province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies:

"For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments:

"For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

"He has abdicated government here, by declaring us out of his protection, and waging war against us.

"He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is, at this time transporting large armies of foreign mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. "He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.

"He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.

"In every stage of these oppressions, we have petitioned for redress in the most humble terms. Our repeated petitions have been answered only by repeated injury. A prince whose 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 circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connection and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must therefore acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind, enemies in war; in peace, friends.

We, therefore, the Representatives of the United States of America, in general Congress assembled, 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 these colonies, solemnly publish and declare, That these united colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved; and that as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And for the support 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 sacred honor."

AND WHEREAS, this convention having taken this declaration into their most serious consideration, did on the ninth day of July last past, unanimously resolve, That the reasons assigned by the continental Congress, for declaring the united colonies free and independent States, are cogent and conclusive; and that while we lament the cruel necessity which has rendered that measure unavoidable, we approve the same, and will at the risk of our lives and fortunes, join with the other colonies in supporting it.

By virtue of which several acts, declarations and proceedings, mentioned and contained in the afore-recited resolves or resolutions of the general Congress of the United American States, and of the congresses

or conventions of this State, all power whatever therein hath reverted to the people thereof, and this convention hath by their suffrages and free choice been appointed, and among other things authorized to institute and establish such a government as they shall deem best calculated to secure the rights and liberties of the good people of this State, most conducive of the happiness and safety of their constituents in particular, and of America in general.

I. This Convention, therefore, in the name and by the authority of the good people of this State, DOTH ORDAIN, DETERMINE, AND DECLARE, that no authority shall, on any pretense whatever, be exercised over the people or members of this State, but such as shall 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 State, ORDAIN, DETERMINE AND DECLARE, that the supreme legislative power, within this State shall be vested in two separate and distinct bodies of men-the one to be called, the Assembly of the State of New York-the other to be called, the Senate of the State of New York-who together shall form the legislature, and meet once at least in every year, for the dispatch of business.

III. AND WHERAS, laws, inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed: BE IT ORDAINED, that the Governor, for the time being, the Chancellor, and the Judges of the Supreme Court or any two of them, together with the Governor-shall be, and hereby are, constituted a Council, to revise all bills about to be passed into laws by the legislature; and for that purpose shall assemble themselves from time to time, when the legislature shall be convened: for which, nevertheless, they shall not receive any salary or consideration, under any pretense whatever. And that all bills, which have passed the Senate and Assembly, shall, before they become laws, be presented to the said Council, for their revisal and consideration: and if, upon such revision, and consideration, it should appear improper to the said Council, or a majority of them, that the said bill should become a law of this State, that they return the same, together with their objections thereto in writing, to the Senate or House of Assembly (in whichsoever the same shall have originated) who shall enter the objections, sent down by the Council, at large in their minutes, and proceed to reconsider the said bill. But if, after such reconsideration, two-thirds of the said Senate or House of Assembly, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and, if approved by two thirds of the members present, shall be a law.

And in order to prevent any unnecessary delays, BE IT FURTHER ORDAINED, that if any bill shall not be returned by the Council within ten days after it shall have been presented, the same shall be a law, unless the legislature shall, by their adjournment, render a return of the said bill, within ten days, impracticable; in which case, the bill shall be returned on the first day of the meeting of the legislature, after the expiration of the said ten days.*

IV. That the Assembly shall consist of at least seventy members, to be annually chosen in the several counties, in the proportions following, viz. :.

*The whole number of bills passed by the legislature under this Constitution was six thousand five hundred and ninety. The Council of Revision objected to one hundred and twenty-eight, of which seventeen were passed notwithstanding these objections.

† Now included in the State of Vermont.

V. That as soon, after the expiration of seven years (subsequent to the termination of the present war), as may be, a census of the electors and inhabitants in this State be taken, under the direction of the Legislature.* And if, on such census, it shall appear, that the number of Representatives in Assembly, from the said counties, is not justly proportioned to the number of electors, in the said counties respectively, that the Legislature do adjust and apportion the same by that rule. And further, that once in every seven years, after the taking of the said first census, a just account of the electors, resident in each county, shall be taken; and if it shall thereupon appear, that the number of electors, in any county, shall have increased or diminished one or more seventieth parts of the whole number of electors, which, on the said first census, shall be found in this State, the number of Representatives for such county shall be increased or diminished accordingly—that is to say, one Representative for every seventieth part as aforesaid.†

