Perfons impeached

XXXIV. AND IT IS FURTHER ORDAINED, That indicted allowed in every trial on impeachment or indictment for crimes or mifdemeanors, the party impeached or indicted, fhall be al

counfel.

lowed counfel, as in civil actions.

The law of the ftate.

XXXV. And this convention doth further, in the name and by the authority of the good people of this ftate, ORDAIN, DETERMINE AND DECLARE, That fuch parts of the common law of England, and of the ftatute law of England and Great-Britain, and of the acts of the legiflature of the colony of New-York, as together did form the law of the faid colony on the nineteenth day of April, in the year of our Lord, one thousand feven hundred and feventy-five, fhall be and continue the law of this flate; fubject to fuch alterations and provifions as the legiflature of this ftate fhall, from time to time, make concerning the fame. That fuch of the faid acts as are temporary, fhall expire at the times limited for their duration refpectively. That all fuch parts of the faid common law, and all fuch of the faid ftatutes, and acts aforefaid, or parts thereof, as may be conftrued to establish or maintain any particular denomination of christians, or their minifters, or concern the allegiance heretofore yielded to, and the fupremacy, fovereignty, government or prerogatives, claimed or exercifed by the king of Great-Britain and his predeceffors, over the colony of New-York and its inhabitants, or are repugnant to this conftitution, be, and they hereby are abrogated and rejected. And this convention doth further ordain, that the refolves or refolutions of the congreffes of the colony of New-York, and of the convention of the flate of New-York, now in force, and not repugnant to the government eftablished by this conftitution, shall be confidered as making part of the laws of this ftate; fubject, nevertheless, to fuch alterations and provifions, as the legiflature of this ftate may from time to time make, concerning the fame.

XXXVI. AND BE IT FURTHER ORDAINED, That all grants of land within this late, made by the king of Great-Britain, or perfons acting under his authority, after the fourteenth day of October, one thousand feven hundred and feventy-five, fhall be null and void: But that nothing in this confitution contained shall be conftrued to affect any grants of land within this ftate, made by the authority of the faid king or his predeceffors, or to annul any charters to bodies politic, by him or them, or any of them, made prior to that day. And that none of the faid charters fhall be adjudged to be void by reason of any non-ufer or mif-ufer of any of their respective rights or privileges, between the nineteenth day of April, in the year of our Lord one thousand feven hundred and feventy-five, and the publication of this conftitution. And further, That all fuch of the officers defcribed in the faid charters respectively, as by the terms of the faid charters, were to be appointed by the governor of the colony of New-York, with or without the advice and confent of the council of the faid king, in the faid colony, fhall henceforth be appointed by the council eftablished by this confiitution, for the appointment of officers in this ftate, until otherwife directed by the legiflature.

XXXVII. AND WHEREAS it is of great importance to the fafety of this flate, that peace and amity with the Indians within the fame, be all times Importance of peace fupported and maintained. AND WHEREAS the frauds with the Indians. too often practiled towards the faid Indians, in contracts made for their lands, have in divers inftances been productive of dangerous difcontents and animofities; BE IT ORDAINED, That no purchases or

contracts for the fale of lands, made fince the fourteenth day of October, in the year of our Lord, one thousand feven hundred and feventy-five, or which may hereafter be made with or of the faid Indians, within the limits of this ftate, fhall be binding on the faid Indians, or deemed valid, unless made under the authority, and with the confent of the legiflature of this ftate.

XXXVIII. AND WHEREAS we are required by the benevolent principles of rational liberty, not only to expel civil tyranny, but alfo to guard against that fpiritual oppreffion and intollerance, wherewith the bigotry and ambition of weak and wicked priefts and princes have fcourged mankind: This convention doth further, in the name and by the authority of the good people of this ftate, ORDAIN, DETERMINE AND DECLARE, That Free exercife of re- the free exercife and enjoyment of religious profeffion and ligion. worship, without difcrimination or preference, fhall for ever hereafter be allowed within this flate to all mankind. Provided, That the liberty of confcience hereby granted, fhall not be fo conftrued, as to excufe acts of licentioufnefs, or jullify practices inconfiftent with the peace or fafety of this flate.

XXXIX. AND WHEREAS the minifters of the gofpel are, by their profeflion, dedicated to the fervice of God and the cure of fouls, and ought not to be diverted from the great duties of their function; therefore no No minifter of the minifter of the gofpel, or prieft of any denomination whatgofpel, or prift, to foever, fhall at any time hereafter, under any pretence or Hold any office. defcription whatever, be eligible to, or capable of holding

any civil or military office or place, within this ftate.

