CONSTITUTION OF NEW YORK 1777
IN CONVENTION OF THE REPRESENTATIVES OF THIS
STATE OF NEW YORK,
Kingston, 20th April, 1777.
Whereas the many tyrannical and oppressive
usurpations of the King and Parliament of Great Britain on the rights
and liberties of the people of the American colonies had reduced them to
the necessity of introducing a government by congresses and committees,
as temporary expedients, and to exist no longer than the grievances of
the people should remain without redress; And whereas the congress of
the colony of New York did, on the thirty-first day of May now last
past, resolve as follows, viz:
"Whereas the present government of this colony,
by congress and committees, was instituted while the former government,
under the Crown of Great Britain, existed in full force, and was
established for the sole purpose of opposing the usurpation of the
British Parliament, and was intended to expire on a reconciliation with
Great Britain, which it was then apprehended would soon take place, but
is now considered as remote and uncertain;
"And whereas many and great inconveniences
attend the said mode of government by congress and committees, as of
necessity, in many instances, legislative, judicial, and executive
popovers have been vested therein, especially since the dissolution of
the former government by the abdication of the late governor and the
exclusion of this colony from the protection of the King of Great
Britain;
"And whereas the Continental Congress did
resolve as followeth, to wit:
" 'Whereas His Britannic Majesty, in conjunction
with the lords and commons of Great Britain, has, by a late act of
Parliament, excluded the inhabitants of these united colonies from the
protection of his Crown; and whereas no answers whatever to the humble
petition of the colonies for redress of grievances end reconciliation
with Great Britain has been, or is likely to be, given, but the whole
force of that kingdom, aided by foreign mercenaries, is to be exerted
for the destruction of the good people of these colonies; and whereas it
appears absolutely irreconcilable to reason and good conscience for the
people of these colonies now to take the oaths and affirmations
necessary for the support of any government under the Crown of Great
Britain, and it is necessary that the exercise of every kind of
authority under the said Crown should be totally suppressed, and all the
popovers of government exerted under the authority of the people of the
colonies for the preservation of internal peace, virtue, and good order,
as well as for the defense of our lives, liberties, and properties,
against the hostile invasions and cruel depredations of our enemies:
Therefore,
" 'Resolved, That it be recommended to the
respective assemblies and conventions of the United colonies, where no
government sufficient to the exigencies of their affairs has been
hitherto established, to adopt such government as shall, in the opinion
of the representatives of the people, best conduce to the happiness and
safety of their constituents in particular, and America in general.'
"And whereas doubts have arisen whether this
congress are invested with sufficient power and authority to deliberate
and determine on so important a subject as the necessity of erecting and
constituting a new form of government and internal police, to the
exclusion of all foreign jurisdiction, dominion, and control whatever;
and whereas it appertains of right solely to the people of this colony
to determine the said doubts: Therefore
"Resolved, That it be recommended to the
electors in the several counties in this colony, by election, in the
manner and form prescribed for the election of the present congress,
either to authorize (in addition to the powers vested in this congress)
their present deputies, or others in the stead of their present
deputies, or either of them, to take into consideration the necessity
and propriety of instituting such new government as in and by the said
resolution of the Continental Congress is described and recommended; and
if the majority of the counties, by their deputies in provincial
congress, shall be of opinion that such new government ought to be
instituted and established, then to institute and establish such a
government as they shall deem best calculated to secure the rights,
liberties, and happiness of the good people of this colony; and to
continue in force until a future peace w ith Great Britain shall render
the same unnecessary; and
"Resolved, That the said elections in the
several counties ought to be had on such day, and at such place or
places, as by the committee of each county respectively shall be
determined. And it is recommended to the said committees to fix such
early days for the said elections as that all the deputies to be elected
have sufficient time to repair to the city of New York by the second
Monday in July next; on which day all the said deputies ought punctually
to give their attendance.
"And whereas the object of the Foregoing
resolutions is of the utmost importance to the good people of this
colony:
"Resolved, That it be, and it is hereby,
earnestly recommended to the committees, freeholders, and other electors
in the different counties in this colony diligently to carry the same
into execution."