VI. AND WHEREAS an opinion hath long prevailed among divers of the good people of this State, 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 soon as may be after the termination of the present war, between the United States of America and Great Britain, an act or acts be passed by the Legislature of this State, for causing all elections thereafter to be held in this State, for Senators and Representatives in Assembly, to be by ballot, and directing the manner, in which the same shall be conducted.‡ AND WHEREAS it is possible, that after all the care of the Legislature, in framing the said act or acts, certain inconveniencies, and mischiefs, unforeseen at this day, may be found to attend the said mode of electing by ballot:

It is further ordained, that if, after a full and fair experiment shall be made of voting by ballot aforesaid, the same shall be found less conducive to the safety or interest of the State, than the method of voting viva voce, it shall be lawful, and constitutional for the Legislature to abolish the same; provided, two-thirds of the members, present in each House respectively, shall concur therein: And further, that, during the continuance of the present war, and until the Legislature of this State shall provide for the election of Senators and Representatives in Assembly, by ballot, the said elections shall be made viva voce.

VII. That every male inhabitant, of full age, who shall have personally resided within one of the counties of this State for six months immediately preceding the day of election, shall at such election, be entitled to vote for Representatives of the said county in Assembly; if, during the time aforesaid, he shall have been a freeholder, possessing á freehold of the value of twenty pounds, within the said county, or have rented a tenement therein, of the yearly value of forty shillings, and been rated and actually paid taxes to this State: provided, always, that every person, 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 seventy-five, and shall be actually and usually resident in the said cities respectively, shall be entitled to vote for Representatives in Assembly, within his said place of residence.

VIII. That every elector, before he is admitted to vote, shall, if required by the returning officer, or either of the inspectors, take an oath, or, if of the people called Quakers, an affirmation, of allegiance to the State.

*The first census under this Constitution was taken in 1790. Others were taken in 1795, 1801, 1807, 1814, and 1821. †This clause was modified by the amendments of 1801.

The first act under this clause was passed March 27, 1778, and introduced the practice of voting by ballot for Governor and Lieutenant-Governor only, but retained the viva voce method for Senators and Assemblymen. By an act of Feb. 13, 1787, the mode of voting by ballot for the latter was introduced. The boxes containing the ballots for Governor, Lieutenant-Governor and Senators were returned by the sheriffs to the Secretary of State, to be canvassed by a joint-committee of the Legislature, until March 27, 1799, when the system of inspection and canvassing by local boards was introduced.

IX. That the Assembly, thus constituted, shall choose their own speaker, be judges of their own members, and enjoy the same privileges, and proceed in doing business, in like manner, as the assemblies of the colony of New York of right formerly did; and that a majority of the said members shall, from time to time, constitute a House, to proceed upon business.

X. And this Convention doth further, in the name and by the authority of the good people of this State, ORDAIN, DETERMINE, AND DECLARE, that the Senate of the State of New York shall consist of twenty-four freeholders; and that they be chosen by the freeholders, of this State, possessed of freeholds of the value of one hundred pounds, over and above all debts charged thereon.

XI. That the members of the Senate be elected for four years; and, immediately after the first election, they be divided by lot into four classes, six in each class, and numbered one, two, three, and four; that the seats of the members of the first class shall be vacated at the expiration of the first year, the second class the second year, and so on continually; to the end, that the fourth part of the Senate as nearly as possible, may be annually chosen.

XII. That the election of Senators shall be after this manner; that so much of this State, as is now parcelled into counties, be divided into four great districts; the southern district to comprehend the city and county of New York, Suffolk, Westchester, Kings, Queens, and Richmond counties; the middle district to comprehend the counties of Dutchess, Ulster, and Orange; the western district, the city and county of Albany, and Tryon county; and the eastern district, the counties of Charlotte, Cumberland, and Gloucester. That the Senators shall be elected by the freeholders of the said districts, qualified as aforesaid, in the proportions following, to wit, in the southern district, nine; in the middle district, six; in the western district, six; and in the eastern district, three. AND BE IT ORDAINED, that a census shall be taken, as soon as may be, after the expiration of seven years from the termination of the present war, under the direction of the legislature: and if, on such census, it shall appear, that the number of Senators is not justly proportioned to the several districts, that the legislature adjust the proportion, as near as may be, to the number of freeholders, qualified as aforesaid, in each district.* That when the number of electors, within any of the said districts, shall have increased one twenty-fourth part of the whole number of electors, which, by the said census, shall be found to be in this State, an additional Senator shall be chosen by the electors of such district. That a majority of the number of Senators, to be chosen as aforesaid, shall be necessary to continue a Senate, sufficient to proceed upon business; and that the Senate shall, in like manner with the Assembly, be the judges of its own members. AND BE IT ORDAINED, that it shall be in the power of the future legislatures of this State, for the convenience and advantage of the good people thereof, to divide the same into such further and other counties and districts, as shall to them appear necessary.

