State v. Post

20 N.J.L. 368 (1845)

Facts

In 1844 New Jersey (D) adopted a new constitution. The constitution of D had a clause stating that all men are by nature free and independent. It stated that men were endowed with certain natural and unalienable rights such as enjoying and defending life and liberty, acquiring, possessing or protecting property, and the pursuit of safety and happiness. The slave system was challenged by abolitionist on P’s behalf as being inconsistent with the new state constitution which made slavery illegal. D demurred.