ARTICLE VII.
APPOINTING POWER AND TENURE OF OFFICE.
Militia Officers.
SECTION 1. One. The legislature shall provide by law for enrolling, organizing, and arming the militia.
Two. Captains, subalterns, and non-commissioned officers shall be elected by the members of their respective companies.
Three. Field-officers of regiments, independent battalions, and squadrons shall be elected by the commissioned officers of their respective regiments, battalions, or squadrons.
Four. Brigadier-generals shall be elected by the field-officers of their respective brigades.
Five. Major-generals shall be nominated by the governor, and appointed by him, with the advice and consent of the senate.
Six. 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.
Seven. 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.
Eight. Brigade-inspectors shall be chosen by the field-officers of their respective brigades.
Nine. The governor shall appoint the adjutant-general, quartermaster-general, and all other militia officers whose appointment is nor otherwise provided for in this constitution.
Ten. 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.
SEC. 2. One. 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. Civil Officers.
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.
Two. 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.
Three. 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 the offices for one year, and until their successors shall be qualified into office.
Four. The attomey-general prosecutors of 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 five years.
Five. 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.
Six. 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.
Seven. Sheriffs and coroners shall be elected annually by the people of their respectivle counties, at the annual elections for members of the general assembly.
They may be reelected until they have served three years, but no longer; after which three years must elapse before they can be again capable of serving.
Eight. 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, 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.
Nine. 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.
Ten. All civil officers elected or appointed pursuant to the provisions of this constitution, shall be commissioned by the governor.
Eleven. The term of the 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 or any office shall bear date prior to the expiration of the term of the incumbent of said office.
HTML Text prepared by the staff of State Government Information Services,
New Jersey State Library. Comments to hdunn@njstatelib.org
Last update: 6 April 1998.