The New-Jersey gazette — Burlington [N.J.], 1778-10-14 00:00:00, page 1

[Vol. I.] T HE [Numb. 45.]
NEW-JERSEY GAZETTE.
WHEREAS all the constitutional au
thority, ever possessed by the Kings
of Great- Britain over these colo
nies, 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 other's being refuted or
withdrawn. And whereas George the Third, King
of Great-Britain, has refufed protection to the good
people of these colonies ; and, by assenting to sundry
ACts of the Britifo Parliament, attempted to fubjeCt
them to the absolute dominion of that body ; and
has also made war upon them in the most cruel and
unnatural manner, for no other cause than averting
their just rights ; all civil authority under him is he
ceffarily at an end, and a dissolution of goveinment
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 re
lentless enemy, some form of government is ablo
lutely 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 Ho
nourable the Continental Congress, the Supreme
Council of the American colonies, has advised luch
of the colonies as have not yet gone into the mealure,
to adopt for themselves refpedively such government,
as shall best conduce to their own happiness and fafe
ty, and the well-being of America in general; We,
the Representatives of the colony of New-ferfe,,
having been elected by all the counties in the freed
manner, and in Congress assembled, have, after ma
ture deliberation, agreed upon a set of Charter-Rights,
and the Form of a Constitution, in manner follow
ing, videlicet:
I. That the government of this province shall be
vetted in a Governor, Legislative-Council, and Ge
neral Assembly.
11. That the said Legislative-Council and Assembly
shall be chosen, for the firfltime, on the second Tues
day of August next; the members whereof shall be
the fame in number and qualifications as is herein
after mentioned ; and shall be and remain vested with
all the powers and authority to be held by any fu
ture Legislative-Council and Assembly of this colo
ny, until the second Tuefda, in October, which will
be in the year of our Lord one thousand seven hun
dred and seventy-seven.
111. That on the said second Tuesday in October,
yearly and every year for-ever (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 fame county: That, at the
fame time, each county shall also choose three mem
bers of Assembly ; provided, that no person shall be
entitled to a feat in the said Assembly, unless he be
and have been for one whole year next before the
cleation, an inhabitant of the county he is to repre
sent, and worth five hundred pounds, proclamation
money, in real and personal estate in the fame coun
ty: That, on the second Tuesday next after the day
of election, the Council and Assembly shall separate
ly meet; and that the content of both Houses shall
be necessary to every law, provided that seven shall
be a quorum of the Council for doing business ; and
that no law shall pass, unless there be a majority 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 the Assembly for any county or
counties in this colony, then, and in such case, the
fame may, on the principles of more equal represen
tation, be lawfully done, any thing in this charter to
the contrary notwithstanding; so that the whole
Mr. Collins,
/IS the thorough knowledge of our excellent Conflitu-
I tion will have a natural tendency to present it!
being violated in future, you are requeued to give it a
place as soon as possible in your extenfrue paper.
A Jersey Man.
The CONSTITUTION ox NEW-
J ERSET.
WEDNESDAY, October 14, 1778.
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 fame, and have resided within the
county in which they claim a vote lor twelve months
immediately preceding the election, shall be entitled
to vote for representatives in Council and Assembly ;
and also for all other publick officers that shall be
elected by the people of the county at large.
V. That the Assembly, when met, shall have pow
er to choose a speaker, and other their officers; to
be judges of the qualifications and elections of their
own members; fit upon their own adjournments ;
prepare bills to be passed into laws ; and to empower
their speaker to convene them, whenever any extra
ordinary occurrence shall render it necessary.
X. That Captains, and all other inferior officers of
the militia, shall be chosen by the companies in the
refpedive counties; but Field and General officers
by the Council and Assembly.
XI. That the Council and Assembly shall have pow
er 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 colon, 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 coun
ties, Justices of the Peace, Clerks of the Supreme
Court, Clerks ofthe Inferior Courts ofCommon Pleas
and Quarter-Sessions, the Attorney-General and Pro
vincial Secretary, shall continue in office for five
years, and the Provincial Treasurer shall continue in
office for one year; and that they shall be severally
appointed by the Council and Assembly in manner
aforefaid, and commissioned by the Governor, of,
in his absence, by the Vice-President of the Council.
Provided always, That the said officers severally shall
be capable of being re-appointed at the end of the
terms severally before limited; and that any of the
said officers shall be liable to be dismissed, when ad
judged guilty of mifbehaviour by the Council on an
impeachment of the Assembly.
XIII. That the inhabitants of each county, quali
fied to vote as aforefaid, shall, at the time and place of
electing their representatives, annually eled one She
riff, and one or more Coroners; and that they may
re-eled the fame person to such offices, until he shall
have served three years, but no longer; after which
three years shall elapse before the fame person is ca
pable of being elected again. When the eledion is
certified to the Governor or Vice-President, under
the hands of fix freeholders of the county for which
they were eleded, they shall be immediately com
missioned to serve in their relpedive offices.
