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And the Supreme Court hereby established shall also have power to hear and determine such of said suits and proceedings as may be prescribed by law.
7. In case any vacancy shall occur in the office of Chancellor or justice of the present Supreme Court, previously to the first day of July, one thousand eight hundred and forty-eight, the Governor may nominate, and by and with the advice and consent of the Senate, appoint a proper person to fill such vacancy. Any judge of the Court of Appeals or justice of the Supreme Court. elected under this Constitution, may receive and hold such appointment.
8. The offices of Chancellor, justice of the existing Supreme Court, circuit judge, vice-chancellor, assistant vice-chancellor, judge of the existing county courts of each county, Supreme Court commissioner, master in chancery, examiner in chancery, and surrogate, (except as herein otherwise provided,) are abolished from and after the first Monday of July, one thousand eight hundred and fortyseven, (1847.)
9. The Chancellor, the justices of the present Supreme Court, and the circuit judges, are hereby declared to be severally eligible to any office at the first election under this Constitution.
10. Sheriffs, clerks of counties (including the register and clerk of the city and county of New York) and justices of the peace, and coroners, in office when this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected.
11. Judicial officers in office when this Constitution shall take effect, may continue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twentieth section of the sixth article of this Constitution.
12. All local courts established in any city or village, including the superior court, common pleas, sessions and surrogate's courts of the city and county of New York, shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions; and the judges of such courts, and any clerks thereof, in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the Legislature shall otherwise direct.
13. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided.
17 For the old Constitution of this State, see Appendix.
CONSTITUTION. 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 :
We, the people of the State of New-Jersey, grateful to Almighty God for the civil and religious liberty which he hath so long permitted us to enjoy, and looking to him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.
ARTICLE I.—Rights and Privileges. Sec. 1. All men are by nature free and independent, and have certain natural and inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at 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 Almighty God in a manner agreeably to the dictates of his own conscience: nor under any pretence whatever be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates, for building or repairing any 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 and voluntarily engaged to perform.
4. There shall be no establishment of one religious sect in preference to another: no religious test shall be required as a qualification for
any office or public trust; and no person shall be denied the enjoyment of any civil right merely on account of his religious principles.
5. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; 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 effects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but upon probable cause, supported by oath or aflirmation, and particularly describing the place to be searched, and the papers and things to be seized.
7. The right of trial by jury shall remain inviolate : but the Legislature may authorize the trial of civil suits, when the matter in dispute does not exceed fifty dollars, by a jury of six men.
8. În all criminal prosecutions, the accused shall have the right to a speedy 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 assistance of counsel in his defense.
9. No person shall be held to answer for a criminal offense, unless on the presentment of 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, when in actual service in time of war or public danger.
10. No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, 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, the 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 without the consent of the owner, nor in time of war, except in a manner prescribed by law.
14. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
15. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.
16. Private property shall not be taken for public use without just compensation, but land may be taken for public highways as heretofore, until the Legislature shall direct compensation to be made.
17. No person shall be imprisoned for debt in any action, or on any judgment founded upon contract, unless in cases of fraud; nor shall any person be imprisoned for a militia fine in time of peace.
18. The people have a 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. This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.
ARTICLE II.—Right of Suffrage. 1. Every white 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 vote five months, next before the election, shall be entitled to vote for all officers that now are, or hereafter may be, elective by the people; provided, that no person in the military, naval, or marine service of the United States shall be considered a resident in this State, by being stationed in any garrison, barrack, or military, or naval place or station within the State; and no pauper, idiot, insane person, or person convicted of a crime which now excludes him from being a witness, unless pardoned and restored by law to the right of suffrage, shall enjoy the right of an elector.
2. The Legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery at elections.
ARTICLE III.—Distribution of the Powers of Government.
The powers of the Government shall be divided into three distinct departments—the legislative, executive, and judicial; and no person or persons belonging to, or constituting one of thesc departments, shall exercise any of the powers properly belonging to either of the others, except as herein expressly provided.
ARTICLE IV.—Legislative. Sec. I.-1. The legislative power of this State shall be vested in a Senate and General Assembly.
2. No person shall be a member of the Senate who shall not have attained the age of thirty years, and have been a citizen and in-. habitant of the State for four years, and of the county for which he shall be chosen one year, next before his election; and no person shall be a member of the General Assembly who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State for two years, and of the county for which he shall be chosen one year next before his election; provided, that no no person shall be eligible as a member of either house of the Legislature, who shall not be entitled to the right of suffrage.
3. Members of the Senate and General Assembly shall be elected yearly, and every year, on the second Tuesday of October; and the two houses shall meet separately on the second Tuesday in January next after the said day of election: at which time of meeting the legislative year shall commence, but the time of holding such election may be altered by the Legislature.
Sec. II.—1. The Senate shall be composed of one Senator from each county in the State, elected by the legal voters of the counties respectively, for three years.