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Minutes
of the
Convention
of the
State of New Jersey
Holden at Trenton the 11th Day
of December 1787.
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Trenton
MDCCLXXXVII |
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A
List of the Members of the State Convention, elected pursuant to a
Resolution of the Legislature of this State, passed at Trenton, October
29, 1787. |
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Bergen
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John
Fell
Peter Zabriskie
Cornelius Hennion
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Essex
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John Chetwood
Samuel Hay
David Crane |
Middlesex
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John
Neilson
John Beatty
Benjamin Manning |
Monmouth
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Elisha Lawrence
Samuel Breese
William Crawford |
Somerset
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John Witherspoon
Jacob R. Hardenbergh
Frederick Frelinghuysen |
Burlington
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Thomas Reynolds
George Anderson
Joshua M. Wallace |
Gloucester
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Richard Howell
Andrew Hunter
Benjamin Whitall |
Salem
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Whitten Cripps
Edmund Wetherby
*Samuel Dick |
Cape-May
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Jesse Hand
Jeremiah Eldredge
Matthew Whillden |
Hunterdon
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John Stevens
Hon. David Brearley
Joshua Corshon |
Morris
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William Windes
William Woodhull
John J. Faesch |
Cumberland
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David Potter
Jonathan Bowen
Eli Elmer |
Sussex
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Robert Ogden
Thomas Anderson
Robert Hoops |
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*This
Member did not attend. |
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(5)
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___________________________
Minutes
of the
Convention
of the
State of New Jersey.
___________________________
Trenton,
Tuesday, December 11, 1787.
John Fell, Peter Zabriskie, Cornelius Hennion, John Neilson, John
Beatty, Benjamin Manning, Samuel Breese, William Crawford, John
Witherspoon, Jacob R. Hardenbergh, Frederick Frelinghuysen, Thomas
Reynolds, George Anderson, Joshua M. Wallace, Richard Howell, Andrew
Hunter, Benjamin Whitall, Jesse Hand, Jeremiah Eldredge, Matthew
Whillden, John Stevens, David Brearley, Joshua Corshon, William
Windes, William Woodhull, John J. Faesch, David Potter, Jonathan
Bowen, Eli Elmer, Robert Ogden & Thomas Anderson, being |
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Minutes
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assembled in Pursuance of the Resolution of the Legislature of this
State, unanimously passed at Trenton, October 29, 1787, they proceeded
to appoint Mr. Beatty, Mr. Frelinghuysen & Mr. Hand, a Committee
to receive and examine the Certificates of the Election of the Members
of this Convention and to report on the same.
Adjourned till To-morrow Morning ten
OClock.
Wednesday, December 12, 1787.
The Convention met pursuant to adjournment. Present as before, together
with John Chetwood, Samuel Hay and David Crane, Delegates from the
County of Essex, Whitten Cripps and Edmund Wetherby, two of the Delegates
from the County of Salem, and Robert Hoops one of the Delegates from
the County of Sussex.
Mr. Beatty, from the Committee, reported,
that the following Persons, vizt John Fell, Peter Zabriskie,
Cornelius Hennion, John Chetwood, Samuel Hay, David Crane, John Neilson,
John Beatty, Benjamin Manning, Samuel Breese, William Crawford, John
Witherspoon, Jacob R. Hardenbergh, Frederick Frelinghuysen, Thomas
Reynolds, George Anderson, Joshua M. Wallace, Richard Howell, Andrew
Hunter, Benjamin Whitall, |
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Whitten
Cripps, Edmund Wetherby, Jesse Hand, Jeremiah Eldredge, Matthew Whillden,
John Stevens, David Brearley, Joshua Corshon, William Windes, William
Woodhull, John J. Faesch, David Potter, Jonathan Bowen, Eli Elmer,
Robert Ogden, Thomas Anderson and Robert Hoops, have been duly elected,
agreeably to the Resolution of the Legislature passed on the 29th
of October last.
To which Report the Convention agreed.
Elisha Lawrence, one of the Delegates from the County of Monmouth,
produced a Certificate of his being duly elected; which being read
& approved, he took his seat in Convention.
The Convention proceeded to the Choice
of a President, by Ballot, when the Honourable John Stevens, Esquire,
was elected.
The Convention then proceeded to the
Choice of a Secretary, also by Ballot, when Samuel Witham Stockton,
Esquire, was elected.
William Rogers was appointed Door keeper.
Mr. Brearley, Mr. Hardenbergh and Mr.
Neilson, were appointed a Committee to draw up & Report Rules
for the Government of this Convention during their Sitting.
The Convention adjourned till To-morrow morning ten OClock. |
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Minutes
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Thursday,
December 13, 1787.
The Convention met agreeably to adjournment
Present
as before.
