« SebelumnyaLanjutkan »
No authority to be 1. This convention, therefore, in the name and by the
over the authority of the good people of this state, DOTH ORDÁIN, hall be derived from DETERMINE AND DECLARE, That no authority Mall,
onany pretence whatever, be exercised over the people or members of this state, but such as shall be derived from and granted by them.
II. This convention doth further, in the name and by the authority of the good people of this flate, ORDAIN, DETERMINE AND DECLARE, That the supreme legillative power within this state, shall be vested in two separate Legislative poser
and distinct bodies of men ; the one to be called, the Aliimbly verted in an assembly of the state of New-York; The other to be called, the Senate of and fenate.
the State of New-York; who together shall forin the Legiflature, and meet once at least in every year for the dispatch of business.
III. AND WHEREAS laws inconlistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly pa sled; Be it ordained, That the governor for the time being, the chancellor and the judges of the supreme court, or any two of them, together with the gover
nor, shall be, and hereby are, constituted a council to revise Council of revision.
all biils about to be pafied into laws by the legislature. And for that purpose shall allemble themselves, from time to time, when the legiflature shall be convened; for which, nevertheless, they all not receive any salary or confideration under any pretence whatever. And that all bils which have passed the senate and assembly shall, before they become laws, be presented to the faid council for their revisal and consideration; and if
upon such revision and confideration, it should appear improTheir duty.
per to the faid council, or a majority of them, that the said bill should become a law of this state, that they return the fame, to get her with their objections thereto, in writing, to the fenate, or house of assembly, in whichfoever the same shall have originated, who shall enter the objections sent down by the council, at large, in their minutes, and proceed to re-confider the said bill. But if after such re-consideration, two thirds of the said fenate, or house of assembly, shall, notwithstanding the faid objections, agree to pass the same, it shall, together with the objections, be fent to the other branch of the legislature, where it shall also be re-considered, and if approved by two thirds of the members present, shall be a law. And in order to prevent any unnecessary delays, BEIT FURTHER ORDAINED, That ifany
bill shall not Billsto become laws if not returned in ten be returned by the council, within ten days after it shall have
been presented, the fame Shall be a law, unless the legislature Thiall, by their adjournment, render a return of the said bill within ten days, impracticable; in which case the bill shall be returned on the first day of the meeting of the legiNature, after the expiration of the said ten days. The assembly to con
IV. That the anembly shall confift of at least seventy kft of zo members an- members, to be annually chofen in the several counties, in
the proportions following, viz.
Ten. Tie members to be The city and county of * Albany, ch fen in each coun- The couniy of Duchess,
Seven. The county of Westchester,
Six, The county of Uller, New apportinnment The county of Suffolk,
Five. made 14th Sept.Ch. 4. The county of Queen's,
Four. * Divided into feveral co:uties, 9th Str. Ch. 28, and 14th Sert. Ch. 4.
STATE OF NEW-YORK
The county of Orange,
Two. V. That as soon after the expiration of seven years, subCenfas to be taken.
sequent to the termination of the present war, as may be, a census of the electors and inhabitants in this itate be taken, under the direction of the legilature. And if on such census it shall appear, that the num
If the nunber of ber of representatives in the assembly from the said counrepresentatives is not ties, is not juilly proportioned to the number of electors in e legilature to ad: in the faid counties respectively, tlvat the legislature do adjust jut it.
and apportion the fame by that rule. And further, that An account to be takes once in every lé- once in every seven years, after the taking of the said firat yea years. census, a jult account of the electors relident in each county shall be taken; and if it Thail thereupon appear, that the number of electors in any county, shail have incitaied or diminished one or more seventieth parts of the whole number of electors, which on the said first centus shall be found in this state, the number of representatives for such county shall be increased or diminished accordingly, that is to say, one representative for every sevenseth part as aforesaid.
VI. AND WHEREAS an opinion hath long prevailed Voting by ballot.
among divers of the good people of this state, that voting at elections by ballot, would tend more to preserve the liberty and equal freedom of the people, than voting viva voce. To the end therefore, that a fair experiment be made, which of those two methods of voting is to be preferred:
BE IT ORDAINED, That as soon as may be, after the termination of the present war, between the Unired States of Ainerica and Great Britain, an act,
After the war, elec. or acts be palled by the legitlature of this state, for causing tions w be by ballat. all elections 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. AŃD WHEREAS it is poflible, that after all the care of the legislature, in iraming the said act or acts
, certain inconveniences and mischiels
, unforeseen at this day, may be found to attend the said mode of electing by ballot :
IT IS FURTHER ORDAINED, That if aftera full and fair experiment shall be made of voting by ballot aforesaid, the faine shall be found less conducive to thtiafety or interest of the state, than the method of voting viva voce, it shall Balling to be a
be lawful and conftitutional for the legislature to abolish the bwi has if found in- fame; Provided two thirds of the members present in each
house respectively shall concur therein. And further, that during the continuance of the preient war, and until the legislature of this ftare shall provide for the election of senators and representatives in assembly by bollot, the said elections Mall be made viva voce. VII
. That every male inhabitant of full age, who shall have personally relided within one of the counties of this state, for fix inonths immediately
+ Nane altered, 7th Seff. Ch. 17, and divided into f-veral counties, 12th Self, Ch. 11, and 14th Seil. Ch. 1o.
