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STATE OF NEW-YORK.
WE THE PEOPLE of the State of New York, grateful to Al
mighty God for our Freedom, in order to secure its blessings, DO ESTABLISH this Consutution.
ARTICLE I. Section 1. No member of this State shall be disfranchised, or deprived of any of the rights or privileges, secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
Section 2. The trial by jury, in all cases in which it has been heretofore used, shill remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Section 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious beliel; but the kiberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices incon. sistent with the peace or salety of this State.
Section 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or inva. sion, the public safety may require its suspension.
Section 5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be indicted, nor shall witnesses be unreasonably detained.
Section 6. No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of militia, when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace; and in cases of petit larceny, under the regulation of the Legislature,) unless on presentment or indictment of a grand jury, and in any trial in any court whatever, the party accused shall be allowed lo appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same otience; nor shail he be compelled in any cri. minal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor shall private properiy be taken for public use without just compensation.
Section 7. When private property shall be taken for any public use, the compensation to be made therefor, when such com. pensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in a manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the per. son to be benetitted.
Section 8. Every citizen may freely speak, write and pub. lish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and ifit shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be ac. quitted; and the jury shall have the right to determine the law and the fact
Sectiou 9. The assent of two-thirds of the members elected to each branch of the Legislature, shall be requisite to every bill appropriating the public moneys or property for local or private purposes.
Section 10. No law shall be passed, abridging the right of the people peaceabley to assemble and to petition the government, or any department thereof, nor shall any divorce be granted, otherwise than by due judicial proceedings, nor shall any lottery hereafter be authorized or any sale of lottery tickets allowed within this State.
Section 11. The people of this State, in their right of sove. reignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the State; and all lands the title to which shall tail; from a defect of heirs shall revert, or escheat to the people.
Section 12. All feudal tenures of every description, with all their incidents, are declared to be abolished, saving however, all rents and services certain which at any time beretofore have been lawfully created or reserved.
Section 13. All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the en. tire and absolute property is vested in the owners according to the nature of their respective estates.
Section 14. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid.
Section 15. All fines, quarter sales, or other like restraints upon alienation reserved in any grant of land, hereafter to be made, shall be void.
Section 16. No purchase or contract for the sale of lands in this State, made since the fourteenth day of October one thousand seven hundred and seventy-tive; or which may here. after be made, of, or with the Indians, shall be valid, unless made under the authority, and with the consent of the Legis. lature.
Section 17. Such parts of the common law, and of the acts of the Legislature or the colony of New York: as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the Con. vention 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 Sule 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
But all such parts of the common law, and such of the said acts, or parts thereof as are repuguant to this Constitu. tion, are hereby abrogated; and the Legislature, at its first session after the adoption of this Constitution, shull appoint three commissioners, whose duty it shall be to reduce into a written and systematic code the whole body of the law of this Stale, or so much and such parts thereof as to the said commission. ers shall seem practicable and expedient. And the said com. missioners shall specily such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the Legislature, when called upon to do so; and the Legislature shall pass laws regu: lating the tenure of office, the filling of vacancies therein, and the compensation of the said commissioners; and shall also provide for the publication of the said code, prior to its being presented to the Legislature for adoption.
Section 18. 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 hun. dred and seventy-five, shall be null and void; but nothing con. tained in this Constitution shall atfect any grants of land with. in this State, made by the authority of ihe 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 af. fect any such grants or charters since made by this State, or by persons acting under its authority, or shall impair the ob. ligation of any debts contracted by this State, or individuals, or bodies coporate, or any other rights of property, or any suits, actions, ríghts of action, or other proceedings in courts of justice.
ARTICLE 'II. Section 1. Every male citizen of the age of twenty-one years, who shall have been a citizen for ten days, and an inhabitant of this State one year next preceding any election, and for the last four months a resident of the county where he may offer his vote, shall be entitled to vote at such election, in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elective by the people; but such citizen shall have been for thirty days next preceding the election, a resident of the district from which the officer is to be chosen for whom he offers his vote. But no man of color, unless he shall have been for three years a citizen of this State, and for one year next preceding any election shall have been seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon, and shall have been actually rated and paid a tax thereon, shall be entitled to vote at such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid.
Section 2. Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, of larceny, or of any infamous crime; and for depriving every person who shall make, or become directly or indirectly inierested in any bet or wager depending upon the result of any election from the right to vote at such election.
Section 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.
Section 4. Laws shall be made for ascertaining by proper proots the citizens who shall be entitled to the right of suffrage hereby established.
Section 5. All elections by the citizens shall be by ballot, except for such town oflicers as may by law be directed to be otherwise chosen.
ARTICLE III. Section 1. The legislative power of this State shall be vested in a Senate and Assembly.
Section 2. The Senate 'shall consist of thirty-two members, and the Senators shall be chosen for two years. The Assem bly shall
consist of one hundred and twenty-eight members, who shall be annually elected.
Section 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 number one (1) shall consist of the counties of Suffolk, Richmond and Queens.
District number two (2) shall consist of the county of Kings.
Districts number three (3) number four (4) number five (5) and number six (6) shall consist of the city and county of New York; and the board of supervisors of said city and county shalí, on or before the first day of May one thousand eight hundred and seven, divide i he said city and coun. ty into the number of Senate Districts to which it is entitled, as near as may be of an equal number of inhabitants, exclu! ding aliens and persons of color not taxed, and consisting of convenient and contiguous territory; and no Assembly Dis. trict 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 num. ber and boundaries of each district, and the population there. of, to be filed in the office of the Secretary of State, and of the Clerk of the said city and county,
District number seven (7) shall consist of the counties of Westchester, Putnam and Rockland.
District number eight (8) shall consist of the counties of Dutchess and Columbia.
District number nine (9) shall consist of the counties of Or. ange and Sullivan.
istrict number ten (10) shall consist of the counties of Ul. ster and Greene.
District number eleven (11) shall consist of the counties of Albany and Scbenectady.
District number twelve (12) shall consist of the county of Rensselaer.
District number thirteen (13) shall consist of the counties of Washington and Saratoga.
District number fourteen (14) shall consist of the counties of Warren, Essex and Clinton.
District number fifteen (15) shall consist of the counties of St. Lawrence and Franklin.
District number sixteen (16) shall consist of the counties of Herkimer, Hamilton, Fulton and Montgomery.
District number seventeen (17) shall consist of the counties of Schoharie and Delaware.
District number eighteen (18) shall consist of the counties of Otsego and Chenango.
District number nineteen (19) shall consist of the county of Oneida.
District number twenty (20) shall consist of the counties of Madisop and Oswego.
District number twenty-one (21) shall consist of the coun. ties of Jefferson and Lewis.