On motion
Resolved, that the Rev. Mr. Armstrong
be requested to open the Business of the Convention every morning
during their sitting with Prayers.
The Committee appointed yesterday, to
form Rules for the Government of this Convention, made their Report;
which, being considered and amended, was agreed to as follows:
Rules for conducting Business in the
Convention of New Jersey
1. The Convention shall be opened every Morning with Prayers.
2. When the President assumes the Chair, the Members shall take their
Seats.
3. The Minutes of the preceeding Day shall be read, and, if necessary,
may be corrected.
4. Every Petition, Memorial, Letter, or other thing of the like kind,
read in the Convention, shall be deemed as lying on the Table for
further Consideration, unless any Special Order be moved thereon.
5. A motion made & Seconded, shall be repeated
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by
the President; a motion shall be reduced to Writing if the President
or any two Members require it; a motion may be withdrawn by the member
making it before any Decision is had thereon.
6. A motion of Postponement or Amendment shall always be in order,
& considered as the previous question.
7. If a Question under debate contains several Points, any Member
may have it divided.
8. No Member speaking shall be interrupted but by a call to order
by the President, or by a Member through the President.
9. No Member shall be referred to in Debate, by Name.
10. Every Member, when he chooses to speak, shall rise and address
the President; when two Members chance to rise at the same time, the
President shall name the Person who is to speak first.
11. Every Member shall conduct himself with Decency & Decorum.
The President himself, or by request, may call to order any member
who shall transgress the Rules; if the Disorder be continued or repeated,
the president may refer to him by Name; the Convention may then examine
& censure the member's conduct, he being allowed to extenuate
or justify himself.
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12.
Every member shall be in his place at the time the Convention stands
adjourned to, or within half an Hour thereafter.
13. No member shall speak more than once in a Debate, until every
member who chooses shall have spoken on the same.
14. The Yeas & Nays may be called and entered on the Minutes,
when any two members require it.
15. A motion to adjourn may be made at any time, and shall always
be in order, and the Question thereon shall be put without any Debate.
On motion
Resolved, that the Act of the Legislature
of this State, passed at Trenton, November 1, 1787, giving authority
for the People thereof, by their Delegates, to meet in Convention,
to deliberate upon, and if approved of by them, to ratify the Constitution
for the United States, proposed by the general Convention held at
Philadelphia, be read; whereupon the same was read by the Secretary.
On motion
Resolved, That the Constitution for
the United States of America, agreed to in Convention at Philadelphia,
September 17, 1787, be also read; whereupon the same was read accordingly.
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On
motion
Resolved, that the usual time of the
Meeting of the Convention, be at ten OClock in the morning, and of
Adjournment at three OClock in the Afternoon.
On motion
Resolved, that the Federal Constitution
be now read by sections, and, upon each Section's being read, every
member do make his observations on the same, if any he hath to make;
that, after debating on such Section, the question be taken, whether
any further debate be thereon had; and, if the said Question be determined
in the Negative, that the Convention do then proceed in like manner
to the next Section until the whole be gone through; upon which the
general Question shall be taken, Whether this Convention, in the Name
and in Behalf of the People of this State, do ratify & confirm
the said Constitution?
The Convention adjourned til To-morrow morning ten OClock.
Friday, December 14, 1787.
The Convention met - Present as before.
On motion
Ordered, that the Doors of this Convention be open during the sitting. |
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Minutes
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The
Convention, in Pursuance of their Resolution of Yesterday, proceeded
to consider & deliberate upon the proposed federal Constitution
by sections. The Convention adjourned till To-morrow morning ten OClock.
Saturday, December 15, 1787.
The Convention met - Present as before.
The Convention proceeded further to consider & deliberate upon
the before mentioned Constitution by sections.
The Convention adjourned to meet again on Monday morning next at ten
OClock.
Monday, December 17, 1787.
The Convention met - Present as before.
A Petition from Messrs Quequelle and Wilson, Printers in Trenton,
praying to be appointed by the Convention to print their Proceedings,
was presented and read.
The Convention proceeded further to consider & deliberate upon
the said Constitution by Sections; and having gone through the same,
on motion,
Resolved, that the said Constitution be again read to-morrow morning.
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The
Convention adjourned till to-morrow morning ten OClock.
Tuesday, December 18, 1787.
The Convention met - Present as before.
Agreeably to the Resolution of yesterday, the Federal Constitution
was again read, and, after debating thereon, the general Question,
viz, Whether this Convention, in the name and in Behalf of the People
of this State, do ratify & confirm the said Constitution, was
put; which was determined in the affirmative unanimously.
On motion
Resolved, That Mr. Brearley, Mr. Witherspoon,
Mr. Neilson, Mr. Beatty and Mr. Hunter be a Committee for drawing
up the Form of the Ratification of the proposed Constitution, on the
Part of this State.
