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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 é 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:
RIGHTS AND PRIVILEGES. 1. All men are by nature free and independent, and have certain natural i unalienable rights, among which are those of enjoying and defending life I 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 itrary 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 ened to perform.
4. There shall be no establishment of one religious sect in preference to other; nú religious test shall be required as a qualification for any office or blie 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 vjets, 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 trụth may be given in evidence to the jury: and it shall appear to the jury that the matter charged as libelous is true, and s 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, a particularly describing the place to be searched and the papers and things be seize.
* 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 electorg 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 excent! fifty dollars, by a jury of six men.
S. In all criminal prosecutions the accused shall have the right to a spevaly 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 assistaner of counsel in his defense,
9. No person shall be held to answer for a criminal offense, unless on the [Iresentment 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, wben in actual service in time of war or public danger.
10. No person shall, after icquittal, be tried for the same offense. J. 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 ihe 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 willout the consent of the owner; nor in time of war, except in a manner pri Scribed by law.
11. Treason against the State shall consist only in levying war against it, or in adhering to its eneinies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the silap overt act, or on confession in open court.
13. 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 cc pensation; but land may be taken for public highways ils heretofore, until the legislature shall direct compensation to be made.
17. Yo person shall be imprisoned for debt in my action, or on any jula ment founded upon contract, unless in cases of fraud; nor shall any pers de imprisoned for a militia tine 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. Yo comity, city, borough, town, township or village shall hereafter give any money or property, or loan its money or credit, to or in aid of all individual association or corporation, or become security for or be directly or iudirectly 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 ille State or any mimicipal corporation to or for the use of :muy society, as t'ia tion or corporation whatever. 1
21. This enumeration of rights and privileges shall not be construed to inpair or deny others retained by the people.?
RIGIIT 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 rote five months, next before the election, shall be enuit to vote for ul 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 it resident in this state, by being stationed in ithy warrison, barrack, or military or naval place or station within tbis State: and no pauper, idiot, insane person, or person convicted of it 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; bor the amendment of 1975 it was renumbered as paragraph 21.
In from being it witness unless pardoned or restored by law to the fruge, 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 bis absence from such election district; and the legislature sball 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 be'r constituting one of these departments, shall exercise any of the erly belonging to either of the others, except as herein expressly pro
Section 1. legislative power shall be vested in a senate and general assembly. verson suall be a member of the senate who shall not have attained airty 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 tined 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 entilight 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 nee; 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
by the legal voters of the counties, respectively, for three years. son 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. ceneral assembly shall be composed of members annually elected
voters of the counties, respectively, who shall be apportioned amendments of 1875, the word "white", where it occurred after the word e first line, was strieken 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 "gecond Tuesday of October" were stricken out and the words 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 apportionnent 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; poro wided, that each county shall at all times be entitled to one member; and the whole number of members shall never exceed sixty.
Section IV. 1. Each house shall direct writs of election for supplying vacancies, Octasioned by death, resignation, or otherwise; but if vacancies occur during the recess of the legislature, the writs may be issued by the Governor, under such 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 quorun to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner. and under such penalties, as each house may provide.
3. Each house shall choose its own officers, determine the rules of its proceedings, punish its members for disorderly behavior, and, with the cocurrence of two-thirds, may expel a member.
4. Each house shall keep a journal of its proceedings, and from times time publish the same; and the yeas and nays of the members of either how on any question shall, at the desire of one-fifth of those present, be enten on the journal.
5. Neither house, during the session of the legislature, shall, without life consent of the other, adjourn for more than three days, nor to any other plaer than that in which the two houses shall be sitting.
6. All bills and joint resolutions shall be read three times in each house, before the final passage thereof; and no bill or joint resolution shall pase unless there be a majority of all the inembers of each body personally presel and agreeing thereto; and the yeas and nays of the members voting op sl" ; final passage shall be entered on the journal.
7. Members of the senate and general assembly shall receive annually the sum of five bundred dollars during the time for which they shall have bere elected and while they shall hold their office, and no other allowance or emailthe Senate and the speaker of the house of assembly shall, in virtue of their offices, receive an additional compensation, equal to one-third of their allon. ance as members.
8. Members of the senate and general assembly shall, in all cases escrit treason, felony and breach of the peace, he privileged from arrest during that attendance at the sitting of their respective houses, and in going to and returns ing from the same; and for any speech or debate, in either house, they shall not be questioned in any other place.
Section V. 1.' So member of the senate or general assembly shall, during the tine for which he was elected, be nominated or appointed by the governor, or instant ument, directly or indirectly, for any purpose whatever.6 The president #f
* In 1875, the words “a compensation for their services, to be ascertained by lar. 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 the 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 shall receive such sum as shall be fixed for the first forty days of the ordinary session. Tbir shall also receive the sum of one dollar for every ten miles they shall travel in goirs to and returning from their place of meeting on the most usual route," were strickout and the words from “annually" to "whatever", inclusive, were inserted. The por is "per diem” where they occurred after the word "their" and before the word "allorance" in the last line were stricken out.
ture in joint meeting, to any civil office under the authority of this h shall have been created, or the emoluments whereof shall have ased, during such time. any member of the senate or general assembly shall be elected to this State in the senate or house of representatives of the United 1 shall accept thereof, or shall accept of any office or appointment government of the United States, his seat in the legislature of this thereby be vacated. justice of the supreme court, nor judge of any other court, sheriff, the peace nor any person or persons possessed of any office of profit
government of this State, shall be entitled to a seat either in the in the general assembly; but, on being elected and taking his seat, hall be considered vacant; and no person holding any office of profit government of the United States shall be entitled to a seat in either
Section VI. bills for raising revenue shall originate in the house of assembly ; ate may propose or concur with amendments, as on other bills. money shall be drawn from the treasury but for appropriations
credit of the State shall not be directly or indirectly loaned in
legislature shall not, in any manner, create any debt or debts, liabilities, of the State which shall, singly or in the aggregate with us debts or liabilities, at any time exceed one hundred thousand ept for purposes of war, or to repel invasion, or to suppress insurless the same shall be authorized by a law for some single object
be distinctly specified therein; which law shall provide the ways exclusive of loans, to pay the interest of such debt or liability as and also to pay and discharge the principal of such debt or liability ty-five years from the time of the contracting thereof, and shall be
until such debt or liability, and the interest thereon,' are fully lischarged, and no such law shall take effect until it sball, at il ktion, have been submitted to the people, and have received the
a majority of all the votes cast for and against it at such election ; ney to be raised by the authority of such law shall be applied only ific object stated therein, and to the payment of the debt thereby his section shall not be construed to refer to any money that has ly be, deposited with this State by the government of the United
Section VII. livorce shall be granted by the legislature. lottery shall be anthorized by the legislature or otherwise in this no ticket in any lottery shall be bought or sold within this State. pol-selling, book-making or gambling of any kind be authorized or hin this State, nor shall any gambling device, practice organe pw prohibited by law be legalized, or the remedy, penalty or punishprovided therefor be in any way dininished.7
legislature shall not pass any bill of attainder, ex post factu law. liring the obligation of contracts, or depriving a party of any remprcing a contract which existed when the contract was made. avoid improper influences which may result from intermixing in - same act such things as have no proper relation to each other, ball embrace but one object, and that shall be expressed in the I shall be revived or amended by reference to its title only; but red, or the section or sections ainenved, shall be inserted at length.
law shall embrace any provision of a private, special or local ment adopted in 1897.