And whereas the good people of the said colony,
in pursuance of the said resolution, and reposing special trust and
confidence in the members of this convention, have appointed,
authorized, and empowered them for the purposes, and in the manner, and
with the powers in and by the said resolve specified, declared, and
mentioned.
And whereas the Delegates of the United American
States, in general (Congress convened, did, on the fourth day of July
now last past, solemnly publish and declare, in the words following; viz:
"When, in the course of human events, it becomes
necessary for one people to dissolve the political bands which have
connected them with another, and to assume among the powers of the earth
the separate and equal station to which the laws of nature and of
nature's God entitle them, a decent respect to the opinions of mankind
requires that they should declare the causes which impel them to the
separation.
"We hold these truths to be self-evident, that
all men are created equal; that they are endowed by their Creator with
certain unalienable rights; that among these are, life, liberty, and the
pursuit of happiness; that to secure these rights, governments are
instituted among men, deriving their just powers from the consent of the
governed; that whenever any form of government becomes destructive of
these ends, it is the right of the people to alter or to abolish it, and
to institute new government, laying its foundation on such principles,
and organizing its powers in such form, as to them shall seem most
likely to edect their safety and happiness. Prudence, indeed, will
dictate that governments long established should not be changed for
light and transient causes, and accordingly all experience hath shown
that mankind are more disposed to suffer, while evils are sufferable,
than to right themselves by abolishing the forms to which they are
accustomed. But when a long train of abuses and usurpations; pursuing
invariably the same object, evinces a design to reduce them under
absolute despotism, it is their right, it is their duty, to throw off
such government, and to provide new guards for their future security.
Such has been the patient sufferance of these colonies; and such is now
the necessity which constrains them to alter their former system of
government. The history of the present King of Great Britain is a
history of repeated injuries and usurpations, all having in direct
object the establishment of an absolute tyranny over these States. To
prove this, let facts be submitted to a candid world.
"He has refused his assent to laws, the most
wholesome and necessary for the public good.
"He has forbidden his governors to pass laws of
immediate and pressing importance, unless suspended in their operation
till his assent should be obtained; and when so suspended, he has
utterly neglected to attend to them.
"He has refused to pass other laws for the
accommodation of large districts of people, unless those people would
relinquish the right of representation in the legislature; a right
inestimable to them, and formidable to tyrants only.
"He has called together legislative bodies at
places unusual, uncomfortable, and distant from the depository of their
public records, for the sole purpose of fatiguing them into compliance
with his measures.
"He has dissolved representative houses
repeatedly, for opposing with manly firmness his invasions on the rights
of the people.
"He has refused for a long time, after such
dissolutions, to cause others to be elected, whereby the legislative
powers, incapable of annihilation, have returned to the people at large,
for their exercise; the State remaining in the mean time exposed to all
the dangers of invasion from without, and convulsions within.
"He has endeavored to prevent the population of
these States; for that purpose obstructing the laws for naturalization
of foreigners, refusing to pass others to encourage their migrations
hither, and raising the conditions of new appropriations of lands.
"He has obstructed the administration of
justice, by refusing his assent to laws for establishing judiciary
powers.
"He has made judges dependent on his will alone,
for the tenure of their offices, and the amount and payment of their
salaries.
"He has erected a multitude of new offices, and
sent hither swarms of officers to harass our people and eat out their
substance.
"He has kept among us, in times of peace,
standing armies, without the consent of our legislatures.
"He has affected to render the military
independent of, and superior to, the civil power.
"He has combined with others to subject us to a
jurisdiction foreign to our constitution, and unacknowledged by our
laws; giving his assent to their acts of pretended legislation:
"For quartering large bodies of troops among us:
"For protecting them, by a mock trial, from
punishment for any murders they should commit on the inhabitants of
these States:
"For cutting off our trade with all parts of the
world:
"For imposing taxes on us without our consent:
"For depriving us, in many cases, of the
benefits of trial by jury:
"For transporting us beyond seas, to be tried
for pretended offences:
"For abolishing the free system of English laws
in a neighboring 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 work of death, desolation, and
tyranny, already lies on 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 Lands.
