No person to be disfranchised.

Trial by jury.

Less than twelve

jurymen in justices' courts.

Waiver of jury trial.

Religious liberty.

Suspension of writ of

THE PROPOSED

NEW CONSTITUTION

OF THE

STATE OF NEW YORK.

WE, THE PEOPLE of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION:

ARTICLE I.

SECTION 1. 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. 2. The trial by jury in all cases in which it has heretofore been used shall remain inviolate forever; except that in suits in justices' courts provision may be made by law for trial by a jury of less than twelve men, but a jury trial may be waived by the parties in all civil cases.

SEC. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be incompetent to be a witness on account of his religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State.

SEC. 4. The privilege of the writ of habeas corpus shall not habeas corpus. be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

Excessive bail. Excessive fines.

SEC. 5. Excessive bail shall not be required, nor excessive Cruel & unusual fines imposed, nor shall cruel or unusual punishment be inDetention of flicted; nor shall witnesses be unreasonably detained.

punishment.

witnesses.

Grand jury indictment.

SEC. 6. No person shall be held to answer for a capital or otherwise infamous crime, unless on indictment by a grand Exceptions. jury, except in cases of impeachment, and in cases arising in

WE, THE PEOPLE of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION:

ARTICLE I.

disfranchised.

SECTION 1. No member of this State shall be disfranchised, or No person to be 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. 2. The trial by jury in all cases in which it has been here- Trial by jury. tofore used, shall remain inviolate forever; but a jury trial may

trial.

be waived by the parties in all civil cases in the manner to be Waiver of jury prescribed by law.

SEC. 3. The free exercise and enjoyment of religious profession Religious liberty. and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

SEC. 4. 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.

writ of

Suspension of habeas corpus.

Excessive bail.

SEC. 5. Excessive bail shall not be required, nor excessive fines Excessive fines. imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

SEC. 6. No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of militia when in actual service; and the land and

Cruel & unusual punishment. Detention of witnesses.

Grand jury indictment.

Exceptions.

Defence.

the militia when in actual service, and in the land and naval forces in time of war, or in the forces which the State may keep with the consent of Congress, in time of peace, and in cases of petit larceny under the regulations of the Legislature. In any trial in any court the party accused shall be confronted with the witnesses against him, and be allowed to appear and defend in person and with counsel as in civil actions. No person shall be twice put in jeopardy for the same offence, nor shall he be comaccused persons. pelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process Private property of law; nor shall private property be taken for public use, without just compensation.

Rights of

for public use.

Compensation for private

for public use.

Opening of private roads.

SEC. 7. When private property shall be taken for public use, property taken the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, with the expenses of the proceedings, shall be paid by the person to be benefited. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the sole possession of the railroad company while used for such purposes. General laws may be passed permitting the owners or occupants of lands to construct and maintain necessary drains and ditches for agricultural purposes, across the lands of others, under proper restrictions and with just compensation; but no special laws shall be enacted for such purposes.

Fee of railroad lands.

Drains and ditches.

Freedom of speech and of the press.

Libel.

No unreasonable seizures

or searches.

SEC. 8. 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 criminal prosecutions for libel, the truth may be given in evidence to the jury; and if it shall appear that the matter charged as libellous is true and was published with good motives and for justifiable ends, the accused shall be acquitted; and the jury shall have the right to determine the law and the fact.

SEC. 9. The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and

Defence.

naval forces in time of war, or which this State may keep with the consent of Congress, in time of peace; and in cases of petit larceny, under the regulation of the Legislature,) unless on presentment or indictment of a grand jury, and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; 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 private property taken for public use, without just compensation.

SEC. 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.

Rights of accused persons.

for public use.

SEC. 8. 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 criminal 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.

Freedom of speech and of the press.

Libel.

No warrant

without

searches, shall not be violated; and no warrant shall issue withprobable cause. out probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

Right of petition.

Right of property in lands.

Escheats.

Feudal tenures abolished.

Allodial tenure.

Certain leases invalid.

Fines & quarter sales abolished.

Old colony laws and acts of

Common law.

SEC. 10. No law shall be passed abridging the right of the people peaceably to assemble and petition the government or any department thereof.

(See Art. I., Sec. 20, Proposed Constitution.)

SEC. 11. The people of this State, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people.

SEC. 12. All feudal tenures of every description, with all their incidents, are declared to be abolished; saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved.

SEC. 13. All lands within the State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.

SEC. 14. No lease or grant of agricultural land hereafter made for a longer period than twenty years, in which is reserved any rent or service, shall be valid.

SEC. 15. All fines, quarter sales, or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be void.

SEC. 16. Such parts of the common law, and of the acts of the the Legislature Legislature of the Colony of New York, as together did form the laws of the said colony on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the Convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired or been repealed or altered, and such acts of the Legislature as are now in force, shall be and continue the law, subject