to criminals after condemnation, in all cafes of treason, felony, or

other offences.

X. That captains, and all other inferior officers of the militia, shall be chofen by the companies in the respective counties; but field and general officers by the Council and Affembly.

XI. That the Council and Assembly shall have power to make the great feal of this colony, which fhall be kept by the governor, or in his abfence, by the vice-prefident of the council, to be ufed by them as occafion may require; and it fhall be called, the great feal of the colony of New-Jersey.

XII. That the judges of the fupreme court shall continue in office for feven years; the judges of the inferior court of common pleas in the feveral counties, juftices of the peace, clerks of the fupreme court, clerks of the inferior court of common pleas and quarter feffions, the attorney-general, and provincial secretary, fhall continue in office for five years; and the provincial treasurer fhall continue in office for one year; and that they shall be, feverally appointed by the Council and Affembly in manner aforefaid, and commiffioned by the governor, or in his abfence the vice-prefident of the council. Provided always, that the faid officers feverally, fhall be capable of being re-appointed at the end of the terms feverally before limited; and that any of the faid officers fhall be liable to be difmiffed, when adjudged guilty of misbehaviour, by the Council on an impeachment of the Affembly.

XIII. That the inhabitants of each county, qualified to vote as aforefaid, fhall, at the time and place of clecting their representatives, annually elect one fheriff, and one or more coroners; and that they may re-elect the fame perfon to fuch offices until he shall have served three years, but no longer; after which three years must elapse-before the fame person is capable of being elected again. When the election is certified to the governor or vice-prefident, under the hands of fix freeholders of the county for which they were elected, they fhall be immediately commiffioned to ferve in their refpective of fices.

XIV. That the townships, at their annual town meetings for electing other officers, fhall chufe conftables for the districts respectively; and alfo three or more judicious freeholders of good character, to hear and finally determine all appeals relative to unjust affeffments in cafes of public taxation; which commiflioners of appeal fhall, for that purpose, fit at fome fuitable time or times to be by

them

them appointed, and made known to the people by advertise

ments.

XV. That the laws of the colony fhall begin in the following ftile, viz. Be it enacted by the Council and General Assembly of this colony, and it is hereby enacted by authority of the fame: that all commiffions granted by the governor or vice-prefident fhall run thus, The colony of New-Jersey, to A. B. &c. greeting; and that all writs fhall likewife run in the name of the colony: and that all indictments fhall conclude in the following manner, viz. Against the peace of this colony, the government and dignity of the fame.

XVI. That all criminals fhall be admitted to the fame privileges of witneffes and counfel, as their profecutors are or fhall be entitled to.

XVII. That the eftates of fuch perfons as shall destroy their own lives fhall not, for that offence, be forfeited, but fhall defcend in the fame manner as they would have done, had fuch perfons died in the natural way; nor fhall any article which may occafion accidentally the death of any one, be henceforth deemed a deodand, or in any wiife forfeited on account of fuch misfortunes.

XVIII. That no perfon fhall ever within this colony be deprived of the inestimable privilege of worthipping Almighty God in a manner agreeable to the dictates of his own conícience; nor under any pretence whatever be compelled to attend any place of worship, contrary to his own faith and judgment; nor fhall any perfon within this colony ever be obliged to pay tithes, taxes, or any other rates, for the purpose of building or repairing any other church or churches, place or places of worship, or for the maintenance of any minifter or miniftry, contrary to what he believes to be right, or has deliberately or voluntarily engaged himself to perform.

XIX. That there shall be no establishment of any one religious fect in this province, in preference to another; and that no Proteftant inhabitant of this colony fhall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all perfons, profeffing a belief in the faith of any Proteftant fect, who fhall demean themselves peaceably under the government as hereby established, fhall be capable of being elected into any office of profit or truft, or being a member of either branch of the legislature; and fhall fully and freely enjoy every privilege and immunity enjoyed by others their fellow fubjects,

XX. That

XX. That the legislative department of this government may, as much as poffible, be preferved from all fufpicion of corruption, none of the judges of the fupreme or other courts, fheriffs, or any other perfon or perfons poffeffed of any post of profit under the govern ment, other than juftices of the peace, fhall be entitled to a feat in the Affembly; but that on his being elected and taking his feat, his office or poft fhall be confidered as vacant.

XXI. That all the laws of this province contained in the edition. ately published by Mr. Allinson, shall be and remain in full force, until altered by the legislature of this colony, fuch only excepted as are incompatible with this charter, and fhall be, according as heretofore, regarded in all refpects by all civil officers, and others the good people of this province.

XXII. That the common law of England, as well as so much of the ftatute law as has been heretofore practifed in this colony, shall ftill remain in force, until they shall be altered by a future law of the legiflature; fuch parts only excepted as are repugnant to the rights and privileges contained in this charter; and that the inestimable right of trial by jury fhall remain confirmed, as a part of the law of this colony, without repeal for ever.

