members of the ho of representatives, and electors of president and vice-president. 6. The returns of the votes for governor, at the said next ensuing tion, shall be transmitted to the secretary of state, the votes counted, and election declared in the manner now provided by law in the case of the elect of electors of president and vice-président. 7. The election of clerks and surrogates, in those counties where the te of office of the present incumbent shall expire previous to the general electi of eighteen hundred and forty-five, shall be held at the general election ne ensuing the adoption of this constitution; the result of which election sh be ascertained in the manner now provided by law for the election of sheri 8. The elections for the year eighteen hundred and forty-four shall place as now provided by law. 9. It shall be the duty of the governor to fill all vacancies in office pening between the adoption of this constitution and the first session of senate, and not otherwise provided for, and the commissions shall expire the end of the first session of the senate, or when successors shall be electe or appointed and qualified. 10. The restriction of the pay of members of the legislature, after for days from the commencement of the session, shall not be applied to the i legislature convened under this constitution. 11. Clerks of counties shall be clerks of the inferior courts of commu pleas and quarter sessions of the several counties, and perform the duties, an be subject to the regulations now required of them by law until otherwi ordained by the legislature. 12. The legislature shall pass all laws necessary to carry into effect provisions of this constitution. Done in convention, at the State House in Trenton, on the twenty-nin day of June, in the year of our Lord one thousand eight hundred and fort four, and of the independence of the United States of America the sixty-eight ALEXANDER WURTS, President of the Convention. WILLIAM PATERSON, Secretary. THOS. J. SAUNDERS, Assistant Secretary. |