USA > New Jersey > The history of New Jersey : from its earliest settlement to the present time : including a brief historical account of the first discoveries and settlement of the country, Vol. II > Part 18
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The law provided that an election for delegates to meet in convention 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 Tues- · day in August. Before the close of the session, the members of the Legislative bodies acting extra officially (together with other individuals of influence in the State), came to a resolution recommending 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 considera- .tions 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 according to appointment on the 14th of May, 1844. Fifty-eight members were in attendance, as follows: Atlantic County, Jonathan Pitney; Bergen, John
* 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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Cassedy, Abraham Westervelt ; Burlington, William R. Allen, Jonathan I. Spencer, Charles Stokes, John C. Ten Eyck, Moses Wills; Camden, Abraham Browning, John W. Mickle; Cape May, Joshua Swain ; Cumberland, Joshua Brick, Daniel Elmer, William B. Ewing; Essex, Silas Condit, Oliver S. Halsted, Jo- seph C. Hornblower, David Naar, William Stites, Elias Van Ars- dale, Isaac H. Williamson ; Gloucester, John R. Sickler, Charles C. Stratton ; Hudson, Robert Gilchrist ; Hunterdon, Peter I. Clark, David Neighbor, Jonathan Pickel, Alexander Wurts ; Mercer, Richard S. Field, Henry W. Green, John R. Thomson ; Middlesex, Moses Jaques, James Parker, Joseph F. Randolph, James C. Zabriskie; Monmouth, Bernard Connolly, Thomas G. Haight, George F. Fort, Daniel Holmes, Robert Laird; Morris, Francis Child, Mahlon Dickerson, Ephraim Marsh, William N. Wood; Passaic, Elias B. D. Ogden, Andrew Parsons; Salem, Alexander G. Cattell, John H. Lambert, Richard P. Thompson ; Somerset, George H. Brown, Ferdinand S. Schenck, Peter D. Vroom; Sussex, John Bell, Joseph E. Edsall, Martin Ryerson ; Warren, Samuel Hibbler, Phineas B. Kennedy, Robert S. Kennedy.
The Convention commenced on the 14th day of May, 1844, and concluded their session on the 29th day of June, of the same year.
Isaac H. Williamson was unanimously elected President, and William Paterson, Secretary.
The daily sessions were opened with prayer.
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 to 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 existing provisions. The latter mode was finally adopted. Hence a new instrument was formed. In this plan, the opera- tion of government was more clearly restricted by a fuller dec- laration of the rights and privileges that were retained by the
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people .* A participation in civil and political privileges was secured to a larger number, by a guarantee under constitutional provision of the right of suffrage to those who had formerly only enjoyed it by legislative enactment. The different departments of government were entirely separated. The legislative depart- ment was made to consist as before, of two bodies, their num- bers 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 Con- stitution, 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 legis- tive duties, but to have a qualified veto power upon the action of the legislative bodies. Except as a single member of a body with powers of a mixed character, no judicial authority was allowed 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 last, which might be changed or abolished at the discretion of the Legislature. t
* 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.
. t 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 convic- tion, in all cases except impeachment. The duties of Chancellor and Ordi- nary, formerly performed by the Governor, were now assigned to a separate
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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 government 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 immediate source of authority to the other departments, but now the Executive was wholly indepen- dent 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 adop- tion or rejection. It was found to be generally approved, being adopted by a very decided vote .* It thus became the funda- mental law of the State, and so far as any may judge, after ex- periencing its operation for nearly a third of a century, it has proved highly favorable to the best interests of the people. Being entered upon under the influence of the most liberal views, and executed by a body of men distinguished for intelli- gence, the work exhibits a full acquaintance with the advances that have been made in political science, and yet is entirely free from the extremes 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
officer. A change was also made in the mode of appointing judicial officers. 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 Governor 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 com- missioned 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, and 3526 against it. Majority, 16,750.
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usefulness, and its adaptation to the interests and wants of the people.
In order to meet the growing wants of the State, the Legisla- ture passed a concurrent resolution, April 4th, 1873, requesting and empowering the Governor to appoint, by and with the con- sent of the Senate, a commission of two persons from each Con- gressional District, to suggest and propose amendments to the State Constitution, for submission to and consideration by the next Legislature.
