Number of members of might deem proper; and also for the purpose of considering and determining the true construction of the twenty-third article of the constitution of this state relative to the right of nomination to office;" AND WHEREAS the people of this state have elected the members of this convention for the purpose above expressed; and this convention having maturely considered the subject thus submitted to their determination, do, in the name and by the authority of the people of this state, ORDAIN, DETERMINE AND DECLARE: I. That the number of the members of the assembly hereafter to assembly. be elected, shall be one hundred, and shall never exceed one hundred and fifty. To be ap portioned by the legisla fure. Number of senators re and the man ing. II. That the legislature at their next session, shall apportion the said one hundred members of the assembly among the several counties of this state, as nearly as may be, according to the number of electors which shall be found to be in each county by the census directed to be taken in the present year. III. That from the first Monday in July next, the number of the duced to 32, senators shall be permanently thirty-two, and that the present numner of reduc- ber of senators shall be reduced to thirty-two in the following manner, that is to say: The seats of the eleven senators composing the first class, whose time of service will expire on the first Monday in July next, shall not be filled up and out of the second class the seats of one senator from the middle district, and of one senator from the southern district, shall be vacated by the senators of those districts belonging to that class, casting lots among themselves; out of the third class the seats of two senators from the middle district, and of one senator from the eastern district, shall be vacated in the same manner; out of the fourth class the seats of one senator from the middle district, of one senator from the eastern district, and of one senator from the western district, shall be vacated in the same manner; and if any of the said classes shall neglect to cast lots, the senate shall in such case proceed to cast lots for such class or classes so neglecting. And that eight senators shall be chosen at the next election in such districts as the legislature shall direct, for the purpose of apportioning the whole number of senators amongst the four great districts of this state, as nearly as may be, according to the number of electors qualified to vote for senators, which shall be found to be in each of the said districts by the census above mentioned; which eight senators so to be chosen shall form the first class. Mode of increasing the IV. That from the first Monday in July next, and on the return of assembly till every census thereafter, the number of the assembly shall be increas150, and the ed at the rate of two members for every year, until the whole num it arrive to legislature to nators and assembly apportion se ber shall amount to one hundred and fifty; and that upon the return of every such census, the legislature shall apportion the senators and members of the assembly amongst the great districts and counties of this state, as nearly as may be, according to the number of their re men. spective electors: Provided, That the legislature shall not be prohibited by any thing herein contained, from allowing one member of assembly to each county, heretofore erected within this state. True cou struction of 23d article of the constitu V. And this convention do further, in the name and by the authority of the people of this state, ORDAIN, DETERMINE AND DECLARE, That by the true construction of the twenty-third article of tion declared the constitution of this state, the right to nominate all officers other than those who by the constitution are directed to be otherwise appointed, is vested concurrently in the person administering the government of this state for the time being, and in each of the members of the council of appointment. By order, We, the people of the state of New-York, acknowledging with gratitude the grace and beneficence of God, in permitting us to make choice of our form of government, do establish this constitution. ARTICLE FIRST. SEC. I. The legislative power of this state, shall be vested in a Legislature. senate and an assembly. SEC. II. The senate shall consist of thirty-two members. The Senate. senators shall be chosen for four years, and shall be freeholders. The Assembly. assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. each house. SEC. III. A majority of each house shall constitute a quorum to Quorum. do business. Each house shall determine the rules of its own pro- Powers of ceedings, and be the judge of the qualifications of its own members. Each house shall choose its own officers; and the senate shall choose Officers. a temporary president, when the lieutenant-governor shall not attend as president, or shall act as governor. be kept, &c. SEC. IV. Each house shall keep a journal of its proceedings, and Journals to 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. Senatorial districts. No. 1. No. 2. No. 3. No. 4. No. 5. No. G. No. 7. No. 8. Senate to be divided into classes. Census when to be taken. altered. SEC. V. The state shall be divided into eight districts, to be called senate districts, each of which shall choose four senators. The first district shall consist of the counties of Suffolk, Queens, Kings, Richmond, and New-York. The second district, shall consist of the counties of Westchester, Putnam, Dutchess, Rockland, Orange, Ulster, and Sullivan. The third district, shall consist of the counties of Greene, Columbia, Albany, Rensselaer, Schoharie, and Schenectady. The fourth district, shall consist of the counties of Saratoga, Montgomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin, and St. Lawrence. The fifth district, shall consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis, and Jefferson. The sixth district, shall consist of the counties of Delaware, Otsego, Chenango, Broome, Cortland, Tompkins, and Tioga. The seventh district, shall consist of the counties of Onondaga, Cayuga, Seneca, and Ontario. The eighth district, shall consist of the counties of Steuben, Livingston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus, and Chautauque. And as soon as the senate shall meet, after the first election to be held in pursuance of this constitution, they shall cause the senators to be divided by lot, into four classes, of eight in each, so that every district shall have one senator of each class; the classes to be numbered, one, two, three, and four. And the seats of the first class, shall be vacated at the end of the first year; of the second class, at the end of the second year; of the third class, at the end of the third year; of the fourth class, at the end of the fourth year; in order that one senator be annually elected in each senate district. SEC. VI. 