XIII. And this Convention doth further, in the name and by the authority of the good people of this State, ORDAIN, DETERMINE, AND DECLARE, that no member of this State shall be disfranchised, or deprived of any the rights or privileges secured to the subjects of this State by this constitution, unless by the law of the land, or the judgment of his peers.

XIV. That neither the Assembly nor the Senate shall have the power to adjourn themselves, for any longer time than two days, without the mutual consent of both.

XV. That whenever the Assembly and Senate disagree, a conference shall be held, in the preference of both, and be managed by committees, to be by them respectively chosen by ballot. That the doors, both of the

*Under this clause, a new arrangement of Senatorial Districts was made February 7, 1791; March 4 1796, and April 17, 1815.

Senate and Assembly, shall at all times be kept open to all persons, except when the welfare of the State shall require their debates to be kept secret. And the journals of all their proceedings shall be kept, in the manner heretofore accustomed by the General Assembly of the colony of New York; and (except such parts, as they shall, as aforesaid, respectively determine not to make public) be from day to day, (if the business of the legislature will permit) published.

XVI. It is nevertheless provided, that the number of Senators shall never exceed one hundred, nor the number of Assembly, three hundred; but that whenever the number of senators shall amount to one hundred, or of the assembly to three hundred, then and in such case the legislature shall, from time to time thereafter, by laws for that purpose, apportion and distribute the said one hundred senators and three hundred representatives, among the great districts and counties of this State, in proportion to the number of their respective electors; so that the representation of the good people of this State, both in the senate and Assembly, shall forever remain proportionate and adequate.*

XVII. And this convention doth further, in the name and by the authority of the good people of this State, ORDAIN, DETERMINE AND DECLARE, that the supreme executive power and authority of this State shall be vested in a governor; and that statedly, once in every three years, and as often as the seat of government shall become vacant, a wise and discreet freeholder of this State shall be, by ballot, elected governor, by the freeholders of this State, qualified, as before described, to elect senators; which elections shall be always held at the times and places of choosing representatives in Assembly for each respective county; and that the person who hath the greatest number of votes within the said State shall be governor thereof.

XVIII. That the governor shall continue in office three years, and shall, by virtue of his office, be general and commander-in-chief of all the militia, and admiral of the navy of this State; that he shall have power to convene the assembly and senate on extraordinary occasions ; to prorogue them from time to time, provided such prorogations shall not exceed sixty days in the space of any one year; and, at his discretion, to grant reprieves and pardons to persons convicted of crimes, other than treason or murder, in which he may suspend the execution of the sentence, until it shall be reported to the legislature at their subsequent meeting; and they shall either pardon or direct the execution of the criminal, or grant a further reprieve.

XIX. That it shall be the duty of the governor to inform the legislature, at every session, of the condition of the State, so far as may respect his department; to recommend such matters to their consideration as shall appear to him to concern its good government, welfare and prosperity; to correspond with the Continental Congress, and other States; to transact all necessary business with the officers of government, civil and military; to take care that the laws are faithfully executed, to the best of his ability; and to expedite all such measures as may be resolved upon by the legislature.

XX. That a lieutenant-governor shall, at every election of a governor (and as often as the lieutenant-governor shall die, resign or be removed from office), be elected in the same manner with the governor, to continue in office until the next election of a governor; and such lieutenantgovernor shall, by virtue of his office, be president of the Senate, and, upon an equal division, have a casting voice in their decisions, but not vote on any other occasion. And in case of the impeachment of the governor, or his removal from office, death, resignation or absence from the State, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor until another be chosen, or the governor, absent or impeached, shall return or be acquitted. Provided, That where the governor shall, with the consent of the legislature, be out of the State, in time of war, at the head of a military

*Modified by the amendment of 1801.