XL. AND WHEREAS it is of the utmost importance to the fafety of every state, that it fhould always be in a condition of defence; and it is the duty of every man who enjoys the protection of fociety, to be prepared and willing to defend it: This convention therefore, in the name and by the authority of the good people of this flate, doth ORDAIN, DETERMINE

Miltitia.

Quakers.

AND DECLARE, That the militia of this flate, at all times hereafter, as well in peace as in war, fhall be armed and difciplined, and in readiness for fervice. That all fuch of the inhabitants of this flate, being of the people called Quakers, as from fcruples of confcience may be averfe to the bearing of arms, be therefrom excufed by the leg flature; and do pay to the ftate fuch fums of money in lieu of their perfonal fervice, as the fame may, in the judgment of the legiflature, be worth: And that a proper magazine of warlike ftores, proportionate to the number of inhabitans, be for ever hereafer at the expence of this flate, and by acts of the legitlature, cftablished, maintained, and continued in every county in this flate.

Magazine.

Trial by jury.

XLI. And this convention doth further ORDAIN, DETERMINE AND DECLARE, in the name and by the authority of the good people of this ftate, That trial by jury, in all cafes in which it hath heretofore been used in the colony of New-York, fhall be eftablished, and remain inviolate for ever. And that no acts of attainder shall be pafled by the legifiature of this ftate, for crimes other than thofe committed before the termination of the prefent war; and that fuch acts fhall not work a corAll new courts to ruption of blood. And further, thar the legiflature of this proceed according to ftate fhall at no time hereaf er, infire any new court or

the coinmon law. courts, but fuch as fhall proceed according to the course

of the common law.

XLII. And this convention doth further, in the name and by the authority of the good people of this flate, ORDAIN, DETERMINE AND DE Naturalization of CLARE, That it fhall be in the difcretion of the legislature kreigners. to naturalize all fuch perfons, and in fuch manner as they fhall think proper; provided all fuch of the perfons fo to be by them naturalized, as being born in parts beyond fea, and out of the United States of America, fhall come to fettle in, and become fubjects of this flate, fhall take an oath of allegiance to this flate, and abjure and renounce all allegiance and fubjection to all and every foreign king, prince, potentate and itate, in all matters ecclefiaftical as well as civil.

By order,

LEONARD GANSEVOORT,

PRESID. P. T.

L

A

W S

OF THE

STATE OF NEW-Y OR K.

Paffed in the FIRST SESSION of the LEGISLATURE, held at POUGHKEEPSIE, in DUTCHESS COUNTY.

CHAP. XIL

An ACT to organize the Government of this State.

Bill revised by

council of revifion,&c.

this cafe.

I.

BE

Pafled 16th March, 1778.

E it enacted by the people of the fate of New-York, reprefenied in fenate and affembly, and it is hereby mode of proceeding in enacted by the authority of the fame, That whenever and as often as a bill fhall have been revifed by the council, appointed to revife all bills about to be pafled into laws, by the legiflature (and which council fhall, forever hereafter, be known by the name of, The Council of Revifion) and the faid council fhall have thereon declared, that it did not appear to them improper, that the faid bill fhould become a law of this ftate; or if the faid bill fhall have been before the faid council, by the fpace of ten days, and fhall not have been returned by the faid council, with their objections thereto, as by the conftitution of this ftate is required; whereby the fame fhall have become a law of this ftate, a certificate thereof as the cafe may be, to be fubfcribed by the perfon adminiftring the government of this ftate for the time being, fhall be endorsed on fuch law: Whereupon the faid perfon adminiftring the government, fhall, with his own proper hand, deliver fuch law to the fecretary of the ftate, for the time being, or his fworn deputy; who fhall caufe the fame to be depofited in the fecretary's office, and recorded in a book or books to be kept for that purpose. And that whenever, and as often as a bill, returned by the faid council of revifion, to be re-confidered, fhall, notwithstanding, be pafled into a law, the prefident of the fenate, or fpeaker of the affembly, in which foever the fame fhall,upon fuch re-confideration, laft pafs, fhall deliver fuch law, with his own proper hand, to the fecretary of the ftate for the time being, or lis fworn deputy, to be depofited and recorded as aforefaid; and the fecretary of the flate for the time being, or his fworn deputy, fhall attend at every feffion of the legislature, for the purpofe of receiving laws, to be delivered to him as aforefaid.

D