THE CONSTITUTION OF 1776
WHEREAS all the constitutional authority ever possessed by
the kings of Great Britain over these colonies, || 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the others being refused or withdrawn. And whereas George the
Third, king of Great Britain, has refused protection to the good
people of these colonies; and, by assenting to sundry acts of the
British parliament, attempted to subject them to the absolute
dominion of that body; and has also made war upon them, in the
most cruen and unnatural manner, for no other cause, than
asserting their just rights -- all civil authority under him is
necesarily at an end, and a dissolution of government 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 relentless enemy,
some form of government is absolutely 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 honorable the continental
congress, the supreme council of the American colonies, has
advised such of the colonies as have not yet gone into measures,
to adopt for themselves, respectively, such government as shall
best conduce to their own happiness and safety, and the well-being
of America in general: -- We, the representatives of the colony of
New Jersey, having been elected by all the counties, in the freest
manner, and in congress assembled, have, after mature
deliberations, agreed upon a set of charter rights and the form of
a Constitution, in manner following, viz.
I. That the government of this Province shall be vested in a
Governor, Legislative Council, and General Assembly.
II. That the Legislative Council, and General Assembly, shall
be chosen, for the first time, on the second Tuesday in August
next; the members whereof shall be the same in number and
qualifications as are herein after mentioned; and shall be and
remain vested with all the powers and authority to be held by any
future Legislative Council and Assembly of this Colony, until the
second Tuesday in October, which shall be in the year of our Lord
one thousand seven hundred and seventy-seven.
III. That on the second Tuesday in October yearly, and every
year forever (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 same county; that,
at the the same time, each county shall also choose three members
of Assembly; provided that no person shall be entitled to a seat
in the said lAssembly unless he be, and have been, for one whole
year next before the election, an inhabitant of the county he is
to represent, and worth five hundred pounds proclamation money, in
real and personal estate, in the same county: that on the second
Tuesday next after the day of election, the Council and Assembly
shall separately meet; and that the consent of both Houses shall
be necessary to every law; provided, thast seven shall be a quorum
of the Council, for doing business, and that no law shall pass,
unless there be a mojority 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 Assembly for any county
or counties in this Colony, then, and in such case, the same may,
on the principles of more equal representation, be lawfully done;
anything in this Charter to the contrary nothwithstanding: so
that the whole 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 same,
and have resided within the county in which they claim a vote for
twelve months immediately preceding the election, shall be
entitled to vote for Representatives in Council and Assembly; and
also for all other public officers, that shall be elected by the
people of the county at large.
V. That the Assembly, when met, shall have power to choose a
Speaker, and other their officers; to be judges of the
qualifications and elections of their own members; sit upon their
own adjournments; prepare bills, to be passed into laws; and to
empower their Speaker to convene them, whenever any extraordinary
occurrence shall render it necessary.
VI. That the Council shall also have power to prepare bills
to pass into laws, and have other like powers as the Assembly, and
in all respects 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
Assembly; 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 sits; for which purpose the Speaker of
the House of Assembly shall always, immediately after an
adjournment, give notice to the Governor, or Vice-President, of
the time and place to which the House is adjourned.
VII. That the Council and Assembly jointly, at their first
meeting after each annual election, shall, by a majority of votes,
elect some fit person within the Colony, to be Governor for one
year, who shall be constant President of the Council, and have a
casting vote in their proceedings; and that the Council themselves
shall choose a Vice-President who shall act as such in the absence
of the Governor.
VIII. That the Governor, or, in his absence, the Vice-
President of the Council, shall have the supreme executive power,
be Chancellor of the Colony, and act as captain-general and
commander in chief of all the militia, and other military force in
this Colony; and that any three or more of the Councill shall, at
all times, be a privy-council , to consult them; and that the
Governor be ordinary or surrogate-general.
IX. That the Governor and Council, (seven whereof shall be a
quorum) be the Court of Appeals, in the last resort, in all
clauses of law, as heretofore; and that they possess the power of
granting pardons to criminals, after condemnation, in all cases of
treason, felony, or other offences.
X. That captains, and all other inferior officers of the
militia, shall be chosen by the companies, in the respective
counties; but field and general officers, by the Council and
Assembly.