"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 m 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-cited 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 presence
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 whereas 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 presence 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 which soever the same
shall have originated) who shall enter the objection 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:
For the city and county of New York, nine.
The city and county of Albany, ten.
The county of Dutchess, seven.
The county of Westchester, six.
The county of Ulster, six.
The county of Suffolk, five.
The county of Queens, four.
The county of Orange, four.
The county of Kings, two.
The county of Richmond, two.
Tryon County, six.
Charlotte County, four.
Cumberland County, three.
Gloucester County, two.
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.(6) 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 ever 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
member 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, fine 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 inconveniences and mischiefs, unforseen 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
election 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 a 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.
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 to be chosen out of the body of the
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 aforesaid shall be
necessary to constitute 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 or 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 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 the
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 starting, 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 lieutenant-governor 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 lie 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 force thereof, he shall still continue in
his command of all the military force of this State both by sea and
land.
XXI. That whenever the government shall be
administered by the lieutenant-governor, or he shall be unable to attend
as president of the senate, the senators shall have power to elect one
of their own members to the office of president of the senate, which he
shall exercise pro hac vice. And if, during such vacancy of the office
of governor, the lieutenant-governor shall be impeached, displaced,
resign, die, or be absent from the State, the president of the senate
shall, in like manner as the lieutenant-governor, administer the
government, until others shall be elected by the suffrage of the people,
at the succeeding election.
XXII. 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 treasurer of this State shall be
appointed by act of the legislature, to originate with the assembly:
Provided, that he shall not be elected out of either branch of the
legislature.
XXIII. That all officers, other than those who,
by this constitution, are directed to be otherwise appointed, shall be
appointed in the manner following, to wit: The assembly shall, once in
every year, openly nominate and appoint one of the senators from each
great district, which senators shall form a council for the appointment
of the said officers, of which the governor for the time being, or the
lieutenant governor, or the president of the senate, when they shall
respectively administer the government, shall be president and have a
casting voice, but no other vote; and with the advice and consent of the
said council, shall appoint all the said officers; and that a majority
of the said council be a quorum. And further, the said senators shall
not be eligible to the said council for two years successively.
XXIV. That all military officers be appointed
during pleasure; that all commissioned officers, civil and military, be
commissioned by the governor; and that the chancellor, the judges of the
supreme court, and first judge of the county court in every county, hold
their offices during good behavior or until they shall have respectively
attained the age of sixty years.
XXV. That the chancellor and judges of the
supreme court shall not, at the same time, hold any other office,
excepting that of Delegate to the general Congress, upon special
occasions; and that the first Judges of the county courts, in the
several counties, shall not, at the same time, hold any other office,
excepting that of Senator or Delegate to the general Congress. But if
the chancellor, or either of the said judges, be elected or appointed to
any other office, excepting as is before excepted, it shall be at his
option in which to serve.
XXVI. That sheriffs and coroners be annually
appointed; and that no person shall be capable of holding either of the
said offices more than four years successively; nor the sheriff of
holding any other office at the same time.
XXVII. And be it further ordained, That the
register and clerks in chancery be appointed by the chancellor; the
clerks of the supreme court, by the judges of the said court; the clerk
of the court of probate, by the judge of the said court; and the
register and marshal of the court of admiralty, by the judge of the
admiralty. The said marshal, registers, and clerks to continue in office
during the pleasure of those by whom they are appointed as aforesaid.
And that all attorneys, solicitors, and
counselors at law hereafter to be appointed, be appointed by the court,
and licensed by the first judge of the court in which they shall
respectively plead or practice, and be regulated by the rules and orders
of the said courts.
XXVIII. And be it further ordained, That where,
by this convention, the duration of any office shall not be ascertained,
such office shall be construed to be held during the pleasure of the
council of appointment: Provided, That new commissions shall be issued
to judges of the county courts (other than to the first judge) and to
justices of the peace, once at the least in every three years.
XXIX. That town clerks, supervisors, assessors,
constables, and collectors, and all other officers, heretofore eligible
by the people, shall always continue to be so eligible, in the manner
directed by the present or future acts of legislature.
That loan officers, county treasurers, and
clerks of the supervisors, continue to be appointed in the manner
directed by the present or future acts of the legislature.