L'istrict number twenty-two (22) shall consist of the county of Onondaga.
District number twenty-three (23) shall consist of the coun. ties of Cortland, Broome and Tioga.
District number twenty-four (24) shall consist of the coun. ties of Cayuga and Wayne.
District number twenty-five (25) shall consist of the coun. ties of Tompkins, Seneca and Yates.
District number twenty-six (26) shall consist of the counties of Steuben and Chemung.
District number twenty-seven (27) shall consist of the coun. ty of Monroe.
District number twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara.
District number twenty-nine (29) shall consist of the coun. ties of Ontario and Livingston.
District number thirty (30) shall consist of the counties of Allegany and Wyoming.
District number thirty.one (31) shall consist of the county of Erie.
District number thirty-two (32) shall consist of the counties of Chautauque and Cattaraugus.
Section 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, ai the first session after the return of every enumeration, that each Senale District shall contain, as nearly as may be, an equal number of inbabitants, exclu? ding aliens, and persons of color not taxed; and shall remain unaltered until ihe 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.
Section 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 res. pective inhabitants, excluding aliens, and persons of color not iaxed, 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 Assem. bly, 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 res. pective counties, a description of such Assembly districts, spe. cifying the number of each district and the population there. of, according to the last preceding State enumeration, as near as can be ascertained. Each Assembly district shall con. tain, 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 menibers of Assembly among the several counties of this State, in manner aforesaid, and the boards of supervisors in such counties as may be en. tiiled, under such re-apportionment, to more than one member, shall assemble at such time as the Legislature making such reapportionment shall prescribe, and divide such counties into Assembly districts, in the manner herein direcied; 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 organ. ized, except the county of Hamilton, shall always be entitled to one member of the Assembly, and no new county shall be herealier erected, unless its population shall entitle it io a member.
The county of Hamilton shall elect with the county of Ful. ton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member.
Section 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 proceedings for impeach. ment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the Govern. or, 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.
Section 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.
Section 8. No person being a member of Congress, or hold. ing 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 Con. gress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof, shall vacate his seat.
Section 9. The elections of Senators and members of Assem. bly, 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.
Section 10. A majority of each house shall constitute a quo. rum to do business. Each house shall determine the rule of its own proceedings, and be the judge of the elections, returns and qualifications of its own members, shall choose its own of. ficers; and the Senate shall choose a temporary president, when the Lieutenant-Governor shall not attend as president, or shall act as Governor.
Section 11. Each house shall keep a journal of its proceed. ings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days.
Section 12. For any speech or debate in either house of the Legislature, the members shall not be questioned in any other place.
Section 13. Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended by the other.
Section 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.
Section 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 ta. ken immediately upon its last reading, and the yeas and nays entered on the journal.
Section 16. No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shaH be expressed in the title.
Section 17. The Legislature may confer upon the boards of supervisors of the several counties of the State, such further powers of local legislation and administration, as they shall from time to time prescribe.
ARTICLE IV. Section 1. The executive power shall be vested in a Govern. or, who shall hold his office for two years: a Lieutenant Go. vernor shall be chosen at the same time, and for the same term.
Section 2. No person, except a citizen of the United States, shall be eligible to the otfice of Governor; nor shall any person be eligible to that office, 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.
Section 3. The Governor and Lieutenant Governor shall be elected at the times and places of choosing members of the As. sembly. 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 high. est 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.
Section 4. The Governor shall be commander-in-chief of the military and naval forces of the State. He shall have pow. er to convene the Legislature (or the Senate only) on extraor. dinary 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 di. minished after his election and during his continuance in oflice.
Section 5. The Governor shall have the power to grant re. prieves, 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 suspend 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 further reprieve. He shall annually communicate to the Legislature each case of repriere, commutation or pardon granted; stating the name of The convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, paruon or reprieve.
Section 6. In case of the impeachment of the Governor of his removal from oflice, death, inability to discharge the pow. ers and duties of the said office, resignation or absence from the State, the powers and duties of the othce 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, be shall continue commander-in chief of all the military force of the State.
Section 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 othce 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.
Section 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.
Section 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 objecLions to the other house, by which it shall likewise be recon. sidered; 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 shall not be a law.
ARTICLE V. Section 1. The Secretary of State, Comptroller, Treasurer and Attorney 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 ol office, or other compensation.
Section 2. A State Engineer and Surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engneer.
Section 3. Three Canal Commissioners shall be chosen at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The Com. missioners of the Canal Fund shall meet at the Capitol on the first Monday of January, next after such election, and deler. mine by lot which of said Commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually, thereafter, one Canal Commis. sioner, who shall hold his office for three years.
Section 4. Three Inspectors of State Prisons, shall be elected at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his of. fice for one year, one for two years, and one for three years. The Governor, Secretary of State, and Comptroller, shall meet at the Capitol on the first Monday of January next succeeding such election, and determine by lot which of said Inspectors shall hold his office for one year, which for two, and which for three years, and there shall be elected annually thereafter one Inspector of State Prisons, who shall hold his office for three years, said Inspectors shall have the charge and superintend. ence of the State Prisons, and shall appoint all the officers therein. All vacancies in the office of such Inspector shall be filled by the Governor, till the next election.
Section 5. The Lieutenant-Governor, Speaker of the Assembly, Secretary of State, Comptroller, Treasurer, AttorneyGeneral and State Engineer and Surveyor, shall be the Com. missioners of the Land Office.
The Lieutenant-Governor, Secretary of State, Comptroller, Treasurer, and Attorney-General, shall be the Commissioners of the Canal Fund.
The Canal Board shall consist of the Commissioners of the Canal Fund, the State Engineer and Surveyor, and the Canal Commissioners.
Section 6. The powers and duties of the respective boards, and of the several officers in this Article mentioned, shall be such as now are or hereafter may be prescribed by law.
Section 7. The Treasurer may be suspended from office by the Governor, during the recess of the Legislature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Go. ernor shall appoint a competent person to discharge the duties of the oflice, during such suspension of the Treasurer.
Section 8. 'All offices for the weighing, gauging, measuring, culling or inspecting any merchandize, produce, manufacture or commodity, whatever, are hereby abolished, and no such office shall bereafter be created by law; but nothing in this section contained, shall abrogate any office created for the purpose of protecting the public health or the interest of the State in its prosperty, revenue, tolls, or purchases, or of sup: plying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter,
ARTICLE VI. Section 1. The Assembly shall have the power of impeach. ment, by the vote of the majority of all the members elected. The court for the trial of impeachments, shall be composed of the President of the Senate, the Senators, or a major part of them, and the Judges of the Court of Appeals, or the major part of them.
