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NOES.--Messrs. Bacon, Baker, Breese, Edwards, Fairlie, Hunter, Huntington, Jay, Jones, King, Lansing, Lefferts, Millikin, Munro, Paulding, Porter, Rhinelander, Rogers, Sanders, Sharpe, Stagg, Steele, Sylvester, Ten Eyck, Townley, Van Ness, J. R. Van Rensselaer, S. Van Rensselaer, Van Vechten, Verbryck, Ward, Wendover, Wheaton, E. Williams, N. Williams, Yates.-36.

The 4th article, (relative to the right of suffrage) was read.

COL. YOUNG moved to insert the words "in the year next preceding the election," after the word "thereon," in the first proviso to the first section, requiring persons of colour to pay a tax for the year next preceding the election in the same manner as white persons; which was carried, and the section passed without further amendment.

MR. TOMPKINS moved to strike out the second section, which provides that "laws may be passed, excluding from the right of suffrage persons who have been or may be convicted of infamous crimes."

MR. CRAMER was opposed to striking out; when the motion was put and lost. . The third section (requiring proofs of the requisite qualifications of voters) passed without amendment; and the fourth section (abolishing the existing qualifications of voters) was stricken out.

The fifth and sixth sections (providing for elections by ballot, and prescribing the oath of office) passed without amendment.

The fifth article, (relative to the commencement of the political year) passed without amendment.

Here MR. E. WILLIAMS remarked, that we were going over precisely the the same ground in this room which the select committee of three were travelling over in an adjoining chamber. If the proceedings of both bodies should go before the public, the people might be in doubt which set of papers were spurious and which genuine. He therefore moved that the committee rise and report: which motion prevailed, and the committee rose without asking leave to sit again.

Adjourned to 10 o'clock to-morrow morning,

WEDNESDAY, NOVEMBER 7, 1821. The President took the chair at the usual hour, and the minutes of yesterday were read and approved.

MR. N. SANFORD, from the committee of three, appointed to incorporate and arrange the amendments, in connexion with the remaining provisions of the present constitution, presented a report, which was read by the secretary, in the words following:

WE, the people of the state of New-York, acknowledging with gratitude the grace and beneficence of God, in permitting us to make a free choice of our forin of government, do establish this constitution.

ARTICLE FIRST.

SEC. 1. The legislative power of this state shall be vested in a senate and an assembly.

SEC. II. The senate shall consist of thirty-two members. The senators shall be chosen for four years, and shall be frecholders. The assembly shall consist of one hundred and twenty-eight members, who shall be annually elected.

SEC. III. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the qualifications of its own members. Each house shall choose its own officers; and the senate shall choose a temporary president, when the lieutenant governor shall not attend as president, or shall act as governor.

SEC. IV. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall

be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. SEC. V. The state shall be divided into eight districts, to be called senate districts, each of which shall choose four senators.

The first district shall consist of the counties of Suffolk, Queens, Kings, Richmond, and New-York.

The second district shall consist of the counties of Westchester, Putnam, Dutchess, Rockland, Orange, Ulster, and Sullivan.

The third district shall consist of the counties of Greene, Columbia, Albany, Rensselaer, Schobarie, and Schenectady.

The fourth district shall consist of the counties of Saratoga, Montgomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin, and St. Lawrence. The fifth district shall consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis, and Jefferson.

The sixth district shall consist of the counties of Delaware, Otsego, Chenango, Broome, Cortland, Tompkins, and Tioga.

The seventh district shall consist of the counties of Onondaga, Cayuga, Seneca, and Ontario.

The eighth district shall consist of the counties of Steuben, Livingston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus, and Chautauque.

And as soon as the senate shall meet, after the first election to be held in pursuance of this article, they shall cause the senators to be divided by lot, into four classes, of eight in each class, so that every district shall have one senator of each class; the classes to be numbered, one, two, three, and four. And the seats of the first class shall be vacated at the end of the first year; of the second class at the end of the second year; of the third class at the end of the third year; of the fourth class at the end of the fourth year; and so on continually, in order that one senator be annually elected in each senate district.

SEC. VI. An enumeration of the inhabitants of the state, shall be taken under the direction of the legislature, in the year one thousand eight hundred and twenty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers, and persons of colour not taxed; which districts shall remain unaltered, until the return of another enumeration. But every district shall at all times consist of contiguous territory, and no county shall be divided in the formation of a senate district.