On motion,
Resolved, That Mr. Bowen & Mr. Whillden
be a Committee for the Purpose of reporting a State of the Expences
attending the Business of this Convention.
The Convention adjourned to six OClock this Evening. |
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The
Convention met - Present as before.
Mr. Brearley, from the Committee appointed for drawing up the Form
of the Ratification, reported, that they had, agreeably to the order
of the Convention, drawn up a Form, which, being read & amended,
was agreed to as follows:
In Convention of the State of New Jersey.
Whereas a Convention of the Delegates from the following States, viz,
New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia,
met at Philadelphia, for the Purpose of deliberating on and forming
a Constitution for the United States of America, finished their session
on the seventeenth Day of September last, and reported to Congress
the Form which they had agreed upon, in the words following, viz.
We, the People of the United States,
in order to form a more perfect Union, establish Justice, ensure domestick
Tranquility, provide for the common Defence, promote the general Welfare,
and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain & establish this Constitution for the United States
of America. |
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Article
I.
Sect. 1. All legislative Powers herein granted shall be vested
in a Congress of the United States, which shall consist of a Senate
and House of Representatives.
Sect. 2. The House of Representatives shall be composed of members
chosen every second year by the People of the several States, and
the Electors in each State shall have the qualifications requisite
for Electors of the most numerous branch of the State Legislature.
No Person shall be a Representative
who shall not have attained to the Age of twenty five years, and been
seven years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall
be apportioned among the several States which may be included within
this Union, according to their respective numbers, which shall be
determined by adding to the whole Number of free Persons, including
those bound to Service for a Term of Years, and excluding Indians
not taxed, three-fifths of all other Persons. The actual Enumeration
shall be made within three Years after the first meeting of the Congress
of the United States, and within every subsequent |
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Term
of ten Years, in such manner as they shall by Law direct. The Number
of Representatives shall not exceed one, for every thirty thousand,
but each state shall have at least one Representative; and until such
Enumeration shall be made, the State of New Hampshire shall be entitled
to choose three, Massachusetts eight, Rhode Island and Providence
Plantations, one, Connecticut five, New York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation
from any State, the Executive Authority thereof shall issue Writs
of Election to fill such vacancies.
The House of Representatives shall choose
their Speaker & other Officers; and shall have the sole power
of Impeachment.
Sect. 3. The Senate of the United States shall be composed of
two Senators from each State, chosen by the Legislature thereof, for
six Years; and each Senator shall have one vote.
Immediately after they shall be assembled in Consequence of the first
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three Classes. The Seats of the Senators of the first Class shall
be vacated at the Expiration of the second Year, of the second Class
at the Expiration of the fourth Year, and of the third Class at the
Expiration of the sixth Year, so that one third may be chosen every
second year; and if vacancies happen by Resignation, or otherwise,
during the Recess of the Legislature of any State, the Executive thereof
may make temporary Appointments until the next meeting of the Legislature,
which shall then fill such vacancies.
No Person shall be a Senator who shall
not have attained to the Age of thirty years, and been nine years
a Citizen of the United States, and who shall not, when elected, be
an Inhabitant of that State for which he shall be chosen.
The Vice-President of the United States
shall be President of the Senate, but shall have no Vote, unless they
be equally divided.
The Senate shall choose their other
officers, and also a President pro-tempore, in the absence of the
Vice President, or when he shall exercise the office of President
of the United States. |
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The
Senate shall have the sole Power to try all Impeachments. When sitting
for that Purpose they shall be on Oath or Affirmation. When the President
of the United States is tried, the Chief Justice shall preside: And
no Person shall be convicted without the Concurrence of two thirds
of the Members present.
Judgment in cases of Impeachment shall
not extend further than to removal from office and Disqualification
to hold & enjoy any office of Honour, Trust or Profit under the
United States; but the Party convicted shall, nevertheless be liable
& subject to Indictment, Trial, Judgment and Punishment, according
to Law.
Sect. 4. The Times, Places & manner of holding Elections for Senators
& Representatives; shall be prescribed in each state by the Legislature
thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of choosing Senators.
The Congress shall assemble at least
once in every year, and such Meeting shall be on the first Monday
in December, unless they shall by Law appoint a different day.
Sect. 5. Each House shall be the Judge of the Elections, Returns and
Qualifications of
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its
own members, and a Majority of each shall constitute a Quorum to do
Business; but a smaller Number may adjourn from Day to Day, and may
be authorized to compel the attendance of absent Members, in such
manner, & under such Penalties as each House may provide.
