USA > New Jersey > A civil and political history of New Jersey: embracing a compendious history of the state, from its early discover and settlement by Europeans, brought down to the present time > Part 47
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instructs us to fix by law, the time, place, and manner of forming it. A law, therefore, calling a Convention of a suitable number of delegates, at as short a time and little expense as the importance of the measure will justify, I believe to be both proper and neces- sary. If the will of the people has been misunderstood, they can so express it by instructions to their delegates. I commend the sub- ject to your early consideration and prompt and efficient action."
. The matter was held under consideration by the legislature until the 23d of February, 1844, when a bill was passed by the Assembly entitled "An act to provide for the calling of a Conven- tion to frame a Constitution of the State, to be submitted to the people thereof for ratification or rejection."29
. The law provided that an election for delegates to meet in Con- vention should be held in the counties on the 18th of March ; the , number chosen to be equal to the number of members of the General Assembly, and they were to meet on the 14th of May next ensuing. The instrument formed in Convention was to be submitted to the people for their final decision on the 2d Tuesday in August. Before the close of the session, the members of the legislative bodies, acting extra officially, (together with other indi- viduals of influence in the State,) came to a resolution recommend- ing to the people of the counties to hold preparatory meetings, and to nominate by common agreement and assent, persons from the different political parties, as delegates to the Convention ; and an arrangement was proposed which would secure the election of an equal number from each of the parties. The recommendation thus made, proceeded from an elevated sense of public duty, and a willingness to forego all considerations arising from the interests or views of party, in order to secure harmonious action in an effort for the general good. This measure, so honorable to the actors, and to the State, was acceded to (with a single exception) and carried out by the people. The delegates were selected and chosen in the manner proposed, and the Convention met accord- ing to appointment on the 14th of May, 1844. Fifty-eight mem- bers were in attendance.
29 The bill passed, had come from the Council, and had been amended by the House, and the amendments were afterwards agreed to by the Council.
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' On entering upon the business of the Convention, some differ- ence of opinion was found to exist in regard to the particular mode of procedure. Some of the members were disposed to limit their action to an amendment of the existing Constitution, making only such changes therein, as public opinion appeared to demand, or full examination might suggest; but.others were inclined to a consideration of general principles, and the creation of distinct departments of government, with but little reference to any exist- ing provisions. The latter mode was finally adopted. Ilence a new instrument was formed. In this plan, the operation of govern- ment. was more closely restricted by a fuller declaration of the rights and privileges that were retained by the people.30 A par- ticipation in civil and political privileges was secured to a larger number, by a guaranty under constitutional provision of the right of suffrage to those who had formerly only enjoyed it by legisla- tive enactment. The different departments of government were entirely separated. The legislative department was made to con- sist as before, of two bodies, their numbers to continue the same until the next census should be taken ; but the Council to take the name of Senate, and the members to be elected for three years. The property qualification of the members of the legislative houses required by the former Constitution, was wholly removed. The executive authority was vested in a Governor, to be elected by the people of the State, and to hold office for three years. He was to perform no legislative duties, but to have a qualified veto power upon the action of the legislative bodies. Except as a single mem- ยท ber of a body with powers of a mixed character, no judicial authority was allowed to the Executive. The judicial department was fully established, both in respect to the character and number of courts, and the appointment and duties of officers. A Court of Errors and Appeals in the last resort, was provided for ; a Court of Impeachment ; a Court of Chancery ; a Prerogative Court; a Supreme Court ; Circuit Courts, and such inferior courts as were existing at the time. . All these were to be permanent, except the
30 The enumeration of rights and privileges was made in nineteen articles, embracing a sufficient scope to give ample security to the liberties of the citizens.
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last, which might be changed or abolished at the discretion of the legislature.31
In the scope of authority given to the government, in the mode of appointing officers, and in the distribution of powers, as well as in several minor particulars, the Constitution now framed was so different from the former, that it may truly be considered as a new organization. The entire amount of power possessed by the go- vernment, was lessened, and the relative condition and strength of the parts were greatly changed. The legislature had formerly been able to exercise the principal control ; it had been the imme- diate source of authority to the other departments, but now, the Executive was wholly independent of the legislature, in origin, and the judiciary branch was only dependent in part.
In accordance with the law, the Constitution was submitted to the people on the second Tuesday in August for their adoption or rejection. It was found to be generally approved, being adopted by a very decided vote.32 It thus became the fundamental law of
" The Court of Errors and Appeals which formerly was composed of the Governor and Council, was now to consist of the Chancellor, the Justices of the Supreme Court, and six Judges, which Judges were to be appointed for six years. This Court was thus made higher, by the judicial character of the members, and more permanent from the extension of the term of office. The powers belonging to the " Court of Pardons," which had been exercised by the Governor and Council, were vested in the Governor, the Chancellor, and the six Judges of the Court of Errors and Appeals, or a major part of them. This body might remit fines and forfeitures, and grant pardons after conviction, in all cases except impeachment. The duties of Chancellor and Ordinary, formerly performed by the Governor, were now assigned to a separate officer. A change was also made in the mode of appointing judicial ocffiers. Under the former Constitution, all these appointments were made by the legislative bodies in joint meeting. Now the Justices of the Supreme Court, the Chancellor, and the Judges of the Court of Errors and Appeals, were to be nominated by the Go- vernor, and appointed by him, with the advice and consent of the Senate- Justices of the Supreme Court and the Chancellor to hold their offices for seven years-Judges of the Courts of Common Pleas to be appointed by the Senate and General Assembly in joint meeting, and commissioned by the Governor-Justices of the Peace to be elected by the people.
