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NEW YORK. Confiitution of the State of New York, established by the Cono

vention, authorised and empowered for that purpose, April 20, 1777

HIS Convention, in the name and by the authodain, determine and declare, that no authoriiy shall, on any pretence whatsoever, be exerciled over the people or members of this State, but such as shall be de. rived from and granted by them.

II. This Convention doth further, in the name and by the authority of the good People of this Srate, ordain, determine and declare, that the Supreme Legillative power, within this State, shall be vered in two separate and distinct bodies of men--the one to be call. ed, the Assembly of the Stare of New-York-the other to be called, the Senate of the Stare of New Yorkwho together thall form the Legislature, and meet once at lealt in every year for the dispatch of business.

Ill. And whereas, laws, inconsistent with the fpirit of this Constitution, or with the public good, may be haitily and unadvisedly passed, be it ordained, that the Governor, for the tiine being, the Chancellor, and the Judges of the Supreme Court-or any two of them together with the Governor--hall be, aud hereby are, conttituted a Council, to revise all bills about to be passed into laws by the Legislature; and for that purpose shall assemble themselves from time to time, when the Legislature thall be convened ; for which, nevertheless, they fhall not receive any, lalary or consideration, under any prerence whatever. And that all bills, which have passed the Senate and Arsembly, hall, before they become laws, be presented to the laid Council, for their revisal and consideration : and if, upon such revision and confideration, it should appear improper to the fạid Council, or a majority of them, that the said bill thould become a law of this

State

Siate, that they return the fame, together with their objections chereto in writing, to the Senate or House of Assembly (in whichfoever the same shall have originated) who shall enter the objections, fent down by the Council, at large their minutes, and proceed to reconsider the said bill. But if, after such reconsidera: tion, two-thirds of the said Senate or House of Aflein. bly, thall notwithstanding the laid objections, agree to pass the fame, it fhall, together with the objectious, be fent to the other branch of the Legislature, where it fall also be re-considered, and if approved by twothirds of the members present, shall be a law.

And in order to prevent any unnecellary delays, be it further ordained, that if any bill shall not be returned by the Council, within ten days after it shall have been prelented, the fame shall be a law, unless the Legislature ihall, by their adjournment, render a return of the said bill within ten days impracticable; in which case, the bill thall be returned on the first day of the meeting of the Legiflature, after the expiration of the said ten days.

IV. That the Assembly shall consist of at least seventy members, to be annually chosen in the leveral coun. ries, in the proportions following, viz. For the City and County of N.York, nine TheCounty of Orange, four Albany, ten

King's; two The County of Duchess, seven

Richmond, two Welt-chester, fix

Tryon, fix Ulster, fix

Charlotte, four Suffolk, five

Cumberland, three Queen's, four

Gloucester, two V. That as foon after the expiration of seven years, (fubfequent to the termination of the prefent wary as may be, a census of the electors and inhabitants in this State be taken, under the direction of the Legillature. And if, on such census, it fall appear, that ihe number of Representatives in Assembly, from the said counties, is not judly proportioned to the number of electors, in the said counties respectively, that the Legislature do adjust and apportion the same by that rule. And further, that once

in
every
leven

years, after the taking of the said first ccnsus, a jutt account

of

of the electors, resident in each county, Mall be taken: and if it thall thereupoo appear, that the poinber of ele&ors, in any county, mall have increased or diminished one or more leventieth parts of the whole number of clectors, whiclı, on the raid first census, thall be found in this State, the number of Representatives for such county shall be iacrealed or diminilhed accordingly - that is to say, une Representative for every leventi. eth part as aforesaid,

Vi. And whereas an opinion hath long prevailed a. mong divers of the good people of this State, that voting ac elections by ballot, would tend niore to preserve the liberty and egual freedom of the people, than vote ing viva voce :--To the end, therefore, that a fair experiment be made, which of those two methods of vote ing is to be preferred :

