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Sec. II. No person, except a native citizen of the United States, shall be eligible to the office of governor; nor shall any person be eligible to that office, who shall not be a freeholder, and shall not have attained the age of thirty years, and have been five years a resident within this state; unless he shall have been absent during that time, on public business of the United States, or of this state.
Sec. III. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the legislature. The persons respectively having the highest number of votes for governor and lieutenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature, shall by joint ballot, choose one of the said persons so having an equal and the highest number of votes, for governor, or lieutenantgovernor.
Sec. IV. The governor shall be general and commander in chief of all the militia, and admiral of the navy of the state. He shall have power to convene the legislature, (or the senate only, on extraordinary occasions. He shall communicate by message to the legislature at every session, the condition of the state; and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished, during the term for which he shall have been elected.
Sec. V. The governor shall have power toʻgrant reprieves and pardons after conviction, for all offences, except treason and cases of impeachment. Upon convictions for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meets ing; when the legislature shall either pardon, or direct the execution of the criminal, or grant a farther reprieve.
Sec. VI. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor, for the residue of the term, or until the governor absent or impeached, shall return, or be acquitted. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military force thereof, he shall still continue commander in chief of all the military force of the state.
Sec. VII. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall act as governor, until the vacancy shall be filled, or the disability shall cease.
ARTICLE FOURTH. Sec. I. Militia officers shall be chosen, or appointed as follows: Captains, subalterns, and non-commissioned officers, shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments, and separate battalions. Brigadier generals, by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff officers of their respective divisions, brigades, regiments, or separate battalions.
Sec. II. The governor shall nominate, and with the consent of the senate, appoint all major-generals, brigade inspectors, and chiefs of the staff depart:
ments, except the adjutant-general, and commissary general. The adjutantgeneral shall be appointed by the governor.
Sec. III. The legislature, shall by law, direct the time and manner of electing militia officers, and of certifying their elections to the governor.
Sec. IV. The commissioned officers of the militia, shall be commissioned by the governor; and no commissioned officer shall be removed from office, unless by the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commission, subject to removal as before provided.
Sec. V. In case the mode of election and appointment of militia officers hereby directed, shall not be found conducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and removal, if two thirds of the members present in each house, shall concur therein.
Sec. VI. The secretary of state, comptroller, treasurer, attorney-general, surveyor-general, and commissary-general, shall be appointed as follows: The senate and assembly shall each openly nominate one person for the said offices respectively: after which they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the senators and members of assembly. The treasurer shall be chosen annually. The secretary of state, comptroller, attorney-general, surveyor general, and commissary-general, shall hold their offices for three years, unless sooner removed by concurrent resolution of the senate and assembly.
Sec. VII. The governor shall nominate, by message in writing, and with the consent of the senate, shall appoint, all judicial officers, except justices of the peace, who shall be appointed in manner following, that is to say: The board of supervisors in every county in this state, shall, at such times as the legislature may direct, meet together; and they, or a majority of them so assembled, shall nominate so many persons as shall be equal to the number of justices of the peace, to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons; and it shall be the duty of the said board of supervisors, and judges of county courts, to compare such nominations, at such time and place, as the legislature may direct: And if on such comparison, the said boards of supervisors and judges of county courts, shall agree in their nominations, in all, or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county; and the person or persons named in such certificates, shall be justices of the peace: and in case of disagreement in whole or in part, it shall be the farther duty of the said boards of supervisors, and judges repectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the said nominations, and appoint so many justices of the peace, as shall be requisite to fill the vacancies. Every person appointed a justice of the peace, shall hold his office for four years, unless removed by the county court, for causes particularly assigned by the judges of the said court. And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defence.
Sec. VIII. Sheriffs and clerks of counties, including the register and clerk of the city and county of New-York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall
happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law, to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the .county shall never be made responsible for the acts of the sheriff: and the governor may remove any such sheriff, clerk or register, at any time within the three years for which he shall be elected, giving to such sherifi, clerk or register, a copy of the charge against him, and an opportunity of being heard in his defence, before any removal shall be made.
Sec. IX. The clerks of courts, except those clerks whose appoitment is provided for in the preceding section, shall be appointed by the courts of which they respectively are clerks; and district attornies, by, the county courts. Clerks of courts and district attornies, shall hold their offices for three years, unless sooner removed by the courts appointing them.
Sec. X. The mayors of all the cities in this state shall be appoiřted anmu. 'ally, by the common councils of the respective cities.
Sec. XI. So many coroners as the legislature may direct, not exceeding four in each county, shall be elected in the same manner as sheriffs, and shall hold their offices for the same term, and be removable in like manner.
Sec. XII. The governor shall nominate, and with the consent of the senate, appoint masters and examiners in chapcery; who shall hold their offices for three years, unless sooner removed by the senate, on the recommendation of the governor. The registers and assistant registers, shall be appointed by the chancellor, and hold their offices during his pleasure.com
Sec. XIII. The clerk of the court of oyer and terminer, and general sessions of the peace, in and for the city and county of New York, shall be appointed by the court of general sessions of the peace in said city, and hold his office during the pleasure of the said court: and such clerks and other officers of courts, whose appointment is not herein provided for, shall be appointed by the several courts, or by the governor, with the consent of the senate, as may be directed by law.
SEC. XIV. The special justices, and the assistant justices, and their clerks, in the city of New-York, shall be appointed by the common council of the said city; and shall hold their offices for the same term, that the justices of the peace, in the other counties of this staté, hold their offices, and shall be removable in like manner..