On the 24th of April of the same year, Governor Parker ap- pointed the following eminent gentlemen, who were duly con- firmed by the Senate :
First District, Benjamin F. Carter, Samuel H. Grey ; Second District, Mercer Beasley, John C. TenEyck; Third District, Robert S. Green, John F. Babcock; Fourth District, Martin Ryerson, Jacob L. Swayze ; Fifth District, Augustus W. Cutler, Benjamin Buckley ; Sixth District, Theodore Runyon, John W. Taylor; Seventh District, Abraham O. Zabriskie, Robert Gil- christ.
The commission having completed their labors and submitted their report to the Legislature, an act was approved on the 8th of April, 1875, to submit the amendments to a vote of the people at a special election to be held September 7th of the same year. After the election had been held, the amendments, with the result of the election, were duly filed in the office of the Secre- tary of State, and on the 28th of the same month the State Can- vassers met at the State House, and after having canvassed the votes, declared all the amendments adopted.
There were twenty-eight in all, the majorities for which averaged 43,086, except upon the twelfth amendment, which provided that " Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value." This amendment was adopted by a majority of 6,734, 36,352 less than the average majority on the other twenty-seven.
The official result having been ascertained, Governor Bedle issued his proclamation on the 28th of September, declaring all the amendments adopted, approved, and ratified by the people.
While these amendments made no radical alterations in the
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fundamental law of the State they made some important changes. They prohibited any county, city, borough, town, township or village giving or loaning its money or credit, directly or indi- rectly, to any association or corporation ; prohibited the State or any municipal corporation from donating land or appropriating money for the use of any society, association, or corporation.
In order to conform to the Constitution of the United States and the laws of the land, the word "white " was stricken out.
Provision was also made for electors in the military or naval service, in time of war, to vote.
The per diem and mileage of members of both branches of the Legislature was changed to a salary of $500 per annum, and they are prohibited from receiving any other allowance or emolument, directly or indirectly.
In amending a law, or part of a law, it requires that the law or section to be amended shall be recited in full, and not amended by its title as heretofore.
In the paragraph relating to schools, the word "public" was stricken out, and the word " free" inserted in its place, and the Legislature are required to provide for a thorough and efficient system of free public instruction for all children between the ages of five and eighteen years.
Charters for banks or money corporations it requires a three- fifth vote to pass, and their charters are to be limited to twenty years.
The passage of all private or local bills are prohibited, unless public notice of the same and the general object thereof shall have been previously given. The Legislature are also prohibited from passing any local, private, or special laws for certain enumerated cases, but they are required to pass general laws for the same.
Upon bills containing several items of appropriations of money, the Governor is empowered to object to one or more of such items, while approving the other portions of the bill.
The Governor is prohibited from being elected by the Legis- lature to any office under the government of this State or of the United States during the term for which he shall have been elected Governor.
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The Adjutant-General and Quartermaster-General are to be nominated by the Governor and appointed by him, with the advice and consent of the Senate.
Judges of the Inferior Court of Common Pleas, are nominated by the Governor, and appointed by him, with the advice and consent of the Senate, and hold their term of office five years.
The State Treasurer and Comptroller are appointed by the Senate and Assembly in joint meeting, for three years.
The Keeper of the State Prison is nominated by the Governor, and appointed by him, with the advice and consent of the Senate, for the term of five years.
Sheriffs and Coroners are elected for three years, after which three years must elapse before they can be again capable of serv- ing. Sheriffs are required to renew their bonds annually.
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In his message to the House, September 11th, 1776, Governor Livingston recommended the fixing of the seat of government in some convenient and plentiful part of the State, and on Wednes- day, November 16th, 1791, a bill was introduced in the House of Assembly entitled "An act to provide suitable buildings for the accommodation of the Legislature and public offices of the State."
On the 18th of the same month the bill was taken up, and an effort made to amend it by striking out Trenton and inserting New Brunswick and Woodbury, which was not agreed to, and on Saturday, November 19th, it passed the House, and on Tues- day, the 22d, it passed the Council.
