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N.J. Constitutional Convention: Volume 5 Page 236.

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COMMITTEE ON THE EXECUTIVE, MILITIA AND CIVIL OFFICERS RECORD OF PROCEEDINGS

STATE OF NEW JERSEY&nbspCONSTITUTIONAL CONVENTION OF 1947

COMMITTEE ON THE EXECUTIVE, MILITIA&nbspAND CIVIL OFFICERS

Tuesday, July 8, 1947

(Afternoon session)

(Executive session)

(Minutes)1 The Secretary’s minutes are reproduced because they may clarify the transcript which follows.

The Committee reconvened at 2:00 P. M.

Members present were: Chairman Van Alstyne, presiding, Barus, Eggers, Farley, Feller, Hansen, Miller, S., Jr., Smith, J. S., Walton and Young.

The Committee returned to the discussion on pardon and parole. Mr. William Miller submitted a tentative draft.

Walton moved to include “treason” in paragraph 1; and to add the first sentence of paragraph 2 to paragraph 1, leaving the second paragraph to read: “Paroles shall be granted as may be provided by law.” Motion seconded.

Smith asked why “treason” and “impeachment” should be excluded from the Governor’s power of clemency.

Walton replied that in his opinion treason should never be pardoned, and that impeachment is a special kind of trial within the jurisdiction of the Legislature in which the Governor should not be permitted to have a voice.

Barus moved to change the wording of paragraph 2 to conform to the motion made by Senator Barton, as follows: “A system of paroles shall be established by law.” Motion seconded and carried.

Walton moved the approval of paragraph 3 of the tentative draft. Motion seconded.

Smith moved to amend by substituting the words “armed forces” for “militia.” After a long discussion on wording, Smith withdrew his amendment.

Young moved the approval of the original draft. Motion seconded and carried.

The Committee took up the discussion of the section on the principal departments.

Barus raised a question about the clause “so far as practicable,” in the sentence directing that the functions of government be allocated in the departments according to their major purposes.

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