Sec. XV. All officers heretofore elective by the people, shall continue to be elected; and all other officers, whose appointment is not provided for, by this, constitution, and all officers, whose offices may be hereafter created by law, shall be elected by the people, or appointed, as may by law be directed.
Sec. XVI. Where the duration any office is not prescribed by this constitution, it may be declared by law; and if not sp declared, such office shall be held during the pleasure of the authority making the appointment.
ARTICLE FIFTH. Sec. I. The court for the trial of impeachments, and the correction of errors, shall consist of the president of the senate, the senators, the chancellor, and the justices of the supreme court, or the major part of them; but when an impeachment shall be prosecuted against the chancellor, or any justice of the supreme court, the person so impeached, shall be suspended from exercising his office, until his acquittal; and when an appeal from a decree in chancery siall be heard, the chancellor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence; and when a writ of error shall be brought, on a judgment of the supreme court, the justices of that court, shall assign the rea
sons for their judgment, but shall not have a voice for its affirmance or reversal.
Sec. II. The assembly shall have the power of impeaching all civil officers of this state for mal and corrupt.conduct in office, and for high crimes and misdemeanors : But a majority of all the members elected, shall concur in an impeachment. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence; and no person shall be convicted, without the coöcurrence of two thirds of the members present. Judgment, in cases of impeachment, shall not extend farther than the removal from office, and disqualification to hold, and enjoy, any office of honor, trust or profit, un. der this state; but the party convicted, shall be liable to indictment, and punishinent, according to law.
Sec. III. The chancellor and justices of the supreme court, shall hold their offices during good behaviour, or until they shall attain the age of sixty years.
Sec. IV. The supreme court stialt consist of a chief justice, and two jusrices, any of whom may hold the court.
Sec. V. The state shall be divided, by law, into a convenient number of circuits, not less than four, nor exceeding eight, subject to alteration, by the legislature, from time to time, as the public good may require ; for each of which, a circuit judge shall be appointed, in the same manner, and hold bis office by the sarae tenure, as the justices of the supreme court; and who shall possess the powers of a justice of the supreme court at 'chambers, and in the trial of issues joined in the supreme court; and in courts of oyer and termiler, and gaol delivery. And such equity powers may be vested in the saiờ circuit judges, or in the county courts, or in such other subordinate courts, as the legislature may by law direct, subject to the appellate jurisdiction of the chancellor.
Sec. VI. Judges of the county courts, and recorders' of cities, shall hold their offices for five years; but may be removed by the senate, on the recommendation of the governor, for causes to be stated in such recommendation.
Søg VII. Neither the chancellor, nor justices of the supreme court, nor any circuit judge, shall hold any other ofíce or public trust. All votes for any elective office, given by the legislature or the people, for the chancellor, or a justice of the supreme court; or circuit judge, during his continuance in his judicial office, shall be void.
ARTICLE SIXTII Sec. I. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may by lare exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :
I do solemnly swear, (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of Newa York; and that I will faithfully discharge the duties of the office of according to the best of my ability,
And no other oath, declaration, or test, shall be required as a qualification for any office or public trust.
ARTICLE SEVENTH. Sec. I. No member of this state shall be disfranchised, or deprived of any of the rights or privileges, secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
Sec. II. The trial by jury, in all cases in which it has been heretofore used, shall remain in violate forever; and no new court shall be instituted, but such as shall proceed according to the course of the common law; except such courts of equity, as the legislature is herein authorised to establish.
Sec. III. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state, to all mankind; but the liberty of conscience hereby secured, shall not be so construed as to excuse acts of licentiousness, or jųstify practices inconsistent with the peace, or safety of this state.
Sec. IV. And whereas, the ininisters of the gospel are, by their profession, dedicated to the service of God, and the cure of souls, and qught not to be diverted from the great duties of their functions; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this state.
Sec. V. The militia of this state, shall, at all times hereafter, be armed and disciplined, and in readiness for service; but all such inhabitants of this state, of any religious denomination whatever, as from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, by paying to the state an equivalent in money; and the legislature shall provide by law, for the collection of such equivalent, to be estimated according to the expense, in time, and money, of an ordinary able bodied-militia man.
Sec. VI. The privilege of the writ of habeas corpus, shall not be suspended, unless when in cases of rebellion, or invasion, the public safety may require its suspension.
Sec. VII. No person shall be held to answer for a capital, or otherwise infamous crime, (except in cases of impeachment, and in cases of the militia, when in actual service, and the land and naval forces in tiine of war, or which this state may keep, with the consent of Congress, in time of peace, and in cases of pettit larceny, under the regulation of the legislature ;) unless on presentment, or indictment of a grand jury; and in every trial on impeachment or indictment, the party accused shall be allowed counsel as in civil actions. No person shall be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law: Nor shall private property be taken for public use, withoat just compensation.
Sec. VIII. Every citizen may freely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that right; and no law shall be passed, to restrain, or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence, to the jury; and if it shall appear to the jury, that the matter charged as libellous, is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Sec. IX. The assent of two thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public monies or property, for local or private purposes, or creating, continuing, altering, or renewing, any body politic or corporate.
Sec. X. The proceeds of all lands belonging to this state, except such parts thereof as may be reserved or appropriated to public use, or ceded to the United States, which shall bereafter be sold or disposed of, together with the fund denominated the common school fund, shall be and remain a perpetual