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VIII. That every elector, before he is admitted to vote, shall, if Oath of allegi. required by the returning officer or either of the inspectors, take an oath, or if of the people called quakers, an affirmation, of allegiance to the state.
IX. That the assembly thus constituted, shall chuse their own Privileges of speaker, be judges of their own members, and enjoy the same privi- members of As.
sembly. leges, and proceed in doing business, in like manner as the assemblies of the colony of New York of right formerly did ; and thai a majority of the said members shall, from time to time, constitute a A quorum. house to proceed upon business.
X. And this convencion doth further, in the name, and by the au. Number of thority of the good people of this state, ORDAIN, DETERMINE, AND DE- Senators, and CLARE, that the senate of the state of New York shall consist of sen. twenty-four freelolders, to be chosen out of the body of the free Vide amendholders, and that they be chosen by the freeholders of this state, pos. stitution. sessed of freeholds of the value of one hundred pounds, over and above ali debts charged thereon.
XI. That the members of the senate be elected for four years, and, Their term of immediately after the first election, they be divided by lot into four election, and classes, six in each class, and numbered one, two, three, and four; and office. that the seats of the members of the first class shall be vacated at the expiration of the first year ; the second class the second year, and so on continually, to the end, that the fourth part of the senate, as nearly as possible, may be annually chosen. XII. That the election of senators shall be after this manner : that
Manner of so much of this state as is now parcelled into counties, be divided into choosing. four great districts: the southern district to comprehend the city and county of New York, Suffolk, West-Chester, Kings, Queens, and Richmond counties; the middle district to comprehend the counties of Dutchess, Ulster, and Orange; the western district, the city and county of Albany, and Tryon county; and the eastern districi, the counties of Charlotte, Cumberland and Gloucester. That the senators shall be elected by the freeholders of the said districts, qualified as aforesaid, in the proportions following, viz: in the southern district, nine ; in the middle district, six; in the western district, six; and in the eastern district, three. And be it ordained, that a Census, and apcensus shall be taken as soon as may be, after the expiration of seven portionment of years from the termination of the present war, under the direction of the Senators, the legislature; and if, on such census, it shall appear that the oum. ber of senators is not justly proportioned to the several districts, that the legislature adjust the proportion, as near as may be, to the num. ber of freeholders, qualified as aforesaid, in each district. That when the number of electors within any of the said districts shall have increased one twenty-fourth part of it.e whole number of electors, which by the said census shall be found to be in this state, an additional senator shall be chosen by the electors of such district. That a A quorta. majority of the number of senators, to be chosen as aforesaid, shall be necessary to constitute a senate sufficient to proceed upon busi. To be judges of ness; and that the senate shall, in like manner with the assembly, their own mem. be the judges of its own members. And be it ordained, that it shall other countica be in the power of the future legislatures of this sta e, for the con- and districts venience and advantage of the good people thereof, io divide the may be erected. same into such further and other counties and districts, as to them shall appear necessary. XIII. And this convention doth further, in the name and by the au. No person to
distranchised thority of the good people of this state, ORDAIN, DETERMINE, AND DE
but by law, CLARE, that no member of this state shall be disfranchised, or de. prived of any of the rights or privileges secured to the subjects of this state by ibis constitution, unless by the law of the land, or the judgment of his peers.
XIV. That neither the assembly or the senate shall have power No adjournment to adjourn themselves for any longer time than two days, without of either house the mutual consent of both.
two days but by mutual consent.
ments to Con
Conference be XV. That, whenever the assembly and senate disagree, a conference tween them.
shall be held in the presence of both, and be managed by commit. Doors to be tees, to be hy them respectively chosen by ballor, That the doors, open, and
both of the senate and assembly, shall at all times we kept open to
debates to be kept secret. And the journals of all their proceed.
they shall, as aforesaid, respectively determine not to make public,
XVI. It is, nevertheless, provided, that the number of senators
such case, the legislature shall, from time to time hereafter, by laws
for that purpose, apportion and distribuie the said one hundred See Amend
senators and three bundred representatives among the great districts, stitution. and counties of this state, in proportion to the number of their re.
