sons who have been, or may be convicted of bribery, larceny, or of any infamous crime, and for depriving every person who shall make, or become directly or indirectly interested in any bet or wager depending upon the result of any election, from the right to vote at such election. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning, nor while kept at any alms house, or other asylum, at public expense; nor while confined in any public prison.

Superfluous.

4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established. 5. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen. Does not belong in a Constitution.

ARTICLE III. Legislative.-1. The legislative power of this State shall be vested in a Senate and Assembly.

2. The Senate shall consist of thirty-two members, and the Senators shall be chosen for two years. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected.

3. The State shall be divided into thirty-two districts, to be called Senate Districts, each of which shall choose one Senator. The districts shall be numbered from one to thirty-two inclusive. District No. 1, shall consist of the counties of Suffolk, Richmond and Queens. District No. 2 shall consist of the county of Kings. Districts Nos. 3, 4, 5, and 6, shall consist of the city and county of New York. And the board of supervisors of said city and county shall, on or before the first day of May, 1847, divide the said city and county into the number of Senate Districts to which it is entitled, as near as may be of an equal number of inhabitants excluding aliens and persons of color not taxed, and consisting of convenient and contiguous territory, and no Assembly District shall be divided in the formation of a Senate District. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and boun. daries of each district and the population thereof, to be filed in the office of the Secretary of State, and of the clerk of the said city and county. District No. 7 shall consist of the counties of Westchester, Putnam and Rockland. District No. 8 shall consist of the counties of Dutchess and Columbia. District No. 9 shall consist of the counties of Orange and Sullivan. District No. 10 shall consist of the counties of Ulster and Greene. District No. 11 shall consist of the counties of Albany and Schenectady. District No. 12 shall consist of the county of Rensselaer. District No. 13 shall consist of the counties of Washington and Saratoga. District No. 14 shall consist of the counties of Warren, Essex and Clinton. District No. 15 shall consist of the counties of St. Lawrence and Franklin. District No. 16 shall consist of the counties of Herkimer, Hamilton, Fulton and Montgomery. District No. 17 shall consist of the counties of Schoharie and Delaware. District No. 18 shall consist of the counties of Otsego and Chenango. District No. 19 shall consist of the county of Oneida. District No. 20

shall consist of the counties of Madison and Oswego. District No. 21 shall consist of the counties of Jefferson, and Lewis. District No. 22 shall consist of the county of Onondaga. District No. 23 shall consist of the counties of Cortland, Broome and Tioga. District No. 24 shall consist of the counties of Cayuga and Wayne. District No. 25 shall consist of the counties of Tompkins, Seneca and Yates. District No. 26 shall consist of the counties of Steuben and Chemung. District No. 27 shall consist of the county of Monroe. District No. 28 shall consist of the counties of Orleans, Genesee and Niagara District No. 29 shall consist of the counties of Ontario and Livingston. District No. 30 shall consist of the counties of Allegany and Wyoming. District I o. 31 shall consist of the county of Erie. District No. 32 shall consist of the counties of Chautauque and Cattaraugus.

This list does not belong to the Constitution.

4. An enumeration of the inhabitants of the State shall be taken under the direction of the Legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the Legislature, at the first session after the return of every enumeration, that each Senate District shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory, and no county shall be divided in the formation of a Senate District, except such county shall be equitably entitled to two or more Senators.

5. The members of Assembly shall be apportioned among the several counties of this State, BY THE LEGISLATURE as nearly as may be, according to the number of their respective inhabitants, excluding aliens. and persons of color not taxed, and shall be chosen by single districts.

The several boards of supervisors in such counties of this State, as are now entitled to more than one member of Assembly, shall assemble on the first Tuesday of January next, and divide their respective counties into Assembly Districts equal to the number of members of Assembly to which such counties are now severally entitled by law, and shall cause to be filed in the offices of the Secretary of State and the clerks of their respective counties, a description of such Assembly Districts, specifying the number of each district and the population thereof, according to the last preceding State enumeration, as near as can be ascertained. Each Assembly District shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens and persons of color not taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of Assembly Districts.

