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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 that a majority of the said members shall, from time to time, constitute a A quorum. house to proceed upon business.

Senators, and by whom chosen.

Vide amend

X. And this convention doth further, in the name, and by the au- Number of thority of the good people of this state, ordain, DETERMINE, AND DECLARE, that the senate of the state of New-York shall consist of twenty-four freeholders, to be chosen out of the body of the free holders, 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 all debts charged thereon.

ments to con

rotation in

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.

Manner of

XII. That the election of senators shall be after this manner that 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 district, 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 number of senators is not justly proportioned to the several districts, that the legislature adjust the proportion, as near as may be, to the number 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 the 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 quorum. 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 counties be in the power of the future legislatures of this state, for the con- and districts venience and advantage of the good people thereof, to 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 authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that no member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to the subjects of this state by this constitution, unless by the law of the land, or the judgment of his peers.


No person to disfranchised but by law.

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.

for more than two days but by mutual consent.

Conference between them.

Doors to be open, and

XV. That, whenever the assembly and senate disagree, a conference shall be held in the presence of both, and be managed by committees, to be by them respectively chosen by ballot, That the doors, both of the senate and assembly, shall at all times be kept open to all persons, except when the welfare of the state shall require their debates to be kept secret. And the journals of all their proceedkept and pub. ings shall be kept in the manner heretofore accustomed by the general assembly of the colony of New-York; and, except such parts as they shall, as aforesaid, respectively determine not to make public, be, from day to day, if the business of the legislature will permit, published.

Journals how


XVI. It is, nevertheless, provided, that the number of senators Number of the shall never exceed one hundred, nor the number of the assembly three Senate and As- hundred; but that, whenever the number of senators shall amount sembly Imited. to one hundred, or of the assembly to three hundred, then, and in such case, the legislature shall, from time to time hereafter, by laws for that purpose, apportion and distribute the said one hundred senators and three hundred representatives among the great districts, and counties of this state, in proportion to the number of their respective electors, so that the representation of the good people of this state, both in the senate and assembly, shall for ever remain proportionate and adequate.

See Amendments to Constitution.

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 this governor. state shall be vested in a governor; and that, statedly, once in every three years, and as often as the seat of government shall become When and how vacant, a wise and discreet freeholder of this state shall be, by ballot, 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 who hath the greatest number of votes within the said state, shall be the governor thereof.

to be chosen.

His power.

And duty.

Lt. Governor.

XVIII. That the governor shall continue in office three years, and shall, by virtue 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 occasions; 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 than treason or murder, in which he may suspend the execution of the sentence, until it shall be reported to the legislature, at their subsequent meeting, and they shall either pardon, or direct the execution of the criminal, or grant a further reprieve.

XIX. That it shall be the duty of the governor to inform the legislature, at every session, of the condition of the state, so far as may respect his department; to recommend such matters to their consideration as shall appear to him to concern its good government, welfare, and prosperity; to correspond with the continental congress, and other states; to transact all necessary business with the officers of government, civil and military; to take care that the laws are faithfully executed, to the best of his ability; and to expedite all such measures as may be resolved upon by the legislature.

XX. That a lieutenant governor shall, at every election of a go. vernor, and as often as the lieutenant governor shall die, resign, or be removed from office, be elected in the same manner with the governor, to continue in office until the next election of a governor; and such lieutenant governor shall, by virtue of his office, be president To be president of the senate, and, upon an equal division, have a casting vote in their decisions, but not vote on any other occasion.

of the senate.

His further

And in case of the impeachment of the governor, or his removal power and duty. from office, death, resignation, or absence from the state, the lieutenant governor 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. Pravided, that where the governor shall, with the consent of the legis. lature, be out of the state, in time of war, at the head 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 In his absence a lieutenant governor, or he shall be unable to attend as president of President to be chosen by the 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 exercise pro hac vice. And if, during such vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, re

sign, die, or be absent from the state, the president of the 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 people,

at the succeeding election.

XXII. And this convention doth further, in the name and by the Treasurer. authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that the treasurer of this state shall 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 appointed, shall be appointed in the pointment. manner following, to wit: The assembly shall, once in every year, openly nominate and appoint one of the senators from each See amend. great district, which senators shall form a council, for the appointments to con ment 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 administer the government,) shall be president, and have a casting voice, but no other vote; and, with the advice and consent of the said council, shall appoint all the said officers; and that a majority of the said council be a quorum: And further, 'The said senators shall not be eligible to the said council for two years successively.

tain offices.