Nane altered, 7th Seff. Ch. 17, and part of it eruited into a new county, by the name of Clinton, Brun Seft, Ch. 67, Sec. 2,
Now part of us state of Vermont,
preceding the day of election, shall at such election, be entitled to vote for representatives of the said county in afsembly; if during the time aforesaid, he
Qualifi:ations for Thall have been a freeholder, poflelling a freehold of the value electors.
of twenty pounds, within the faid county, or have rented a 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-five, and shall be actually and usually resident in the said cities respectively, shall be entitled to vote for representatives in assembly within his faid place of residence. Electors to take an
VIII. That every elector, before he is admitted to vote, eath of allegiance. Thall, if required by the returning officer or either of the inspectors, take an oath, or if of the people cailed quakers, an affirmation, of allegiance to the state.
Privilege of mem IX. That the assembly thus constituted, shall chuse their bers of the atlembly. own speaker, be judges of their own members, and enjoy
the same privileges, and proceed in doing business, in like A majority to form manner as the assemblies of the colony of New-York a house.
of right formerly did; and that a majority of the said members, shall, froin time to time, constitute 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 DE
Twenty-four fena- ČLARE, That the senate of the state of New York, shall fers to be chosen by consist of twenty-four freeholders, to be chosen out of the freeholders, of
body of the freeholders, and that they be chosen by the freeholders of this state, poflefled of freeholds of the value of one hundred pounds, over and above all debts charged thereon. Senators to be elect
XI. That the members of the senate be elected for four ed for four years.
years, and immediately after the first election, they be di
vided by lot into fourclasies, fix in each class, and numbered, To be divided into four clases;
one, two, three, and four; that the seats of the members of
the first class shall be vacated at the expiration of the firft And one fourthi part year, the second class the second year, and so on continuto be annually chulen. ally, to the end that the fourth part of the senate, as nearly
as possible, may be annually chosen. Manner of cluuling
XII. That the election of senators shall be after this man
ner; that so much of this state as is now parcelled into Altered 14th left. counties, be divided into four great districts; the Southern
district to comprehend the city and county of New York, Suffolk, Westchester, King's, Queen's, and Richmond counties ; the Middle district to comprehend the counties of Dutchess, Uliter, and Orange; the. Western district the city and county of Albany, and Tryon county; and the Eastern district, the counties of Charlotte, Cumberland and Gloucester. That the senators shall be elected by the freeholders of the said districts, qualified as aforesaid, in the proportions following, to wit; In the Southern district, nine; in the Middle dittrict, fix; in the Western district, fix; and in Cenfus to be taken, the Eafiern district, three. AND BE IT ORDAINED,
That a cenfus shall be taken as foon as may be, after the And if it hul ap: expiration of seven years from the termination of the preoffinturs is not jut- fent war, under the direction of the legislature : And it on
zorlame, the such census it shall appear, that the number of fenators is
not juttiy proportioned to the several districts, that the legillature adjust the proportion as near as may be, to the number of freeholders qualified as aforesaid, in each district. That when the number of electors within any of the faid districts, shall have increased one twenty-fourth part of the whole number of electors, which by the said census frall be found to An additional Le
na- be in this fiate, an additional fenator shall be choen by the
clectors of such district. That 'a majority of the number of knators to be chosen as aforesaid, shall be necesary to continue a lénate, fifcient to proceed upon bulineis, and that the fenate shall, in like manner with the afembly, be the judges of its orin members. AND BE IT ORit furate t? le DAINED, Trazit shail be in the power of the fuiure legill.is Time le-ida wenay iures of this flaie, for the convenience and advantage of the
det una mica good people thereof, to divide the faire into fuch further Berapti sandar
and other counties and districts, as inall to them aprear Dualary.
will. And this convention doth further, in the name, and by the authori. of the good people of this itate, ORDAN, DETERMINE AND DE
No snemmat of tie CLARF, That no member of this state fall be disfrarch ed, The e di trar- or deprived of any of the rights or privileges secured to the
fubjeéts of ihis laie, by this conftitution, unleis by the law of the land, or the judgment of his pecrs.