SEC. VII. The members of the assembly, shall be chosen by counties, and shall be apportioned among the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of colour not taxed. An apportionment of members of asseinbly shall be made by the legislature, at its first session after the return of every enumeration; and when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of members of the assembly shall be made by the present legislature; and if not made by it, shall be inade by the first legislature elected, under this constitution; and until the next apportionment shall be made, the assembly shall consist of one hundred and twenty-six members, apportioned among the several counties as they now are. Every county heretofore established, and separately organized, shall always be entitled to one member of the assembly, and no new county shall hereafter be erected unless its population shall entitle it to a member.

SEC. VIII. Any bill may originate in either house of the legislature; and all bills passed by one house may be amended by the other.

SFC. IX. The members of the legislature, shall receive for their services, a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect, during the year in which it shall have been made. And no law shall be passed, increasing the wages of the legislature, beyond the sum of three dollars per day, unless by a majority of all the members elected to both branches of the legislature; and unless its continuance shall be limited to two years after the passage thereof; and the yeas and nays shall be taken thereon, and entered on the journals.

SEC. X. No member of the legislature, shall receive any civil appointment from the governor and senate, or from the legislature, during the term for which he shall have been elected.

SEC. XI. No person, being a member of congress, or holding any judicial or military office under the United States, shall hold a seat in the legislature. And if any person shall, while a member of the legislature be elected to congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacaté his seat.

SEC. XII. Every bill which shall have passed the senate and assembly, shall, before it become a law, be presented to the governor: If he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated; who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members present, shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return; in which case it shall not be a law.

SEC. XIII. The political year shall begin on the first day of January; and the legislature shall every year assemble on the first Tuesday of January, unless a different day shall be appointed by law.

SEC. XIV. The next election for governor, lieutenant-governor, senators and members of assembly, shall commence on the first Monday of November, one thousand eight hundred and twenty-two; and all subsequent elections, shall be held at such time, in the month of October, or November, as the legis lature shall, by law, provide.

SEC. XV. The governor, lieutenant-governor, senators, and members of assembly, first elected, under this constitution, shall enter on the duties of their respective offices, on the first day of January, one thousand eight hundred and twenty-three; and the governor, lieutenant-governor, senators, and members of assembly, now in office, shall continue to hold the same until the first day of January, one thousand eight hundred and twenty-three, and no longer.

SEC. XVI. All officers holding their offices during good behaviour, may be removed by joint resolution of the two houses of the legislature, if two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein.

ARTICLE SECOND.

SEC. I. Every male citizen of the age of twenty-one years, who shall have been an inhabitant of this state, one year preceding any election, and for the last six months a resident of the town or county, where he may offer his vote; and shall have within the year next preceding the election, paid a tax to the state or county, assessed upon his real or personal property; or shall by law be exempted from taxation; or being armed and equipped according to law, shall have performed within that year, military duty in the militia of this state; or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town or village in this state: And also, every male citizen of the age of twenty-one years, who shall have been for three years next preceding such election, an inhabitant of this state; and for the last year, a resident in the town or county, where he may offer his vote; and shall have been, within the last year, assessed to labour upon the public highways, and shall have performed the labour, or paid an equivalent therefor, according to law; shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elective by the people: But no man of colour, un

less he shall have been for three years a citizen of this state, and for one year next preceding any election, shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars over and above all debts and incumbrances charged thereon; and shall have been actually rated, and paid a tax thereon, shall be entitled to vote at any such election. And no person of colour shall be subject to direct taxation, unless he shall be seized and possessed of such real estate as aforesaid.

SEC. II. Laws may be passed, excluding from the right of suffrage, persons who have been, or may be, convicted of infamous crimes.

SEC. III. Laws shall be made for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage, hereby established.

SEC. IV. All elections by the citizens, shall be by ballot, except for such town offices, as may by law be directed to be otherwise chosen.

ARTICLE THIRD.

SEC. I. The executive power shall be vested in a governor. He shall hold his office for two years; and a lieutenant governor, shall be chosen at the same ime, and for the same term.

SEC. II. No person, except a native citizen of the United States, shall be eligible to the office of governor; nor shall any person be eligible to that office, who shall not be a freeholder, and shall not have attained the age of thirty years, and have been five years a resident within this state; unless he shall have been absent during that time, on public business of the United States, or of this state.

