electors.

preceding the day of election, fhall at fuch election, be entitled to vote for reprefentatives of the faid county in affembly; if during the time aforefaid, he Qualifications for fhall have been a freeholder, poffeffing a freehold of the value of twenty pounds, within the faid county, or have rented a tenement therein of the yearly value of forty fhillings, and been rated and actually paid taxes to this ftate: Provided always, That every perfon 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 feventy-five, and fhall be actually and ufually refident in the faid cities refpectively, fhall be entitled to vote for reprefentatives in affembly within his faid place of refidence.

Electors to take an

VIII. That every elector, before he is admitted to vote, eath of allegiance. fhall, if required by the returning officer or either of the infpectors, take an oath, or if of the people called quakers, an affirmation, of allegiance to the ftate.

Privilege of mem

IX. That the affembly thus conftituted, fhall chufe their bers of the aflembly. Own fpeaker, be judges of their own members, and enjoy the fame privileges, and proceed in doing bufinefs, in like A majority to form manner as the affemblies of the colony of New-York of right formerly did; and that a majority of the faid members, fhall, from time to time, conftitute a houfe to proceed upon bufinefs.

a house.

X. And this convention doth further, in the name, and by the authority of the good people of this ftate, ORDAIN, DETERMINE AND DETwenty-four fena. CLARE, That the fenate of the state of New-York, shall tors to be chofen by confift of twenty-four freeholders, to be chofen out of the freeholders, of 100l. body of the freeholders, and that they be chofen by the freeholders of this flate, poflefled of freeholds of the value of one hundred pounds, over and above all debts charged thereon.

freehold.

Senators to be elected for four years.

To be divided into four claffes;

And one fourth part to be annually chofen.

Manner of chufing fenators.

ch. 4.

XI. That the members of the fenate be elected for four years, and immediately after the first election, they be divided by lot into fourclafles, fix in each class, and numbered, one, two, three, and four; that the feats of the members of the first clafs fhall be vacated at the expiration of the firft year, the fecond clafs the fecond year, and fo on continually, to the end that the fourth part of the fenate, as nearly as poffible, may be annually chofen.

XII. That the election of fenators fhall be after this manner; that fo much of this ftate as is now parcelled into Altered 14th feff. Counties, be divided into four great diftricts; the Southern diftrict to comprehend the city and county of New-York, Suffolk, Weftchefter, King's, Queen's, and Richmond counties; the Middle diftrict to comprehend the counties of Dutchefs, Ulfter, and Orange; the Western diftrict the city and county of Albany, and Tryon county; and the Eastern diftrict, the counties of Charlotte, Cumberland and Gloucester. That the fenators fhall be elected by the freeholders of the faid diftricts, qualified as aforefaid, in the proportions following, to wit; In the Southern diftrict, nine; in the Middle diflrict, fix; in the Western diftrict, fix; and in Cenfus to be taken, the Eaflern diftrict, three. AND BE IT ORDAINED, That a cenfus fhall be taken as foon as may be, after the And if it fall ap- expiration of feven years from the termination of the preof fenators is not just fent war, under the direction of the legislature: And if on

pear that the number

Bature fhall adfunt it.

proportioned, the fuch cenfus it fhall appear, that the number of fenators is not jully proportioned to the feveral diftricts, that the legiflature adjust the proportion as near as may be, to the number of freeholders qualified as aforefaid, in each district. That when the number of electors within any of the faid difhicts, fhall have increafed one twenty-fourth part of the whole number of electors, which by the faid cenfus fall be found to An additional fena- be in this fate, an additional fenator fhall be chofen by the electors of fuch difaict. That a majority of the number of finators to be chofen as aforefaid, fhall be neceflary to conflitute a fenate, fuficient to proceed upon bulineis, and that the fenate fhall, in like manner with the aflembly, be the judges of its own members. AND BE IT ORThe fate to be DAINED, That it fhall be in the power of the future legiflaThe lesia remay tures of this flate, for the convenience and advantage of the ether counties and d.f- good people thereof, to divide the fame into fuch further and other counties and diftricts, as fhall to them appear

T.

jaze fits members.

necessary.

XIII. And this convention doth further, in the name, and by the authority of the good people of this ftate, ORDAIN, DETERMINE AND DENo member of the CLARE, That no member of this flate fall be disfranchifed, fire to be disfran- or deprived of any of the rights or privileges fecured to the d. fed but by law. fubjects of this flate, by this conftitution, unleis by the law of the land, or the judgment of his peers.

Nether hou.fe to XIV. That neither the affembly or the fenate fhall have adem longer than without power to adjourn themfelves for any longer time than two muttal confent. days, without the mutual confent of both.