XI. That the Council and Assembly shall have power 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 Colony 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 counties, Justices of the Peace, Clerks of
the Supreme Court, Clerks of the Inferior Court of Common Pleas
and Quarter Sessions, the Attorney-General, and Provincial
Secretary, shall continue in office for five years: and the
Provinciall Treasurer shall continue in office for one year; and
that they shall be severally appointed by the Council and
Assembly, in manner aforesaid, and commissioned by the Governor,
or, in his absence, the Vice-President of the Council. Provided
always, that the said officers, severally, shall be capable of
being re-appointed, a the end of the terms severally before
limited; and that any of the said officers shall be liable to be
dismissed, when adjudged guilty of misbehaviour, by the Council,
on an impeachment of the Assembly.
XIII. That the inhabitants of each county, qualified to vote
as aforesaid, shall at the time and place of electing their
Representatives, annually elect one Sheriff, and one or more
Coroners; and that they may re-elect the same person to such
offices until he shall have served three years, but no longer;
after which, three years must elapse before the same person is
capable of being elected again. When the election is certified to
the Governor, or Vice-President, under the hands of six
freeholders of the county for which they were elected, they shall
be immediately commissioned to serve in their respective offices.
XIV. That the townships, at their annual town meetings for
electing other officers, shall choose constables for the districts
respectively; and also three or more judicious freeholders of good
character, to hear and finally determine all appeals relative to
unjust assessments, in cases of public taxation; which
commissioners of appeal shall, for that purpose, sit at some
suitable time or times, to be by them appointed, and made known to
the people by advertisements.
XV. That the laws of the Colony shall begin in the following
style, viz. "Be it enacted by the Council and Generally Assembly
of this Colony, and it is hereby enacted by authority of the
same:" that all commissions, granted by the Governor or Vice-
President, shall run thus -- "The Colony 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. "Against the peace of this Colony, the
government and dignity of the same."
XVI. That all criminals shall be admitted to the same
privileges of witnesses and counsel, as their prosecutors are or
shall be entitled to.
XVII. That the estates of such persons as shall destroy
their own lives, shall not, for that offence, be forefeited; but
shall descend in the same manner, as they would have done, had
such persons died in the natural way; nor shall any article, which
may occasion accidentally the death of any one, be henceforth
deemed a deodand, or in anywise forfeited, on account of such
misfortune.
XVIII. That no person shall ever, within this Colony, be
deprived of the inestimable privilege of worshipping Almighty God
in a manner agreeable to the dictates of his own conscience; nor,
under any pretence whatever, be 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 purpose of building or repairing any
other church or churches, place or places of worship, or for the
maintenance of any minister or ministry, contrary to what he
believes to be right, or has deliberately or voluntarily engaged
himself to perform.
XIX. That there shall be no establishment of any one
religious sect 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, professing a belief in the faith
of any Protestant sect, who shall demean themselves peaceably
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 subjects.
XX. That the legislative department of this government may,
as much as possible, be preserved from all suspicion of
corruption, none of the Judges of the Supreme or other Courts,
Sherriffs, or any other person or persons possessed of any post of
profit under the government, other than Justices of the Peace,
shall be entitled to a seat in the Assembly: but that, on his
being elected, and taking his seat, his office or post shall be
considered as vacant.
XXI. That all the laws of this Province, contained in the
edition lately published by Mr. Allinson, 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, according as heretofore, regarded in all respects, 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 heretofore practised in this Colony,
shall still remain in force, until they shall be altered by a
future law of the Legislature; 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,
forever.
XXIII. That every person, who shall be elected as aforesaid
to be a member of the Legislative Council, or House of Assembly,
shall, previous to his taking his seat in Council or Assembly,
take the following oath or affirmation, viz:
"I, A. B., do solemnly declare, that, as a member of the
Legislative Council, [or Assembly, as the case may be,] of
the Colony of New-Jersey, I will not assent to any law, vote
or proceeding, which shall appear to me injurious to the
public welfare of said Colony, nor that shall annul or repeal
that part of the third section in the Charter of this Colony,
which establishes, that the elections of members of the
Legislative Council and Assembly shall be annual; nor that
part of the twenty-second section in said Charter, respecting
the trial by jury, nor that shall annul, repeal, or alter any
part or parts of the eighteenth or nineteenth sections of the
same."
And any person persons, who shall be elected as aforesaid, is
hereby empowered to administer to the said members the said oath
or affirmation.
Provided always, and it is the true intent and meaning of
this Congress, that if a reconciliation between Great-Britain and
these Colonies should take place, and the latter be taken again
under the protection and government of the crown of Britain, this
Charter shall be null and void -- otherwise to remain firm and
inviolable.
In PROVINCIAL CONGRESS, New Jersey,
Burlington, July 2, 1776.
By order of Congress.
SAMUEL TUCKER, Pres.
William Paterson, Secretary.