History of the New Jersey State Constitution
Encyclopedia
Originally, the state
of New Jersey
was a single British
colony
, the Province of New Jersey
. After the English Civil War
, Charles II
assigned New Jersey
as a proprietary colony
to be held jointly by Sir George Carteret and John Berkeley, 1st Baron Berkeley of Stratton
. Eventually, the collection of land fees, or quit-rents, from colonists proved inadequate for colonial profitability. Sir George Carteret sold his share of the colony to the Quakers in 1673. Following the sale, the land was divided into East
and West
Jersey. In 1681, West Jersey
adopted a constitution. In 1683, East Jersey
adopted one as well. In 1702, the colonies were united again under Anne of Great Britain
, and adopted a constitution in 1776.
or constitution
, and guarantees such rights.
The constitution of East Jersey
, unlike West Jersey's, did not seemingly have a section of the traditional colonial constitution missing. Within their constitution was a detailed creation of a great Council, who would control the colony. The constitution also created a somewhat abbreviated enumeration of rights. The constitution also bans the admission of any non-Christian into the council. A vestige from the Stamp Act
, Article XVIII is an archaic section of a since-repealed act.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
was a single British
British colonization of the Americas
British colonization of the Americas began in 1607 in Jamestown, Virginia and reached its peak when colonies had been established throughout the Americas...
colony
Crown colony
A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....
, the Province of New Jersey
Province of New Jersey
The Province of New Jersey was one of the Middle Colonies of Colonial America and became the U.S. state of New Jersey in 1776. The province had originally been settled by Europeans as part of New Netherland, but came under English rule after the surrender of Fort Amsterdam in 1664, becoming a...
. After the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
assigned New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
as a proprietary colony
Proprietary colony
A proprietary colony was a colony in which one or more individuals, usually land owners, remaining subject to their parent state's sanctions, retained rights that are today regarded as the privilege of the state, and in all cases eventually became so....
to be held jointly by Sir George Carteret and John Berkeley, 1st Baron Berkeley of Stratton
John Berkeley, 1st Baron Berkeley of Stratton
John Berkeley, 1st Baron Berkeley of Stratton was an English royalist soldier. From 1648 he was closely associated with James, Duke of York, and rose to prominence, fortune and fame.-First English Civil War:...
. Eventually, the collection of land fees, or quit-rents, from colonists proved inadequate for colonial profitability. Sir George Carteret sold his share of the colony to the Quakers in 1673. Following the sale, the land was divided into East
East Jersey
The Province of East Jersey and the Province of West Jersey were two distinct, separately governed parts of the Province of New Jersey that existed as separate provinces for 28 years, between 1674 and 1702. East Jersey's capital was located at Perth Amboy...
and West
West Jersey
West Jersey and East Jersey were two distinct parts of the Province of New Jersey. The political division existed for 28 years, between 1674 and 1702...
Jersey. In 1681, West Jersey
West Jersey
West Jersey and East Jersey were two distinct parts of the Province of New Jersey. The political division existed for 28 years, between 1674 and 1702...
adopted a constitution. In 1683, East Jersey
East Jersey
The Province of East Jersey and the Province of West Jersey were two distinct, separately governed parts of the Province of New Jersey that existed as separate provinces for 28 years, between 1674 and 1702. East Jersey's capital was located at Perth Amboy...
adopted one as well. In 1702, the colonies were united again under Anne of Great Britain
Anne of Great Britain
Anne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
, and adopted a constitution in 1776.
Concession and Agreement
Concession and Agreement was a legal document that guaranteed rights; including, but not only, religious freedom. It served as the basic governing document of the colony of New Jersey. Although the document is most commonly recognized as an enticement for settlers, it is in the basic form of any colonial charterCharter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
or constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, and guarantees such rights.
East Jersey Constitution
- See footnote
The constitution of East Jersey
East Jersey
The Province of East Jersey and the Province of West Jersey were two distinct, separately governed parts of the Province of New Jersey that existed as separate provinces for 28 years, between 1674 and 1702. East Jersey's capital was located at Perth Amboy...
, unlike West Jersey's, did not seemingly have a section of the traditional colonial constitution missing. Within their constitution was a detailed creation of a great Council, who would control the colony. The constitution also created a somewhat abbreviated enumeration of rights. The constitution also bans the admission of any non-Christian into the council. A vestige from the Stamp Act
Stamp Act
A stamp act is any legislation that requires a tax to be paid on the transfer of certain documents. Those that pay the tax receive an official stamp on their documents, making them legal documents. The taxes raised under a stamp act are called stamp duty. This system of taxation was first devised...
, Article XVIII is an archaic section of a since-repealed act.
1776 Constitution
One of the most notable parts of this "Constitution" was that it provided suffrage to all male and female land-owners.External links
- Original New Jersey Constitution
- West Jersey Charter
- West Jersey Constitution
- East Jersey Constitution
- NJ Constitution of 1776
- Colonial Charters, Grants and Related Documents (at "New Jersey"). The Avalon Project: Documents in Law, History and Diplomacy. Lillian Goldman Law Library (Yale Law School). Retrieved 2010-03-14. This website has links to the following documents:
- 1664 - The Duke of York's Release to John Ford Berkeley, and Sir George Carteret, 24 June
- 1664 - The Concession and Agreement of the Lords Proprietors of the Province of New Caesarea, or New Jersey, to and With All and Every the Adventurers and All Such as Shall Settle or Plant There
- 1672 - A Declaration of the True Intent and Meaning of us the Lords Proprietors, and Explanation of There Concessions Made to the Adventurers and Planters of New Caesarea or New Jersey
- 1674 - His Royal Highness's Grant to the Lords Proprietors, Sir George Carteret, 29 July
- 1676 - The Charter or Fundamental Laws, of West New Jersey, Agreed Upon
- 1676 - Quintipartite Deed of Revision, Between E. and W Jersey: July 1
- 1680 - Duke of York's Second Grant to William Penn, Gawn Lawry, Nicholas Lucas, John Eldridge, Edmund Warner, and Edward Byllynge, for the Soil and Government of West New Jersey-August 6
- 1681 - Province of West New-Jersey, in America, The 25th of the Ninth Month Called November
- 1682 - Duke of York's Confirmation to the 24 Proprietors: 14 March
- 1683 - The Fundamental Constitutions for the Province of East New Jersey in America
- 1683 - The King's Letter Recognizing the Proprietors' Right to the Soil and Government
- 1702 - Surrender from the Proprietors of East and West New Jersey, of Their Pretended Right of Government to Her Majesty
- 1709 - The Queen's Acceptance of the Surrender of Government; April 17
- 1712 - Charles II's Grant of New England to the Duke of York, 1676 - Exemplified by Queen Anne
- 1776 - Constitution of New Jersey