"He has excited domeftic infurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers the merciless Indian favages, whofe known rule of warfare is an undiftinguishing deftruction of all ages, fexes and conditions.

"In every stage of thefe oppreffions, we have petitioned for redrefs in the most humble terms: our repeated petitions have been anfwered only by repeated injury. A prince whofe character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.

"Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumftances of our emigration and fettlement here. We have appealed to their native juftice and magnanimity, and we have conjured them by the ties of our common kindred, to difavow thefe ufurpations, which would inevitably interrupt our connection and correfpondence. They too have been deaf to the voice of juftice and of confanguinity. We muft therefore acquiefce in the neceffity which denounces our féparation, and hold them as we hold the reft of mankind, enemies in war; in peace, friends.

"We, therefore, the Reprefentatives of the United States of America, in general congrefs affembled, appealing to the Supreme Judge of the world, for the rectitude of our intentions, do, in the name, and by the authority of the good people of thefe colonies, folemnly publifh and declare, That the fe The united colonies united colonies are, and of right ought to be,FREE AND INdeclared free and in- DEPENDENT STATES; that they are abfolved from all dependent states. allegiance to the British crown, and that all political connection between them and the ftate of Great-Britain, is, and ought to be totally diffolved; and that as free and independent ftates, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent ftates may of right do. And for the fupport of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our facred honour."

York.

Declaration of in- AND WHEREAS this convention having taken this decladependence approved ration into their moft ferious confideration, did, on the ninth by the convention of the itate of New day of July laft paft, unanimously refolve, That the reafons affigned by the continental congrefs, for declaring the united colonies free and independent flates, are cogent and conclufive: And that while we lament the cruel neceflity which has rendered that meafure unavoidable, we approve the fame, and will, at the rifque of our lives and fortunes, join with the other colonies in fupporting it.

The convention au- By virtue of which feveral acts, declarations and proceedorifed to eftablish ings, mentioned and contained in the afore-recited refolves a government, or refolutions of the general congrefs of the united American ftates, and of the congreffes or conventions of this flate, all power whatever therein hath reverted to the people thereof, and this convention hath by their fuffrages and free choice been appointed, and among other things authorised to inftitute and establish fuch a government, as they fall deem beft calculated to fecure the rights and liberties of the good people of this flate, moft conducive of the happiness and fafety of their conflituents in particular, and of America in general.

No authority to be

Prople, but fich as

thein.

I. This convention, therefore, in the name and by the excrafed over the authority of the good people of this ftate, DOTH ORDÁIN, haft be derived from DETERMINE AND DECLARE, That no authority fhail, on any pretence whatever, be exercifed over the people or members of this flate, but fuch as fhall 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 fupreme le giflative power within this flate, fhall be vefted in two feparate and diftinct bodies of men; the one to be called, the Affembly Legiflative power velted in an affembly of the ftate of New-York; The other to be called, the Senate of the flate of New-York; who together fhall form the Legiflature, and meet once at least in every year for the dispatch of bufinefs.

and fenate.

III. AND WHEREAS laws inconfiftent with the fpirit of this conftitution, or with the public good, may be haftily and unadvifedly pafled; Be it ordained, That the governor for the time being, the chancellor and the judges of the fupreme court, or any two of them, together with the governor, fhail be, and hereby are, conftituted a council to revife Council of revifion. all bills about to be paffed into laws by the legiflature. And for that purpose fhall aflemble themselves, from time to time, when the iegiflature fhall be convened; for which, nevertheless, they fhall not receive any falary or confideration under any pretence whatever. And that all bills which have paffed the fenate and affembly fhall, before they become laws, be prefented to the faid council for their revifal and confideration; and if upon fuch revifion and confideration, it fhould appear improTheir duty. per to the faid council, or a majority of them, that the faid bill fhould become a law of this flate, that they return the fame, together with their objections thereto, in writing, to the fenate, or houfe of affembly, in whichfoever the fame fhall have originated, who fhall enter the objections fent down by the council, at large, in their minutes, and proceed to re-confider the faid bill. But if after fuch re-confideration, two thirds of the faid fenate, or houfe of affembly, fhall, notwithflanding the faid objections, agree to pass the fame, it fhall, together with the objections, be fent to the other branch of the legiflature, where it fhall alfo be re-confidered, and if approved by two thirds of the members prefent, fhall be a law.

And in order to prevent any unneceffary delays,

Bills to become laws

days.

BEIT FURTHER ORDAINED, That ifany bill fhall not if not returned in ten be returned by the council, within ten days after it fhall have been prefented, the fame fhall be a law, unless the legislature fhall, by their adjournment, render a return of the faid bill within ten days, impracticable; in which cafe the bill fhall be returned on the firft day of the inceting of the legislature, after the expiration of the faid ten days.