spective electors, so that the representation of the good people of
XVII. And this convention doth further, in the name and by the Executive pow. authority of the good people of this state, ORDAIN, DETERMINE, AND er vested in a DECLARE, that the supreme executive power and authority of tbis gorernor. state shall be vested in a governor; and thal, statedly, once in every
three years, and as often as the seat of government shall become When and how vacani, a wise and discreet freeholder of this state shall be, by ballot, to be chosen.
elected governor, by the freeholders of this state, qualified, as before described, to elect senators, which elections shall be always held at the times and places of choosing representatives in assembly for each respective county ; and that the person wlio ha h the greatest num.
ber of votes within the said state, shall be the governor thereof. His power.
XVIII. That the governor shall continu in office three years, and shall, by viriue of his office, be general and comma der in chief of all the militia, and admiral of the navy, of this state; that he shall have power to convene the assembly and senate on extraordinary oce casions; to prorogue them from time to time, provided such prorogations shall not exceed sixty days, in the space of any one year; and, at his discretion, to grant reprieves and pardons to persons convicted of crimes other iban ireason or murder, in which he may suspend the execution of the sentence, until it shall be reported 10 the legislature, at their subsequent meeting, and they shall either pardon, or
direct the execution of the criminal, or grant a further reprieve. And duty,
XIX. That it shall be the duiy of the governor to inform the legislature, at every session, of the condition of the state, so far as may respect his department; to recominend such matters to their con. sideration as shall appear to liim to concern its good government, welfare, and prosperity; to correspond with the continental congress, and other states ; to transact all necessary business with the others of government, civil and military; to take care that the laws are faithfully exccuted, to the best of his ability; and to expedite all
such measures as may be resolved upon by the legislature. Lt. Governor XX. That a lieutenant governor sball, at every election of a go.
vernor, and as of:en as the lieutenant governor sball die, resign, or be reinoved from office, be elected in the same manner with the governor, to continue in office until the next election of a gorernor ; and
such lieutenant governor shall, by viriue of his office, be president To be president of the sena'e, and, upon an equal division, have a casting vote in
their decisions, but not vote on any other occasion. His further And in case of he impeachment of the governor, or his removal power and duty, froin office, death, resignation, or absence from the state, the lieu
tenant gover or shall exercise all the power and authority appertaining to the office of governor, until another be chosen, or the go
vernor absent, or impeached, shall return, or be acquitted, Provideil, that where the governor shall, will the consent of the legis. lature, be out of the state, in time of war, at the lead of a military force thereof, he shall still continue in the command of all the military force of the state, both by sea and land.
XXI. That whenever the government shall be administered by the lu his absence a lieutenant governor, or he shall be unable 10 attend as president of President you be the senate, the senators shall have power to elect one of their own senate. members to the office of president of the senate, which he shall ex. ercise pro hac vice. And if, during such vacancy of the office of go. vernor, the lieutenant governor shall be impeached, displaced, resign, die, or be absent from the state, the president of ile senate His power and shall, in like manner as the lieutenant governor, administer the go. duty. vernment, until others shall be elected by the suffrage of the pecple, at the succeeding election.
XXII. And this convention doth further, in the name and ty the Treasurer. authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that the treasurer of this stale sluall be appointed by act of the legislature, to originate with the assembly. Provided, that he shall not be elected out of either branch of the legislature.
XXIII. That all officers, other than those who, by this constitution, Council of apare directed to be otherwise appointell, shall be appoiuted in the pointment. manner following, to wit: The assembly shall, once in every year, openly nominate and appoint one of the senators from each great district, which senators shall form a council, for the appoint- menus 10 con.
See amendment of the said officers, of which the governor for the time being, stitution. or the lieutenant governor, or the president of the senate, (when they shall respectively aclminister the government,) shall be president, and have a casting voice, but no other vote; all, with the advice and consent of the said council, shall appoint all the said officers; and that a majority of the said council
a quorum : And further, 'The said senators shall not be eligible to the said council for two years successively.