" The whole number of votes was 23,871. Of these, 20,276 were for the , Constitution, and 69 ballots were rejected. Majority, 16,750.
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the State, and so far as any may judge, its operation can hardly fail to be favorable to the best interests of the people. Being en- tered upon under the influence of the most liberal views, and exe- cuted by a body of men distinguished for intelligenee, the work exhibits a full acquaintance with the advances that have been made in political science, and yet is entirely free from the ex- tremes which are sometimes produced by the bias of party, or an excessive zeal for reform. The framers were not so much desirous that the plan should excite admiration for its boldness or novelty, as that it should meet commendation for its usefulness, and its adapta- tion to the interests and the wants of the people.
In pursuance of the provisions agreed upon, an election was held for Governor and other officers in October, 1844. The Hon. Charles C. Stratton was then elected Governor ; he continued in office until 1847, when Governor Haines, who had been the last in office under the old Constitution, was elected under the new. He is the present incumbent.
New Jersey has reason for grateful exultation. Her past history is without a stain, and her present and prospective condi- tion is almost all that any can desire. From the character of her institutions and her other advantages, the people have come to be possessed of the means of prosperity and happiness, to as full an extent as they are held in any community, either in our own country, or in the world.
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APPENDIX.
NOTE A, PAGE 390.
Records not in possession of the author at the time the subject was adverted to in the work, have since been examined, which show, that the movement in New Jersey, in support of the people of Boston, was very general, and in many instances of a formal character. In the county of Gloucester, committees were ap- pointed in each of the townships, to receive donations ." for the relief of our suffering brethren in Boston," and a general treasurer (Joseph Ellis,) was appointed, who was authorized to procure a place to store the provisions that should be furnished ; and the sum of five hundred and thirty-four dollars in money, was at one time ordered to be paid on account of subscriptions.
Communication in Woodbury Constitution, by Dr. Fithian.
NOTE B, PAGE 402.
From the source indicated in the foregoing note, the following extracts have also been obtained, which exhibit in detail the action of the people in the appointment of delegates to the first Provincial Congress :
" At a meeting of the majority of the Committee of Correspondence for the county of Gloucester, on the 5th day of May, 1775-present, Samuel Harrison, Chairman ; John Hinchman, John Cooper, John Sparks, Joseph Ellis, Joseph Low, Isaac Mickle, Joseph Hugg.
" In consequence of intelligence received from the Committee of Correspondence from New Brunswick, and at their request, the committee above named have taken the same into consideration, and do unanimously agree and think it our indispensable duty in this alarming crisis, forthwith to request a meeting of the inhabi- tants of this county, for the purpose of choosing members to meet at the Provisional Congress, at Trenton, on the 23d day of this instant, May.
" Ordered, That the Clerk get a number of notices immediately printed, and disperse them throughout the county-that a person be sent express to Eggharbour with part thereof, and alarm the inhabitants of the consequence thereof, and the necessity of a meeting. By order of Committee.
JOS. IIUGG, Com. Clerk."
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"Committee met pursuant to adjournment, on the 10th inst., at the house of William Hugg-present, Samuel Harrison, John Cooper, Joseph Ellis, John Sparks, Isaac Mickle, Doc. Vanleer, Joseph Cooper, Peter Cheesman, Joseph Hugg.
" In Committee, Ordered, That every member of this committee meet at the house of William Hugg, on the 13th instant, by 10 o'clock A. M., and that notice issue for that purpose-to which time this Committee is adjourned. By order of Committee.
JOS. HUGG, Clerk."
" At a meeting of a very respectable number of the inhabitants of this county, on the 18th day of May, Anno Domini 1775, pur- suant to a notice from the Committee of Correspondence, for that purpose :
" At said meeting the inhabitants taking into consideration the - intelligence communicated from the Committee of Correspondence of New Brunswick, do unanimously
" Resolve, That it is highly necessary that there should be a Provincial Congress held at the time and place appointed by the said Committee ; and do unanimously
" Resolve and agree, that seven persons be chosen for said ser- vice, to represent this county.
" And accordingly Robert Friend Price, John Hinchman, Elijah Clark, Esqrs., and Messrs. John Cooper, Joseph Ellis, John Sparks, and Joseph Ilugg were unanimously chosen, to continue for twelve months, and any three or more attending said meeting, to be a sufficient representation.
" Ordered, That the members attending from this county, do use their endeavors when met in Congress, to confirm and re- appoint the delegates appointed by the General Assembly of this Province.
" Ordered, That the instructions drawn by Mr. Cooper, for said Provincial Congress, be taken by the members of this county, to said Congress, for their own guide-but not to be published.
" On the question being put, whether the Committee of Obser- vation be authorized to carry into execution the resolves of the Provincial Congress, and to perform such services as the emer- gency of the case may require, it was resolved nem. con. By order of the county. JOS. HUGG, Clerk.
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