SEC. III. The governor and lieutenant governor shall be elected at the times and places of choosing members of the legislature. The persons respectively having the highest number of votes for governor and lieutenant governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or lieutenant governor, the two houses of the legislature, shall by joint ballot, choose one of the said persons so having the highest number of votes, for governor, or lieutenant governor.

SEC. IV. The governor shall be general and commander in chief of all the militia, and admiral of the navy of the state. He shall have power to convene the legislature, or the senate only, on extraordinary occasions. He shall communicate by message to the legislature at every session, the condition of the state; and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall at stated times, receive for his services, a compensation which shall neither be increased nor diminished, during the term for which he shall have been elected. SEC. V. The governor shall have power to grant reprieves and pardons after conviction, for all offences, except treason and cases of impeachment. Upon convictions for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting; when the legislature shall either pardon, or direct the execution of the criminal, or grant a farther reprieve.

SEC. VI. In case of the impeachment of the governor, or his removal from office, death resignation or absence from the state, the powers and duties of the office shall devolve upon the lieutenant governor until the next biennial election, or until the governor absent or impeached shall return, or be acquitted. But when 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 commander in chief of all the military force of the state.

SEC. VII. The lieutenant governor shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, resign, die, or be absent from the state, the President of the senate, shall act as governor, until the vacancy shall be filled, or the disability shall cease.

ARTICLE FOURTH.

SEC. I. Militia officers shall be chosen, or appointed, as follows: Captains, subalterns, and non-commissioned officers, shall be chosen by the written votes of the members of their respective companies. Field officers of regiments, and separate battalions, by the written votes of the commissioned officers of the resptive regiments, and separate battalions. Brigadier generals, by the field officers of their respective brigades. Major generals, brigadier generals, and commanding officers of regiments or separate battalions, shall appoint the staffofficers of their respective divisions, brigades, regiments, or separate battalions. SEC. II. The governor shall nominate, and with the consent of the senate, appoint all major generals, brigade inspectors, and chiefs of the staff departments, except the adjutant general and commissary general. The adjutant general shall be appointed by the governor.

SEC. III. The legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the governor. If the electors of captains, subalterns, or field officers of brigades, regiments, or separate battalions shall neglect, or refuse to make such election, after being notified, according to law, the governor shall fill the offices; and the persons appointed by him, shall hold their offices until an election shall be made.

SEC. IV. The commissioned officers of the militia shall be commissioned by the governor ; and no commissioned officers shall be removed from office, unless by the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial pursuant to law. The present officers of the militia shall hold their commissions, subject to removal as before provided.

SEC. V. In case the mode of election and appointment of militia officers hereby directed, shall not be found conducive to the improvement of the militia the legislature may abolish the same, and provide by law for their appointment, and removal, if two-thirds of the members present in each house, shall concur therein.

SEC. VI. The secretary of state, comptroller, treasurer, attorney general,surveyor general, and commissary general, shall be appointed as follows: The senate and assembly shall each openly nominate one person for the said offices respectively: After which, they shall meet together, and if they shall agree in their nominations, the persons so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the senators, and members of assembly. The treasurer shall be chosen annually. The secretary of state, comptroller, attorney general, surveyor general, and commissary general, shall hold their offices for three years, unless sooner removed by concurrent resolution of the senate and assembly.

SEC. VII. The governor shall nominate, by message in writing, and with the consent of the senate, shall appoint all judicial officers, except justices of the peace, who shall be appointed in manner following; that is to say: The boards of supervisors in every county in this state, shall, at such times as the legisla ture may direct, meet together; and they, or a majority of them so assembled, shall nominate a list of persons, equal in number to the justices of the peace, to be appointed in the several towns in the respective counties. And the judges of the respective county courts of such counties, or a majority of them, shall also meet and nominate a list, of the like number of persons; and it shall be the duty of the said boards of supervisors, and judges of county courts, to compare such lists, at such time and place, as the legislature may direct : And if on such comparison, the said boards of supervisors and judges of county courts, shall agree in their nominations, in all, or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county; and the person or persons, nominated on both lists, shall be justices of the peace And in case of disagreement in whole, or in part, it shall be the farther duty of the said boards of supervisors, and judges respectively, to transmit their said lists so far as they disagree, in the same, to the governor, who shall select from the said lists, and appoint so many justices of the peace, as shall be requisite to

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