1844 – 1947 State Constitutional Era

The 1844 New Jersey Constitution

The Big Picture

For over a century, New Jersey operated under its second Constitution. Think of it as the state’s rulebook version 2.0. While it borrowed heavily from the U.S. Constitution (ratified in 1788), it also revealed some uncomfortable truths about who actually had rights in 19^th century America.

“All Men Are Created Equal*”

(*Terms and Conditions Apply)

Article I kicks off with a bold statement: “Men are born free and independent.” Sounds great, right? Here’s the catch—this really meant WHITE MEN ONLY.

Women? Not included.

Enslaved people? Definitely not included.

New Jersey was still a slave-holding state in 1844, so when the Constitution talked about “men,” it needed a huge asterisk. For white men, however, their rights were pretty extensive:

Article II covered voting rights, or as it was officially called, “suffrage.” In the 2nd Constitution, suffrage was more restrictive than the 1st Constitution.

Only white men could vote.
No women. No people of color. Period.

This wouldn’t change for decades.

What Did Get Better?

There were some really good ideas in this new Constitution. It did mandate free public schools funded by the state legislature—a genuinely progressive move that would shape New Jersey’s future.

The document also created a more sophisticated government structure. The court system became more complex to address the many changes happening in industry and society. In addition, the processes for making laws and changing the Constitution were spelled out more clearly. In fact, this Constitution was amended several times throughout its 103-year run.

January 23, 1866

Slavery and New Jersey’s Shameful Delay to Abolish it

It’s an uncomfortable fact that even after the Civil War ended, slavery technically remained legal in New Jersey. Our state did not ratify the 13^th Amendment to the U.S. Constitution, which abolished slavery, until January 23, 1866—making us the last Northern state to officially end slavery.

New Jersey’s 1844 Constitution was never amended to abolish slavery. The state only ended this horrific practice because the federal government forced the issue.

Why The 1844 Constitution Still Matters Today

When you hear people talk about “original intent” or “the way things were,” remember that constitutions are living documents that reflect the values—and prejudices—of their time.

New Jersey’s second Constitution shows us how far we’ve come, but also reminds us that progress isn’t automatic. People had to fight for the rights we sometimes take for granted today.

Every time women and people of color participate in democracy, every time a child attends a public school—they are experiencing freedoms that weren’t guaranteed in New Jersey’s second Constitution. History isn’t just about memorizing dates. It’s about understanding the long, ongoing struggle to move toward a more just and equitable world.