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Their term of election, and rotation in office.

Manner of choosing.

apportion

ment of the senators.

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; and 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, Gensus, and six; and in the eastern district, three. AND BE IT ORDAINED, that a census shall be taken as soon as may be, after the expiration of seven years from the termination of the present war, under the direction of the legislature; and if, on such census, it shall appear that the number of senators is not justly proportioned to the several districts, that the legislature adjust the proportion, as near as may be, to the number of freeholders, qualified as aforesaid, in each district. That when the number of electors within any of the said districts shall have increased one twenty-fourth part of the whole number of electors, which by the said census shall be found to be in this state, an additional senator shall be chosen by the electors of such district. That a majority of the number of senators, to be chosen as aforesaid, shall be necessary to constitute a senate sufficient to proceed upon business; To be judges and that the senate shall, in like manner with the assembly, be the members. judges of its own members. AND BE IT ORDAINED, that it shall be in Other coun- the power of the future legislatures of this state, for the convenience tricts may be and advantage of the good people thereof, to divide the same into such further and other counties and districts, as shall to them appear

A

quorum.

of their own

ties and dis

erected.

No person to

be disfran

law.

necessary.

XIII. And this convention doth further, in the name and by the auchised but by thority of the good people of this state, oRDAIN, DETERMINE, AND DECLARE, that no member of this state shall be disfranchised, or deprived of any of 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.

Adjourn

ments of both houses.

XIV. That neither the assembly or the senate shall have power to adjourn themselves for any longer time than two days, without the mutual consent of both.

between

open, aud

XV. That, whenever the assembly and senate disagree, a con- Conference ference shall be held in the presence of both, and be managed by them. committees, to be by them respectively chosen by ballot. That the Doors to be 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 Journals how shall be kept in the manner heretofore accustomed by the general as- lished. sembly 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.

kept and pub

the senate

limited.

XVI. It is, nevertheless, provided, that the number of senators Number of shall never exceed one hundred, nor the number of the assembly three and assembly 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 hereafter, 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.

power vested

how to be

XVII. And this convention doth further, in the name and by the Executive authority of the good people of this state, ORDAIN, DETERMINE, AND in a governor. DECLARE, that the supreme executive power and authority of this state shall be vested in a governor; and that, statedly, once in every When and three years, and as often as the seat of government shall become va- chosen. cant, 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 num ber of votes within the said state, shall be the governor thereof.

XVIII. That the governor shall continue in office three years, and His power. 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 legis- And duty, lature, at every session, of the condition of the state, so far as may re

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LA. governor.

spect 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 dont of the such lieutenant-governor shall, by virtue of his office, be president of the senate, and, upon an equal division, have a casting vote in their decisions, but not vote on any other occasion.

To be

senate.

presi

His further power and duty.

In his absence a president to be chosen by the senate.

And in case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until another be chosen, or the governor absent or impeached, shall return, or be acquitted. Provided, that where the governor shall, with the consent of the legislature, be out of the state, in time of war, at the head of a military 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, His power 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.

and duty.

Treasurer.

Council of

appointment.

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 lieutenantgovernor, 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.

certain offi

XXIV. That all military officers be appointed during pleasure; Fenure of that all commissioned officers, civil and military, be commissioned by ces. 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.

certain judi

XXV. That the chancellor and judges of the supreme court shall Tenure of not, at the same time, hold any other office, excepting that of dele- cial offices. gate 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.

coroners.

XXVI. That sheriffs and coroners be annually appointed; and Sherif's 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.

clerks, and

whom ap

XXVII. AND BE IT FURTHER ORDAINED, That the register, and Registers clerks in chancery, be appointed by the chancellor; the clerks of the marshal, by supreme court, by the judges of the said court; the clerk of the court pointed. of probates, 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 to be appointed as aforesaid.

licitors, and

by whom ap

offices.

And all attorneys, solicitors, and counsellors at law, hereafter to be Attornies, soappointed, be appointed by the court, and licensed by the first judge counsellors, of the court in which they shall respectively plead or practice; and pointed. be regulated by the rules and orders of the said courts. XXVIII. AND BE IT FURTHER ORDAINED, That where, by this Duration of constitution, 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.

cers.

XXIX. The town clerks, supervisors, assessors, constables, and Town offcollectors, 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.

County trea

That loan officers, county treasurers, and clerks of the supervisors, Loan officers,, continue to be appointed in the manner directed by the present or fu- surers, &c. ture acts of the legislature.

Delegates to
Gongress.

Style of laws and form of

process.

Court for the trial of im

and the cor

rors.

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 peachments authority of the good people of this state, ORDAIN, DETERMINE, AND rection of er- 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 the court shall assign the reasons of such their judgment, but shall not have a voice for its affirmance or reversal.

Power of impeachment,

of proceed

ing.

XXXIII. That the power of impeaching all officers of the state, and manner 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 shall 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.

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