The seat of Government having been fixed at Trenton by act of the Legislature, approved November 25th, 1790, in the act for erecting suitable buildings for the accommodation of the Legislature, Joseph Cooper, Thomas Lowery, James Ewing, Maskell Ewing, George Anderson, James Mott, and Moore Furman were appointed commissioners, with power to purchase or accept such quantity of land at the seat of govern- ment as they might deem proper for the use of the State, and provide suitable buildings for the accommodation of the Legis- lature of the State; and they were authorized to draw on the treasurer for any sums not exceeding fifteen hundred pounds, and to accept grants of money for the purposes aforesaid.
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These commissioners at once entered upon the duties of their appointment, and purchased lands containing three and three- quarter acres, the entire cost of which was two hundred and fifty pounds five shillings.
They first purchased of Joseph Brittain and Susanna, his wife, on the Delaware River, for five shillings, two and a quarter acres of land, the deed for which was dated January 19th, 1792.
The next lot, No. I, facing on Second street (now State street), was purchased of the same parties, containing one- quarter of an acre, for sixty-two pounds ten shillings, the deed bearing the same date as the one above.
Lot No. 2, also facing on State street, was purchased from George Ely and Mary, his wife, for sixty pounds, containing one- quarter of an acre, the deed bearing the same date as the above.
Lot No. 3, facing on State street, containing one-quarter of of an acre, was purchased from George Ely and Mary, his wife, for sixty pounds, deed bearing same date.
A lot was subsequently bought of Mrs. Mary McCall, eighty- two feet six inches fronting on State street, and running the same depth as the other three lots, for four thousand five hundred dollars.
The present front of the lot is two hundred and forty-seven feet six inches on State street, and the entire depth from State street to low-water mark in the Delaware River is six hundred and sixty feet, according to a survey made by William C. Howell, September 16th, 1845.
On the 16th of November, 1792, the House appointed Ben- jamin Vancleve, of Hunterdon ; John Burgin, of Cumberland; and Joseph Stilwell, of Monmouth, and on the 17th the Council appointed John Condict, of Essex, a committee to settle the accounts of the commissioners, who, on the 27th of the same month, submitted the following report :
" TRENTON, November 27th, 1792.
" We, the committee from the Council and Assembly for the purpose of examining the accounts and vouchers of the commis- sioners appointed by a law of this State passed the twenty-second day of November, one thousand seven hundred and ninety-one, to provide suitable buildings for the accommodation of the
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Legislature, having carefully inspected the same, do report, that the said commissioners have received at sundry times, out of the treasury of this State, the sum of three thousand five hundred pounds ; and for several articles sold, belonging to the State, twelve pounds fifteen shillings and eleven pence halfpenny ; and also from the inhabitants of Trenton and the vicinity, by sub- scription, the sum of three hundred pounds eighteen shillings and sixpence in cash, together with lands and materials for building, to the value of three hundred and forty pounds nine shillings and five pence, exclusive of the said materials. And it appears to the committee, by the accounts of the said commis- sioners, and the vouchers produced to us, from No. I to No. 129, and from No. o to 24, that they have expended in erecting the said building the sum of three thousand eight hundred and twenty pounds nineteen shillings and five pence halfpenny ; and that there is a balance due to the said commissioners of five shillings. And further, it appears to the committee that there are demands against the said commissioners from sundry persons, for materials for said building and workmanship, to the amount of one hundred and seventy pounds eighteen shillings and seven pence, specie."
On the 4th of March, 1795, was approved, " An act for the removal of the Secretary's office, and for the preservation of the public records."
This act appointed John Black, junior, commissioner for Bur- lington, and John Rattoone, for Perth Amboy, and authorized them to sell at public auction, the former the house and lot in the city of Burlington, heretofore appropriated for the office of Secretary of State, except the iron doors to the said house be- longing, and the latter to sell at public auction the house and lot in the city of Perth Amboy, also heretofore appropriated for the Secretary's office, except the iron doors, and the said com- missioners were authorized and empowered to execute proper deeds for the same upon receipt of the purchase-money therefor. Benjamin Smith was appointed commissioner to erect a conve- nient house for the office of the Secretary of State, and Clerk of the Supreme Court, and for the preservation of the public records of the State, at or near the northeast corner of the State House
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lot in Trenton, adjoining the street leading from the Market House in Trenton to Beatty's Ferry ; the house to be one-story of about twelve feet in height, and twenty-eight feet wide by forty-six in length, with three rooms for each office, one of which in each office, of about eight feet wide, extending across the middle of the building, to be arched over, paved with brick or flag-stone, and made fireproof, and to have iron doors, in each of which there shall be proper cases for the depositing the records and other papers of the respective offices; the other rooms to have fireplaces ; the front room in each office to be twelve feet wide by fifteen long, and back rooms in each office to be nine feet by twelve, with cellars under the two rooms, to contain wood for their use. The public records were to be kept at the office at Burlington until these offices were completed.
