STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
Wednesday, August 13, 1947

labor’s right to organize and bargain collectively. This is all matter that belongs to the realm of legislation.”

FIRST VICE-PRESIDENT: Who speaks on the Amendment? Mr. Carey?

MR. ROBERT CAREY: Amendments No. 3 and No. 6 are practically the same in their operation, so that, as a matter of fact, the discussion of No. 3 will practically conclude the discussion of No. 6. Now, the picture presented is just this: The section involved is the nineteenth section of the Bill of Rights. In the preparation of this Bill of Rights the committee has endeavored to follow the instructions of the Governor given at the outset of this Convention, to make this a streamlined, perfect Constitution. We tackled the preparation of the Bill of Rights in that spirit. We devoted a long number of days to it. We finally reached conclusions which left practically unchanged the Bill of Rights as it has existed and been recognized in this land from the time of adoption of the Constitution of the United States right down to this date. We have been pretty careful about it.

The nineteenth paragraph which is involved here begins as follows: “The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.” This is an exact copy of the Bill of Rights of the country and of the State as it has existed for over 100 years. We concluded after long conferences that no addition should be made to it except in one respect, and in our committee we had wide conflict in that discussion. I think the vote finally was six to five to put the privilege provision in the Report that is now before you.

Now, if we had stopped with the word “grievances,” we would have agreed unanimously. From “grievances” on, our troubles began. A recommendation was made to us that we recognize collective bargaining and agree that whatever the rights were that are involved in it, they should never be impaired. That began the battle, and we could not agree. Finally, when the wording was somewhat changed on the proposition, there was a sufficient number, as I suggested, to agree to make a report, six to five, and it stands as it’s set forth in the Report.

Now, to my mind – and I speak not only for myself but for other members of our committee – the sole object and purpose of the addition to that paragraph in the Report of our committee was to be a declaration by this Convention that we believed there should be placed in our Constitution a ratification of the principle of collective bargaining, as practiced by the labor organizations. I voted against it, and I don’t hesitate to say so, frankly and gruffly; and I speak against it now. I file this protest, and there are others similar to it that could be and have been filed.

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