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no time hereafter, inftitute any new court or courts, but fuch as fhall proceed according to the courfe of the common law.

42. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine and declare, that it fhall be in the difcretion of the legislature to naturalize all fuch perfons, and in fuch manner as they fhall think proper; provided all fuch of the perfons, fo to be by them naturalized, as being born in parts beyond fea, and out of the United States of America, fhall come to fettle in, and become fubjects of this ftate, fhall take an oath of allegiance to this state, and abjure and renounce all allegience and fubjection to all and every foreign king, prince, potentate and ftate, in all matters ecclefiaftical as well as civil.

By order.

LEONARD GANSEVOORT,

Pref. pro tem

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WHEREAS all the conftitutional authority ever poffeffed by the kings of Great-Britain over thefe colonies, or their other dominions was, by compact derived from the people, and held of them for the common intereft of the whole fociety, allegiance and protection are, in the nature of things, reciprocal ties, each equally depending upon the other, and liable to be diffolved by the other's being refufed or withdrawn. And whereas George the third, king of Great-Britain, has refused protection to the good people of these colonies; and, by affenting to fundry acts of the British parliament, attempted to fubject them to the abfolute dominion of that body; and has alfo made war upon them in the most cruel and unnatural manner, for no other cause than afferting their juft rights, all civil authority under him is neceffarily at an end, and a diffolution of government in each colony has confequently taken place.

And whereas in the prefent deplorable fituation of these colonies, expofed to the fury of a cruel and relentless enemy, fome form of government is abfolutely neceffary, 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 neceflary defence; and as the honourable the continental congrefs, the fupreme council of the American colonies, has advised fuch of the colonies as have not yet gone into the 'meafure, to adopt for themselves refpectively, fuch government as fhall beft conduce to their own happiness and fafety, and the well-being of America in general: We, the reprefentatives of the colony of New-Jerfey, having been elected by all the counties in the freeft manner, and in congrefs affembled, have, after mature deliberations, agreed upon a fett of charter rights, and the form of a conftitution, in manner following, viz.

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1. That the government of this province fhall be vefted in a governor, legislative council, and general affembly.

2. That the legislative council and general affembly fhall be chofen, for the first time, on the fecond Tuesday in August next; the members whereof fhall be the fame in number and qualifications as is herein after mentioned; and fhall be and remain vefted with all the powers and authority to be held by

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any future legiflative council and affembly of this colony, until the fecond Tuesday in October, which fhall be in the year of our Lord one thousand seven hundred and feventy-feven.

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3. That on the fecond Tuesday in October yearly, and every year for ever (with the privilege of adjourning from day to day, as occafion may require) the counties fhall feverally choose one person to be a member of the legislative council of this colony, who fhall be and have been for one whole year next before the election, an inhabitant and freeholder in the county in which he is chofen, and worth at leaft one thousand pounds, proclamation money, of real and perfonal eftate within the fame county that, at the fame time, each county fhall alfo choofe three members of affembly; provided, that no perfon fhall be entitled to a feat in the said affembly, unless he be and have been for one whole year next before the election, an inhabitant of the county he is to reprefent, and worth five hundred pounds proclamation money in real and perfonal estate, in the fame county that on the fecond Tuefday next after the day of election, the council and affembly fhall feparately meet; and that the confent of both houfes fhall be neceffary to every provided, that feven fhall be a quorum of the council for doing bufinefs, and that no law fhall país, unless there be a majority of all the reprefentatives of each body perfonally prefent, and agreeing thereto. Provided always, that if a majority of the reprefentatives of this province, in council and general affembly convened, fhall, at any time or times hereafter, judge it equitable and proper to add to or diminish the number or proportion of the members of affembly for any county or counties in this colony, then, and in such case, the fame may, on the principles of more equal reprefentation, be lawfully done, any thing in this charter to the contrary notwithstanding, fo that the whole number of reprefentatives in affembly fhall not at any time be less than thirty nine.

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4. That all inhabitants of this colony of full age, who are worth fifty pounds, proclamation money, clear eftate in the fame, and have refided 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 affembly; and alfo for all other public officers that shall be elected by the people of the county at large.

5. That the affembly, when met, fhall have power to choose a fpeaker, 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 paffed into laws; and to empower their speaker to convene them, whenever any extraordinary occurrence fhall render it neceffary.