On the trial of an impeachment against the Governor, the Lieutenant-Governor shall not act as a member of the court. No judicial officer shall exercise his office afier he shall have been impeached, until he shall have been ac. quitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impar. tially to try the impeachment, according to evidence; and no person shall be convicted, without the concurrence of twoThirds of the members present. Judgment in cases of im. peachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit under this State; but the party impeached shall be liable to indictment, and punishment according to law.
Section 2. There shall be a Court of Appeals, composed of eight judges, of whom four shall be elected by the electors of the State for eight years, and four selected from the class of Justices of the Supreme Court having the shortest time to serve. Provision shall be made by law, for designating one of the number elected, as chief judge, and for selecting such jus. tices of the Supreme Court, from time to time, and for so classifying those elected, that one shall be elected every second year.
Section 3. There shall be a Supreme Court having general jurisdiction in law and equity.
Section 4. The State shall be divided into eight judicial districts, of which the city of New York shall be one; the others to be bounded by county lines and to be compact and equal in population as nearly as may be. There shall be four Justices of the Supreme Court in each district, and as many more in
the district composed of the city of New York, as may from time to time be authorized by law, but not to exceed in the whole such number in proportion to its population, as shall be in conformity with the number of such judges in the residue of the State in proportion to its population. They shall be classified so that one of the justices of each district shall go out of office at the end of every two years. After the expiration of their terms under such classification, the term of their office shall be eight years.
Section 5. The Legislature shall have the same powers to alter and regulate the jurisdiction and proceedings in law and equity, as they have heretofore possessed,
Section 6. Provision may be made by law for designating from time to time, one or more of the said justices, who is not a judge of the court of appeals, to preside at the general terms of the said court to be held in the several districts. Any three or more of the said justices, of whom one of the said justices so designated, shall always be one, may hold such general
And any one or more of the justices may hold special terms and circuit courts, and any one of them may preside in courts of oyer and terminer in any county:
Section 7. The judges of the court of appeals and justices of the supreme court shall severally receive at stated times for their services, a compensation to be established by law, which shall not be increased or diminished during their continuance in office.
Section 8. They shall not hold any other office or public trust. All voies for either of them, for any elective office (except that of justice of the supreme court, or judge of the court of appeals,) given by the Legislature or the people, shall be void. They shall not exercise any power of appointment to public office. Any male citizen of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entided to admission to practice in all the courts of this State.
Section 9. The classification of the justices of the supreme court; the times and place of holding the terms of the court of appeals, and of the general and special terms of the supreme court within the several districts, and the circuit courts, and courts of oyer and terminer within the several counties, shall be provided for by law,
Section 10. The testimony in equity cases shall be taken in like manner as in cases at law.
Section 11. Justices of the supreme court and judges of the courts of appeals, may be removed by concurrent resolution of both Houses of the Legislature, if two-thirds of all the members elecied to the Assembly and a majority of all the members elected to the Senate, concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace, and judges and justices of interior courts not of re. cord may be removed by the Senate on the recommendation of the Governor; but no removal shall be made by virtue of this section, unless the cause thereof be entered on the journ, als, nor unless the party complained of, shall have been served with a copy of the complaini against him, and shall have had an opportunity of being heard in his detence. On the question of removal, the ayes and noes shall be entered on the journals.
Section 12. The judges of the court of appeals shall be elected by the electors of the State, and the justices of the supreme court by the electors of the several judicial districts, as such times as may be prescribed by law.
Section 13. In case the office of any judge of the court of appeals, or justice of the supreme court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.
Section 14. There shall be elected in each of the counties of this State, except the city and county of New York, one county judge, who shall hold his othce for four years. He stall hold the county court, and perforin the duties of the office of surro. gate. The county court shall have such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe; but shall have no original civil jurisdic. tion, except in such special cases.
The county judge, with two justices of the peace to be designated according to law, may hold courts of sessions, with such criminal jurisdiction as the Legislature shall prescribe. and perform such other duties as may be required by law.
The county judge shall receive an annual salary, to be fixed by the board of supervisors, which shall be neither increased nor diminished during his continuance in office. The justices of the peace, for services in courts of sessions, shall be paid a per diem allowance out of the county treasury.
In counties having a population exceeding forty thousand, the Legislature may provide for the election of a separate of ficer to perform the duties of the office of surrogate.
The Legislature may confer equity jurisdiction in special cases upon the county judges.
Interior local courts, of civil and criminal jurisdiction, may be established by the Legislature in cities; and such courts, except for the cities of New York and Buffalo, shall have an uniform organization and jurisdiction in such cities.
Section 15. The Legislature may, on application of the board of supervisors provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability or of a vacancy, and to exercise such other powers in special cases as may be provided by law.
Section 16. The Legislature may reorganize the judicial districts at the first session after the return of every enumera. tion under this Constitution, in the manner provided for in fourth section of this Article and at no other time; and they may, at such session, increase or diminish the number of districts, but such increase or diminution shall not be more than one district at any one time. Each district shall have four justices of the Supreme Court; but no dimunition of the districts shall have the effect to remove a judge from office.
Section 17. The electors of the several towns, shall, at their annual town meeting, and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be tour years. In case of an election to fill a vacancy occurring before the expiration of a full term they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices ot the peace and judges or justices of interior courts not of record and their
clerks may be removed after due notice and an opportunity of being heard in their defence by such county, city or state courts as may be prescribed by law, for causes to be assigned in the order of removal.
Section 18. All judicial officers of cities and villages, and all such judicial officers as may be created therein by law, shall be elected at such times and in such manner as the Legislature may direct.
Section 19. Cler of the several counties of this State shall be clerks of the Supreme Court, with such powers and duties as shall be prescribed by law. A clerk for the Court of Appeals, to be ex-officio clerk of the Supreme Court, and to keep his othce at the seat of government, shall be chosen by the electors of the State; he shall hold his office for three years, and his compensation shall be fixed by law and paid out of the public Treasury.
Section 2. No judicial officer, except justices of the peace shall receive to his own use, any fees or perquisites of office.
Section 21. The Legislature may authorise the judgments decrees and decisions of any local inferior court of record of original civiljurisdiction, established in a city, to be removed for review directly into the Court of Appeals.
Section 22. The Legislature shall provide for the speedy pub. lication of all statute laws, and of such judicial decisions as it may deem expedient. And all laws and judicial decisions shall be free for publication by any person.
Section 23. Tribunals of conciliation may be established, with such powers and duties as may be prescribed by law. but such tribunals shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference and agree to abide the judgment, or assent thereto, in the presence of such tribunal, in such cases as shall be prescribed by law.
Section 241. The Legislature at its first session after the adoption of this Constitution, shall provide for the appoint. ment of three commissioners, whose duty it shall be to revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record of this Scare, and to report thereon to the Legislature, subject to their adoption and modification from time to time.
