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In Convention of the State of New Jersey. Whereas
a Convention of Delegates from the following States, vizt
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,
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We, the People of the United
States, in order to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide for the common Defence,
promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this Constitution
for the United States of America. |
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Article I.
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| 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. |
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| 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 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 intitled to chuse 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 chuse their Speaker
and other Officers; and shall have the sole Power of impeachment. |
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| 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 election, they shall be divided
as equally as may be into 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 chuse 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.
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
and subject to indictment, trial, judgment and punishment, according
to Law. |
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| Sect. 4. The
times, places, and manner of holding elections for Senators and 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 chusing 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. |
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| Sect. 5. Each
House shall be the judge of the Elections, returns & qualifications
of 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 authorised to compel the Attendance of absent Members,
in such manner, and 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 and 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. |
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| Sect. 6. The
Senators and 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
& breach of the peace, be privileged 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. |
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| 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 |
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| Objections,
to that House in which it shall have originated, 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 and 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 & 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 repassed
by two-thirds of the senate & house of representatives according
to the Rules and limitations prescribed in the Case of a Bill. |
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8. The Congress shall have power, To lay & collect taxes, duties,
imposts & excises, to pay the Debts & provide for the common
Defence and general welfare of the United States; but all duties,
imposts & 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 an 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 and current coin of the United States;
To establish post offices and post roads; To promote the progress
of Science & useful Arts, by securing for limited Times to authors
& inventors the exclusive right to their respective writings and
discoveries; To constitute tribunals inferior to the Supreme Court;
To define & punish piracies & felonies committed on the high
Seas & 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 appropriation
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 and
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 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, Arsenals,
dock-yards, and other needful buildings;— And, To make
all Laws which shall be necessary & proper for carrying into 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. 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 of any present, emolument, office,
or title, of any kind what-ever, from any King, Prince, or foreign
State. |
| Sect.
10. No State shall enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money; emit bills of credit;
make any thing but 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 neat 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 & controul 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
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| 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. Each State shall appoint, in such manner
as the legislature thereof may direct, a number of electors, equal
to the whole number of Senators & representatives to which the
State may be entitled 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 & house of representatives, open all the
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
of votes, then the house of representatives shall immediately chuse
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 chuse the president. But in chusing 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 chuse from them by ballot the Vice-president.
The Congress may determine the time of chusing the electors, and the
Day on which they shall give their votes; which day shall be the same
throughout the United States. No person except a natural born 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 sd 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 increased nor diminished during the period
for which he shall have have been elected, and he shall not receive
within that period any other emolument from the United States, or
any of them. 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 & 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 and pardons for
offences against |
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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
& by and with the Advice and Consent of the Senate, shall appoint
ambassadors, other public Ministers & consuls, judges of 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. |
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3. He shall from time to time give to the Congress information of
the State of the Union, & recommend to their consideration such
measures as he shall judge necessary and 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 & other public Ministers; he shall take care
that the Laws be 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, & conviction
of, treason, bribery, or other high crimes and misdemeanors. |
Article III.
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| 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 & establish. The judges, both of the Supreme
& inferior Courts, shall hold their offices during good behaviour,
& 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 & 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 & consuls;
to all cases of admiralty & maritime jurisdiction; to controversies
to which the United States shall be a party; to controversies between
two or more States, between a State & 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 & foreign States, citizens or
Subjects. In all cases affecting ambassadors, other public ministers
& consuls and those in which a State shall be party, the Supreme
Court shall have original jurisdiction. In All the other Cases before
mentioned, the Supreme Court shall have appellate jurisdiction, both
as to law & 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 sd 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, giving them Aid
& 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.
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| Sect.
1. Full faith & 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 & proceedings shall be proved, & the effect
thereof. |
| Sect.
2. The Citizens of each State shall be intitled to all priviledges
& 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 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, or parts of 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 & 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. |
| 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
invasion; and on application of the legislature, or of the executive
(when the legislature cannot be convened) against domestic violence. |
Article V.
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| 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 & purposes, as part of this constitution,
when ratified 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 & eight shall in any manner affect the first &
fourth clauses in the ninth section of the first article; & that
no State, without its consent, shall be deprived of its equal suffrage
in the Senate. |
Article VI.
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| All
Debts contracted & 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
& 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 & representatives before mentioned, and the Members
of the several State legislatures & 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. |
Article VII.
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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 & letter 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
vizt "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 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 & Regulations
prescribed for conducting such elections. |
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Resolved
unanimously, that the persons so elected to serve in State Convention,
do assemble & meet together on the second tuesday in December
next, at Trenton in the County of Hunterdon, then & there to take
into consideration the afd 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."
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| 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.” |
And
whereas the legislature of this State did also on the first Day of
November last make and pass the following Act, vizt “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 & general assembly of this State, and it is hereby
enacted by the Authority of the same, that it shall & may be lawful
for the people thereof, by their Delegates, to meet in convention,
to deliberate upon, &, if approved of by them, to ratify the Constitution
for the United States, proposed by the general Convention, held at
Philadelphia, & every Act, matter & clause therein contained,
conformably to the resolutions of the Legislature, passed the twenty-ninth
Day of October seventeen hundred & eighty seven, any Law usuage
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 aforesaid, having maturely deliberated on, and considered
the aforesaid proposed Constitution, DO hereby for and on the Behalf
of the People of the said State of New Jersey agree to, ratify &
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 whereof we have hereunto subscribed our Names.
Note
Before the Signing hereof, the words, “and among the Several
States” between the eighth & ninth Lines on the second Sheet;
also the word “have” on the first Line of the third Sheet;
also the words “advice and” between the first & second
Lines of the same Sheet, and the word “except" between
the eleventh & twelfth Lines of the third Article, were first
interlined. |
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John
Stevens President
and
Delegate from the County of Hunterdon |
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| County
of Bergen |
John
Fell
Peter Zabriskie
Cornelius Hennion |
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County
of Cape May |
Jesse
Hand
Jeremiah Eldredge
Matthew Whilldin |
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| Essex. |
John Chetwood
Samuel Hay
David Crane |
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Hunterdon. |
David
Brearley
Joshua Corshon |
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| Middlesex. |
John Neilson
John Beatty
Benjamin Manning |
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Morris. |
William
Winder
William Woodhull
John Jacob Faesch |
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| Monmouth. |
Elisha Lawrence
Samuel Breese
William Crawford |
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Cumberland. |
Dav.d
Potter
Jonathan Bowen
Eli Elmer |
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| Somerset. |
Jno Witherspoon
Jacob R. Hardenbergh
Theo: Frelinghuysen |
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Sussex. |
Robert
Ogden
Thoms Anderson
Robt Hoops |
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| Burlington. |
Thomas Reynolds
Geo. Anderson
Joshua M. Wallace |
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| Gloucester. |
Rd
Howell
Andw Hunter
Benjamin Whitall |
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| Salem. |
Whitten Cripps
Edmund Wetherby |
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Attest Saml W. Stockton, Secy
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