1844 – The New Jersey State Constitution Adopted by Constitutional Convention

The 1844 Constitution of New Jersey marked a pivotal shift in the state’s governance. Replacing the original 1776 charter, it introduced significant democratic reforms, including the direct election of the governor, a clear separation of powers among the executive, legislative, and judicial branches, and the expansion of voting rights to all white men regardless of property ownership. The document also reorganized the legislative structure into a bicameral body, established stronger checks and balances, and provided the judiciary with greater independence.

While progressive for its time, the constitution reflected the limitations of its era — voting remained restricted by gender and race. Nevertheless, it laid the foundation for a more modern and representative government in New Jersey, serving as the state’s guiding framework until it was replaced by the 1947 Constitution.

Article VII

Appointing power and tenure of office.

Section I. Militia Officers.

The Legislature shall provide by law for enrolling, organizing and arming the militia.
Captains, Subalterns, and non-commissioned officers, shall be elected by the members of their respective Companies.
Field officers of regiments, independent battalions, and squadrons, shall be elected by the commissioned officers of their respective regiments, battalions or squadrons.
Brigadier generals, shall be elected by the Field Officers of their respective brigades.
Major Generals, shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate.
The Legislature shall provide, by law, the time and manner of electing militia officers, and of certifying their elections to the Governor, who shall grant their commissions, and determine their rank, when not determined by law, —and no Commissioned Officer shall be removed from office, but by the sentence of a Court Martial pursuant to law.
In case the electors of Subalterns, Captains, or Field Officers, shall refuse or neglect to make such elections, the Governor shall have power, to appoint such officers, and to fill all vacancies caused by such refusal or neglect.
Brigade Inspectors shall be chosen by the Field Officers, of their respective brigades.
The Governor shall appoint the Adjutant General, Quarter Master General, and all other militia officers, whose appointment is not otherwise provided for in this Constitution.
Major Generals, Brigadier Generals and Commanding officers of regiments, independent battalions, and Squadrons, shall appoint the Staff officers of their divisions, Brigades, regiments, independent battalions, and Squadrons respectively.

Section II. Civil Officers

Justices of the Supreme Court, Chancellor, and Judges of the Court of Errors and Appeals, shall be nominated by the Governor, and appointed by him, with the advice and consent of the Senate. The Justices of the Supreme Court and Chancellor, shall hold their offices for the term of seven years: shall at stated times receive for their services a compensation which shall not be diminished during the term of their appointments; and they shall hold no other office under the Government of this State or of the United States.
Judges of the Courts of Common Pleas shall be appointed by the Senate and General Assembly, in joint meeting. They shall hold their offices for five years; —but when appointed to fill vacancies they shall hold for the unexpired term only.
The State Treasurer, and the Keeper and Inspectors of the State Prison shall be appointed by the Senate and General Assembly in Joint meeting. They shall hold their offices for one year, and until their successors shall be qualified into office.
The Attorney General, Prosecutors of the Pleas, Clerk of the Supreme Court, Clerk of the Court of Chancery, and Secretary of State shall be nominated by the Governor and appointed by him with the advice and consent of the Senate. They shall hold their offices for five years.
The law reporter shall be appointed by the Justices of the Supreme Court or a majority of them; and the Chancery reporter shall be appointed by the Chancellor. They shall hold their offices for five years.
Clerks and Surrogates of Counties shall be elected by the people of their respective Counties, at the annual elections for members of the General Assembly. They shall hold their offices for five years.
Sheriffs and Coroners, shall be elected annually by the people of their respective counties at the annual elections for members of the General Assembly. They may be re-elected until they shall have served three years but no longer; after which, three years must elapse, before they can be again capable of serving.
Justices of the Peace shall be elected by ballot at the annual meetings of the Townships in the several Counties of the State, and of the Wards in the Cities that may vote in Wards, in such manner and under such regulations as may be hereafter provided by law. They shall be commissioned for the County, and their Commissions, shall bear date and take effect on the first day of May next after their election. They shall hold their offices for five years; —but when elected to fill vacancies, they shall hold for the unexpired term only; provided, that the commission of any Justice of the Peace shall become vacant upon his ceasing to reside in the township in which he was elected. The first election for Justices of the Peace, shall take place at the next annual town-meetings of the townships in the several Counties of the State, and of the wards in Cities, that may vote in wards.
All other officers, whose appointments are not otherwise provided for by law, shall be nominated by the Governor and appointed by him with the advice and consent of the Senate; and shall hold their offices for the time prescribed by law.
All civil officers elected or appointed, pursuant to the provisions of this Constitution shall be commissioned by the Governor.
The term of office of all officers elected or appointed, pursuant to the provisions of this Constitution except when herein otherwise directed, shall commence on the day of the date of their respective commissions; but no commission for any office shall bear date prior to the expiration of the term of the incumbent of said office.