XIV. That the townships, at their annual town
meetings for electing other officers, shall choose Con
VI. That the Council shall also have power to pre
pare bills to pass into laws, and have other like pow
ers as the Assembly, and in all refpe&s 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 As
sembly ; 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 fits ,
for which purpose the speaker of the House of As
sembly shall always immediately after an adjourn
ment give notice to the Governor or Vice-President
of the time and place to which the House is adjourned.
VIL That the Council and Assembly jointly at their
firft meeting, after each annual election, shall, by a
majority of votes, eledt some fit person within the
colony to be a governor for one year, who shall be
conftint Prelident of the Council, and have a casting
vote in their proceedings ; and that the Council them
selves shall choose a Vice-President, who shall ad as
such in the absence of the Governor.
VIII. That the Governor, or, in his abfcence, the
Vice-President of the Council, shall have the supreme
executive power, be Chancellor of the colony, and
ad as Captain-General and Commander in Chief of
all the militia, and other military force in this colo
ny ; and that any three or more of the Council shall,
at all times, be a Privy Council to advise the Governor
in all cases where he may find it necessary to consult
them ; and that the Governor be Ordinary or Surro
gate-General.
IX. That the Governor and Council (seven where
of shall be a quorum) be the Court of Appeals in the
last resort in all causes of law as heretofore; and that
they possess the power of granting pardons to crimi
nals after condemnation in all cases of treason, felony
or other offences.
stables for the diftrids refpedively; and also three
or more judicious freeholders of good character to
hear and finally determine all appeals relative to un
just alfeffments in cases of publick taxation ; which
Commissioners of Appeal shall, for that purpose, fit
at some suitable time or times to be by them appoint
ed, and made known to the people by advertisements.
XV. That the laws of this colony shall begin in
the following style, viz. Be it enacted by the Council
and General Assembly of this colony, and it is hereby en
acted by the authority of the fame : That all commit
fions granted by the Governor or Vice-President,
shall run thus — The colon, 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. againfl the
peace of this colony, the government and dignity of the
fame.
XVI. That all criminals shall be admitted to the
fame privileges of witnesses and counsel, as their
prosecutors are or shall be entitled to.
XVII. That the estates of such persons as shall de
stroy their own lives shall not, for that offence, be
forfeited ; but shall descend in the fame manner as
they would have done had such persons died in a na
tural way ; nor shall any article, which may occasion
accidentally the death of any one, be henceforth
deemed a deodand, or in anywise forfeited on ac
count of such misfortune.
XXI. That all the laws of this province, contain
ed in the edition lately published by Mr. Allinfon,
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, accord
ing as heretofore, regarded in all refpe&s 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 hereto
fore pradtifed in this colony, shall still remain in force,
until they shall be altered by a future law of the le
gislature ; 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 for-ever.
XXIII. That every person, who shall be elected
as aforefaid to be a member of the Legislative-Coun
cil or House of Assembly, shall, previous to his taking
his feat in Council or Assembly, take the following
oath or affirmation, viz. lAB do solemnly declare,
that, as a member of she Legislative-Council [or] As
sembly (as the case may be) ofthe colony tfNew-Jerfey,
I will not aflent to any law, vote or proceeding, which
shall appear to me injurious to the publick welfare of
said colony ; nor that shall annul or repeal that part of
the third fehlion in the charter of this colony, which ejla
blifhes that the elections of members of the Legislative-
Council and Assembly shall be annual : nor that part of
the twenty-second Jehtion in said charter reflecting the
Trial by fur, ; nor that shall annul, repeal, or alter
an, part or parts of the eighteenth or ninetcentbfeaQns
XVIII. That no person shall ever within this co
lony be deprived of the inestimable privilege of wor
fhipping Almighty God in a manner agreeable to the
dictates of his own conscience ; nor under any pre
tence whatsoever 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 pur
pose of building or repairing any church or churches,
place or places of worship, or for the maintenance
of any minister or miniltry, contrary to what he be
lieves to be right, or has deliberately or voluntarily
engaged himfelf to perform.
XIX. That there shall be no establishment of any
one religious fedt 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, profeffing a belief in the faith of any
protestant fed, who shall demean themselves peace
ably 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-fubje&s.
XX. That the legiflativc department of this co
lony may, as much as possible, be preserved from all
suspicion of corruption, none of the Judges of the
Supreme or other Courts, Sheriffs, or any other per
son or persons pofieffed of any post of profit under
the government, other than Justices of the Peace,
shall be entitled to a feat in Assembly ; but that, on
his being elected and taking his feat, his office or post
shall be confidefed as vacant.