Each House may determine the Rules of
its Proceedings, punish its Members for disorderly Behaviour, and,
with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its
Proceedings, and from time to time publish the same, excepting such
parts as may in their Judgment require Secrecy; and the Yeas &
Nays of the Members of either House on any Question shall, at the
Desire of one fifth of those present, be entered on the Journal.
Neither House, during the Session of
Congress, shall, without the Consent of the other, adjourn for more
than three Days, nor to any other Place than that in which the two
Houses shall be sitting.
Sect. 6. The Senators & Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid out of the
Treasury of the United States. They shall, in all Cases, except Treason,
Felony and Breach of the Peace, be priviledged
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from
Arrest during their attendance at the Session of their respective
Houses, and in going to and returning from the same; and for any speech
or Debate in either House, they shall not be questioned in any other
place.
No Senator or Representative shall,
during the time for which he was elected, be appointed to any civil
Office under the Authority of the United States, which shall have
been created, or the Emoluments whereof shall have been increased
during such time; and no Person holding any Office under the United
States, shall be a member of either House during his continuance in
office.
Sect. 7. All Bills for raising Revenue shall originate in the House
of Representatives; but the Senate may propose or concur with amendments
as on other Bills.
Every Bill which shall have passed the
House of Representatives and the Senate, shall, before, it become
a Law, be presented to the President of the United States; if he approve
he shall sign it, but if not he shall return it, with his Objections
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who
shall enter the objections at large on their Journal, and proceed
to reconsider it. If after such Reconsideration two thirds of that
House shall agree to pass the Bill, it shall be sent, together with
the Objections, to the other House, by which it shall likewise be
reconsidered, and, if approved by two thirds of that House, it shall
become a Law. But in all such Cases the Votes of both Houses shall
be determined by Yeas & Nays and the Names of the Persons voting
for and against the Bill shall be entered on the Journal of each House
respectively. If any Bill shall not be returned by the President within
ten Days (Sundays excepted) after it shall have been presented to
him, the same shall be a Law, in like manner as if he had signed it,
unless the Congress by their Adjournment prevent its Return, in which
Case it shall not be a Law.
Every Order, Resolution or Vote, to
which the Concurrence of the Senate and House of Representatives may
be necessary (except on a question of Adjournment) shall be presented
to the President of the United States; and, before the same shall
take Effect, shall be approved by him, or, being disapproved by him,
shall be re-passed by |
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two
Tthirds of the Senate and House of Representatives, according to the
Rules & Limitations prescribed in the Case of a Bill.
Sect. 8. The Congress shall have Power
To lay & collect Taxes, Duties, Imports and Excises, to pay the
Debts & provide for the common Defence and general Welfare of
the United States; but all Duties, Imports and Excises, shall be uniform
throughout the United States.
To borrow money on the Credit of the United States;
To regulate Commerce with foreign Nations, and among the several States,
and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on
the Subject of Bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign Coin, and
fix the Standard of Weights & Measures;
To provide for the Punishment of counterfeiting the securities &
current coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science & useful Arts, by securing,
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Authors and Inventors, the exclusive Right to their respective Writings
and Discoveries;
To constitute Tribunals inferior to the Supreme Court;
To define and punish Piracies & Felonies committed on the high
Seas, and offences against the Law of Nations;
To declare War grant Letters of Marque & Reprisal, and make Rules
concerning Captures on Land & Water;
To raise & support Armies - but no Appropriations of money, to
that use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make rules for the Government & Regulation of the Land &
Naval Forces;
To provide for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections & repel Invasions;
To provide for Organizing, Arming & Disciplining, the Militia,
and for governing such Part of them as may be employed in the Service
of the United States, reserving to the States respectively the Appointment
of the Officers, and the Authority of training the Militia according
to the Discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases |
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whatsoever,
over such District (not exceeding ten Miles square) as may, by cession
of particular States, and the Acceptance of Congress, become the Seat
of the Government of the United States, and to exercise like authority
over all Places purchased by the Consent of the Legislature of the
State in which the same shall be, for the Erection of Forts, Magazines,
Arsenels, Dock-Yards and other needful Buildings; - and
To make all Laws which shall be necessary & proper for carrying
in Execution the foregoing Powers; and all other Powers vested by
this Constitution in the Government of the United States, or in any
Department or officer thereof.
Sect. 9. The Migration or Importation of such Persons as any of the
States now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the Year one thousand eight hundred &
eight, but a Tax or Duty may be imposed on such Importation, not exceeding
ten Dollars for each Person. The Privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it. |
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No
Bill of Attainder, or ex post facto Law, shall be passed.
No Capitation, or other direct, Tax, shall be laid unless in proportion
to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue
to the Ports of one State over those of another: Nor shall vessels
bound to, or from, one State, be obliged to enter, clear, or pay Duties
in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations
made by Law; and a regular Statement & account of the Receipts
& Expenditures of all public money shall be published from time
to time.