The affembly to con

IV. That the aflembly fhall confift of at leaft feventy fift of 70 members, an- members, to be annually chofen in the feveral counties, in

nually chofen.

the proportions following, viz.

For the city and county of New-York,

The members to be The city and county of* Albany, chefen in each coun- The county of Duchefs,

ty.

The county of Weftchefter,

The county of Ulfer,

New apportionment The county of Suffolk, made 14th Seff. Ch. 4. The county of Queen's,

• Divided into feveral counties, 9th Seff. Ch. 28, and 14th Seff. Cl1. 4.

Nine.

Ten.

Seven.

Six.

Six.

Five.

Four.

Cenfa to be taken.

jully proportioned,

jet it.

An account to be ta

The county of Gloucester,

V. That as foon after the expiration of seven years, subfequent to the termination of the prefent war, as may be, a cenfus of the electors and inhabitants in this itate be taken, under the direction of the legislature. And if on fuch cenfus it fhall appear, that the numIf the number of ber of reprefentatives in the affembly from the faid counreprefentatives is not ties, is not justly proportioned to the number of electors in the legilature to ad- in the faid counties refpectively, that the legislature do adjust and apportion the fame by that rule. And further, that ken once in every fe- once in every seven years, after the taking of the said first cenfus, a juft account of the electors refident in each county fhall be taken; and if it fhall thereupon appear, that the number of electors in any county, fhall have increated or diminished one or more feventieth parts of the whole number of electors, which on the faid first cenfus fhall be found in this ftate, the number of reprefentatives for fuch county fhall be increased or diminished accordingly, that is to fay, one reprefentative for every seventieth part as aforefaid.

ven years.

VI. AND WHEREAS an opinion hath long prevailed Voting by ballot, among divers of the good people of this flate, 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 foon as may be, after the termination of the prefent war, between the United States of America and Great-Britain, an act, After the war, elec. Or acts be paffed by the legislature of this state, for caufing tions to be by ballot. all elections thereafter to be held in this ftate for fenators and reprefentatives in afflembly, to be by ballot, and directing the manner in which the fame fhall be conducted. AND WHEREAS it is poffible, that after all the care of the legislature, in framing the faid act or acts, certain inconveniences and mifchiefs, unforeseen at this day, may be found to attend the faid mode of electing by ballot :

IT IS FURTHER ORDAINED, That if after a full and fair experiment shall be made of voting by ballot a forefaid, the fame fhall be found less conducive to thefafety or intereft of the state, than the method of voting viva voce, it shall Balloting to be a- be lawful and conflitutional for the legislature to abolish the bethed if found in fame; Provided two thirds of the members prefent in each house respectively fhall concur therein. And further, that during the continuance of the prefent war, and until the legislature of this face fhall provide for the election of fenators and reprefentatives in aflembly by bollot, the faid elections fhall be made viva voce.

convenient.

VII. That every male inhabitant of full age, who fhall have perfonally refided within one of the counties of this ftate, for fix months immediately

+ Nuine altered, 7th Seff. Ch. 17, and divided into feveral counties, 12th Seff. Ch. 11, and 14th Sell. Ch. 13.

Name altered, 7th Seff. Ch. 17, and part of it erected into a new county, by the name of Clinton, 111 Seff. Ch. 63, Sec. 2.

Now part of the state of Vermont,

No authority to be

people, but fuch as

them.

I. This convention, therefore, in the name and by the exercifed over the authority of the good people of this state, DOTH ORDÁIN, thall be derived from DETERMINE AND DECLARE, That no authority fhall, on any pretence whatever, be exercifed over the people or members of this flate, but fuch as fhall 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 fupreme le giflative power within this ftate, fhall be vefted in two feparate Legislative power and diftinct bodies of men; the one to be called, the Affembly

and fenate.

veted in an affembly of the flate of New-York; The other to be called, the Senate of the ftate of New-York; who together fhall form the Legiflature, and meet once at leaft in every year for the difpatch of bufinefs.