XXX. That Delegates to represent this State in
the general Congress of the United States of America be annually
appointed as follows, to wit: The senate and assembly shall each openly
nominate as many persons as shall be equal to the whole number of
Delegates to be appointed; after which nomination they shall meet
together, and those persons named in both lists shall be Delegates; and
out of those persons whose names are not on both lists, one-half shall
be chosen by the joint ballot of the senators and members of assembly so
met together as aforesaid.
XXXI. That the style of all laws shall be as
follows, to wit: "Be it enacted by the people of the State of New York,
represented in senate and assembly;" and that all writs and other
proceedings shall run in the name of "The people of the State of New
York," and be tested in the name of the chancellor, or chief judge of
the court from whence they shall issue.
XXXII. And this convention doth further, in the
name and by the authority of the good people of this State, ordain,
determine, and declare, that a court shall be instituted for the trial
of impeachments, and the correction of errors, under the regulations
which shall be established by the legislature; and to consist of the
president of the senate, for the time being, and the senators,
chancellor, and judges of the supreme court, or the major part of them;
except that when an impeachment shall be prosecuted against the
chancellor, or either of the judges of the supreme court, the person so
impeached shall be suspended from exercising his office until his
acquittal; and, in like manner, when an appeal from a decree in equity
shall be heard, the chancellor shall inform the court of the reasons of
his decree, but shall not have a voice in the final sentence. And if the
cause to be determined shall be brought up by writ of error, on a
question of law, on a judgment in the supreme court, the judges of that
court shall assign the reasons of such their judgment, but shall not
have a voice for its affirmance or reversal.
XXXIII. That the power of impeaching all
officers of the State, for mal and corrupt conduct in their respective
offices, be vested in the representatives of the people in assembly; but
that it shall always be necessary that two third parts of the members
present shall consent to and agree in such impeachment. That previous to
the trial of every impeachment, the members of the said court shall
respectively be sworn truly and impartially to try and determine the
charge in question, according to evidence; and that no judgment of the
said court shall be valid unless it be assented to by two third parts of
the members then present; nor shall it extend farther than to removal
from office, and disqualification to hold or enjoy any place of honor,
trust, or profit under this State. But the party so convicted shall be,
nevertheless, liable and subject to indictment, trial, judgment, and
punishment, according to the laws of the land.
XXXIV. And it is further ordained, That in every
trial on impeachment, or indictment for crimes or misdemeanors, the
party impeached or indicted shall be allowed counsel, as in civil
actions.
XXXV. And this convention doth further, in the
name and by the authority of the good people of this State, ordain,
determine, and declare that such parts of the common law of England, and
of the statute law of England and Great Britain, and of the acts of the
legislature of the colony of New York, as together did form the law of
the said colony on the 19th day of April, in the year of our Lord one
thousand seven hundred and seventy-five, shall be and continue the law
of this State, subject to such alterations and provisions as the
legislature of this State shall, from time to time, make concerning the
same. That such of the said acts, as are temporary, shall expire at the
times limited for their duration, respectively. That all such parts of
the said common law, and all such of the said statutes and acts
aforesaid, or parts thereof, as may be construed to establish or
maintain any particular denomination of Christians or their ministers,
or concern the allegiance heretofore yielded to, and the supremacy,
sovereignty, government, or prerogatives claimed or exercised by, the
King of Great Britain and his predecessors, over the colony of New York
and its inhabitants, or are repugnant to this constitution, be, and they
hereby are, abrogated and rejected. And this convention doth further
ordain, that the resolves or resolutions of the congresses of the colony
of New York, and of the convention of the State of New York, now in
force, and not repugnant to the government established by this
constitution, shall be considered as making part of the laws of this
State; subject, nevertheless, to such alterations and provisions as the
legislature of this State may, from time to time, make concerning the
same.
