New Jersey
“That as the union of states is in imminent danger unless the remedies before suggested be speedily adopted, then as a last resort, the state of New Jersey hereby makes application, according to the terms of the constitution, of the Congress of the United States to call a convention (of the states) to propose amendments to said constitution.” – New Jersey Resolution (1861)
Representative Application
For each of the 40 States, one representative application has been highlighted. An explanation is provided as to why this application should be aggregated toward the total calling for a convention for proposing amendments. Additional applications from the State, if any, are also included.
New Jersey Resolution (1861) is not needed to reach the two-thirds threshold. Unlike other plenary calls in this count, New Jersey’s application does not clearly state an intent one way or the other as to whether or not it should be counted beyond the issue that motivated its passage. Rather, fundamental principles and legislative history must be considered. This call states repeatedly that it passed because of the impending Civil War. However, the resolution appears to consider several different solutions to the problem, including not only a Convention pursuant to Article V, but also the Crittenden Amendment then under consideration in the Senate, repeal of “obnoxious laws,” and an interstate commission to address the issues. There is no indication that New Jersey believed or expected the Convention to be limited only to the issue. The Convention call does not say it should be so restricted. There is no language in the text indicating the intent one way or the other and so, to aid in interpretation, a court may turn to the New Jersey State Legislature in 2021 who, when rescinding this Convention call, passed a resolution that said “that past petitions could become part of the basis for calling a convention which addresses issues never contemplated by the legislators voting for such petitions.”
Resolution (1861)
In relation to the Union of the States
Preamble.
WHEREAS, the people of New Jersey, conforming to the opinion of the “Father of his Country,” consider the unity of the government, which constitutions the people of the United States one people, a main pillar in the edifice of their independence, the support of their tranquility at home and peace abroad, of their prosperity, and of that liberty which they so highly prize; and properly estimating the immense value of their National Union to their individual happiness, they cherish a cordial, habitual and immovable attachment to it as a palladium of their political safety and prosperity, therefore
Duties of citizens.
1. BE IT RESOLVED by the Senate and General Assembly of the State of New York, That it is the duty of every good citizen, in all suitable and proper ways, to stand by and sustain the Union of the States as transmitted to us by our fathers.
Union not compact or league.
2. And be it resolved, That the government of the United States is a national government, and the Union it was designed to perfect is not a mere compact or league; and that the constitution was adopted in the spirit of mutual compromise and concession by the people of the United States, and can only be preserved by the constant recognition of that spirit.
Forbearance and compromise recommended.
3. And be it be resolved, That however undoubted may be the right of the general government to maintain its authority and enforce its laws over all parts of the country, it is equally certain that forbearance and compromise are indispensable at this crisis to the perpetuity of the Union, and that it is the dictate of reason, wisdom and patriotism peacefully to adjust whatever differences exist between the different sections of our country.
Crittenden resolutions.
4. And be it resolved, That the resolutions and propositions submitted to the Senate of the United States by the Honorable John J. Crittenden, of Kentucky, for the compromise of the questions in dispute between the people of the northern and of the southern states, or any other constitutional method that will permanently settle the question of slavery, will be acceptable to the people of the state of New Jersey, and the senators and representatives in Congress, from New Jersey, be requested and earnestly urged to support those resolutions and propositions.
Convention to alter constitution.
5. And be it resolved, That as the union of states is in imminent danger unless the remedies before suggested be speedily adopted, then as a last resort, the state of New Jersey hereby makes application, according to the terms of the constitution, of the Congress of the United States to call a convention (of the states) to propose amendments to said constitution.
States urged to repeal obnoxious laws.
6. And be it resolved, That such of the states as have in force laws which interfere with the constitutional rights of citizens of other states, either in regard to their persons or property, or which militate against the just construction of that part of the constitution that provides that “the citizens of each state shall be entitled to all privileges and immunities of citizens of the several states,” are earnestly urged and requested, for the sake of peace and Union, to repeal all such laws.
Commissioners appointed.
7. And be it resolved, That his Excellency, Charles S. Olden, Peter D. Vroom, Robert F. Stockton, Benjamin Williamson, Joseph F. Randolph, Frederick T. Frelinghuysen, Rodman M. Price, William C. Alexander and Thomas J. Stryker be appointed commissioners to confer with Congress and our sister states, and urge upon them the importance of carrying into effect the principles and objects of the foregoing resolutions.
Commissioners when and where to meet.
8. And be it resolved, That the commissioners above named, in addition to their other powers, be authorized to meet with those now or hereafter to be appointed by our sister state of Virginia, and such commissioners of other states as have been or may be hereafter appointed, to meet at Washington on the fourth day of February next.
Copies of resolution to be sent.
9. And be it resolved, That copies of the foregoing resolutions be sent to the President of the Senate and Speaker of the House of Representatives of the United States, and to the Senators and Representatives in Congress from New Jersey, and to the Governors of the several states.
Approved January 29, 1861