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vernor absent, or impeached, shall return, or be acquitted. Provided, that where 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 in the command of all the m.litary force of the state, both by sea and land,

XXI. That whenever the government shall be administered by the In his absence a Heutenant 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 shail, 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.

See amenil

XXIII. That all officers, other than those who, by this constitution, Council of ap are 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 great district, which senators shall form a council, for the appointments to conment of the said officers, of which the governor for the time being, stitution. or the Beutenant 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 cer that 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 dele- fices. gate 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,

whom appoint

ed.

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 bates, by the judge of the said court; and the register and marshal of 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, solito be appointed, be appointed by the court, and licensed by the first sellors, by whom 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.

citors, and coun.

XXVII. And be it further ordained, That where, by this constitution, Duration of the duration of any office shall not be ascertained, such office shall fees.

Town officers.

Loan officers, county treasurer's and supervisor's clerks.

Delegates to congress.

Vide the man

ner of electing members of congress directed

be construed to be held during the pleasure of the council of ap pointment: 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 follows, 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, 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 and form of process.

Court for the

ments and the

tors.

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 inanner 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 ho nour, 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 neCLARE, that such parts of the common law of England, and of the

statute law 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 teinporary, 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 congress 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.

Grants by the King after a certain period void.

XXXVI. And be it further ordained, That all grants of land within this state, made by the king of Great-Britain, or persons acting under his authority, after the fourteenth day of October, one 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 publica. tion 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.

ed.

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. 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.

lands from the

XXXVIII, And whereas we are required, by the benevolent prin. ciples 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

No ministe or priest to hold any office.

Militia.

Magazines,

so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

XXXIX. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function; 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.

XL. And whereas it is of the utmost importance to the safety of every state, that it should always be in a condition of detence; and it is the duty of every man who enjoys the protection of society, to be prepared and willing to defend it; this convention, therefore, in the name, and by the authority of the good people of this state, BOTH ORDAIN, DETERMINE AND DECLARE, That the militia of this state, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this state (being of the people called Quakers) as from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature, and do pay to the state such sums of money, in lieu of their personal service, as the same may, in the judgment of the legislature, be worth: And that a proper magazine of warlike stores proportionate to the number of inhabitants, be, forever hereafter, at the expense of this state, and by acts of the legislature, established, maintained, and continued, in every county in this state.

XLI. And this convention doth further onDAIN, DETERMINE AND DECLARE, in the name, and by the authority of the good people of Trial by fury. this state, that trial by jury, in all cases, in which it hath heretofore been used in the colony of New-York, shall be established, and remain inviolate forever: And that no acts of attainder shall be passed by the legislature of this state, for crimes other than those com. mitted before the termination of the present war; and that such. acts shall not work a corruption of blood. And further, that the legislature of this state shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law.

New courts.

Naturalization.

XLII. And this convention doth further, in the name and by the authority of the good people of this state, oRDAIN, DETERMINE AND DECLARE, That it shall be in the discretion of the legislature to naturalize all such persons, and in such manner, as they shall think proper; provided all such of the persons so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this state, shall take an oath of allegiance to this state, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate, and state, in all matters, ecclesiastical as well as civil.

By order:

LEONARD GANSEVOORT, Pres. pro tem.

Preamble.

AMENDMENTS.

In Convention of the Delegates of the State of New-York.
ALBANY, OCTOBER 27, 1801.

WHEREAS the legislature of this state, by their act passed the sixth day of April last, did propose to the citizens of this state to elect by ballot delegates to meet in convention, for the purpose of considering the parts of the constitution of this state, respecting "the number of senators and members of assembly in this state, "and with power to reduce and limit the number of them as the said

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"convention might deem proper; and also for the purpose of con"sidering and determining the true construction of the twenty-third "article of the constitution of this state relative to the right of no"mination to office."

And whereas the people of this state have elected the members of this convention for the purpose above expressed; and this convention having maturely considered the subject thus submitted to their determination, do, in the name and by the authority of the people of this state, ORDAIN, DETERMINE AND DECLARE :

I. That the number of the members of the assembly hereafter to Members of Asbe elected, shall be one hundred, and shall never exceed one hun- sembly to be 100 dred and fifty.

and never to exceed 155.

To be apportioned by the

II. That the legislature at their next session, shall apportion the said one hundred members of the assembly among the several counties of this state, as nearly as may be, according to the number of Legislature. electors which shall be found to be in each county by the census directed to be taken in the present year.

III. That from the first Monday in July next, the number of the Namber of Sensenators shall be permanently thirty-two, and that the present num- ators reduced to ber of senators shall be reduced to thirty-two in the following man- 32, and the manner, that is to say :-The seats of the eleven senators composing the ner of reducing. first class, whose time of service will expire on the first Monday in July next, shall not be filled up and out of the second class the seats of one senator from the middle district, and of one senator from the southern district, shall be vacated by the senators of those districts belonging to that class, casting lots among themselves; out of the third class the seats of two senators from the middle district, and of one senator from the eastern district, shall be vacated in the same manner; out of the fourth class the seats of one senator from the middle district, of one senator from the eastern district, and of one senator from the western district, shall be vacated in the same manner; and if any of the said classes shall neglect to cast lots, the senate shall in such case proceed to cast lots for such class or classes so neglecting. And that eight senators shall be chosen at the next election in such districts as the legislature shall direct, for the purpose of apportioning the whole number of senators amongst the four great districts of this state, as nearly as may be, according to the number of electors qualified to vote for senators, which shall be found to be in each of the said districts by the census above mentioned; which eight senators so to be chosen shall form the first class.

arrive to 150

IV. That from the first Monday in July next, and on the return of Mode of inevery census thereafter, the number of the assembly shall be increasing the As creased at the rate of two members for every year, until the whole sembly till it number shall amount to one hundred and fifty; and that upon the and the Legislafeturn of every such census, the legislature shall apportion the sena- ture to appor tors and members of the assembly amongst the great districts and tion Senators counties of this state, as nearly as may be, according to the number men. and Assemblyof their respective electors: Provided, That the legislature shall not be prohibited by any thing herein contained, from allowing one member of assembly to each county, heretofore erected within this

state.

tion declared as

V. And this convention do further, in the name and by the at- True construc. thority of the people of this state, cRDAIN, DETERMINE AND DE- tion of 234 arCLARE, That by the true construction of the twenty-third article of ticle of constituthe constitution of this state, the right to nominate all officers other to the council of than those who by the constitution are directed to be otherwise ap- appointment. pointed, is vested concurrently in the person administering the go.. vernment of this state for the time being, and in each of the members of the council of appointment.

By order,

Attest,

JAMES VAN INGEN,

JOSEPH CONSTANT,

A. BURR, President of the Convention,
and Delegate from Orange Countys

} Secretaries.

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