The sum of £600 was appropriated for the building, and the Commissioner, Benjamin Smith, was to be allowed five per centum on all moneys expended by him in the erection and completion of said building.
November 2d, 1796, Messrs. Peter DeVroom, of Somerset ; Stephen Burrowes, of Hunterdon, and Peter Smith, of Sussex, were appointed a committee on the part of the House, and Thomas Sinnickson, of Salem, on the part of the Council, for the purpose of settling the accounts of Benjamin Smith, com- missioner, and also the accounts of the commissioners appointed to erect suitable accommodations for the Legislature ; and on the 4th of November they reported "that the commissioner had expended in finishing the said offices the sum of three hun- dred and ten pounds nine shillings and eleven pence, and that the said commissioner hath received from the treasurer one hun- dred and twenty pounds; that he hath sold sundry articles be- longing to the State, to the amount of twenty pounds twelve shillings and nine pence, and that there remains a balance due the said commissioner of one hundred and sixty-nine pounds seventeen shillings and two pence."
On the same day the same committee made the following report :
" That they had examined the accounts of the commissioners appointed by an act to provide suitable buildings for the accom-
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modation of the Legislature, passed the 22d day of November, 1791, and that the said commissioners have expended in finish- ing the State House, the sum of seven hundred and twenty-nine pounds and ten shillings; that the said commissioners have received of the treasurer five hundred pounds; that they have sold sundry articles belonging to the State to the amount of thirty-one pounds seven shillings and eight pence, and that there remains a balance due to the said commissioners of one hundred and ninety-eight pounds two shillings and four pence."
November 4th, 1797, it was resolved by the House "that a committee be appointed to inquire what repairs are necessary to be made to the State House, and whether it is expedient to enclose and level the lot belonging to the same, and what sum ought to be appropriated for the said purpose ;" and on the Ist of March, 1798, the Legislature passed an act appointing Moore Furman commissioner, and appropriating one thousand dollars to fence in the State House 1ot, to repair the State House, to level the yard thereof and gravel a walk to the street. He was to cause to be erected a neat pale fence, with red cedar posts, bottomed on a stone wall in front, and a good board fence six feet high and spiked on the top, with red cedar or white oak posts around the three other sides of the State House lot, and to cause the yard to be levelled as near as conveniently may be, by erecting a stone wall across the hollow from the Secretary's office opposite to the east end of the State House, and in other places where it may be necessary to be filled up; and also to purchase copper and other materials suitable to repair the State House.
On the 19th of January, 1799, at the request of Moore Furman, commissioner, the following committee was appointed to examine and settle his accounts : Messrs. Joseph Budd, of Burlington ; Joseph Shinn, of Salem ; and William Kunkel, of Sussex, on the part of the House, and Messrs. Peter DeVroom, of Somerset, and John Lambert, of Hunterdon, on the part of the Council, and on the 29th they made the following report :
"That we have examined the vouchers of the said Moore Furman, commissioner, from No. I to No. 63, inclusive, and the account accompanying the same, and find a balance due to the said Moore Furman (including his commissions of five per
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cent., amounting to thirty-seven pounds nineteen shillings and nine pence, and deducting three hundred and seventy-five pounds, which he acknowledges to have received from the treasurer), of three hundred and eighty pounds fourteen shillings and eight pence ; that the sum necessary to complete the inten- tion of the Legislature in his appointment, according to his esti- mate, will be seven hundred and thirty-five dollars and sixty-six cents, and that a further sum of four hundred and ten dollars will be necessary for paving around the State House with brick, and for sand and gravel to raise the ground, and stone to secure the brick."
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