No Title of Nobility shall be granted
by the United States: - and no Person holding any Office of Profit
or Trust under them, shall, without the Consent of the Congress, accept
any Present, Emolument, office or Title, of any kind whatever, from
any King, Prince, or foreign State.
Sect. 10. No State shall enter into any Treaty, Alliance, or Confederation;
grant Letters of Marque & Reprisal; coin money; emit Bills of
Credit; make any thing but |
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Gold
& Silver Coin a Tender in Payment of Debts; pass any Bill of attainder,
ex post facto Law, or Law impairing the obligation of Contracts, or
grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts
or Duties on Imports or Exports, except what may be absolutely necessary
for executing its Inspection Laws; and the net Produce of all Duties
& Imposts, laid by any State on Imports or Exports, shall be for
the Use of the Treasury of the United States; and all such Laws shall
be subject to the Revision and Control of the Congress: No State shall,
without the Consent of Congress, lay any Duty of Tonnage, keep Troops,
or Ships of War, in Time of Peace, enter into any Agreement or Compact
with another State, or with a foreign Power, or engage in War unless
actually invaded, or in such imminent Danger as will not admit of
Delay.
Article
II.
Sect. 1. The Executive Power shall be vested in a President of the
United States of America. He shall hold his office during the Term
of four years, and, together with the Vice-President, chosen for the
same Term, be elected as follows: |
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Each
State shall appoint, in such manner as the Legislature thereof may
direct, a Number of Electors, equal to the whole Number of Senators
and Representatives to which the State may be intitled in the Congress;
but no Senator or Representative, or Person holding an office of Trust
or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective
States, and vote by Ballot for two Persons, of whom one at least shall
not be an Inhabitant of the same State with themselves. And they shall
make a List of all the Persons voted for, and of the Number of Votes
for each; which List they shall sign & certify, and transmit sealed
to the seat of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the
presence of the Senate and House of Representatives, open all Certificates,
and the votes shall then be counted. The Person having the greatest
Number of Votes shall be the President, if such Number be a majority
of the whole Number of Electors appointed; and if there be more than
one who have such Majority, and have an equal number |
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| 28. |
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of
Votes, then the House of Representatives shall immediately choose
by Ballot one of them for President; and if no Person have a Majority,
then from the five highest on the List the said House shall in like
manner choose the President. But in choosing the President, the votes
shall be taken by States, the Representation from each State having
one Vote; a Quorum for this Purpose shall consist of a Member or Members
from two-thirds of the States, and a Majority of all the States shall
be necessary to a Choice. In every Case, after the choice of the President,
the Person having the greatest Number of Votes of the Electors shall
be the Vice-President. But if there should remain two or more who
have equal votes, the Senate shall choose from them by Ballot the
Vice-President.
The Congress may determine the time
of choosing the Electors, and the Day on which they shall give their
votes; which Day shall be the same throughout the United States.
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Citizen,
or a Citizen of the United States at the Time of the adoption of this
Constitution, shall be eligible to the Office of President; neither
shall any Person be eligible to that Office who shall not have attained
to the Age of thirty five Years, and been fourteen Years a Resident
within the United States.
In Case of the Removal of the President
from Office, or of his Death, Resignation or Inability to discharge
the Powers & Duties of the said office, the same shall devolve
on the Vice-President, and the Congress may by Law provide for the
Case of Removal, Death, Resignation or Inability, both of the President
& Vice President, declaring what Officer shall then act as President,
and such Officer shall act accordingly, until the Disability be removed,
or a President shall be elected.
The President shall, at stated times,
receive for his services, a Compensation, which shall neither be encreased
nor diminished during the Period for which he shall have been elected,
and he shall not receive within that Period any other Emolument from
the United States, or any of them. |
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| 30. |
Minutes
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of
the State of New Jersey |
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Before
he enter on the Execution of his Office, he shall take the following
Oath or Affirmation:
I do solemnly swear (or affirm) that
I will faithfully execute the Office of President of the United States,
and will, to the best of my Ability, preserve, protect & defend
the Constitution of the United States.
Sect. 2. The President shall be Commander in Chief of the Army and
Navy of the United States, and of the Militia of the several States,
when called into the actual service of the United States; he may require
the Opinion, in writing, of the Principal Officer in each of the executive
Departments, upon any subject relating to the Duties of their respective
Offices; and he shall have Power to grant Reprieves & Pardons
for Offences against the United States, except in Cases of Impeachment.