Section 25. The Legislature at its first session after the adoption of this Constitution, shall provide for the organization of the Court of Appeals, and for transferring to it the business pending in the Court for the Correction of Errors, and for the allowance of writs of error and appeals to the Court of Appeals, from the judgments and decrees of the present Court of Chancery and Supreme Court, and of the courts that may be organized under this Constitution.
ARTICLE VII. Section 1. After paying the expenses of collection, superin. tendence and ordinary repairs, there shall be appropriated and set apart in each fiscal year, out of the revenues of the State Canals, commencing on the first day of June, one thou. sand eight hundred and forty-six, the sum of one million and three hundred thousand dollars until the first day of June, one thousand eight hundred and fifty-five, and from that time the sum of one million and seven hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the principal of that part of the State debt called the Canal debt, is it existed at the time first aforesaid, and inclu. ding three hundred thousand dollars then to be borrowed, until the same shall be wholly paid; and the principal and income of the said sinking fund shall be sacreuly applied to that purpose
Section 2. After complying with the provisions of the first section of this article, there shall be appropriated and set apart out of the surplus revenues of the Staie Canals, in each tiscal year, commencing on the first day of June, one thousand eight hundred and forty-six, the sum of three hundred and filty thousand dollars, until the time when a suflicient sum shall have been appropriated and set apart, under the said first sec. tion, to pay the interest and extinguish the entire principal of the canal debt; and after that period, then the sum of one million and five hundred thousand dollars in each fiscal year, as a sinking fund, to pay the interest and redeem the princi. pal of that part of the State debt called the General Fund debt, including the debt for loans of the State credit to railroad com: panies which have failed to pay the interest thereon, and also the contingent debt on State stocks loaned to incorporated companies which have hitherto paid the interest thereon, whenever and as far as any part thereof may become a charge on the Treasury or General Fund, until the same shall be wholly paid; and the principal and income of the said last mentioned sinking fund shall be sacredly applied to the purpose aforesaid; and if the payment of any part of the monies to the said sinking fund shall at any time be deferred, by rea. son of the priority recognized in the first section of this arti. cle, the sum so deferred, with quarterly interest thereon, at the then current rate, shall be paid to the last mentioned sinking fund, as soon as it can be done consistently with the just rights of the creditors holding said canal debt.
Section 3. After paying the said expenses of superintend. ence and repairs of the canals, and the sums appropriated by the first and second sections of this article, there shall be paid out of the surplus revenues of the canals, to the Trea. sury of the State, on or before the thirtieth day of September, in each year, for the use and benefit of the General Fund, such sum, not exceeding two hundred thousand dollars, as may be required to defray the necessary expenses of the State; and the remainder of the revenues of the said canals shall, in each fiscal year, be applied, in such manner as the Legislature shall direct, to the completion of the Erie Canal enlargement, and the Genesee Valley and and Black River Canals, until the said canals shall be completed.
If at any time after the period of eight years from the adop. tion of this Constitution, the revenues of the State, unappro. priated by this articles, shall not be sufficient to defray the ne. cessary expenses of the government, without continuing or laying a direet tax, the Legislature may, at its discretion, supply the deficiency, in whole or in part, from the surplus reve. nues of the canals, after complying with the provisions of the first two sections of this article, for paying the interest and ex. tinguishing the principal of the Canal and General Fund debt; but the sum thus appropriated from the surplus revenues of the canals shall not exceed annually three hundred and fifty thousand dollars, including the sum of two hundred thousand dollars provided for by this secuien for the expenses of the go.
vernment, until the General Fund debt shall be extinguished, or until the Erie Canal enlargement and Genesee Valley and Black River Canals shall be completed, and after that debt shall be paid, or the said canals shall be completed, then the sum of six hundred and seventy-two thousand five hundred dollars, or so much thereof as shall be necessary, may be annually appropriated to defray the expenses of the govern. ment.
Section 4. The claims of the State against any incorporated company to pay the interest and redeem the principal of the stock of the State loaned or advanced to such company, shall be fairly enforced, and not released or compromised; and the moneys arising from such claims shall be set apart and ap. plied as a part of the sinking fund provided in the second sec. tion of this article. But the time limited for the fulfillment of any condition of any release or compromise heretofore made or provided for, may be extended by law.
Section 5. If the sinking funds, or either of them, provided in this article, shall prove insufficient to enable the State, on the credit of such fund, to procure the means to satisfy the claims of the creditors of the State as they become payable, the Legislature shall, by equitable taxes, so increase the reve. nues of the said funds as to make them, respectively, sufficient perfectly to preserve the public faith. Every contribution or advance to the canals, or their debt, from any source, other than their direct revenues, shall, with quarterly interest, at the rates then current, be repaid into the 'i'reasury, for the use of the State, out of the canal revenues as soon as it can be done consistently with the just rights of the creditors holding the said canal debt.
Section 6. The Legislature shall not sell, lease, or otherwise dispose of any of ine canals of the State; but they shall re. main the property of the State and under its management, forerer.
Section 7. The Legislature shall never sell or dispose of the salt springs, belonging to this Sate. The lands contiguous thereto and which may be necessary and convenient for the use of the salt springs, may be sold by authority of law and under the direction of the commissioners of the land office, for the purpose of investing the moneys arising therefrom in other lands alike convenient; but by such sale and purchase the aggregate quantity of these lands shall not be diminished.
Section 8. No moneys shall ever be paid out of the Treasury of this State, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law, making a new appropriation, or continuing or reviving an ap. propriation, shall distinctly specify the sum appropriated, and The object to which it is to be applied; and it shall not be sufli. cient for such law to refer to any other law to fix such sum.
Section 9. The credit of the State shall not, in any manner, be given or loaned to, or in aid of any individual association or corporation.
Section 10. The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggre. gate, shall not at any time, exceed one million of dollars; and the moneys arising from the loans creating such debts. shall be applied to the purpose for which they were obtained, or to repay the debi so contracted, and to no other purpose what. ever.
Section 11. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, sup. press insurrection, or défend the State in War; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and tu no other purpose whaterer.
Section 12. Except the debts specified in the tenth and ele. venth sections of this article, no debt shall be hereafter contracted by or on behalf of this State, unless such debts shall be au. thorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within eighteen years from the time of the contracting thereof.
No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it, at such election.