XV. That whenever the affembly and fenate difagree, a conference fhall be held in the prefence of both, and be managed by committees to be by them respectively chofen by ballot. That the doors,both of the fenate and Doors of the fenate afembly, fhall at all times be kept open to all perfons, exaleinbly to be cept when the welfare of the flate fhall require their debates to be kept fecret. And the journals of all their proceedings fall be kept in the manner heretofore accullomed by the general aflembly of the colony of New-York, and, except fuch parts as they fail as aforefaid refpectively determine not to make public, be from day to day if the bufines of the legiflature will permit published. Number of the fe XVI. It is nevertheless provided, that the number of daffembly E- fenators fhall never exceed one hundred, nor the number of the aflembly three hundred; but that whenever the number of fenators fall amount to one hundred, or of the aflembly to three hundred, then and in fuch cafe the legislature fhall from time to time hereaker, by laws for that purpofe, apportion and diftribute the faid one huntdred fenators, and three hundred reprefentatives, among the great diftricts and counties of this fate, in proportion to the number of their respective electors, fo that the reprefentation of the good people of this flate, both in the fenate and affembly, thall for ever remain proportionate and adequate. XVII. And this convention doth further, in the name and by the authotity of the good people this late, ORDAIN, DETERMINE, AND DECLARE, That the fupreme cxecutive power, and aupower thority of this flate, fhall be vented in a governor; and that flcadily once in every three years, and as ofien as the feat of government fhall become vacant, a wife and diferest freeholder of this

veled in a governor,

C

ballor.

To be chofen once ftate fhall be by ballot elected governor, by the freeholder in three years by of this flate, qualified as before defcribed to elect fenators which elections fhall be always held at the times and places of choosing reprefentatives in affembly for each refpective county; and that the perfoi who hath the greatest number of votes within the faid state, shall be the governor thereof.

vernor.

XVIII. That the governor fhall continue in office three years, and fhall, by virtue of his office, be general and commander in chief of all the militia. Power of the go- and admiral of the navy of this ftate; that he fhall have Fower to convene the affembly and fenate on extraordinary occafions, to prorogue them from time to time, provided fuch prorogations frall not exceed fixty days in the fpace of any one year; and at his discretion to grant reprieves and pardon to perfons convicted of crimes, other than treafon or murder, in which he may fufpend the execution of the fentence, until it fhall be reported to the legiflature at their fubfequent meeting; and they fhall either pardon or direct the execution of the criminal, or grant a further reprieve.

His duty.

XIX. That it fhall be the duty of the governorto in form the legiflature at every feflions, of the condition of the flate, fo far as may refpect his department; to recommend fuch matters to their confideration as fhall appear to him to concem its good government, welfare and profperity; to cor etpond with the continental congrefs, and other ftates; to tranfact all neceffary bufinefs 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 fuch meafures as may be refolved upon by the legiflature.

nor.

the fenate.

Lieutenant-gover- XX. That a lieutenant-governor fhall, at every election ofa governor, and as often as the lieutenant-governor shall die, refign, or be removed from office, be elected in the fame manner with the governor, to continue in office, until the next election of a governor; To be prefident of and fuch lieutenant-governor fhall, by virtue of his office, be prefident of the fenate, and, upon an equal divifion, have a cafting voice in their decifions, but not vote on any other occafion. And in cafe of the impeachment of the governor, or his removal from office, death, refignation, or abfence from the flate, the lieutenant-governor H's further power Thall exercife all the power and authority appertaining to the office of governor, until another be chofen, or the governor absent or impeached, all retum, or be acquitted. Provided, That where the governor fhall, with the confent of the legislature, be out of the flate, in time of war, at the head of a military force thereof, he shall fill continue in his command of all the military force of this flate, both by fea and land.

and duty.

XXI. That whenever the govemment fhall be administered by the Eeutenant-governor, or he fhall be unable to attend as prefident of the fenate, the fenators fhall have power to elect one of their own members to the effice of prefident of the fenate, which he fhall exercise pro hac vice: And if, during fuch vacancy of the office of governor, the lieutenant-governor fhall be imreached, difplaced, refign, die, or be abfent from the flate, the prefident of the fenate fhall, in like manner as the lieutenant-governor, adm niller the governmer, undl others fhall be elected by the fuffrage of the people at the fucceeding election.

Treafurer to be ap

XXII. And this convention doth further, in the name pointed by act of the and by the authority of the good people of this ftate, ORkgulature. DAIN, DETERMINE AND DECLARE, That the treafurer of this ftate fhall be appointed by act of the legislature, to originate with the affembly: Provided, That he fhall not be elected out of either branch of the legiflature.

XXIII. That all officers, other than thofe who by this conflitution are directed to be otherwife appointed, fhall be appointed in the manner followCouncil of appointing, to wit; The aflembly hall, once in every year, openly nominate and appoint one of the fenators from each great diftrict, which fenators fhall form a council for the appointment of the faid of ficers, of which the governor for the time being, or the lieutenant-governor, or the prefident of the fenate, when they fhall refpectively adminifler the government, shall be prefident, and have a calling voice, but no other vote; and with the advice and confent of the faid council, fhall appoint all the faid officers; and that a majority of the faid council be a quorum. And further, the faid fenators fhall not be eligible to the faid council for two years fucceflively.

offices.