The Legislature, at its first session after the return of every enumeration, shall re-apportion the members of Assembly among the several counties of this State, in manner aforesaid, and the boards of supervisors in such counties as may be entitled, under such re-apportionment, to more than one member, shall assemble at such time as the Legislature making such re-apportionment shall prescribe, and divide such counties into Assembly Districts, in the manner herein directed; and the apportionment and districts so to be made shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section.

Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of the Assembly, and no new county shall be hereafter erected, unless its population shall entitle it to a member.

The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member.

The second sentence is matter of special law from the words "the several boards" to "entitled to a member."

6. The members of the Legislature shall receive for their services a sum not exceeding three dollars a day, from the commencement of the session; but such pay shall not exceed in the aggregate three hundred dollars for per diem allowance, except in the proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until 1848. When convened in extra session by the Governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting on the most usual route. The Speaker of the Assembly shall, in virtue of his office, receive an additional compensation equal to one-third of his per diem allowance as a member.

Special lawgiving.

7. No member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appointment, shall be void.

The last sentence is superfluous.

8. No person being a member of Congress, or holding any judicial or military office under the United States, shall hold a seat in the Legislature. And if any person shall, after his election as a member of the Legislature, be elected to Congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.

9. The elections of Senators and members of Assembly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the Legislature.

10. A majority of each house shall constitute a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members, shall choose its own officers, and the Senate shall choose a temporary president, when the Lieutenant-Governor shall not attend as president, or shall act as Governor.

11. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secresy. The doors of each house shall be kept open, except when the public welfare shall require secresy. Neither house shall, without the consent of the other, adjourn for more than two days.

12. For any speech or debate in either house of the Legislature, the members shall not be questioned in any other place.

Superfluous.

E

13. Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended by the other.

14. The enacting clause of all bills shall be "The people of the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill.

15. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the Legislature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal.

16. No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.

17. The Legislature may confer upon the boards of supervisors, of the several counties of the State, such farther powers, local, legislative and administrative, as they shall from time to time prescribe.

Is matter of course.

ARTICLE IV. Executive.-1. The executive power shall be vested in a Governor, who shall hold his office for two years; a LieutenantGovernor shall be chosen at the same time, and for the same term.

2. No person, except a citizen of the United States, shall be eligible to the office of Governor; nor shall any person be eligible to that of fice, who shall not have attained the age of thirty years, and who shall not have been five years next preceding his election, a resident within this State.

3. The Governor and Lieutenant-Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the highest number of votes for Governor and Lieutenant-Governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the Legislature at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor, or Lieutenant-Governor.

4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. He shall have power to convene the Legislature (or the Senate only,) on extraordinary occasions. He shall communicate by message to the Legislature at every session, the condition of the State, and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election and during his continuance in office.

The first sentence is not in accordance with the principle of self-government in a confederate state.

5. The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulation as may be provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to sus

pend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a farther reprieve. He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted; staung the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

The same, and matter of special lawgiving.

6. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of a military force thereof. he shall continue Commander-in-Chief of all the military force of the State.

7. The Lieutenant-Governor shall possess the same qualifications of eligibility for office as the Governor. He shall be President of the Senate, but shall have only a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor, until the vacancy be filled, or the disability shall cease.

8. The Lieutenant-Governor shall, while acting as such, receive a compensation which shall be fixed by law, and which shall not be increased or diminished during his continuance in office.

9. Every bill which shall have passed the Senate and Assembly, shall, before it becomes a law, be presented to the Governor if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of all the members present, it shall become a law, notwithstanding the objections of the Governor. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature shall, by their adjournment, prevent its return, in which case it shall not be a law.

ARTICLE V. Administrative.—1. The Secretary of State, Comptroller, Treasurer and Auorney General shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this article named (except the Speaker of the Assembly,) shall at stated times, during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, to his use, any fees or perquisites of office, or other compensation.