On the final passage of such bill in either house of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be : "Shall this bill pass, and ought the same to receive the sanction of the
The Legislature may at any time, after the approval of such law by the people, if no debi shall' have been contracted in pursuance thereof, repeal the same; and may at any time, by law, forbid the contracting of any further debt or liability un. der such law; but the tax imposed by such act, in proportion to the debt and liability which may have been contracied, in pursuance of such law, shall remain in force and be irrepeala. ble, and be annually collected, until the proceeds thereof shall have made the provisions herein before specitied to pay and discharge the interest and principal of such debt and liability:
The money arising from any loan or stock creating such debt or liability, shall be applied to the work or object specified in the act authorizing such debt or liability, or for the repay. ment of such debt or liability, and for no other purpose what.
No such law shall be submitted to be voted on, within three months after its passage, or at any general election, when any other law, or any bill, or any amendment to the Constitution shall be submitted to be voted for or against.
Section 13. Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied; and it shall not be suficient to refer to any oth. er law to fix such tax or object.
Section 14. On the final passage, in either house of the Legislature, of every act which imposes, continues, or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust-money or property, or releases, discharges, or commutes any claim or demand of the State, the question shall be taken by ayes and noes, which shall be duly entered on the journals, and three fifths of all the members elected to either house, shall, in all such cases, be ne. cessary to constitute a quorum therein,
ARTICLE VIII. Section 1. Corporations may be formed under general laws; but shall not be created by special act, except for municipal purposes, and in cases wherein the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All generals laws and special acts passed pursuant to this section, may be altered from time to time or repealed.
Section 2. Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Section 3. The term corporations as used in this article, shall be construed to include all associations and joint-stock coinpanies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corpo. rations shall have the right to sue and shall be subject to be sued in all courts in like cases as natural persons.
Section 4. The Legislature shall have no power to pass any act granting any special charter for banking purposes; but corporations or associations may be formed for such purposes under general laws.
Section 5. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the sus. pension of specie payments, by any person, association or corporation issuing bank notes of any description.
Section 6. The Legislature shall provide by law for the reg. istry of all bills or notes, issued or put in circulation as money, and shall require ample security for the redemption of the same in specie.
Section 7. The stockholders in every corporation and jointstock association for banking purposes, issuing bank noies or any kind of paper credits to circulate as money, after the first day of January, one thousand eight hundred and fifty, shall be individually responsibe to the amount of their respective share or shares of stock in any such corporation or associa. tion, for all its debts and liabilities of every kind, contracted after the said first day of January, one thousand eight hundred and fifty.
Section 8. In case of the insolvency of any bank or banking association, the bill-holders thereof shall be entitled to preference in payment, over all other creditors of such bank or association.
Section 9. It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowiug money, contracting debts and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
ARTICLE IX. Section 1. The capital of the Common School Fund; the capital of the Literature Fund, and the capital of the United Sates Deposite Fund, shall be respectively preserved invio. late The revenue of the said Common School Fund shall be applied to the support of common schools; the revenues of the said Literature Fund shall be applied to the support of acade. mies, and the sum of twenty-tive thousand dollars of the reve. nues of the United States Deposite Fund shall each year be appropriated to and made a part of the capital of the said Common School Fund.
ARTICLE X. Section 1. Sheriffs, clerks of counties, including the register and clerk of the city and county of New York, coroners, and district attornies, shall be chosen, by the electors of the respective counties, once in every three years and as often as vacan. cies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law, to renew their security, from time to time; and in defauli of giving such new security, their offices shall be deemed vacant. But the county shali never be made responsible for the acts of the sheriff.
The Governor may remove any officer, in this section men. tioned, within the term for which he shall have been elected; giving to such ofticer a copy of the charges against him, and an opportunity of being heard in his defence.
Section 2. All county officers whose election or appointment is not provided for, by this Constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors, of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all otlicers whose offices may hereafier be created by law, shall be elected by the people, or appointed, as the Legislature may direct.
Section 3. When the duration of any office, is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held, during the pleasure of the authority making the appointment.
Section 4. The time of electing all officers named in this article shall be prescribed by law.
Section 5. The Legislature shall provide for filling vacancies in office, and in case of eledive officers, no person appointed to fill a vacancy shall hold his othce by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy.
Section 6. The political year and legislative term, shall begin on the first day of January; and the Legislature shall erery year assemble on the first Tuesday in January, unless a differ. ent day shall be appointed by law.
Section 7. Provision shall be made by law for the removal for misconduct or malversation in otfice of all officers (except ju. dicial)whose powers and duties are not local or legislative and who shall be elected at general elections, and also for supply. ing vacancies created by such removal.
Section 8. The Legislature may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this Constitution.
ARTICLE XI. Section 1. The militia of this state, shall at all time hereaf. ter, be armed and disciplined, and in readiness for service; but all such inhabitants of this State of any religious denomi. nation whatever as from scruples of conscience may be averse to bearing arms, shall be excused therefrom, upon such con. ditions as shall be prescribed by law.
Section 2. Militia officers shall be chosen, or appointed as follows:-captains, subalterns and non-commissioned officers shall be chosen by the writien votes of the members of their respective companies. Field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments and separate battal. ions ; brigadier-generals and brigade inspectors by the field officers of their respective brigade; major generals, brigadier generals and commanding officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades, regiments or separate battalions.
Section 3. The Governor shall nominate, and with the consent of the Senate, appoint all major generals, and the com missary general.' The adjutant general and other chiefs of staff
departments, and the aids-de-camp of the commander-inchief shall be appointed by the Governor, and their commissions shall expire with the time for which the Governor shall have been elected. The commissary general shall hold his office for two years. He shall give security
for the faithful execution of the duties of his office, in such manner and amount as shall be prescribed by law.
Section 4. The Legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the Governor.
Section 5. The commissioned officers of the militia shall be commissioned by the Governor; and no commissioned officer shall be removed from office, unless by the Senate on the re. commendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Section 6. In case the mode of election and appointment of militia officers hereby directed, shall not be found conducive to the improvement of the militia, the Legislature may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members present in each house shall concur therein.
ARTICLE XI. Section 1. Members of the Legislature and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or af. firmation:
. I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of New York; and that I will faith. fully discharge the duties of
according to the best of my ability.”:
And no other oath, declaration, or test shall be reqnired as a qualification for any office or public trust.
ARTICLE XIII. Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate and 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 to be chosen at the next general election of Senators, and shall be published for three months previous to the time of making such choice, and is in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments, shall be agreed to, by a majority, of all the members elected to each house, then it shall be the duty of the Legislature 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 Con. stitution.
Section 2. At the general election to be held in the year eighteen hundred and six-six, and in each twentieth year thereafter, and also at such time as the Legislature may by law provide, the question "Shall there be a Convention to revise the Constitution, and amend the same ?" shall be decided by the electors qualified to vote for members of the Legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a Convention for such purpose, the Legislature at its next session, shall provide by law for the election of delegates to such Convention.