XXIV. 'i'bat all military officers be appointed during pleasure : Tenure of certhat all cominissioned officers, civil and military, be commissioned by the governor ; and that the chancellor, the judges of the supreme court, and first judge of the county court in every county, hold their otices during good behaviour, or until they shall have respectively attained the age of sixty years, XXV. That the chancellor and judges of the supreme court shall Tenure of ser:
tain judicial of not, at the same time, bold any other office, excepting that of dele. hces. gate to the general congress, upon special occasions; and what the frst judges of the county courts, in the several counties, shall not, at the same time, liold any other office, excepting that of senator, or de. legate to the general congress. But if ihe chancellor, or eitlser of the said judges be elected or appointed to any other office, excepting as is before excepied, it shall be at his option in which to serve. XXVI. That sheriff's and coroners be annually appointed ; and
Sheriffs and com that no person shall be capable of holding either of ile said offices roners. more than four years successively; nor the sheriff of hulding any other office at the same time. XXVII. And be it further ordained, 'That the register, and clerks in
Registers, chancery, be appointed by the chancellor ; the clerks of the supreme clerks, and court, by the judges of the said court; thie clerk of the court of pro. marshal, by,
whom appoints bates, by the judge of the said court; and the register and marshal of ed. the court of admirally, by the judge of the admiralıy. Tlie said marshals, registers, and clerks, to continue in office during the pleasure of those by whom they are to be appoin'ed as aforesaid.
And all attorneys, solicitors, and counsellors at law, hereafter Attornies, solito be appointed, be appointed by the court, and licensed by the first sellors, by woon judge of the court in which they shall respectively plead or practice ; appointed. and be regulated by the rules and orders of the saill courts.
XXVIII. And be it further ordained, That where, by this constitution, Daration of the duration of any otfice shall not be ascertained, much office shall
and forin of
ments and the
be construed to be held during the pleasure of the council of appointment: Provideil, Ibat new commissions shall be issued to judges of the county courts (other than 10 the first judge,) and to justices
of the peace, once at ihe least in every three years. Town officers.
XXIX. That town clerks, supervisors, assessors, constables, and col. lectors, and all other officers, heretofore eligible by the people, sball always continue to be so eligible, in the manner directed by the pre
sent or future acts of the legislature. Loan officers, That loan officers, county treasurers, and clerks of the supervisors, county treasu
continue to be appointed in the manner directed by the present or rer's and supervisor's elerks.
fuwre acts of the legislature. Delegates to
XXX. That delegates to represent this state in the general con. congress. gress of the United States of America de annually appointed, as fol. Vide the man
lows, to wit: The senate and assembly shall each openly nominate her of electing as many persons as shall be equal to the whole number of delegates members of con
to be appointed ; after which nomination they shall meet together, Fress directer! by the constitu. and those persons named in both lists, shall be delegates ; and out of tion of the Uni· those persons whose names are not on both lists one half shall be ted States.
chosen by the joint ballot of the senators and members of assembly,
so met together as aforesaid. Style of law's XXXI. That the style of all laws shall be as follows, tu wit : “ Be
it enacted by the people of the state of New York, represented in senate process.
and assembly, and ihat all writs and other proceedings shall run in the name of the people of the Staty of New York, and be tested in the name of the chancellor, or chief judge of the court from whence they
shall issue. Court for the XXXII. And this convention doth further, in the name and by the trialuf impeach. authority of the good people of this state, ORDAIN, DETERMINE, AND correction of er
DECLARE, that a court shall be instiluled for the trial of impeachmenis and the correction of errors, under the regulations which shall be established by the legislature, and to consist of the president of the senate for the time being, and the senalors, chancellor, and judges of the supreme court, or the major part of them ; except that when an impeachment shall be prosecuted against the chancellor, or either of the judges of the supreme court, the person so impeached shall be suspended from exercising bis office, until his acquittal : and, in like manner, when an uppeal, from a decree in equily, shall be heard, the chancellor shall inform the court of lliertásons of his decree, but shall not have a voice in the final sentevce. And if the cause to be determineil shall be brought up by writ of error, on a question of law, on a judgment in the supreme court, the judges of the court shall assign the reasons of such their judgment, but shall not have a
voice for its affirmance or reversal. Power of in
XXXIII. That the power of impeaching all officers of the state, for peschinent, and mal and corrupt conduct in their respective offices, be vested in the inanner of pro- representatives of the people in assembly; but that it shall always cteding
be necessary that two-third paris of the members present shall con. sent to and agree in such impeaclıment. That, previous to the trial of every impeachment, the members of the said court shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence; and that no judgment of the said court shall be valid unless it shall be assented to by two-third parts of the members then present; nor shall it extend farther than to removal from office and disqualification to hold or enjoy any place of ho. nour, trust, or profil, under this state. But the party so convicted shall be, nevertheless, liable and subject to indictment, trial, judg
inent, and punislıment, according to the laws of the landl. Party accused XXXIV. And it is further ordaineil, That in every trial on impeach. tu be allowed
ment, or indictment for crimes or inisdemeanors, the party impeached counse).
