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The constitution now in force is this third constitution of 1846, with the amendments thereto.

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The first constitution of the State | ings, do establish this constitution; of New York was adopted in conand was 66 Done, in convention, at the vention of the representatives of the Capitol, in the city of Albany, the State of New York at Kingston, 9th day of October in the year 1846, 20th April 1777, and was signed, and of the independence of the "By order, A. Burr, President of United States the 71st. In witness the Convention and delegate from whereof, we have hereunto subscribed Orange County. Attest., James Van our names, John Tracy, President Ingen, Joseph Constant, Secretaries,” and delegate from the county of The second constitution began: "We, Chenango; James F. Starbuck, H. the people of the State of New York, W. Strong, Fr. Seger, Secretaries." acknowledging with gratitude the grace and beneficence of God in permitting us to make choice of our form of government, do establish this constitution;" and was "Done, in convention, at the Capitol, in the city of Albany, the 10th day of November in the year 1821, and of the independence of the United States the 46th. In witness whereof, we have hereunto subscribed our names, Daniel D. Tompkins, President and delegate from the county of Richmond; John F. Bacon, Samuel S. Gardiner, Secretaries; and pursuant to a resolution of the convention, it was also signed by all the members, delegates from the different counties, except by a few. This constitution was ratified by the people at an election held in the several towns and wards of the state, on the 15th, 16th, and 17th days of January 1822. Two amendments to this constitution were proposed by the legislature in 1825, were referred to the legislature of 1826, agreed to by two-thirds of the members elected to each house of that legislature, submitted to the people, and approved and ratified at an election held on the 6th, 7th, and 8th days of November 1826. Four other amendments were likewise adopted-one on each of two occasions, and two on one occasion. The third constitution began: "We, the people of the State of New York, grateful to Almighty God for our freedom, in order to secure its bless

Amendments to the constitution are proposed in the senate and assembly, and if the same are agreed to by a majority of the members elected to each of the two houses, such proposed amendments are tered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and published for three months previous to the time of making such choice; and if, in the legislature so next chosen as aforesaid, such proposed amendments are agreed to by a majority of all the members elected to each house, then it is the duty of the legislature to submit such proposed amendments to the people in such manner and at such time as the legislature prescribes; and if the people approve and ratify such amendments by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendments become part of the constitution.

The second section of the thirteenth article of this third constitution provided that, "At the general election to be held in the year 1866, and in each twentieth year thereafter, and also at such time as the legislature may by law prescribe, the question, 'Shall there be a convention to revise the constitution and amend the same?' shall be decided by the electors qualified to

vote for members of the legislature; and in case a majority of the electors so qualified voting at such election shall decide in favour of a convention for such purpose, the legislature at its next session shall provide by law for the election of delegates to such convention." A convention held in 1867, pursuant to this second section, proposed a new constitution, which was voted upon in parts in November 1869, and rejected, except article 6 (secs. 1 to 27, both inclusive, of the amended constitution now in force). Also, in pursuance to this second section, the question of having a convention was submitted to the vote of the people at the general elections held upon Tuesday, the 9th day of November 1886, and decided affirmatively.

The boundaries of the State of New York are as follows: Beginning at Lyon's Point in the mouth Eastern. of a brook or river called Byram river, where it falls into Long Island Sound, and running thence up along said river to a rock at the ancient road or wading-place in said river, which rock bears north 12° and 45′ east, 550 rods from said point; then north 23° and 45' west, 2292 rods; then east-north-east 13 miles and 64 rods, which lines were established in the year 1725 by Francis Harrison, Cadwallader Colden, and Isaac Hicks, commissioners on the part of the then province of New York, and Jonathan Law, Samuel Eells, Roger Wolcott, John Copp, and Edmund Lewis, commissioners on the part of the then colony of Connecticut, and were run as the magnetic needle then pointed; then along an east-north-east continuation of the last-mentioned course 1 mile, of a mile, and 21 rods to a monument erected in the year 1731 by Cadwallader Colden, Gilbert Willet, Vincent Matthews, and Jacobus Bruyn, junior, commissioners on the