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 twenty-five, and at the end of every ten years Districts to be thereafter; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers and persons of colour not To remain taxed; and shall remain unaltered, until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district. unaltered. Members of ed. SEC. VII. The members of the assembly, shall be chosen by counbe apportion- ties, and shall be apportioned among the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of colour not taxed. An apportionment of members of assembly, shall be made by the legislature, at its first session after the return of every enumeration; and when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of members of the assembly, shall be made by the present legislature, according to the last enumeration taken under the authority of the United States, as nearly as may be. Every county heretofore established, and separately or- Each county ganized, shall always be entitled to one member of the assembly; one member. and no new county shall hereafter be erected, unless its population shall entitle it to a member. entitled to bers. SEC. VIII. Any bill may originate in either house of the legisla- Bills. ture; and all bills passed by one house, may be amended by the other. SEC. IX. The members of the legislature, shall receive for their Pay of memservices, a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect, during the year in which it shall have been made. And no law shall be passed, increasing the compensation of the members of the legislature, beyond the sum of three dollars a day. No member SEC. X. No member of the legislature, shall receive any civil ap- to receive ap pointment from the governor and senate, or from the legislature, du- pointments. ring the term for which he shall have been elected. members. SEC. XI. No person, being a member of congress, or holding any Persons disqualified judicial or military office under the United States, shall hold a seat from being in the legislature. And if any person, shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States; his acceptance thereof, shall vacate his seat. : presented to the governor. If returned by jections, how disposed of. SEC. XII. Every bill which shall have passed the senate and as- Bills to be sembly, shall, before it become 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 him with ob enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons 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 go- Effect, if not vernor within ten days (Sundays excepted) after it shall have been withiu ten presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return; in which case it shall not be a law. returned days. cers may be joint resolu SEC. XIII. All officers holding their offices during good behaviour Cortain offimay be removed by joint resolution, of the two houses of the legisla- removed by ture, if two-thirds of all the members elected to the assembly, and a tion. majority of all the members elected to the senate, concur therein. Legislature when to meet. Time of annual election. SEC. XIV. The political year shall begin on the first day of January; and the legislature shall every year, assemble on the first Tuesday of January, unless a different day shall be appointed by law. SEC. XV. The next election for governor, lieutenant-governor, senators, and members of assembly, shall commence on the first Monday of November, one thousand eight hundred and twenty-two; and all subsequent elections, shall be held at such time, in the month of October or November, as the legislature, shall by law, provide. New officers. SEC. XVI. The governor, lieutenant-governor, senators, and members of assembly, first elected under this constitution, shall enter on the duties of their respective offices, on the first day of January, thousand eight hundred and twenty-three; and the governor, lieutenant-governor, senators and members of assembly, now in office, shall continue to hold the same, until the first day of January, one thousand eight hundred and twenty-three, and no longer. Existing offi Qualifica tions of elec tors. ARTICLE SECOND. one SEC. I. Every male citizen, of the age of twenty-one years, who shall have been an inhabitant of this state one year preceding any election, and for the last six months a resident of the town or county where he may offer his vote; and shall have, within the year next preceding the election, paid a tax to the state or county, assessed upon his real or personal property; or shall by law be exempted from taxation; or being armed and equipped according to law, shall have performed within that year, military duty in the militia of this state; or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town or village in this state and also, every male citizen of the age of twenty-one years, who shall have been, for three years next preceding such election, an inhabitant of this state; and for the last year, a resident in the town or county, where he may offer his vote; and shall have been, within the last year, assessed to labor upon the public highways, and shall have performed the labor, or paid an equivalent therefor, according to law, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter Freehold re- may be, elective by the people: but no man of colour, unless he shall have been for three years a citizen of this state, and for one year next preceding any election, shall be seised 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 any such election. And no person of colour shall be subject to direct taxation unless he shall be seised, and possessed, of such real estate as aforesaid. quired for men of co lour. Who may be excluded. SEC. II. Laws may be passed, excluding from the right of suffrage, persons who have been, or may be, convicted of infamous crimes. |