Be it ordained, that as soon as may be after the ternination of the present war between the United States of Ainerica and Great Britain, an act or acis be passed by the Legislature of this State, for cauting allelections thereafter to be held in this State, for Senators and Representatives in Assembly, to be by ballot, and directing the manner, in which the same shall be conducted. And whereas it is poflible, that after all the care of the Legislature, in framing the said act or acts, certaiu inconveniences, and mischiefs, unforeseen at this day, may be found to attend the said mode of electing by ballot :

It is furcher ordained, that if, after a full and fair experiment fhall be made of voting by ballot aforesaid, the faine shall be found leis conducive to the fatety or in. Merest of the State, than the method of voting viva voce, it shall be lawful and conititutional for the Legislature to abolish the same; provided, two-thirds of the Members present in each House respectively, shall concur therein: And further, thar, during the continuance of the present war, and until the Legislature of this State Mall provide for the election of Senators and Reprefentatives in Assembly, by ballot, thefaid elections thall be made viva voce.

That

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VII. That every male inhabitants of full age, who shall have personally resided within one of the counties of this state for six months immediately preceding the day of election, shall at such election, be entitled to vote for Representatives of the said county in Assembly; if during the time aforesaid, he shall have been a freeholder, possessing a freehold of the value of twenty pounds, within the said county, or have rented tenement therein, of the yearly value of forty shillings, and been rated and actually paid taxes to this State : provided, always, that every person, who now is a freeman of the city of Albany, or who was made a freeman of the city of New York, on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-live, and shall be actually and usually resident in the said cities respectively, shall be entitled to vote for Representatives in Assembly within his said place of residence.

VIII. That every elector, before he is admitted to vote, shall if 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 Speaker, be judges of their own members, and enjoy the same privileges, and proceed in doing business, in like manner, as the assemblies of the colo ny of New-York of right formerly did ; and that a majority of the said members shall, from time to time, coristitute a House, to proceed upon business.

X. And this Convention doth further, in the name and by the authority 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 freeholders, and by the freeholders of this State, possessed of free. holds of the value of one hundred pounds, over and above all debts charged thereon.

XI. That the members of the Senate be elected for four years ; and immediately after the first election, they be divided by lot into fourclasses, six in each class, and numbered one, two, three, and four ; that the seats

of

of the first class shall be vacated at the expiration of the first year, the second class the second year, and so on continually ; tɔ the end, that the 4th part of the Senate, as nearly as possible, may be annually chosen.

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 four districts ; the South. ern district to comprehend the city and county of NewYork, Suffolk, West Chester, Kings, Queens, and Richmond counties ; the middle district to comprehend the counties of Duchess, Ulster, and Oranje; the Western district, the city and county of Albany, and Tyron county ; and the Eastern district, the condties of Charlotte, Cumberland, and Gloucester. the Senators shall be elected by the freeholders of the said districts, in the proportions following: to wit, in test Southern district, nine ; in the middle aistrict, siz; in 1536 Western district, six; in the Eastern Listrict, tisto And be it ordained, that a census shall be taken: 22 56072 as may be, after the expiration of seven years termination of the present war, under the distance the Legislature ; and if, on such census, it sheli , that the number of Senators is not justly proporcionar to the several districts, that the Legislatura 2 proportion, as near as may be, to the antar wie holders, qualified as aforesaid, in cast, okret when the number of electors, within 2.5 districts, shall have increased one twenty fuum. arca the whole number of electors, which, by the sus, shall be found to be in this state, an acto nator shall be chosen by the electors of neurone That a majority of the number of Series, 2*ste sen as aforesaid, shall be necessary to Cittura a te ate, sufficient to proceed upon business ; ad lutte Senate shall in like manner with the Assemily, tre judges of its own members. And be i Ordainkig is, it shall be in the power of the future Legislatures this State, for the convenience and idratare viac good people thereof, to divide the same into such for ther and other counties and districts, as shall vo tien appear necessary.

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