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 X

Schedule

That no inconvenience may arise from the change in the constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained, that —

The common law and Statute laws now in force not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the Legislature; and all writs, actions, causes of action, prosecutions, contracts, claims and rights of individuals and of bodies corporate, and of the State, and all charters of incorporation, shall continue, and all indictments, which shall have been found, or which may hereafter be found, for any crime or offence committed before the adoption of this Constitution, may be proceeded upon as if no change had taken place. The several Courts of law and equity, except as herein otherwise provided, shall continue with the like powers and jurisdiction as if this Constitution had not been adopted.
All officers now filling any office or appointment, shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless by this Constitution it is otherwise directed.
The present Governor, Chancellor and Ordinary or Surrogate General, and Treasurer shall continue in office until successors elected or appointed under this Constitution shall be sworn or affirmed into office.
In case of the death, resignation, or disability of the present Governor, the person who may be Vice President of Council at the time of the adoption of this Constitution shall continue in office and administer the government until a Governor shall have been elected and sworn or affirmed into office under this Constitution.
The present Governor, or in case of his death or inability to act, the Vice President of Council, together, with the present members of the Legislative Council and Secretary of State shall constitute a board of state canvassers, in the manner now provided by law, for the purpose of ascertaining and declaring the result of the next ensuing election for Governor, members of the House of Representatives, and electors of President and Vice President.
The returns of the votes for Governor, at the said next ensuing election shall be transmitted to the Secretary of State, the votes counted, and the election declared in the manner now provided by law in the case of the election of Electors of President and Vice President.
The Election of Clerks and Surrogates, in those Counties where the term of office of the present incumbents shall expire previous to the general election of eighteen hundred and forty five, shall be held at the general election next ensuing the adoption of this Constitution; the result of which election shall be ascertained in the manner now provided by law for the election of Sheriffs.
The elections for the year eighteen hundred and forty four shall take place as now provided by law.
It shall be the duty of the Governor to fill all vacancies in office happening between the adoption of this Constitution and the first session of the senate, and not otherwise provided for and the commissions shall expire at the end of the first session of the Senate or when successors shall be elected or appointed and qualified.
The restriction of the pay of members of the Legislature, after forty days from the commencement of the session, shall not be applied to the first legislature convened under this Constitution.
Clerks of Counties shall be clerks of the inferior Courts of Common Pleas and Quarter Sessions of the several counties and perform the duties, and be subject to the regulations now required of them by law until otherwise ordained by the Legislature.
The Legislature shall pass all laws necessary to carry into effect the provisions of this Constitution.

Done in Convention, at the State House in Trenton, on the twenty-ninth day of June, in the [sic] year of our Lord, one thousand Eight hundred and forty-four, and of the Independence of the United States of America the sixty eighth.

William Paterson Secretary

Alexander Wurts President of the Convention

Th. J. Saunders Assistant Sec’y

Bergen John Cassedy Abr. Westervelt

Warren P.B. Kennedy Samuel Hibbler Robert S. Kennedy

Hudson Robt. Gilchrist

Somerset P. D. Vroom Ferdinand S. Schenck George H. Brown

Hunterdon Jonathan Pickel David Neighbour Peter I. Clark

Middlesex M. Jaques James Parker Jos. F. Randolph James C. Zabriskie

Mercer Jno. R. Thomson Henry W. Green R. S. Field

Passaic Elias B. D. Ogden Andrew Parsons

Sussex Joseph E. Edsall John Bell Martin Ryerson

Essex Jos. C. Hornblower D’d Naar O.S. Halsted Elias Vanarsdale William Stites

Morris Mahlon Dickerson Francis Child Ephraim Marsh W. Nelson Wood

Monmouth George F. Fort Bernard Connolly Thomas G. Haight Daniel Holmes Robt. Laird

Burlington Moses Wills J. J. Spencer Wm. R. Allen Jno. C. Ten Eyck Chas. Stokes

Camden John W. Mickle Abraham Browning

Gloucester Jno. R. Sickler Charles C. Stratton

Atlantic Jonathan Pitney

Salem Jno. H. Lambert Richard P. Thompson Alex’. G. Cattell

Cumberland Wm. Belford Ewing Joshua Brick Daniel Elmer

Cape May Joshua Swain

New Jersey, ss: Be it remembered that on the twenty-ninth day of June in the year of our Lord, one thousand eight hundred and forty-four, the above Constitution was delivered to the Governor of this State, in open Convention by the President thereof – And it is thereupon by the said Governor ordered and directed that the same be filed in the office of the Secretary of State.

Dan’l. Haines, Gov. of N.J.