or inilicted shall be allowed counsel, as in civil actions. Law of the state. XXIV. And this convention doth further, in the name and by the
authority of the good people of this state, ORDAIN, DETERMINE, and ne. CLARE, that such parts of the common law of England, and of the
statute la v of England and Great-Britain, and of the acts of the le. gislature of the colony of New York, as together did forin the law of the said colony on the 19ih day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this state, subject to such alterations and provisions as the legislature of this state shall, from time to time, make concerning the same. That such of the said acts as are temporary, shall expire at the times limited for their duration respectively. That all such parts of the said common law, and all such of the said sta'utes and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of christians or their minis. ters, or concern the allegiance heretofore yielded to, and the supre. macy, sovereignty, government, or prerogaiives, claimed or exercised by the king of Great-Britain and his predecessors, over the colony of New-York and its inbabitants, or are repugnant to this constitution, be, and they hereby are, abrogated and rejected. And this convention douh further ordain, that the resolves or resolutions of the con. gress of the colony of New York, and of the convention of the state of New York, now in force, and not repugnant to the government established by this constitution, shall be considered as making part of the laws of this state; subject, nevertheless, to such alterations and provisions as the legislature of this state may, from time to time, inake concerning the same.
XXXVI. And be it further ordained, That all grants of land Grants by the within this state, made by the king of Great-Britain, or persons act. King after a ing under bis authority, after the fourteenth day of October, one certain period
void. thousand seven hundred and seventy-five, shall be null and void; but that nothing in this constitution contained, shall be construed to affect any grants of land, within this state, made by the authority of the said king or his predecessors, or to annul any charters to bodies politic, by him or them, or any of them, made prior to that day. And that none of the said charters shall be adjudged to be yoid, by Charter rigtits reason of any nonuser or misuser of any of their respective rights or and former privileges, between the nineteenth day of April, in the year of our grants present. Lord one thousand seven hundred and seventy-five, and the publication of this constitution. And further, that all such of the officers, described in the said charters respectively, as, by the terms of the said chartere, were to be appointed by the governor of the colony of New York, with or without the advice and consent of the council of the said king, in the said colony, shall henceforth be appointed by the council established by this constitution for the appointment of officers in this stale, until otherwise directed by the legislature.
XXXVII. And whereas it is of great importance to the safety of this state that peace and amity with the hidians within the same, be at all times supported and maintained : And WIENEAS the frauds, too often practised towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discontents and animositics : Be iT ORDAINED, that no purchases or contracts for the sale of lands made since the 14th day of October, Purchases of
lands from the in the year of our Lord one ihousand seven hundred and seventy-five,
Indians. or which may hereafter be made with or of the said Indians, within the limits of this state, shall be binding on the said Indians, or deem. ed valid, unless made under the authority and with the consent of the legislature of this state.
XXXVIII. And whereas we are required, by the benevolent prin. ciples of rational liberly, not only to expel civil tyranny, but also to guardi against that spiritual oppression and intolerance wherewith the bigotry and ambition of weak and wicked priests and princes have scourged mankind : this convention doth further, in the name and by the authority of the good people of this state, orpaiN, DE. Free exerciee of TENMINE, and vecLARE, that the free exercise and enjoyment of reli. religion. gious profession and worship, without discrimination or preference, shall for ever hereafter be allowed within this state to all mankind! Provided, that the liberty of conscience hereby granted shall not be