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CONSTITUTION

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STATE OF NEW YOEK,

ADOPTED IN 1 846.

WITH A

COMPARATIVE ARRANGEMENT OF THE CONSTITUTIONAL
PROVISIONS OF OTHER STATES, CLASSIFIED
BY THEIR SUBJECTS.

PREPARED UNDER THE DIRECTION OF A COMMITTEE OF THE NEW YORK CONSTITUTIONAL

CONVENTION OP 1867,

BY FRANKLIN B. HOUGH.

ALBANY:
WEED, PARSONS & COMPANY, PRINTERS.
1867.

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PREFACE.

Previous to the meeting of the present Constitutional Convention, a summary of the various provisions found in the existing Constitutions of the several States had been prepared by Dr. Franklin B. Hough, with the design of affording facilities for comparison and reference in the revision of the Constitution of the State of New York. This summary was examined by several delegates to the Convention, and soon after organization the undersigned were appointed a committee to take into consideration the expediency of printing in bill form the present Constitution of New York, with such comparative references as might be proper. This committee after a careful examination of the plan proposed by Dr. Hough, approved of its general arrangement, but recommended a more extended list of references, a specification of the page, in the volume of Constitutions forming the first volume of the "Manual," where the subject referred to would be found in its proper connection, and the adoption of the exact phraseology used in the several Constitutions whenever practicable. A concise statement was thought proper in cases where it might be desirable to present the various provisions upon particular subjects at a single glance.

It would have been desirable to include in this connection references to legal decisions upon constitutional points, but the brief time allowed for the preparation, upon the plan as modified, rendered this altogether impracticable.

From the blending of several subjects into one section, which in other cases are stated separately, a strict classification could not in all cases be secured, but to render this inconvenience less sensible, an extended index has been prepared, which will obviate much of the difficulty of reference.

As a general rule, provisions of a strictly local character, and such as refer to circumstances and conditions that have passed away, are omitted. Whenever these have been retained, the analogies which they suggest, were thought worthy of notice, as in mme cases having relation to a similar application in the revision now before the Convention. Whenever reference is made to sections "nearly similar," it will be understood that they differ somewhat in the phraseology, but that they agree in their general statement. In some instances, lengthy sections, embracing minute details, are referred to without insertion, or with but a brief analysis of their subject.

JOHN STANTON GOULD, Chairman,

G. M. BECKWITH,

JAMES A. BELL,

G. J. TUCKER,

MARIUS SCHOONMAKER

CONSTITUTION OF NEW YORK,

ADOPTED IN 1846.

We, the people of the Slate of New York, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution.(')

ARTICLE I.

1 Section 1. No member of this State shall be disfranchised, or deprived of

2 any of the rights or privileges secured to any citizens thereof, unless by the law

3 of the land, or the judgment of his peers.f)

(1) N . Y, (1821), 41; Minn., 319.

(2) K Y, (1777), 28; (1821), 41.

PREAMBLE. —In order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Consti'ution. U. K, 9. [Same except "government" in place of "Union,"] 111. 151.

—And secure to ourselves and to our posterity the rights of life, liberty and property; invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government. Ala. 72.

—Having the right to establish for ourselves a Constitution in conformity with the Constitution of the United States of America, to secure to ourselves and our posterity the protection and blessings of the Federal Constitution, and the enjoyment of all the rights of liberty and the free pursuit of happiness, do agree to continue ourselves as a free and independent State, by the name and style of , and do

ordain and establish the following Constitution for the government thereof. Ark. 83.

—In order more effectually to define, secure and perpetuate the liberties, rights and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following Constitution and form of civil government Ct. 107.

—In order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty and property, and the pursuit of happiness, do mutually agree, each with the other, to form the following Constitution and form of government in and for the said State. Fla. 128.

—In order to form a permanent government, establish justice, insure domestic tranquility and secure the blessing of liberty to ourselves and our posterity— acknowledging and invoking the guidance of Almighty God, the author of all good government, do ordain and establish this Constitution. Oa. 142. —To the end that justice be established, public order maintained, and liberty perpetuated, we, the people of. Ind. 169; Or. 447.

—Grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government by the name of. Iowa, 182.

—Grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish this Constitution. Kan. 198. —We, the representatives of the people of ,

in Convention assembled, to secure to all the citizens thereof the enjoyment of the rights of life, liberty and property, and of pursuing happiness, do ordain and establish this Constitution for its government. Ky. 209.

—We, the people of the State of , grateful to

Almighty God for our civil and religious liberty, and taking into our serious consideration the best means for establishing a good Constitution in this State, for the sure foundation and more permanent security thereof, declare: Md. 253.

—Acknowledging, with grateful hearts, the goodness of the Sovereign Ruler of the Universe in affording us an opportunity so favorable to the design; and imploring his aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of . Me, 239.

—The end of the institution, maintenance and administration of Government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquility, their natural rights, and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness. —The body politic is formed by a voluntary association of individuals; it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a Constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them,

We, therefore, the people of , acknowledging,

with grateful hearts, the goodness of the great Legislator of the Universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit and solemn compact with each other; and of forming a new Constitution of civil government for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights and Frame of Government. as the Constitution of the Commonwealth Of . Mass., 279.

—Grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings, and securo the same to ourselves and our posterity, do ordain and establish this Constitution. Jim., 319. —Grateful to Almighty God, the Sovereign Ruler of Nations, for our State government, our liberties, and our connection with the American Union, and acknowledging our dependence upon Him for the

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