He shall have power by & with the
advice & consent of the Senate, to make Treaties, provided two
thirds of the Senators present concur; and he shall nominate, and
by with the advice and Consent of the Senate, shall appoint Ambassadors,
other public ministers and Consuls, Judges of |
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the
Supreme Court, and all other Officers of the United States, whose
appointments are not herein otherwise provided for, and which shall
be established by Law. But the Congress may by Law vest the Appointment
of such Inferior Officers, as they think proper, in the President
alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill
up all Vacancies that may happen during the Recess of the Senate,
by granting Commissions which shall expire at the End of their next
Session.
Sect. 3. He shall from time to time give to the Congress Information
of the State of the Union, and recommend to their Consideration such
measures as he shall judge necessary & expedient; he may, on extraordinary
occasions, convene both Houses, or either of them and in case of Disagreement
between them, with respect to the time of Adjournment, he may adjourn
them to such time as he shall think proper; he shall receive Ambassadors
and other public Ministers; he shall take care that the Laws be |
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| 32. |
Minutes
of the Convention |
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of
the State of New Jersey |
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faithfully
executed, and shall commission all the officers of the United States.
Sect. 4. The President, Vice-President, and all civil officers of
the United States, shall be removed from office on Impeachment for,
and Conviction of, Treason, Bribery or other high Crimes & Misdemeanors.
Article
III.
Sect. 1. The Judicial Power of the United States shall be vested in
one Supreme Court, and in such Inferior Courts as the Congress may
from time to time ordain and establish. The Judges, both of the Supreme
and Inferior Courts, shall hold their Offices during good Behaviour,
and shall, at stated times, receive for their Services a Compensation,
which shall not be diminished during their continuance in office.
Sect. 2. The Judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;
to all Cases affecting Ambassadors, other public Ministers and Consuls;
to all Cases of Admiralty and maritime Jurisdiction; to controversies
to which the |
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United
States shall be a Party; to Controversies between two or more States,
between a State and Citizens of another State, between Citizens of
different States, between Citizens of the same State claiming Lands
under Grants of different States, and between a State or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors,
other public Ministers & Consuls, and those in which a State shall
be a Party, the Supreme Court shall have original Jurisdiction. In
all the other Cases before mentioned, the Supreme Court shall have
apellate Jurisdiction, both as to Law and Fact, with such exceptions,
and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases
of Impeachment, shall be by Jury; and such Trial shall be held in
the State where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such Place or
Places as the Congress may by Law have directed.
Sect. 3. Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies, |
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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.
The Congress shall have Power to declare
the Punishment of Treason, but no attainder of Treason shall work
Corruption of Blood, or Forfeiture except during the Life of the Person
attainted.
Article
IV.
Sect. 1. Full Faith and Credit shall be given in each State to the
public Acts, Records & Judicial Proceedings of every other State.
And the Congress may by general Laws prescribe the manner in which
such Acts, Records, and Proceedings shall be proved, and the Effect
thereof.
Sect. 2. The Citizens of each State shall be entitled to all Priviledges
and Immunities of Citizens in the several States.
A Person charged in any State with Treason,
Felony or other Crime, who shall flee from Justice, and be found in
another State, shall, on Demand of the |
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executive authority of the State from which he fled, be delivered
up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour
in one State, under the Laws thereof, escaping into another, shall,
in Consequence of any Law or Regulation therein, be discharged from
such Service or Labour, but shall be delivered up on Claim of the
Party to whom such Service or Labour may be due.
Sect. 3. New States may be admitted by the Congress into this Union;
but no new State shall be formed or erected within the Jurisdiction
of any other State; nor any State be formed by the junction of two
or more States, without the Consent of the Legislatures of the States
concerned as well as of the Congress.
The Congress shall have power to dispose
of and make all needful Rules & Regulations respecting the Territory
or other Property belonging to the United States; and nothing in this
Constitution shall be so construed as to prejudice any Claims of the
United States or of any particular state. |
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of
the State of New Jersey |
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Sect.
4. The United States shall guarantee to every State in this Union
a Republican form of Government, and shall protect each of them against
Invasions; and on Application of the Legislature, or of the Executive
(when the Legislature cannot be convened) against domestick Violence.
Article
V.
The Congress, whenever two thirds of both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application
of the Legislatures of two thirds of the several States, shall call
a convention for proposing Amendments, which, in either Case, shall
be valid, to all Intents and Purposes, as part of this Constitution,
when ratifyed by the Legislatures of three fourths of the several
States, or by Conventions in three fourths thereof, as the one or
the other mode of Ratification may be proposed by the Congress: Provided,
that no Amendment, which may be made prior to the Year one thousand
eight hundred and eight, shall in any manner affect the first &
fourth Clauses in the ninth Section of the first |
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Article;
and that no State, without its Consent, shall be deprived of its equal
suffrage in the Senate.
Article
VI.