Tenure of certain XXIV. That all military officers be appointed during pleafure; that all commiffioned officers, civil and military, be commiffioned by the governor, and that the chancellor, the judges of the fupreme court, and first judge of the county court in every county,) , hold their offices during good behaviour, or until they fhall have respectively attained the age of fixty years.

court to hold no other

The chancellor and XXV. That the chancellor and judges of the fupreme. julges of the fupreme court shall not at the fame time hold any other office, exoffice, except of dele- cepting that of delegate to the general congrefs, upon fpecial gate upon fpecial occalens. occafions; and that the first judges of the county courts in the feveral countics, fall not at the fame time hold any First judges of coun ty courts to hold no other office excepting that of fenator, or delegate to the Senatorre, except of general congrefs; But if the chancellor, or ether of the faid judges be elected or appointed to any other office, excepting as is before excepted, it fhall be at his option in which to ferve.

fenator or delegate.

app inted.--Sherifi to

Sheriffs and coro- XXVI. That fheriffs and coroners be annually appointners to be annually ed; and that no perfon fhall be capable of holding either huld no other office. of the faid offices more than four years fucceffively, nor the fheriff of holding any other office at the fame time.

XXVII. AND BE IT FURTHER ORDAINED, That the register and clerks in chancery be appointed by the chancellor; the clerks of the fupreme court by the judges of the faid court; the clerk of the court of probates, by the judge of the faid court; and the regifter and marshal of the court of admiralty, by the judge of the admiralty.-The faid marfhal, regifters and clerks, to continue in office during the pleafure of thofe by whom they are to be apronted, as aforefaid.

And all attornies, folicitors and counsellors at law, hereafer to be appointed, be appointed by the court, and licensed by the firft judge of the court in which they fhall respectively plead or practice; and be regulated by the rules and orders of the faid courts.

XXVIII. AND BE IT FURTHER ORDAINED, That where by this conflitution the duration of any office fhall not be a certained, fuch office fall be conftrued to be held during the pleasure of the council of appo ntment: Provided, that new commiflions fhall be ifled to judges of the

county courts (other than to the first judge) and to juftices of the peace, once at the leaft in every three years.

Town officers to be XXIX. That town clerks, fupervifors, affeffors, constaelected by the people. bles and collectors, and all other officers heretofore elligible by the people, fhall always continue to be fo eligible, in the manner directed by the prefent or future acts of legislature.

Manner of appoint

ing loan officers,coun

That loan officers, county treasurers, and clerks of the futy treafarers, and fa- pervifors, continue to be appointed in the manner directed by the prefent or future acts of the legislature.

pervifu's clerks.

XXX. That delegates to reprefent this ftate, in the general congrefs of the United States of America, be annually appointed as follows, to wit; The feManner of appoint. nate and affembly fhall each openly nominate as many pering clegates to Con. fons as fhall be equal to the whole number of delegates to be appointed; after which nomination, they fhall meet together, and those perions named in both lifts fhall be delegates; and out of thofe perfons whofe names are not on both lifts, one half fhall be chofen by the joint ballot of the nators and members of affembly, fo met together as aforefaid. XXXI. That the file of all laws fhall be as follows, to wit; Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly. And that all writs and other proceedings fhall run in the name of, The people of the ftate of New-York, and be tefted in the name of the chancellor or chief judge of the court from whence they hall iflue.

Stile of laws.

Form of writs.

XXXII. And this convention doth further, in the name and by the authority of the good people of this flate, ORDAIN, DETERMINÉ AND DECourt for trial of CLARE, That a court fhall be inftituted for the trial of imimpeachments, and peachments, and the correction of errors, under the regulacorrection of errors. tions which fhall be eftablished by the legiflature; and to confift of the prefident of the fenate for the time being, and the fenators, chancellor, and judges of the fupreme court, or the major part of them; except that when an impeachment fhall be prosecuted against the chancellor, or either of the judges of the fupreme court, the perfon fo impeached fhall be fufpended from exercifing his office, until his acquittal: And in like manner, when an appeal from a decree in equity fhall be heard, the chancellor shall inform the court of the reafons of his decree, but fhall not have a voice in the final fentence. And if the caufe to be determined fhall be brought up by writ of error on a queflion of law, on a judgment in the fupreme court, the judges of the court fhall affign the reafons of fuch their judgment, but shall not have a voice for its affirmance or reverfal.

Power of impeach

XXXIII. That the power of impeaching all officers of ment veiled in the the ftate, for mal and corrupt conduct in their refpective ofaflembly. fices, be vefled in the reprefentatives of the people in affembly; but that it fhall always be neceflary that two third parts of the members prefent fhall confent to and agree in fuch impeachment. That previous to the trial of every impeachment, the members of the faid court fhall respectively be fworn, truly and impartially to try and determine the charge in cucien, according to evidence; and that no judgment of the faid court fshall be valid, unless it fhall be affented to by two third parts of the members then prefent; nor fhall it extend farther than to removal from office, and difqualification to hold or enjoy any place of honour, truft or profit, under this fate. But the party fo convicted, frall be, nevertheless, liable and fubject to indictment, trial, judgment and punishment, according to the laws of the land.