XXIII. That every person who fhall be elected as aforefaid to be a member of the Legislative Council or House of Affembly, hall, previous to his taking his feat in Council or Affembly, take the following oath or affirmation, viz.

"I A. B. do folemnly declare, that as a member of the Legislative Council or Affembly, as the case may be, of the colony of NewJerfey, I will not affent to any law, vote, or proceeding, which fhall appear to me injurious to the public welfare of faid colony; nor that fhall annul or repeal that part of the third section in the charter of this colony, which establishes that the elections of members of the Legiflative Council and Affembly fhall be annual; nor that part of the twenty-second section in said charter, respecting the trial by jury, nor that shall annul, repeal, or alter any part or parts of the eighteenth or nineteenth fections of the fame."

And any perfon or perfons who fhall be elected as aforefaid, is hereby impowered to administer to the faid members the faid oath or affirmation.

Provided always, that it is the true intent and meaning of this congrefs, that if a reconciliation between Great-Britain in these colonies fhould take place, and the latter be taken again under the protec

tion and government of the crown of Britain, this charter fhall be null and void, otherwife to remain firm and inviolable.

COURTS OF JUSTICE, LAWS, &c.

The courts of juftice in this State are, firft, Juftices Courts. A competent number of perfons are appointed in each county by the Council and Aflembly in joint meeting, who are called juftices of the peace, and continue in office five years; who, besides being confervators of the peace, agreeably to the English laws, are authorized to hold courts for the trial of caufes under twelve pounds. From this court, perfons aggrieved may appeal to the quarter feffions.

Secondly, Courts of Quarter Seffions of the Peace are held quarterly in every county, by at least three of the juftices. This court' takes cognizance of breaches of the peace, and is generally regulated by the rules of the English law.

Thirdly, Courts of Common Pleas, which are held quarterly by judges appointed for that purpofe, in the fame manner as the juftices of the peace, and who are commonly of their number, and hold their commiffions five years. This court may be held by a fingle judge, and has cognizance of demands to any amount, and is conftructed on, and governed by the principle of the English laws.

Fourthly, Supreme Courts, which are held four times in a year, at Trenton, by three judges appointed for that purpose, who hold their offices three years; but one judge only is neceffary to the holding this court. This court has cognizance of all actions, both civil and criminal, throughout the State, having the united authority of the courts of king's bench, common pleas, and exchequer in England. The courts of oyer and terminer and nifi prius, commonly held once a year in each county, for the trial of caufes arifing in the county, and brought to iffue in the fupreme court, are properly branches of this court, and are held by one of the judges of it, except that in the courts of oyer and terminer, fome of the gentlemen of the county are always added in the commiffion as affiftants to the judge; but they cannot hold the court without him.

Fifthly, Orphan's Courts, lately established by act of Affembly, are held by the judges of the court of common pleafs, ex officiis, and have cognizance of all matters relating to wills, adminiftrations, &c.

Sixthly,

Sixthly, Court of Chancery, held by the governor ex officio, àla ways open. It is a court of law and equity, founded on the fame principles, and governed by the fame rules as the court of chancery in England.

Seventhly, High Court of Errors and Appeals, compofed of the governor, and seven of the council, and is a court of appeals in the laft refort in all cafes of law.

All the English laws which have been practifed upon in the State, and which are not repugnant to revolution principles, were adopted by the conftitution, and very few alterations of confequence have fince been made, except in the descent of the real estates, which, inftead of defcending to the eldest fon, agreeable to the old feudal fystem, as formerly, are now divided, where there is no will, two fhares to each son, and one flare to each daughter, i. e. the fons have double the daughter's portions, but all the fous have equal portion, and all the daughters.

No perfon is permitted to practife as an attorney in any court without a licence from the governor. This cannot be obtained unless the candidate fhould be above twenty-one years of age, and shall have ferved a regular clerkship with fome licensed attorney for four years, and have taken a degree in fome public college, otherwife he must ferve five years. This regulation is confidered by fome as a depre ciation of rights in regard to citizens of other States, and a bar to the progress of knowledge. He muft alfo fubmit to an examination by three of the most eminent counsellors in the State, in the prefence of the judges of the fupreme court. After three years practice as an attorney, he becomes a candidate for a counfellor's licence, which is granted on a like examination. Many of the people here, however, as in other States, think, becaufe perhaps they are inftruments in obliging them to pay their debts, that the lawyers know too much. But their knowledge will not injure thofe who are innocent, and who will let them alone. Experience has verified this obfervation in the county of Cape May. No lawyer lives within fixty miles of that county, and it is feldom that they attend their courts.

MILITARY STRENGTH.

The military ftrength of New-Jerfey confifts of a militia, of be tween thirty and forty thoufand men.

This State was the feat of war for feveral years, during the contest between Great-Britain and America. Her loffes both of men and

property,