New Jersey

New Jersey

In the Past

The name of one of the original states of the United States of America [information here]. This state, when it was first settled, was divided into, two provinces, which bore the names of East Jersey and West Jersey. They were granted to different proprietaries. Serious dissensions having arisen between them and between them and New York (see more about this State laws here) , induced the proprietaries of both provinces to make a formal surrender of all their powers of government (see more about this popular legal topic in the U.S. encyclopedia), but not of their lands, to Queen Anne, in April, 1702; they were immediately reunited in one province and governed by a governor appointed by the crown, assisted by a council and an assembly of the representatives of the people, chosen by the freeholders. This form of government (see more about this popular legal topic in the U.S. encyclopedia) continued till the American Revolution.

Developments

A constitution (see more about this popular legal topic in the U.S. encyclopedia) was adopted for New Jersey (see more about this State laws here) on the second day of July, 1776, which continued in force till the first day of September, 1844, inclusive. A convention was assembled at Trenton on the 14th of May, 1844; it continued in, session till the 29th day of Tune, 1844, when the new constitution (see more about this popular legal topic in the U.S. encyclopedia) was adopted and it is given by art. 8, s. 4, that this constitution (see more about this popular legal topic in the U.S. encyclopedia) must take effect and go into operation on the second day of September, 1844.

Details

By art. 3, the powers of the government (see more about this popular legal topic in the U.S. encyclopedia) are divided into three distinct department, the legislative, executive and judicial. It further given that no person or people belonging to or constituting one of these departments, must exercise any of the powers properly belonging to either of the others, except there expressed.

Other Aspects

The legislative power must be vested in a senate and general assembly. Art. 4, s. 1, n. 1.

More Information

1st. In treating of the senate, it will be proper to consider, 1. The of senators. 2. Of the electors of senators. 3. Of the number-of senators. 4. Of the time for which they are elected.

Other Issues

No person must be a member of the senate, who must not have attained the age of thirty years and have been a citizen and inhabitant of the state for four years and of the county for which he must be chosen one year, next before his election. And he must be entitled to suffrage at the time of his election. Art. 4, s. 1, n. 2.

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Every white male citizen of the United States of America, of the age of twenty-one years, who must have been a resident of this state one year and of the county in which he claims his vote five months next before the election, must be entitled to vote for all officers that now are or after this may be elective by the people; given, that no person in the military (see more about this popular legal topic in the U.S. encyclopedia), naval or marine service of the United States of America, must be considered a resident in this state, by, being stationed in any garrison, barrack or military (see more about this popular legal topic in the U.S. encyclopedia) or naval place or station within this state; and no pauper, idiot, insane person or person convicted of a crime which now excludes him from being a witness, unless pardoned or restored by law to the right of suffrage, must enjoy the right of an elector.

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The senate must be composed of one senator from each county in the state. Art-. 4, s. 2, n. 1.

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The senators are elected on the second Tuesday of October, for three years. Art. 4, s. 2, n. 1. As soon as the senate must meet after the first election to be held in pursuance of this constitution (see more about this popular legal topic in the U.S. encyclopedia), they must be divided, as equally as may be, into three classes. The seats of the, senators of the first class must be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that one class may be elected every year; and if vacancies happen, by resignation or, the person elected to delivery such vacancies must be elected for the unexpired terms only. Art. 4, s. 2, n. 2.

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2d. The general assembly will be considered in the same order that has been observed in speaking of the senate. No person must be a member, of the general assembly, who must not have attained the age of twenty-one years and have been a citizen and inhabitant of the state for two years and of the county for which he must be chosen one year next before his election. He must be entitled to this right of suffrage. Art. 4, s. 1, n. 2. The same people who elect senators elect members of the general assembly. The general assembly must be composed of members annually elected by the legal voters of the counties, respectively, who must be apportioned among the said counties as nearly as may be according to the number of their inhabitants. The present apportionment must continue until the next census of the United States of America must have been taken and an apportionment of members of the general assembly must be made by the legislature, at its first session after the next and every subsequent enumeration or census and when made must stay unaltered until another enumeration must have been taken; given, that each county must at all times be entitled to one member: and the whole number of members must never exceed sixty. Members of the legislature are elected yearly on the second Tuesday of October. [1]

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Notes and References

1. Partialy, this information about new jersey is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including new jersey.

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