XIV. That reither the ait mbly or the fenate Mall lia e liter than without power to adjourn themkeives ior any longer time than iwo
days, without the inutual consent of both. 11. That whenever the afembly and fenate diligree, a conference Mall be held in the presence of boil, and be managed by commitees to be by them respectively chosen by ballot. That the doors, both of the cnaic and Day-a of the Senate afembly, shall åt alltirres be kept open 10 all persons, exainbiy to be cept when the wcfucoru.e taie mali require their debaies'
to be kept secret. And the journals of all their proceedings Call belept in the manner heretcore accultumed by the gcncralafembly of the colony of New-York, and, ercepuuch parts as they ítail as atorehid refpcctively determine not to make puble, be from day io day (if the bulinuis of the legislature will perniu publiked.
XVI. It is nevertheles provided, that the number of allembl; 1- senators Nail never exceed one hundred, nor the number
of the allembly three hundred; but that whenever the number of senators fall amount to one hundred, or of teafumbly to three hindred, then and in such case the legislature shall from time to time hereakti, by laws for that purpo'è, afportion and distribute the laid one burini fcnators, and three hundred reprefentatives, among the great districts ad conies of this fate, in proportion to the number of ther relpectre e ectors, so that the reprefentation of the good people of this fate, both in the finale and alebiy, thail for ever remain proportionate and adequate.
XVII. And this contention doth furber, in je more and by the authoBy of the good people of thiszate, ORDAIN, DETERMINE, AND DE
CLARE, That tile fupreme cxecutive porter, and auTover thority of his fale, 11 all te vered in a govene; an: iliac
Ricadily once in every three years, and di olien as the dat of governincnt shall become vacant, a wie an dicieci fiechiuder of illis
Povver of the vei nor.
To be chufen orice state shall be by ballot elected governor, by the freeholder in three years by
of this flate, qualified as before described to elect fenators which elections shall be always held at the times and places of chooing representatives in assembly for each respective county; and that the perioi who hath the greatest number of voies within the faid state, frall be the governor thereof.
XVIII. That the governor Mall continue in office three years, and shall, by virtue of his office, be general and commander in chief of all the militia
and admiral of the navy of this state; that he fall have
power to convene the attembly and fenate on extiaordinary occafions, to prorogue them from time to time, provided such prorogations frall not exceed fixty days in the space of any one year; and at his difcretion to grant reprieves and pardon to perfons convicted of crimes, other than treason or murder, in which he may fufpend the exccution of the sentence, until it shall be reported to the legislature at their subsequent meeting; and they tall either pardon or direct the execution of the criminal, or grant a further reprieve. Mis duty.
XIX. Thatit shall be the duty of the governorto inform the
legislature at every fellions, of the condition of the state, so far as may respect his department; to recommend such matters to their confideration as all appear to him to concem its good government, welfare ani! profperity; to cori cipond with the continental congress, and other states; to tranfact all necesary businefs with the officers of government, civil and military; to take care that the laws are faithfully executed to the beft of his ability; and to expedite all such measures as may be resolved upon by the legislature. Lieatenant-gover.
XX. That a licutenant-governor fall, at every election
of a governor, and as often as the lieutenant-governor Mall die, resign, or be removed from office, be elected in the fame manner with the governor, to continue in office, un il the next election of a governor; To be president of and such lieutenant-governor shall, by virilie of his office,
be president of the tenate, and, upon an equal div fiori, have a casting voice in their decisions, but not vote on any other occafio!.
And in case of the impeachment of the governor, or his reinoval from office, death, refignation, or absence from the fiare, the lieutenan:-Governor
Hs further power Tall exercise all the power and authority appertaining to and duty.
the office of governor, until another be cholen, or the governor absent or impeaciled, all return, or be acquitted. Provided, That where the governor (hall, with the consent of the legislature, be out of the faie, in time of war, at the head of a military force tliercof, he shall fill coninue in his command of all the military force of this fiaie, both by sea and land.
XXI. That whenever the govemment fall be adminile ed by the licutenant-governor, or he shall be unable to atiend 25 sretdent of the ionae, the funators all liave power to e'ect one of their own incimbers to the coco of prefident of the finate, which he faile:ercije prolac vice: And if, during such vacancy of the office of governor, the lieutenant-governor iall be infeachel, displaced, reign, die, or be abent from the ilate, the president of the cenate Mill, in like manner as the lieutenant-govemur, aclmwer the governinen, unil others shall be elected by the futirage of the people withie fucceeding election.