part of said colony; which said monument is at the south-east corner of a tract, known and distinguished as the oblong or equivalent lands; then by a line run by said last-mentioned commissioners on a course south 12° and 30' west, from a monument erected by them in the south bounds of Massachusetts; which monument stands in a valley in the Taghkanick Mountains, 121 rods eastward from a heap of stones, in said bounds on the top or ridge of the most westerly of said mountains; then north 12° and 30' east from a monument erected by said last-mentioned commissioners at said place of intersection, and standing on the north side of a hill southeasterly from the easternmost end of the long pond along the aforesaid line to the aforesaid monument erected in the south bounds of Massachusetts, being the north-east corner of the oblong; then west 9° south along the north bounds of the oblong, 1 mile, of a mile, 21 rods, and 5 links, to a monument erected by said commissioners at the north-west corner of the oblong, and at the distance of 20 miles from Hudson's river; which four last-mentioned lines were established by said last-mentioned commissioners, and were run by them as the magnetic needle pointed in the year 1731; then north 15° 12′ and 9′′ east, along the line established in the year 1787, by Thomas Hutchins, John Ewing, and David Rittenhouse, commissioners appointed by the United States in Congress assembled, 50 miles, 41 chains, and 79 links, to a red or black oak-tree, marked by said commissioners, which said line was run by said last-mentioned commissioners, as the magnetic needle pointed in the year 1787; then north 82° and 20' west, as the magnetic needle pointed in the year 1814, 50 chains to a monument erected for the southwest corner of the State of Vermont, by Smith Thompson, Simeon De Witt,

and George Tibbits, commissioners on the part of this state, and Joseph Beeman, junior, Henry Olin, and Joel Pratt, second, commissioners on the part of the State of Vermont, which monument stands on the brow of a high hill, descending to the west; then northerly in a straight line to a point which is distant 10 chains, on a course south 35° west, from the most westerly corner of a lot of land distinguished in the records of the town of Pownal, in the State of Vermont, as the fifth division of the right of Gamaliel Wallace, and which in the year 1814 was owned and occupied by Abraham Vosburgh; then north 35° east to said corner, and along the westerly bounds of said lot, 30 chains to a place on the westerly bank of Hosick river, where a hemlock-tree heretofore stood, noticed in said records as the most northerly corner of said lot; then north 1° and 20' west, 6 chains to a monument, erected by the said commissioners, standing on the westerly side of Hosick river, on the north side of the highway leading out of Hosick into Pownal, and near the north-westerly corner of the bridge crossing said river; then north 27° and 20′ east, 30 chains through the bed of the said river to a large roundish rock on the north-easterly bank thereof; then north 25° west, 16 chains, and 70 links; then north 29° west, 18 chains, and 60 links, to a white-oak tree at the south-west corner of the land occupied in 1814 by Thomas Wilsey; then north 11° east, 77 chains to the north side of a highway, where it is met by a fence dividing the possession of said Thomas Wilsey, junior, and Emery Hunt; then north 46° east, 6 chains; then south 66° east, 26 chains, and 25 links; then north 9° east, 27 chains, and 50 links, to a blue slatestone, anciently set up for the southwest corner of Bennington; then

north 7° and 30' east, 46 miles, 43 chains, and 50 links, to a bunch of hornbeam saplings on the south bank of Poultney river, the northernmost of which was marked by said lastmentioned commissioners, and from which a large butternut - tree bears north 70° west, 30 links, a large hard maple tree south 2 chains and 86 links, and a white ash-tree on the north side of said river, north 77° east; which said several lines from the monument erected for the southwest corner of the State of Vermont were established by said last-mentioned commissioners, and were run by them as the magnetic needle pointed in the year 1814; then down the said Poultney river, through the deepest channel thereof to East Bay; then through the middle of the deepest channel of East Bay and the waters thereof, to where the same communicate with Lake Champlain ; then through the middle of the deepest channel of Lake Champlain to the eastward of the islands called the Four Brothers, and the westward of the islands called the Grand Isle and Long Isle, or the Two Heroes, and to the westward of the Isle-LaMott, to the line in 45° of north latitude, established by treaty for the boundary-line between the United States and the British dominions; then west along said line to the river St Lawrence; then along the line established by the commissioners appointed under the sixth article of the Treaty of Ghent, into and up the said river St Lawrence to the waters of Lake Ontario ; then along the said line through the waters of said lake and of the Niagara river to the waters of Lake Erie ; Western.

Northern.

then westerly through the same, and along the said line until intersected by a meridian line drawn through the most westerly bent or inclination of Lake Ontario ; then south along said meridian line

to a monument in the beginning of the 43° of north latitude, erected in the year 1787 by Abraham Hardenburgh and William W. Morris, commissioners on the part of this state, and Andrew Ellicott and Andrew Porter, commissioners on the part of the State of Pennsylvania, for the purpose of making the termination of the line of jurisdiction between this state and the said State of Penn

sylvania; then east along Southern. the line established and marked by said last-mentioned commissioners to the 90th milestone in the same parallel of latitude, erected in the year 1786 by James Clinton and Simeon De Witt, commissioners on the part of this state, and Andrew Ellicott, commissioner on the part of Pennsylvania, which said 90th milestone stands on the western side of the south branch of the Tioga river; then east along the line established and marked by said last-mentioned commissioners, to a stone erected in the year 1774 on a small island in the Delaware river by Samuel Holland and David Rittenhouse, commissioners on the part of the colonies of New York and Pennsylvania, for the purpose of marking the beginning of the 43° of north latitude; then down along said Delaware river to a point opposite to the fork or branch formed by the junction of the stream called Mahackamack with the said Delaware river, in the latitude of 41° 21' and 37" north; then in a straight line to the termination, on the east bank of the Delaware river, of a line run in the year 1774 by William Wickham and Samuel Gale, commissioners on the part of the then colony of New York, and John Stevens and Walter Rutherford, commissioners on the part of the then colony of New Jersey; then along said line to a rock on the west side of Hudson's river, in the latitude of 41° north, marked by said commissioners; then

