fund; the interest of which, shall be inviolably appropriated and applied, to the support of common schools throughout this state. Rates of toll, not less than those agreed to, by the canal commissioners, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, shall be imposed on, and collected from, all parts of the navigable communications between the great western and northern lakes, and the Atlantic ocean, which now are, or hereafter shall be made and completed: And the said tolls, together with the duties on the manufacture of all salt, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen ; and the duties on goods sold at auction, excepting therefrom, the sum of thirtythree thousand five hundred dollars, otherwise appropriated by the said act; and the amount of the revenue, established by the act of the legislature of the thirtieth of March, one thousand eight hundred and twenty, in lieu of the tax upon steam boat passengers; shall be and remain inviolably appropriated and applied to the completion of such navigable communications, and to the payinent of the interest, and reimbursement of the capital, of the money already borrowed, or which hereafter shall be borrowed, to make and complete the same. And neither the rates of toll on the said navigable communications; nor the duties on the manufacture of salt aforesaid; nor the duties on goods sold at auction, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen; nor the amount of the revenue, established by the act of March the thirtieth, one thousand eight hundred and twenty, in lieu of the tax upon steam boat passengers; shall be reduced or diverted, at any time before the full and complete payment of the principal and interest of the money borrowed, or to be borrowed, as aforesaid. And the legislature shall never sell, or dispose of the salt springs belonging to this state, nor the lands contiguous thereto, which may be necessary, or convenient, for their use, nor the said navigable communications, or any part or section thereof; but the same shall be, and remain the property of this state

SEC. XI. No lottery shall hereafter be authorised in this state; and the legislature shall pass laws to prevent the sale of all lottery tickets within this state, except in lotteries already provided for by law.

SEC. XII. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventyfive, or which may hereafter be made, of, or with the Indians in this state, shall be valid, unless made under the authority, and with the consent of the legislature.

SEC. XIII. Such parts of the common law, and of the acts of the legislature of the colony of New-York, as together did form the law of the said colony, on the ninteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New-York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed, or altered; and such acts of the legislature of this state, as are now in force, shall be and continue the law of this state, subject to such alterations, as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.

SEC. XIV. All grants of land within this state, made by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void but nothing contained in this constitution, shall affect any grants of land within this state, made by the authority of the said king or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day or shall affect any such grants or charters

since made by this state, or by persons acting under its authority; or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.

ARTICLE EIGHTH.

SEC. I. Any amendment, or amendments, to this constitution, may he proposed in the senate or assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment, or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen; and shall be published, for three months previous to the time of making such choice; and, if in the legislature next chosen as aforesaid, such proposed amendment, or amendments, shall be agreed to, by two thirds of all the members elected to each house, then it shall be the duty of the legis lature to submit such proposed amendment, or amendments, to the people, in such manner, and at such time, as the legislature shall prescribe and if the people shall approve and ratify such amendment, or amendments, by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment, or amendments, shall become part of the constitution,

ARTICLE NINTH.

SEC. I. This constitution shall be in force, from the last day of December, in the year one thousand eight hundred and twenty-two. But all those parts of the same, which relate to the right of suffrage; the division of the state, into senate-districts; the number of members of the assembly to be elected, in pursuance of this constitution; the apportionment of members of assembly; the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; the continuance of the members of the present legislature in office, until the first day of January, in the year one thousand eight hundred and twenty-three; and the prohibition against authorising lotteries; the prohibition against appropriating the public monies, or property, for local or private purposes, or creating, continuing, altering, or renewing any body politic or corporate, without the assent of two-thirds of the members elected to each branch of the legislature, shall be in force, and take effect, from the last day of February next. The members of the present legislature, shall, on the first Monday of March next, take and subscribe an oath or affirmation, to support this constitution, so far as the same shall then be in force, Sheriffs, clerks of counties, and coroners, shall be elected at the election hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; but they shall not enter on the duties of their offices, before the first day of January then next following. The commissions of all persons holding civil offices on the last day of December, one thousand eight hundred and twenty-two, shall expire on that day; but the officers then in commission, may respectively continue to hold their said offices until new appointments, or elections, shall take place under this constitution.

SEC. II. The existing laws relative to the manner of notifying, holding, and conducting elections, making returns, and canvassing votes, shall be in force, and observed in respect to the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; so far as the same are applicable. And the present legislature shall pass such other and further laws, as may be requisite for the execution of the provisions of this constitution, in respect to elections.

DONE in Convention, at the Capitol in the city of Albany, the tenth day of
November, in the year one thousand eight hundred and twenty-one, and
of the independence of the United States of America, the forty-sixth.
In witness whereof, we have hereunto subscribed our names.

DANIEL D. TOMPKINS, President, and Delegate from the county of Richmond.

Secretaries.

DELEGATES.

COUNTIES.

Oneida and Oswego.

Rensselaer.

[* Mr. Jansen_died during the sitting of the Convention, before the Constitution was adopted.]

State of New-York, ss.

WE, the Secretary, Surveyor-General, Attoney-General, Comptroller and Treasurer of the said state, having duly calculated and ascertained the whole number of votes given at an election held in the several towns and wards in this state, on the fifteenth, sixteenth and seventeenth days of January, in the year one thousand eight hundred and twenty-two, pursuant to certain resolutions of the convention called under the act, entitled "An act recommending a convention of the people of this state," passed March 13, 1821, Do Determine and Declare, conformably to the transcripts returned to the Secretary's office, that the whole number of votes duly given at such election was one hundred