ARTICLE XIV. Section 1. The first election 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, one thousand eight hundred and forty-seven.
The Senators and members of Assembly who may be in of fice on the first day of January, one thousand eighi hundred and forty-seven, shall hold their offices until and including the thirty-first day of December following, and no longer.
Section 2. The first election of Governor and Lieutenant Go. vernor under this Constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-eight; and the Governor and Lieutenant Governor in office when this Constitution shall take effect, shall hold ther respective offices until and including the thirtyfirst day of December of that year.
Soction 3. The Secretary of State, Comptroller, Treasurer, Attorney General, District Attorneys, Surveyor General, Ca. nal Commissioners, and Inspectors of State Prisons in office when this Constitution shall take effect shall hold their respective offices until and including the thirty-first day of December, one thousand eight hundred and forty-seven, and no longer.
Section 4. The first election of judges and clerk of the Court of Appeals, justices of the Supreme Court, and county judges, shall take place at such time between the first Tuesday of April and the second Tuesday of June, one thousand eight hundred and forty-seven, as may be prescribed by law. The said courts shall respectively
enter upou their duties, on the first Monday of July, next thereafter; but the term of office of said judges, clerk and justices as declared by this Constitution, shall be deemed to commence on the first day of January, one thousand eight hundred and forty-eight.
Section 5. On the first Monday of July, one thousand eight hundred and forty-seven, jurisdiction of all suits and proceed. ings then pending in the present supreme court and court of chancery, and all suits and proceedings originally com.
menced and then pending in any court of common pleas, (ex. cept in the city and county of New York,) shall become vested in the supreme court hereby established. Proceedings pending in courts of common pleas and in suits originally commenced in justices courts, shall be transferred to the county courts pro. vided for in this Constitution, in such manner and form and under such regulation as shall be provided by law. The courts of oyer and terminer hereby established shall, in their respec tive counties, have jurisdiction, on and after the day last men." tioned, of all'indictments and proceedings then pending in the present courts of oyer and terminer, and also of all indictments and proceedings then pending in the present courts of general sessions of the peace, except in the city of New York, and ex. cept in cases of which the courts of sessions hereby establish. ed may lawfully take cognisance; and of such indictments and proceeding the courts of sessions hereby established shall have jurisdiction on and after the day last mentioned.
Section 6. The chancellor and the present supreme court shall, respectively, have power to hear and determine any such suits and proceedings ready on the first Monday of July, one thousand eight hundred and forty-seven, for hearing or de. cision, and shall, for their services therein, be entitled to their present rates of compensation until the first day of July, one Thousand eight hundred and forty-eight, or until all such suits and proceedings shall be sooner heard and determined. Masters in chancery may continue to exercise the functions of their office in the court of chancery, so long as the Chancellor shall continue to exercise the functions of his office under the provisions of this Constitution.
And the Supreme Court hereby established, shall also have power to hear and determine such of said suits and proceedings as may be prescribed by law.
Section 1. In case any vacancy shall occur in the office of chancellor or justice of the present Supreme Court, previously to the tirst day of July, one thousand eight hundred and fortyeight the Governor may nominate, and by and with the advice and consent of the Senate, appoint a proper person to fill such vacancy. Any judge of the Court of Appeals or justice of the Supreme Court, elected under this Constitution, may receive and hold such appointment.
Section 8. The offices of chancellor, justice of the existing supreme court, circuit judge, vice-chancellor, assistant vicechancellor, judge of the existing county courts of each county supreme court commissioner, master in chancery, examine: in chancery, and surrogate, (except as Lerein otherwise pro.r vided,) are abolished from and af er the first Monday of July, one thousand eight hundred and forty-seven, (1817.)
Section 9. The chancellor, the justices of the present Supreme Court, and the circuit judges, are hereby declared to be severally eligible to any office at the first election under this Constitution.
Section 10. Sheriffs, clerks of counties, (including the reg. ister and clerk of the city and county of New York) and justices of the peace, and coroners, in office, when this Consiitu. tion shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected.
Section 11. Judicial officers in office when this Constitution shall take effect, may continue to receive such sees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twentieth section of the sixth article of this Constitution.
Section 12. All local courts established in any city or village, including the Superior Court, Common Pleas, Sessions and Surrogate's Couris of the city and county of New York shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions; and the judges of such courts and any clerks thereof in office on the first day of Jan. uary, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the Legislature shall otherwise direct.
Section 13. This Constitution shall be in force from and in. cluding the first day of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided.
Done, In Convention, at the Capitol, in the City of Albany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America the seventy-first. In witness whereof, we have hereunto subscribed our
JOHN TRACY, President,
And delegate from the County of Chenango. JAMES F. STARBUCK, H. W. STRONG, Secretaries. FR. SEGER,
STATE OF New-YORK,
Secretary's Office. I have compared the preceding with the original engrossed Constitution deposited in this office on the ninth day of Octo. ber, 1846, and Do Certify, that the same is a correct transcript therefrom, and of the whole of said original.
Given under my hand and seal of office, at the city. L. S.
of Albany, the tenth day of October, in the year of our Lord, one thousand eight hundred and fortysix.
N. S. BENTON,
Secretary of State. The names of the following Delegates are appended to the said engrossed Constitution to wit: ROBERT CAMPBELL, jr., GOUV. KEMBLE, GEORGE C. CLYDE, SAMUEL J. TILDEN, CHARLES P. KIRKLAND, ELIJAH SPENCER, SAMUEL RICHMOND, ELIJAH RHOADES, FEDERAL DANA,
HEN. C. MURPHY, JOHN MILLER,
JOHN NELLIS, ROBERT C. NICHOLAS, ELISHA W. SHELDON, ORNON ARCHER,
HENRY NICOLL, PETER YAWGER, W.H.VAN SCHOONHOVEN, MOSES TAGGART,
E. M. McNIEL, STEPHEN ALLEN,
ARPHAXED LOOMIS, JOHN T. HARRISON, CHARLES H. RUGGLES, DANIEL JOHN SHAW, JOHN K. PORTER, JOHN J. WOOD,
J. L. RIKER, JULIUS CANDEE,
JAMES TALLMADGE. B. S. BRUNDAGE,
WILLIAM TAYLOR, GEO. W. PATTERSON, GEORGE W. TUTHİLL, WM. B. WRIGHT,
PERRY WARREN, BENJ. F. BRUCE,
L. B. SHEPARD, W. MAXWELL,
TUNIS G. BERGEN,
ALBERT L. BAKER,
ISAAC BURR, GEO. S. MANN,
JAMES M. COOK, CYRUS H. KINGSLEY, B. F. CORNELL, ENOCH STRONG,
GEORGE A. S. CROOKER, ROBT. H. MORRIS, LEWIS CUDDEBACK, DAVID MUNRO,
ABEL HUNTINGTON, WM. S. CONELY,
Albany, October 12th, 1846. Instructions and forms prepared by the Secretary of State, in obedience to the following resolution, adopted by the Con vention, to revise the Constitution, and of the act recommending a convention of the people of this State :
Resolved, That it shall be the duty of the Secretary of State to cause the Constitution, as proposed to be amended, together with the forms of the ballots, to be published at least twice, prior to the election, in each of the public newspapers published in this state. provided the same shall be published for such reasonable compensation as shall be fixed by the Secretary of State and Comptroller, but no neglect to publish the same in any of the papers of this State shall impair the validity of the notice.