III. AND WHEREAS laws inconfiftent with the fpirit of this conftitution, or with the public good, may be haftily and unadvifedly paffed; Be it ordained, That the governor for the time being, the chancellor and the judges of the fupreme court, or any two of them, together with the goverCouncil of revifion. nor, fhail be, and hereby are, conftituted a council to revife all bills about to be paffed into laws by the legislature. And for that purpose shall affemble themselves, from time to time, when the iegiflature fhall be convened; for which, nevertheless, they shall not receive any falary or confideration under any pretence whatever. And that all bills which have paffed the fenate and affembly fhall, before they become laws, be prefented to the faid council for their revifal and confideration; and if upon fuch revifion and confideration, it fhould appear improTheir duty. per to the faid council, or a majority of them, that the faid bill fhould become a law of this ftate, that they return the fame, together with their objections thereto, in writing, to the fenate, or houfe of affembly, in whichfoever the fame fhall have originated, who fhall enter the objections fent down by the council, at large, in their minutes, and proceed to re-confider the faid bill. But if after fuch re-confideration, two thirds of the faid fenate, or houfe of affembly, fhall, notwithstanding the faid objections, agree to pass the fame, it fhall, together with the objections, be fent to the other branch of the legislature, where it fhall alfo be re-confidered, and if approved by two thirds of the members prefent, fhall be a law.

And in order to prevent any unneceffary delays,

Bills to become laws

days.

BE IT FURTHER ORDAINED, That ifany bill fhall not if not returned in ten be returned by the council, within ten days after it fhall have been prefented, the fame fhall be a law, unless the legislature fhall, by their adjournment, render a return of the faid bill within ten days, impracticable; in which cafe the bill fhall be returned on the first day of the meeting of the legislature, after the expiration of the faid ten days.

The affembly to con

IV. That the aflembly fhall confift of at leaft feventy fift of 70 members, an- members, to be annually chofen in the feveral counties, in nually chofen.

the proportions following, viz.

For the city and county of New-York,

The members to be The city and county of * Albany, chefen in each coun- The county of Duchefs,

ty.

The county of Westchester,

The county of Ulfter,

New apportionment The county of Suffolk, made 14th Seff. Ch. 4. The county of Queen's,

* Divided into feveral counties, 9th Seff. Ch. 28, and 14th Seff. Ch. 4.

Nine.

Ten.

Seven.

Six.

Six.

Five.

Four.

Cenfus to be taken.

jultly proportioned,

just it.

The county of Cumberland,

The county of Gloucester,

V. That as foon after the expiration of seven years, fubfequent to the termination of the prefent war, as may be, a cenfus of the electors and inhabitants in this ftate be taken, under the direction of the legislature. And if on fuch cenfus it shall appear, that the numIf the number of ber of reprefentatives in the affembly from the faid counreprefentatives is not ties, is not justly proportioned to the number of electors in the legillature to ad- in the faid counties refpectively, that the legislature do adjust and apportion the fame by that rule. And further, that ken once in every fe- once in every seven years, after the taking of the faid first cenfus, a juft account of the electors refident in each county shall be taken; and if it fhall thereupon appear, that the number of electors in any county, fhall have increated or diminished one or more feventieth parts of the whole number of electors, which on the faid first cenfus fhall be found in this ftate, the number of reprefentatives for fuch county fhall be increased or diminished accordingly, that is to fay, one reprefentative for every feven→ tieth part as aforefaid.

An account to be ta

ven years.

VI. AND WHEREAS an opinion hath long prevailed Voting by ballot. among divers of the good people of this flate, 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 foon as may be, after the termination of the prefent war, between the United States of America and Great-Britain, an act, After the war, elec. Or acts be palled by the legiflature of this state, for caufing tions to be by ballot. all elections thereafter to be held in this state for fenators and reprefentatives in affembly, to be by ballot, and directing the manner in which the fame fhall be conducted. AND WHEREAS it is poffible, that after all the care of the legislature, in framing the faid act or acts, certain inconveniences and mischiefs, unforeseen at this day, may be found to attend the faid mode of electing by ballot :

IT IS FURTHER ORDAINED, That if after a full and fair experiment shall be made of voting by ballot a forefaid, the fame fhall be found less conducive to thefafety or intereft of the ftate, than the method of voting viva voce, it shall Balloting to be abe lawful and conftitutional for the legislature to abolish the bulched if found in fame; Provided two thirds of the members prefent in each houfe refpectively fhall concur therein. And further, that during the continuance of the prefent war, and until the legislature of this ftate fhall provide for the election of fenators and reprefentatives in affembly by bollot, the faid elections fhall be made viva voce.

convenient.

VII. That every male inhabitant of full age, who fhall have perfonally refided within one of the counties of this flate, for fix months immediately

Nane altered, 7th Seff. Ch. 17, and divided into feveral counties, 12th Seff. Ch. 11, and 14th Sell. Ch. 10.

Name altered, 7th Seff. Ch. 17, and part of it erected into a new county, by the name of Clinton, 1th Seff. Ch. 63, Sec. 2.

Now part of the fate of Vermont.