southerly along the west shore, at low-water mark, of Hudson's river, of the Kill Van Kull, of the sound between Staten Island and New Jersey, and of Raritan Bay to Sandy Hook; and then to the place of beginning, in such manner as to include Staten Island, and the islands of Meadow on the west side thereof, Shooter's Island, Long Island, the Isle of Wight (now called Gardner's Island), Fisher's Island, Shelter Island, Plumb Island, Robin's Island, Ram Island, the Gull Islands, and all the islands and waters in the bay of New York, and within the bounds above described.

By an agreement made between the commissioners on the parts respectively of the State of New York and of the State of New Jersey, and dated 16th September 1833, and which became binding on the two states when confirmed by the legislatures thereof respectively, and when confirmed by the Congress of the United States, it was agreed that the boundary-line down the Hudson as described to the main sea should be the middle of the said river, of the bay of New York, of the waters between Staten Island and New Jersey, and of Raritan Bay, to the main sea, except as thereinafter otherwise particularly mentioned. The State of New York retained its then jurisdiction of and over Bedlow's and Ellis's islands, and exclusive jurisdiction of and over the other islands lying in the waters above-mentioned, and then under the jurisdiction of that state.

By Article III. of this agreement the State of New York was given exclusive jurisdiction of and over all the waters of the bay of New York and of Hudson river lying west of Manhattan Island, and to the south of the mouth of Spuytenduyvel Creek, and of and over the lands covered by the said waters to the low-water mark on the westerly or New Jersey side

thereof; subject to the following | water lying between the middle of the

rights of property and of jurisdiction of the State of New Jersey-viz., The State of New Jersey was to have -1st, the exclusive right of property in and to the land under water lying west of the middle of the bay of New York, and west of the middle of that part of the Hudson river which lies between Manhattan Island and New Jersey; 2d, the exclusive jurisdiction of and over the wharves, docks, and improvements on the shore of the said state, and of and over all vessels aground on said shore, or fastened to any such wharf or dock, except that the said vessels should be subject to the quarantine or health laws, and laws in relation to passengers, of the State of New York; 3d, the exclusive right of regulating the fisheries on the westerly side of the middle of the said waters, provided that the navigation be not obstructed or hindered. Article IV. gave the State of New York exclusive jurisdiction of and over the Kill Van Kull between Staten Island and New Jersey to the westernmost end of Shooter's Island, in respect to such quarantine laws and laws relating to passengers, and for executing the same; and also exclusive jurisdiction for the like purposes of and over the waters of the sound from the westernmost end of Shooter's Island to Woodbridge Creek, as to all vessels bound to any port in the State of New York. Article V. -The State of New Jersey got exclusive jurisdiction of and over all the waters of the sound between Staten Island and New Jersey lying south of Woodbridge Creek, and of and over all the waters of Raritan Bay lying westward of a line drawn from the lighthouse at Prince's Bay to the mouth of Mattawan Creek, subject to the following rights of property and of jurisdiction of the State of New York 1st, the exclusive right of property in and to the land under

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said waters and Staten Island; 2d, the exclusive jurisdiction of and over the wharves, docks, and improvements on the shore of Staten Island, and of and over all vessels aground on said shore, or fastened to any such wharf or dock, except that the said vessel shall be subject to the quarantine or health laws, and laws in relation to passengers of the State of New Jersey; 3d, the exclusive right of regulating the fisheries between the shore of Staten Island and the middle of the said waters, provided that the navigation of the said waters. be not obstructed or hindered. Article VI. provided that criminal process issued under the authority of the State of New Jersey against any person accused of an offence committed within that state, or committed on board of any vessel being under the exclusive jurisdiction of that state as aforesaid, or committed against the regulations made or to be made of that state in relation to the fisheries mentioned in the 3d article; and also civil process issued under the authority of the State of New Jersey against any person domiciled in that state, or against property taken out of that state to evade the laws thereof, may be served upon any of the said waters within the exclusive jurisdiction of the State of New York, unless such person or property shall be on board a vessel aground or fastened to the shore of the State of New York, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest, or such property shall be under seizure by virtue of process or authority of the State of New York. Article VII., in similar terms, mutatis mutandis, gave to the State of New York similar right of serving criminal and also civil process against persons and property upon any of the waters within the exclusive jurisdiction of the State of New Jersey.

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