Form of the ballot to be used by those electors who vote for the constitution, as proposed to be amended:
“Amended Constitution, Yes." Form of the ballot to be used by those electors who vote against the Constitution, as proposed to be amended:
“Amended Constitution, No." An amendment in relation to the equal suffrage of colored persons, separate from those incorporated in the engrossed constitution, is also submitted to be voted upon at the same time, with a separate ballot which is to be deposited in a separate box.
Form of the ballot to be used by those electors who vote for this proposed amendment:
CONSTITUTION: SUFFRAGE. "Equal Suffrage to the Colored Persons, Yes.” Form of the ballot to be used by those electors who vote against this proposed amendment:
Bor. Amended Suffrage to Constitution. Colored per
ward of the city of ,) in the county of , do certify that the following is a correct statement of the votes taken at the general election held in said district on the day of November, one thousand
eight hundred and forty-six, pursuant to the act entitled "an act recommending a Convention of the people of this State," passed May 13th, 1845, chapter 252, to wit
That the whole number of ballots received at the said elec. tion having thereon the words “amended Constitution, Yes,"
And that the whole number of ballots also received at the said election having thereon the words "amended Constilu. tion, No," was
That the whole number of ballots received at the same election having thereon the words "equal suffrage to colored persons? Yes," was
And that the whole number of ballots received at the said election having thereon the words equal suffrage to colored persons, No," was
We do hereby certify that the above statement is correct in all respects. Dated at
, November , A. D., 1846. The number of ballots or votes must be written at full length, and must not be put down in figures or abreviated.
COUNTY CANVASS. Statement in relation to the amended constitution and the amenument separately submiued relating to equal suffrage to colored persons :
The board of county canvassers of the county of having met at the office of the clerk of said county, on the ' day of November, 1816, to canvass and estimate the votes giv. en in the several election districts in said county at the general election held on the - day of November, in ihe year atore. said, and having received the statements of the votes taken in each election district of the said county in pursuance to the act chapter 252, entitled “ an act recommending a Convention of the people of this State," passed May 13th, 1815, do certify that the whole number of votes or ballois given at the said election and having thereon the words "amended Constitution, Yes," was
And that the whole number of votes or ballots given at the same time, and having thereon the words * amended Constitution, No, was
That the whole number of votes or ballots given at the same election and having thereon the words, “ equal suffrage to colored persons ? Yes," was
Anu the whole number of votes or ballots given as aforesaid and having thereon the words, "equal suffrage to colored perbons? No was
In witness whereof we have caused this statement to be attested according to law by the signatures of our Chairman and Secretary,
A. B. Chairman. C. D., County Clerk and Secretary.
Care must be taken to fill the blanks with words written out at full length and not with figures.
If there were not any votes given for or against the "Amend. ed Constitution, or for or against the provision relating to "equal suffrage to colored persons," the fact should be stated, and using the words "not any” in the blank after the printed word "was" will be sufficient.
The Secretary of State and Comptroller have fixed the com. pensation to be paid to the publisher of any newspaper, in this State, who may publish the foregoing amended Constitution twice in two consecutive wceks with these instructions and forms, at twenty-five dollars, which sum will be paid at the treasury on producing due proof to the Comptroller of the said publication.
Those who desire to publish the said constitution and instructions upon the foregoing terms must copy the instrument published in the Albany Argus of this date, as it is not intended io send from this office, a circular containing the constitution and these instructions addressed to the several newspaper publishers.
N. S. BENTON,
Secretary of State.
right to vote for all officers that now are, or hereafter may be, elective by the people atier the first day of January, 1817,”
Shall be separately submitted to the electors of this State for adoption, or rejection, in form following, to wit:
A separate ballot may be given by every person, having the sight to vote for the amended Constitution, to be deposited in a separate box.
Upon the ballots given or the adoption of the said separate amendment, shall be written or printed, or partly written and partly printed, the words,
“ Equal suffrage to colored persons ?— Yes." And upon the ballots given against the adoption of the said separate amendment, in like manner, the words,
“ Equal suffrage to colored persons ?—No." And on such ballots shall be written or printed, or partly wriuen and partly printed, the words,
“ Constitution : Suffrage,” In such manner that such words shall appear on the outer. side of such ballot when folded.
If, at the said election, a majority of all the votes given for and against the said separate amendment shall contain the words Equal suffrage to colored persons ?-Yes," then the said separate amendment after the first day of January, 1847, shall be a separate section of article second of the Constitution, in full force and effect, any thing contained in the Constitution to the contrary notwithstanding
Resolved, That the last preceding resolution be caused to be published, in the manner specified in the resolution of the Convention relative to the notice of the time and manner of voting for the amended constitution.
By order of the Convention,
JOHN TRACY, President,
ALBANY, October 9, 1846. The Delegates of the People in Convention, having termina. ted their deliberations, present to you the result of their labors in an amended Constitution of fourteen Articles, to be consid. ered together, for your adoption. They have presented for your separate consideration, a section relative to suffrage, equally applicable to the present and proposed Constitution.
In these fourteen articles they have re-organized the Legisla. ture; established more limited districts for the election of the members of that body, and wholly separated it from the exercise of judicial power. The most important state officers have been made elective by the people of the state ; and most of the officers of cities, towns and counties, are made elective by the voters of the locality they serve. They have abolished a host of useless offices. They have soughi at once to reduce and decentralize the patronage of the Executive government. They have rendered inviolate the funds devoted to Education. Af. ter repeated failures in the Legislature, they have provided a Judicial System, adequate to the wants of a free people, rapid. ly increasing in arts, culture, commerce, and population.They have made provision for the payment of the whole State Debt, and the completion of the Public Works begun. While that debt is in the progress of payment, they have provided a large contribution from the canal revenues towards the current expenses of the state, and sufficient for that purpose, when the state debt shall have been paid; and have placed strong safeguards against the recurrence of debt, and the im. provident expenditure of the public money. They have agreed on important provisions in relation to the mode of cre. ating incorporations, and the liability of their members; and have sought to render the business of banking more safe and responsible. They have incorporated many useful provisions more effectually to secure the people in their rights of person and property against the abuses of delegated power. They have modified the power of the legislature, with the direct con. sent of the people, to amend the constitution from time to time, and have secured to the people of the state, the right once in twenty years to pass directly on the question, whether they will call a convention for the revision of the constitution.
