NEW JERSEY. 



665 



the other, except the lay Judges of the Common Plena, 

 and of them alone? The message of the Governor 

 spi-uks for itself, and having by it enunciated a policy 

 l>v \vhu-h ho proposes to govern his action, it will bo 

 lulniitted by all lair-thinking men that he should bo 

 allowed to develop and perfect that policy at such time 

 and in such manner as ho may consider best for the 

 interests of the people ; and if, at this time, at the very 

 outset of his undertaking, ho docs not find it in his 

 power to bring it at once to completion, his message 

 most clearly commits him to its consummation when- 

 ever and as" the opportunity affords. 



I respectfully insist that if the policy of the Govern- 

 .or, as expressed by his nominations, is to be adopted 

 by the Senate, it should be adopted as a whole ; and it 

 remains for the representatives in the Senate of the 

 party in power to say whether the principle of a non- 

 partisan judiciary shall fall still-born, or whether it 

 shall go on broadening and extending itself until it 

 includes all classes of the judicial branch of the gov- 

 ernment. 



But, aside from all this, despite all factious criticism 

 that may bo made upon the message of the Govern- 

 or, the fact remains that, in the exercise of an undis- 

 puted right, the Governor of this State has sent to 

 this Senate nominations which, with the advice and 

 consent of that Senate, will become appointments. It 

 matters not what impelled the Governor to make those 

 political nominations that is beyond the question or 

 cavil of the Senate. The only question properly be- 

 fore it is, Are the persons named proper persons to 

 hold the offices for which they are named ? The ma- 

 jority of the committee do not even pretend otherwise. 



For these reasons I respectfully dissent from the 

 report of the majority of the committee, and recom- 

 mend that the nominations for law Judges and for lay 

 Judges of the Courts of Common Pleas, now before 

 the Senate, bo confirmed in their entirety. 



The Senate concurred in the views of the 

 majority report, and voted against the law 

 Judges nominated. The Governor made no 

 more nominations previous to the adjournment 

 of the Legislature. Subsequently the same 

 persons were commissioned to fill vacancies in 

 the four counties, under the following provi- 

 sion of the State Constitution : " When a va- 

 cancy happens during the recess of the Legis- 

 lature in any office which is to be filled by the 

 Governor and Senate, or by the Legislature in 

 joint meeting, the Governor shall fill such va- 

 cancy ; and the commission shall expire at the 

 end of the next session of the next Legislature, 

 unless a successor shall be sooner appointed." 



A bill was introduced to the House requiring 

 the Governor to withhold commissions from 

 justices of the peace chosen by the people until 

 they have passed an examination and obtained 

 certificates as to their capacity and moral char- 

 acter. A question arose as to the constitution- 

 ality of the bill, and it was submitted to the 

 State Attorney-General (Stockton), who said : 



The Constitution imparts to the legislative, execu- 

 tive, or judicial department of government no power 

 to annex any other qualificaton to this office than those 

 already prescribed by the Constitution itself as a pre- 

 requisite to the exercise thereof. Such a course would 

 be inconsistent with the fundamental principle upon 

 which is founded the whole structure of our political 

 institutions, viz., all political power, not otherwise del- 

 egated, is inherent in the people. 



Eligibility to public trusts is a constitutional right, 

 which can not bo abridged or impaired. The Consti- 

 tution establishes and defines the right of suffrage, and 

 gives to the electors as well as to other departments of 



government the power to confer public trout. It pre- 

 scribes in respect to certain officers particular circum- 

 stances, without which a person is not eligible; and 

 provides that persons holding certain offices shall hold 

 no other public trust. Excepting particular exclusions 

 thus established, the electors and the appointing au- 

 thorities are by the Constitution wholly free to confer 

 public stations upon any person according to their 

 pleasure. The Constitution giving the right of elec- 

 tion and the right of appointment, these rights con- 

 sisting essentially in the freedom of choice, and tin: 

 Constitution also declaring that certain persons are 

 not eligible to office, it follows from these powers and 

 provisions that all other persons are eligible. 



Eligibility to office is not declared as a right or 

 principle by any express terms of the Constitution ; 

 but it results, as a just deduction, from the express 

 powers and provisions of the system. The basis of 

 the principle is the absolute liberty of the electors and 

 the appointing authorities to choose and to appoint 

 any person who is not mode ineligible by the Consti- 

 tution. 



Eligibility to office, therefore, belongs not exclusive- 

 ly or specially to electors enjoying the right of suf- 

 irage. It belongs equally to all persons whomsoever 

 not excluded by the Constitution. 



I am of the opinion that this bill is unconstitutional : 

 1. Because it attempts to limit the body from which 

 the officer may be chosen, thereby excluding from this 

 office a class of persons constitutionally eligible, and 

 establishing a qualification which the State Constitu- 

 tion docs not require. 2. Because it attempts to con- 

 trol the Governor hi the exercise of a duty confided to 

 him exclusively, and enjoined upon him by the Con- 

 stitution. 



A bill was passed in the House to prohibit 

 the manufacture of shoes in the State Prison, 

 by a vote of yeas 36, nays 19. A motion to 

 reconsider the vote was lost yeas 14, nays 44. 

 The Committee of the Senate to whom the bill 

 was referred when it reached tbat body re- 

 ported that they had deemed it their duty, in 

 examining the question, to take an enlarged 

 view of the subject, and not merely to see what 

 its effect might be upon a single class; and 

 they therefore endeavored to ascertain what 

 action, if any, was necessary to promote the 

 general welfare of the people of the State, and 

 also to inquire what effect the abolition of the 

 system would have upon the prisoners them- 

 selves. The cause of the depression in the shoe 

 business as well as in other branches of trade 

 is ascribed to the introduction of machinery 

 into the manufacture of shoes, which has with- 

 in a few years almost revolutionized the busi- 

 ness; and constant improvement shave been 

 made, until the perfection of machine-made 

 work and the rapidity of its construction are 

 marvelous. This of itself must tend to throw 

 upon the market a vast amount of work ; and, 

 when the market becomes overstocked, the ma- 

 chines must stop and the employees for a time 

 cease to labor. That this is a true reason is 

 proved by the fact that more than two thirds of 

 the convicts themselves have, since the termina- 

 tion of old contracts, been in a condition of en- 

 forced idleness. It is assumed by those who 

 desire the abolition of prison labor, that the price 

 paid by the contractors for the labor employed 

 greatly injures similar business by unfair com- 

 petition. If it be true that an inadequate 

 price is paid for this labor, it would result in 