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6. That the council fhall have power to prepare bills to pafs into laws, and have other like powers as the affembly, and in all refpects to be a free and independent branch of the legiflature of this colony; fave only, that they fhall not prepare or alter any money bill, which fhall be the privilege of the affembly, that the council fhall, from time to time, be convened by the governor or vice-prefident, but must be convened at all times when the affembly fits; for which purpose the speaker of the house of affembly fhall always immediately after an adjournment give notice to the governor or vice-prefident, of the time and place to which the house is adjourned.

7. That the council and affembly jointly, at their first meeting after each annual election, fhall, by a majority of votes, elect fome fit perfon within the colony to be governor for one year, who fhall be conftant prefident of the council, and have a cafting vote in their proceedings; and that the council themfelves fhall choose a vice-prefident, who fhall act as such in the abfence of the governor.

8. That the governor, or in his abfence, the vice-prefident of the council, fhall have the fupreme 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 council fhall, at all times, be a privy-council to confult them; and that the governor be ordinary or furrogate-general.

9. That the governor and council, (feven whereof shall be a quorum) be the court of appeals in the laft refort in all claufes of law, as heretofore; and that they poffefs the power of grant ing pardons to criminals after condemnation, in all cafes of treafon, felony, or other offences.

10. That captains, and all other inferior officers of the militia, fhall be chofen by the companies in the respective counties; but field and general officers by the council and affembly.

11. That the council and affembly shall have power to make the great feal of this colony, which fhall be kept by the governor, or, in his abfence, by the vice-prefident of the council, to be used by them, as occafion may require; and it fhall be called, The great feal of the colony of "New-Jersey.

12. That the judges of the fupreme court fhall continue in office for seven years; the judges of the inferior court of common pleas in the feveral counties, juftices of the peace, clerks of the fupreme court, clerks of the inferior court of common pleas and quarter feffions, the attorney-general, and provincial fecretary, fhall continue in office for five years; and the provincial treafurer fhall continue in office for one year; and that

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they fhall be feverally appointed by the council and affembly in manner aforefaid, and commiffioned by the governor, or in his abfence the vice-prefident of the council. Provided always, that the faid officers feverally, fhall be capable of being re-appointed at the end of the terms feverally before limited; and that any the faid officers fhall be liable to be difmiffed,when adjudged guilty of misbehaviour, by the council on an impeachment of the affembly.

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13. That the inhabitants of each county, qualified to vote as aforefaid, fhall, at the time and place of electing their representatives, annually elect one fheriff, and one or more coroners; and that they may re-elect the fame person to fuch offices until he fhall have ferved three years, but no longer; after which three years must elapfe before the fame perfon is capable of being elected again. When the election is certified to the governor or vice-prefident, under the hands of fix freeholders of the county for which they were elected, they fhall be immediately commiffioned to ferve in their refpective offices.

14. That the townships, at their annual town meetings for electing other officers, fhall chufe conftables for the districts refpectively; and alfo three or more judicious freeholders of good character, to hear and finally determine all appeals relative to unjuft affeffments in cafes of public taxation; which commiffioners of appeal fhall, for that purpose, fit at some suitable time or times to be by them appointed, and made known to the people by advertisements.

15. That the laws of the colony fhall begin in the following ftile, viz. Be it enacted by the council and general affembly of this colony, and it is hereby enacted by authority of the fame: that all commiffions granted by the governor or vice-prefident, fhall run thus-The colony of New-Jersey to A. B. &c. greeting, and that all writs fhall likewife run in the name of the colony and that all indictments fhall conclude in the following manner, viz. Against the peace of this colony, the government and dignity of the fame. 16. That all criminals fhall be admitted to the fame privileges of witneffes and counfel, as their profecutors are or shall be entitled to.

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17. That the estates of fuch perfons as fhall deftroy their own lives fhall not, for that offence, be forfeited; but fhall defcend in the fame manner as they would have done, had fuch perfons died in the natural way; nor fhall any article which may occafion accidentally the death of any one, be henceforth. deemed a deodand, or in any wife forfeited on account of such misfortune.

18. That no perfon fhall ever within this colony be deprived of the inestimable privilege of worshipping Almighty God in a manner agreeable to the dictates of his own confcience; nor

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