XXIV. That all military officers be appointed during pleasure: Tenure of certhat all commissioned 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 offices 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 cer tain judicial of not, at the same time, hold any other office, excepting that of delegate to the general congress, upon special occasions; and that the first judges of the county courts, in the several counties, shall not, at the same time, hold any other office, excepting that of senator, or delegate to the general congress. But if the chancellor, or either of the said judges be elected or appointed to any other office, excepting as is before excepted, it shall be at his option in which to serve.

XXVI. That sheriff's and coroners be annually appointed; and that no person shall be capable of holding either of the said offices more than four years successively; nor the sheriff of holding any other office at the same time.

Sheriffs and co roners.

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; the clerk of the court of pro- marshal, by whom appointbates, by the judge of the said court; and the register and marshal of ed. the court of admiralty, by the judge of the admiralty. The said marshals, registers, and clerks, to continue in office during the pleasure of those by whom they are to be appointed as aforesaid. And all attorneys, solicitors, and counsellors at law, hereafter Attornies, soli to be appointed, be appointed by the court, and licensed by the first sellors, by whou judge of the court in which they shall respectively plead or practice; appointed. and be regulated by the rules and orders of the said courts. XXVIII. And be it further ordained, That where, by this constitution, Duration of the duration of any office shall not be ascertained, such office shall

eitors, and coun


Town officers.

Loan officers,
County treasu-
rer's and super-
visor's clerks.

Delegates to
Vide the man-

ner of electing

be construed to be held during the pleasure of the council of appointment: Provided, that new commissions shall be issued to judges of the county courts (other than to the first judge,) and to justices of the peace, once at the least in every three years.

XXIX. That town clerks, supervisors, assessors, constables, and collectors, and all other officers, heretofore eligible by the people, shall always continue to be so eligible, in the manner directed by the present or future acts of the legislature.

That loan officers, county treasurers, and clerks of the supervisors, continue to be appointed in the manner directed by the present or future acts of the legislature.

XXX. That delegates to represent this state in the general congress of the United States of America be annually appointed, as fol. lows, to wit: The senate and assembly shall each openly nominate as many persons as shall be equal to the whole number of delegates to be appointed; after which nomination they shall meet together, 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 jomt ballot of the senators and members of assembly, so met together as aforesaid.

members of congress directed! by the constitu

Style of laws and form of process.

Court for the

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XXXI. That the style of all laws shall be as follows, to wit: "Be it enacted by the people of the state of New-York, represented in senate and assembly, and that all writs and other proceedings shall run in the name of the people of the State of New-York, and be tested in the name of the chancellor, or chief judge of the court from whence they

shall issue.

XXXII. And this convention doth further, in the name and by the trial of impeach authority of the good people of this state, ORDAIN, DETERMINE, AND correction of er- DECLARE, that a court shall be instituted for the trial of impeachments 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 senators, 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 his office, until his acquittal: and, in like manner, when an appeal, from a decree in equity, shall be heard, the chancellor shall inform the court of the reasons of his decree, but shall not have a voice in the final sentence. And if the cause to be determined 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 peachment, and mal and corrupt conduct in their respective offices, be vested in the manner of pro- representatives of the people in assembly; but that it shall always ceeding. be necessary that two-third parts of the members present shall consent to and agree in such impeachment. 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 honour, trust, or profit, under this state. But the party so convicted shall be, nevertheless, liable and subject to indictment, trial, judgment, and punishment, according to the laws of the land.

Party accused to be allowed counsel.

Law of the state.

XXXIV. And it is further ordained, That in every trial on impeachment, or indictment for crimes or misdemeanors, the party impeached or indicted shall be allowed counsel, as in civil actions.

XXXV. And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE, and DECLARE, that such parts of the common law of England, and of the

statute lav of England and Great-Britain, and of the acts of the legislature of the colony of New-York, as together did forin the law of the said colony on the 19th 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 statutes and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of christians er their ministers, or concern the allegiance heretofore yielded to, and the supremacy, sovereignty, government, or prerogatives, claimed or exercised by the king of Great-Britain and his predecessors, over the colony of New-York and its inhabitants, or are repugnant to this constitution, be, and they hereby are, abrogated and rejected. And this convention doth 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, make 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 his authority, after the fourteenth day of October, one certain period. 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 void, by Charter rights 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 preserv 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 charters, 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 state, 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 Indians within the same, be at all times supported and maintained: AND WHEREAS 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 animosities: Be it ordained, that no purchases or contracts for the sale of lands made since the 14th day of October, Purchases of in the year of our Lord one thousand seven hundred and seventy-five, Indians. lands from the 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 deemed 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 principles of rational liberty, not only to expel civil tyranny, but also to guard 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, ORDAIN, DE- Free exercice of TERMINE, and DECLARE, 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

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