All Debts contracted and Engagements entered into, before the Adoption
of this Constitution, shall be as valid against the United States
under this Constitution, as under the Confederation.
This Constitution, and the laws of the United
States which shall be made in pursuance thereof; and all Treaties
made, or which shall be made under the Authority of the United States;
shall be the Supreme Law of the Land: and the Judges in every State
shall be bound thereby, any thing in the Constitution or Laws of any
State to the contrary notwithstanding.
The Senators and Representatives before
mentioned, and the members of the several State Legislatures, and
all executive & Judicial Officers, both of the United States and
of the several States, shall be bound by Oath or Affirmation to support
this Constitution; but no religious Test shall ever be required as
a Qualification to any Office or public Trust under the United States. |
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| 38. |
Minutes
of the Convention |
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of
the State of New Jersey |
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Article
VII.
The Ratification of the Conventions of nine States shall be sufficient
for the Establishment of this Constitution between the States so ratifying
the same.
And Whereas Congress on the twenty eighth
Day of September last, unanimously did resolve, "That the said
Report, with the Resolutions & Letters accompanying the same,
be transmitted to the several Legislatures, in order to be submitted
to a Convention of Delegates, chosen in each State by the People thereof,
in Conformity to the Resolves of the Convention, made and provided
in that case.
And Whereas the Legislature of this
State did, on the twenty ninth Day of October last, Resolve in the
words following, viz.
Resolved unanimously, That it be recommended
to such of the Inhabitants of this State as are intitled to vote for
Representatives in general Assembly, to meet in their respective Counties
on the fourth Tuesday in November next, at the several places fixed
by Law for |
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holding
the annual Elections, to choose three suitable Persons to serve as
Delegates from each County in a State Convention, for the Purposes
herein before mentioned; and that the same be conducted agreeably
to the mode, and conformably with the Rules and Regulations, prescribed
for conducting such Elections.
Resolved unanimously, That the Person
so elected, to serve in State Convention, do assemble and meet together
on the second Tuesday in December next, at Trenton, in the County
of Hunterdon, then & there to take in to consideration the aforeseaid
Constitution; and if approved of by them, finally to ratify the same
in Behalf and on the Part of this State; and make Report thereof to
the United States in Congress assembled, in conformity with the Resolutions
thereto annexed.
Resolved that the Sheriffs of the respective
Counties of this State shall be, and they are hereby required to give
as timely notice as may be, by Advertisements to the People of their
Counties, of the Time, Place and Purpose of holding Elections as aforesaid. |
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| 40. |
Minutes
of the Convention
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of
the State of New Jersey |
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And
Whereas the Legislature of the State did also, on the first Day of
November last, make and pass the following act, viz.
An Act to authorize the People of this
State to meet in Convention, deliberate upon, agree to, and ratify
the Constitution of the United States, proposed by the late general
Convention.
Be it enacted by the Council and general
Assembly of this State, and it is hereby enacted by the Authority
of the same, that it shall and may be lawful for the People thereof,
by their Delegates, to meet in Convention, to deliberate upon, and,
if approved of by them, to ratify the Constitution for the United
States, proposed by the general Convention, held at Philadelphia,
and every Act, matter and Clause therein contained, conformably to
the Resolutions of the Legislature, passed the twenty ninth Day of
October, seventeen hundred and eighty seven, any Law, Usage, or Custom
to the contrary in any wise notwithstanding.
Now Be it known, That we, the Delegates
of the State of New Jersey, chosen by the People thereof, for the
Purposes thereof, having maturely deliberated on and considered the
aforesaid proposed Constitution, do hereby, for and on Behalf of the
People of the said State of |
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New
Jersey, agree to, ratify and confirm the same, and every Part thereof.
Done in Convention, by the Unanimous
Consent of the Members present, this eighteenth Day of December, in
the Year of our Lord one thousand seven hundred & eighty seven,
and of the Independence of the United States of America the twelfth.
In Witness we have hereunto subscribed our Names.
On Motion,
Resolved, That the Secretary be directed to cause two Copies of the
Federal Constitution, together with the Form of the Ratification,
&c, as agreed to, engrossed on Parchment, in a neat and correct
manner, to be laid before the Convention To-morrow morning, for the
Purpose of Signature; one for the Congress of the United States, and
the other to be deposited among the Archives of this State.
The Convention adjourned till to-morrow
Morning ten OClock.
Wednesday, December 19, 1787.
The Convention met - Present as before.
Mr. Whillden, from the Committee appointed for the purpose of reporting
a State of the Expences &c made their Report; which was ordered
to lie on the Table for Consideration.
