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Great-Britain, and of the acts of the Legislature of the coJony of New-York, as together did form the law of the faid colony on the 19th day of April, in the year of our Lord one thoufand feven hundred and feventy-five, fhall be and continue the law of this ftate, fubject to fuch alterations and provifions, as the Legislature of this ftate fhall, from time to time, make concerning the fame. That fuch of the faid acts, as are temporary, fhall expire at the times limited for their duration refpectively. That all fuch parts of the faid common law, and all fuch of the faid ftatutes, and acts aforefaid, or parts thereof, as may be conftrued to establish or maintain any particular denomination of Chriftians or their minifters, or concern the allegiance heretofore yielded to, and the fupremacy, fovereignty, government or prerogatives, claimed or exercifed by the king of Great-Britain and his predeceffors, over the colony of New-York, and its inhabitants, or are repugnant to this conftitution-be, and they hereby are, abrogated and rejected. And this Convention doth further ordain, that the refolves or refolutions of the Congreffes of the colony of New-York, and of the Convention of the ftate of New-York, now in force, and not repugnant to the government, eftablished by this conftitution, fhall be confidered as making part of the laws of this state fubject, neverthelefs, to fuch alterations and provifions, as the Legislature of this ftate may, from time to time, make concerning the fame.

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XXXVI. And be it further ordained, that all grants of Jands within this state, made by the king of Great-Britain, or perfons acting under his authority, after the fourteenth day of October, one thousand feven hundred and feventy-five, fhall be null and void: but that nothing, in this conftitution contained, fhall be conftrued to affect any grants of land, within this ftate, made by the authority of the faid king or his predeceffors, or to annul any charters to bodies politic, by him, or them, or any of them, made prior to that day. And that none of the faid charters fhall be adjudged to be void, by reafon of any non-ufer or mifufer of any of their respective rights or privileges, between the nineteenth day of April, in the year of our Lord one thousand feven hundred and feventy-five, and the publication of this conftitution. And further, that all fuch of the officers, described in the faid

charters refpectively, as, by the terms of the faid charters, were to be appointed by the Governor of the colony of New. York, with or without the advice and confent of the Coun. cil of the faid king, in the faid colony, fhall henceforth be appointed by the Council, eftablished by this conftitution, for the appointment of officers in this ftate, until otherwife directed by the Legislature.

XXXVII. And whereas it is of great importance to the fafety of this ftate, that peace and amity with the Indians, within the fame, be at all times fupported and maintained; --and whereas the frauds, too often practifed towards the faid Indians, in contracts made for their lands, have, in divers inftances, been productive of dangerous discontents and animofities:-Be it ordained, that no purchafes or contracts for the fale of lands, made fince the fourteenth day of October, in the year of our Lord one thoufand feven hundred and feventy-five, or which may hereafter be made with or of the faid Indians, within the limits of this ftate, fhall be binding on the faid Indians, or deemed valid, unless made under the authority, and with the confent of the Legiflature of this state.

XXXVIII. And whereas we are required, by the bene volent principles of rational liberty, not only to expel civil tyranny, but alfo to guard against that fpiritual oppreffion and intolerance, wherewith the bigotry and ambition of weak and wicked priests and princes have fcourged mankind: .this Convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine, and declare, that the free exercife and enjoyment of religious profeffion and worship, without difcrimination or preference, fhall forever hereafter be allowed, within this ftate, to all mankind. Provided that the liberty of confcience, hereby granted, fhall not be fo conftrued, as to excufe acts of licentioufnefs, or juftify practices, inconfiftent with the peace or fafety of this state.

XXXIX. And whereas the minifters of the gospel are, by their profeffion, dedicated to the service of God and the care of fouls, and ought not to be diverted from the great duties of their function; therefore no minifter of the gofpel, or prieft of any denomination whatfoever, fhall, at any time hereafter, under any pretence or defcription whatever, be

eligible to, or capable of holding, any civil or military of fice or place, within this ftate.

XL. And whereas it is of the utmost importance to the fafety of every state, that it fhould always be in a condition of defence; and it is the duty of every man, who enjoys the protection of fociety, to be prepared and willing to defend it; this Convention, therefore, in the name and by the authority of the good people of this ftate, doth ordain, determine and declare, that the militia of this state, at all times hereafter, as well in peace as in war, fhall be armed, and difciplined, and in readinefs for fervice. That all fuch of the inhabitants of this ftate (being of the people called Quakers) as, from scruples of confcience, may be averse to the bearing of arms, be therefrom excufed by the Legislature ; and do pay to the ftate, fuch fums of money, in lieu of their perfonal fervice, as the fame may, in the judgment of the Legislature, be worth: And that a proper magazine of warlike ftores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this ftate, and by acts of the Legiflature, established, maintained, and continued, in every county in this state.

XLI. And this Convention doth further ordain, determine and declare, in the name and by the authority of the good people of this ftate, that trial by jury, in all cases, in which it hath heretofore been used in the colony of NewYork, fhall be established, and remain inviolate forever. And that no acts of attainder fhall be paffed by the Legislature of this ftate, for crimes, other than thofe committed ' before the termination of the prefent war; and that such acts fhall not work a corruption of blood. And further, that the Legiflature of this ftate fhall, at no time hereafter, institute any new court or courts, but fuch as fhall proceed according to the courfe of the common law.

XLII. And this Convention doth further, in the name and by the authority of the good people of this ftate, 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 ftate, and abjure and renounce all allegiance 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.

-346

W

NEW-JERSEY.

CONSTITUTION OF NEW-JERSEY.

THEREAS 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 refused or withdrawn:-And whereas George the Third, king of Great-Britain, has refufed protection to the good people of thefe 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 caufe, 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, exposed to the fury of a cruel and relentless enemy, fome form of government is abfolutely neceffary, not only for the prefervation of good order, but alfo the more effectually to unite the people, and enable them to exert their whole force in their own neceffary defence; and as the honorable the Continental Congrefs, the Supreme Council of the American colonies, has advised fuch of the colonies, as have not yet gone into the measure, to adopt for themselves refpectively, fuch government, as fhall beft conduce to their own happiness and safety, and the well-being of America in general:-We, the Reprefentatives of the colony of New-Jer

fey, having been elected by all the counties in the freeft man. ner, and in Congress affembled, have, after mature deliberations, agreed upon a fet of charter-rights and the form of a conftitution, in manner following, viz.

I. That the government of this province fhall be vested in a Governor, Legislative Council, and General Affembly. II. That the Legislative Council, and General Affembly, fhall be chofen, for the first time, on the fecond Tuesday in Auguft next; the members whereof fhall be the fame in number and qualifications, as are herein after mentioned; and fhall be and remain vefted with all the powers and authority to be held by any future Legislative 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.

III. That on the fecond Tuesday in October yearly, and every year forever (with the privilege of adjourning from day to day, as occafion may require) the counties shall feverally choofe one perfon, to be a member of the Legislative Council of this colony, who fhall be, and have beer, for one whole year next before the election, an inhabitant and freeholder in the county in which he is chofen, and worth at least one thousand pounds, proclamation money, of real and perfonal eftate, within the fame county: that, at the fame time, each county fhall alfo choose three members of Affembly; provided that no perfon fhall be entitled to a feat in the faid 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 eftate, in the fame county; that on the fecond Tuesday 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 law; provided, that feven fhall be a quorum of the Council, for doing bufinefs, and that no law fhall pafs, unlefs 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, shall, at any time or times hereafter, judge it equitable and proper, to add to or diminish the number or proportion of the mem

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