N.J. Constitutional Convention: Vol. 4, Page 682


Whereas the Constitutional Convention now assembled is to consider and submit to the people a "new State Constitution," and

Whereas the Judicial Article of that new Constitution is the concern of every inhabitant and citizen of the State of New Jersey, and particularly the members of the bar, since the system of courts is the cornerstone of our profession, and

Whereas the question of the abolition of the Court of Chancery as a separate entity in the judicial system is advocated by some of our citizens, and

Whereas the development of equity jurisprudence in New Jersey under a separate Court of Chancery is acknowledged by scholars the world over to have reached a peak unequaled under any other judicial system in this country or in England, and

Whereas a virile and growing equity jurisprudence is that organ which gives to the body of the law its moral vitality and conscience and in so doing gives it flexibility and power to protect the weak against the strong and powerful, and the inalienable rights from the rigidities of legal form and precedent, therefore

Be It Resolved that the members of the Mercer County Bar Association in meeting assembled record as their considered judgment that in any judicial system proposed by the Constitutional Convention, the Court of Chancery be retained as a separate entity for the administration of equity jurisprudence, substantially as is now provided in our present Constitution, and

Be It Further Resolved that a copy of this resolution be sent to the Judiciary Committee of the State Constitutional Convention.

This is to certify that the foregoing is a true copy of the resolution adopted by the Mercer County Bar Association at its annual meeting held on June 24, 1947.

Maurice E. Gold, Secretary

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