The Secretary agreeably to the order of |
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| 42. |
Minutes
of the Convention
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of
the State of New Jersey |
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Yesterday,
laid before the Convention two Copies of the Federal Constitution,
&c together with the Form of the Ratification
as agreed to, engrossed on Parchment, for the Purpose of Signature;
whereupon the Members of Convention proceeded to subscribe their Names
thereto, and the Secretary to attest the same, in the following order:
| John
Stevens, President,
And Deputy from Hunterdon. |
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Bergen
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John
Fell
Peter Zabriskie
Cornelius Hennion |
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Essex
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John
Chetwood
Samuel Hay
David Crane |
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Middlesex
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John
Neilson
John Beatty
Benjamin Manning |
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Monmouth
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Elisha
Lawrence
Samuel Breese
William Crawford |
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Somerset
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John
Witherspoon
Jacob R. Hardenbergh
Frederick Frelinghuysen |
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Burlington
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Thomas
Reynolds
George Anderson
Joshua M. Wallace |
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Gloucester
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Richard
Howell
Andrew Hunter
Benjamin Whitall |
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| Salem |
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Whitten
Cripps
Edmund Wetherby |
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Cape-May
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Jesse
Hand
Jeremiah Eldredge
Matthew Whillden |
| Hunterdon |
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David
Brearley
Joshua Corshon |
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Morris
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William
Windes
William Woodhull
John J. Faesch |
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Cumberland
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David
Potter
Jonathan Bowen
Eli Elmer |
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Sussex
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Robert
Ogden
Thomas Anderson
Robert Hoops |
Attest,
Samuel W. Stockton, Secretary.
Resolved, That the Convention go in Procession to the Courthouse this
Day at one OClock, and that the Secretary be directed to read the
Ratification of the Constitition in the Hearing of the People, which
was done accordingly.
Resolved, That the Ratification of the Federal Constitution as agreed
to, and signed by this Convention, be delivered by the President of
this Convention to the President of Congress in Congress assembled.
The Convention adjourned to six oClock
this Evening. |
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| 44. |
Minutes
of the Convention
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of
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The
Convention met - Present as before.
Resolved,That the Secretary be directed to deliver the Duplicate of
the Ratification of the Federal Constitution to the Governor of this
State, for the Purpose of being lodged among the Archives of the State.
Resolved, That Mr. Brearley and Mr. G. Anderson be a Committee to
revise and correct the minutes of the Convention.
Resolved, That the Secretary transcribe the minutes of this Convention,
and deliver the same to the Speaker of the Assembly; that he also
make a Copy to be delivered to the Printer of the State for Publication;
and that seven hundred and fifty Copies of the said Minutes be printed,
and delivered to the members of the Convention, to be by them distributed
among those Persons who are intitled to receive the Votes and Acts
of the Legislature of this State.
The Convention adjourned till To-morrow morning ten oClock.
Thursday, December 20, 1787.
The Convention met - Present as before.
On Motion
Resolved unanimously, That it is the |
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Opinion
of this Convention, that the State of New Jersey should offer a Cession
to Congress of a District, not exceeding ten Miles square, for the
Seat of the Government of the United States, over which they may exercise
exclusive Legislation.
The Report of the Committee appointed
for the Purpose of reporting a State of the Expences, &c being
again read and amended, was agreed to as follows:
That the State of New Jersey is indebted
to the several Persons herein named as follows, viz.
To Samuel Witham Stockton, Esquire,
Secretary to the Convention, the sum of fourteen shillings per Day,
for each day, ~ ~ he shall have attended, during the sitting of the
Convention, and the sum of four pence per sheet, reckoning ninety
words to the sheet, for entering the minutes of the Proceedings of
the Convention fair in the Journals, and at a like Rate for a Copy
thereof for the Printer: and that he produce a Certificate thererof,
signed by the President of the Convention, to the Legislature at their
next sitting, for Allowance.
To Ditto, for Parchment and other Stationary,
the sum of three Pounds twelve shillings.
To Ditto, for Cash paid to Clerks for
making two fair copies of the Federal Constitution, with the Act &
Resolution of the Legislature, &c, and the Ratification of the
said |
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Constitution,
at six Dollars each, the sum of four pounds ten shillings.
To Francis Witt, for the Use of a Room
and for fire wood during the sitting of the Convention, the sum of
four pounds two shillings.
To William Rogers for his attendance
as Door keeper to the Convention, the sum of two pounds ten shillings.
Matthew
Whillen.
On Motion,
Resolved unanimously, That the Thanks
of this Convention be presented to the President for his able and
faithful Discharge of the Duties of the Chair.
On Motion,
Resolved unanimously, That the President be requested to present the
Thanks of this Convention to the Rev. Mr. Armstrong, for his attendance
and services during their sitting.
On Motion
Resolved, That this Convention do now
dissolve; whereupon the President dissolved the Convention accordingly. |
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