These articles embrace all the provisions, agreed upon by the Convention, to constitute the Constitution of the Staie. They are of course very numerous, often dependent one upon an. other, and can be best considered, as a whole; and the Convention have not found it practicable to separate them into parts to be separately passed upon by the people.
The Convention have therefore presented the subject in the form that will best enable the people to judge between the old and the new Constitution. If the Constitution now proposed be adopted, the happiness and progress of the People of this State, will, under God, be in their own hands. By order of the Convention,
JOHN TRACY, President,
IN CONVENTION OF THE PEOPLE OF THE STATE OF New
YORK, assembled at Albany, on the first day of June, in the year of our Lord, one thousand eight hundred and forty-six, pursuant to an act of the Legislature of the said State, enti. tled "An act recommending a Convention of the People of this State," passed May 13, 1843.
Resolved, That in the judgment of this Convention, the several amendments to the Constitution, agreed to by this Convention cannot be prepared so as to be voled upon separately.
Resolded, That the form of the ballots, to be given for the adoption or rejection of the said amendments shall be as follows; on such ballots as are given in favor of the adoption of the said amendments, shall be written or printed or parily written and partly printed, the words "amended Constitution, yes;” and on such ballots as are given against the adoption of said amendments, shall be written or printed, or partly written and partly printed the words "amended Constitution, no;'' and the word “Constitution," shall be written or printed, or partly written and partly printed upon the said ballots in such manner as that when such ballots are folded it shall appear upon the outside thereof.
Resolved, That 10,000 copies of these resolutions, with the said amendments, with the Address of the Convention, and also the present Constitution subjoined be printed, and that the Comptroller cause fifty copies thereof to be forwarded with. out delay, and at the expense of the State, lo each Member of this Convention, and that the remainder in like manner be transmitted by him to the several county clerks, whose duty it shall be to distribute the same among the different towns and wards of this State; also that said amendments be published in the State Paper weekly, until the next election.
Resolred, That the Secretary of State forward immediately to the several county clerks and sheriffs of this State, a copy of the foregoing first and second resolutions. And the said clerks and sheriil's shall cause the said resolutions to be published once in each week in each newspaper published in their respective counties, until the next election, and also a notice that the said amendments will be voted upon at the next general election in the several election districts of the State.
Resolved, That it shall be the duty of the Secretary of State, to cause the Constitution as proposed to be amended, together with the forms of the ballots, to be published at least twice prior to the election in each of the public newspapers published in this State, provided the same shall be published for such reasonable compensation as shall be fixed by the Secretary of State and Comptroller; but no neglect to publish the same in any of the papers of this State shall impair the validity of the notice.
Resolved, That the Secretary of State examine and compare the printed copies of the Constitution, ordered by this Convention, with the engrossed copy, this day filed in the Secretary's office, and certify the same, officially.
Resolved, That at the next general election, and at the same time when the votes of the electors shall be taken for the adop: tion or rejection of the amended Constitution, the additional amendment in the words following:
"6. Colored male citizens, possessing the qualifications required by the first section of the second article of the Con. stitution, other than the property qualification, shall have the
President of the Senate, the Senators, the Chancel lor, and the Justices of the Supreme Court, or a ma. jor part of them, constitute the Court for the trial of impeachments. This Couri, when full, is composed of thirty-seven members, of these four are appointed hy the Governor and Senate for and during the term until each respectively shall arrive at the age of sixty years, and thirty-three members are elected: one for the term of two years; and thirty-two for the term of four years each.
By Section 1 of Article 6 of the New Constitation, “ The Court for the trial of impeachments shall be composed of the President of the Senate, the Senators, or a major part of them, and the Judges of the Court of Appeals, or a major part of them.”
Under the present Constitution the Senators are elected in eight Senate districts, four in each and the Lieutenant Governor (who by virtue of his said office is President of the Senate,) is elected by general ticket.
By the New Constitution it is provided that the Lieutenant Governor shall be elected by general ticket, for two years. The Senators shall be elected for two years, and in single Senate districts, one in each district. Of the Judges of the Court of Appeals, four are to be elected by general ticket and four to be selected from among the thirty-two Supreme Court Judges having the shortest time to serve. The Judges of the Supreme Court 10 be elected in eight Judicial districts, fourin each.
Court FOR THE CORRECTION OF ERRORS AND COURT of Appeals.—Under the present Constitution the Court for the Correction of Errors is composed of thirty-seven members, (when full,) thirty-three of those are elected and four are appointed. Section 1 of Article 5 provides that the Court for the Correction of Errors shall consist of the President of the Senate, the Senators, the Chancellor, and the Justices of the Supreme Court, or a major part of them.This Court is frequently held by the Lieutenant Go. vernor and Senators, and sometimes by a part of the Senators alone.
By the New Constitution it is provided that the Court of Appeals (which is to take the place of the Court for the Correction of Errors) shall be composed of eight Judges, four of whom shall be elected by general ticket, and four shall be selected from among thirty-two Judges of the Supreme Court hav. ing the shortest time to serve, which thirty-two Judges are to be elected in eight Judicial districts, four in each, and all for the term of eight years.
Under the present Constitution, the members of the Court for the Correction of Errors have con. strued the phrase "major part of them,” to mean the major part of one of them This difficulty has been provided against in the organization of the Court for the trial of impeachments. Decisions in the Court for the Correction of Errors are made by calling the ayes and noes—In cases of Appeal the Chancellor has no vote, and in cases of Writs of Errors, the Justices of the Supreme Court have no vote--and as the elected officers form a very large majority of the Court, it may be said that our high court decisions are now made by elected Judges. The Judges of the Courts of Appeals are prohibited by Sec. 8 of Art. 5, from holding any other office or public trust, and from exercising ANY POWER OF APPOINTMENT TO PUBLIC OFFICE.
THE SUPREME Court.-Under the Constitution of 1777, the Supreme Court was composed of five Judges, any three of whom could hold Court. The Judges were also members of the Council of Revi.
REMARKS. THE JUDICIARY.—The change provided by the New Constitution in the organization of the Judi. ciary Department, will be best understood by first stating the organization under the present Constitution, and then following with a staiement of the organization under the New Constitution. We first proceed with the Court for the trial of Impeachments as it now exists.
Court FOR THE TRIAL OF IMPEACHMENTS.—By Section 1 of Article 5 of the present Consti'ution, the