XXXVI. And be it further ordained, That all
grants of lands within this State, made by the King of Great Britain, or
persons acting under his authority, after the fourteenth day of October,
one thousand seven hundred and seventy-five, shall be null and void; but
that nothing in this constitution contained shall be construed to affect
any grants of land within this State, made by the authority of the said
King or his predecessors, or to annul any charters to bodies-politic by
him or them, or any of them, made prior to that day. And that none of
the said charters shall be adjudged to be void by reason of any non-user
or misuser of any of their respective rights or privileges between the
nineteenth day of April, in the year of our Lord one thousand seven
hundred and seventy-five and the publication of this constitution. And
further, that all such of the officers described in the said charters
respectively as, by the terms of the said charters, were to be appointed
by the governor of the colony of New York, with or without the advice
and consent of the council of the said King, in the said colony, shall
henceforth be appointed by the council established by this constitution
for the appointment of officers in this State, until otherwise directed
by the legislature.
XXXVII. And whereas it is of great importance to
the safety of this State that peace and amity with the Indians within
the same be at all times supported and maintained; and whereas the
frauds too often practiced towards the said Indians, in contracts made
for their lands, have, in divers instances, been productive of dangerous
discontents and animosities: Be it ordained, that no purchases or
contracts for the sale of lands, made since the fourteenth day of
October, in the year of our Lord one thousand seven hundred and
seventy-five, or which may hereafter be made with or of the said
Indians, within the limits of this State, shall be binding on the said
Indians, or deemed valid, unless made under the authority and with the
consent of the legislature of this State.
XXXVIII. And whereas we are required, by the
benevolent principles of rational liberty, not only to expel civil
tyranny, but also to guard against that spiritual oppression and
intolerance wherewith the bigotry and ambition of weak and wicked
priests and princes have scourged mankind, this convention doth further,
in the name and by the authority of the good people of this State,
ordain, determine, and declare, that the free exercise and enjoyment of
religious profession and worship, without discrimination or preference,
shall forever hereafter be allowed, within this State, to all mankind:
Provided, That the liberty of conscience, hereby granted, shall not be
so construed as to excuse acts of licentiousness, or justify practices
inconsistent with the peace or safety of this State.
XXXIX. And whereas the ministers of the gospel
are, by their profession, dedicated to the service of God and the care
of souls, and ought not to be diverted from the great duties of their
function; therefore, no minister of the gospel, or priest of any
denomination whatsoever, shall, at any time hereafter, under any
presence or description whatever, be eligible to, or capable of holding,
any civil or military office or place within this State.
XL. And whereas it is of the utmost importance
to the safety of every State that it should always be in a condition of
defense; and it is the duty of every man who enjoys the protection of
society to be prepared and willing to defend it; this convention
therefore, in the name and by the authority of the good people of this
State, doth ordain, determine, and declare that the militia of this
State, at all times hereafter, as well in peace as in war, shall be
armed and disciplined, and in readiness for service. That all such of
the inhabitants of this State being of the people called Quakers as,
from scruples of conscience, may be averse to the bearing of arms, be
therefrom excused by the legislature; and do pay to the State such sums
of money, in lieu of their personal service, as the same; may, in the
judgment of the legislature, be worth. And that a proper magazine
of warlike stores, proportionate to the number of inhabitants, be,
forever hereafter, at the expense of this State, and by acts of the
legislature, established, maintained, and continued in every county in
this State.
XLI. And this convention doth further ordain,
determine, and declare, in the name and by the authority of the good
people of this State, that trial by jury, in all cases in which it hath
heretofore been used in the colony of New York, shall be established and
remain inviolate forever. And that no acts of attainder shall be passed
by the legislature of this State for crimes, other than those committed
before the termination of the present war; and that such acts shall not
work a corruption of blood. And further, that the legislature of this
State shall, at no time hereafter, institute any new court or courts,
but such as shall proceed according to the course of the common law.
XLII. And this convention doth further, in the
name and by the authority of the good people of this State, ordain,
determine, and declare that it shall be in the discretion of the
legislature to naturalize all such persons, and in such manner, as they
shall think proper: Provided, All such of the persons so to be by them
naturalized, as being born in parts beyond sea, and out of the United
States of America, shall come to settle in and become subjects of this
State, shall take an oath of allegiance to this State, and abjure and
renounce all allegiance and subjection to all and every foreign king,
prince, potentate, and State in all matters, ecclesiastical as well as
civil.
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