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right to vote.

Sec. III. Laws shall be made for ascertaining by proper proofs, Proofs of the citizens who shall be entitled to the right of suffrage, hereby established.

Sec. IV. All elections by the citizens, shall be by ballot, except Elections to for such town officers as may by law be directed to be otherwise chosen.


governor and

powers of the

ARTICLE THIRD. Sec. I. The executive power shall be vested in a governor. He Executivo shall hold his office for two years; and a lieutenant-governor, shall be chosen at the same time, and for the same term.

Sec. II. No person, except a native citizen of the United States, Qualification shall be eligible to the office of governor; nor shall any person governor. be eligible to that office, who shall not be a freeholder, and shall not have attained the age of thirty years, and have been five years a resident within this state; unless he shall have been absent during that time, on public business of the United States, or of this state.

Sec. III. The governor and lieutenant-governor shall be elected at Elections of the times and places of choosing members of the legislature. The it. governor. 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 highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature, shall by joint ballot, choose one of the said persons so having an equal and the highest number of votes, for governor, or lieutenant-governor.

Sec. IV. The governor shall be general and commander in chief Duties and of all the militia, and admiral of the navy of the state. He shall governor. have power to convene the legislature, (or the senate only,) on extraordinary 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 compen- His compensation which shall neither be increased nor diminished, during the term for which he shall have been elected.

Sec. V. The governor shall have power to grant reprieves and Pardoning pardons after conviction, for all offences, except treason and cases of to impeachment. Upon convictions 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 direct the execution of the criminal, or grant a farther reprieve.

Sec. VI. In case of the impeachment of the governor, or his re- When powmoval from office, death, resignation, or absence from the state, the “** °



ery of the goState officers

volve on the lieutenantgovernor.

vernor de... powers and duties of the office shall devolve upon the lieutenant-go

vernor, for the residue of the term, or until the governor absent or impeached, shall return, or be acquitted. 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, he shall still continue

commander in chief of all the military force of the state. ent of Sec. VII. The lieutenant-governor shall be president of the senate,

. but shall have only a casting vote therein. If during a vacancy of vernor in cer- 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 act as governor, until the vacancy shall be filled, or the disability shall cease.

President of the senate. To act as go

tain easer.

Manner of choosing appointing inilitia offi

und senate.

ARTICLE FOURTH. Sec. I. Militia officers shall be chosen, or appointed as follows: captains, subalterns, and non-commissioned officers, shall be chosen by the written 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 battalions. Brigadier-generals, by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff officers of their respective divisions, brigades, regiments, or se

parate battalions. Officers to be Sec. II. The governor shall nominate, and with the consent of the iho governor senate, appoint all major-generals, brigade inspectors, and chiefs of

the staff departments, except the adjutant-general, and commissary-general. The adjutant-general shall be appointed by the go

vernor. Election of Sec. III. The legislature, shall by law, direct the time and man

ner of electing militia officers, and of certifying their elections to the governor.

Sec. IV. 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 recommendation 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 commission, subject to re

moval as before provided. Election of Sec. V. 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 mem

bers present in each house, shall concur therein. State officers Sec. VI. The secretary of state, comptroller, treasurer, attorneyeasy appoint general, surveyor-general, and commissary-general, shall be appoint

militia offcers.

Oficers how commission ed.

militia officers may be abolished.



appointed by


peace, how

ed as follows: The senate and assembly shall each openly nominate one person for the said offices respectively: after which, they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the senators and members of assembly. The treasurer Terms of or shall be chosen annually. The secretary of state, comptroller, attorney-general, surveyor-general, and commissary-general, shall hold their offices for three years, unless sooner removed by concurrent resolution of the senate and assembly.

Sec. VII. The governor shall nominate, by message, in writing, Officers to be and with the consent of the senate, shall appoint, all judicial officers, governor an except justices of the peace, who shall be appointed in manner following, that is to say: The board of supervisors in every county in this state, shall, at such times as the legislature may direct, meet to- Justices of gether; and they, or a majority of them so assembled, shall nominate appointed." so many persons as shall be equal to the number of justices of the peace to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons; and it shall be the duty of the said board of supervisors, and judges of county courts, to compare such nominations, at such time and place, as the legislature may direct: And if on such comparison, the said boards of supervisors and judges of county courts, shall agree in their nominations, in all, or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county ; and the person or persons named in such certificates, shall be justices of the peace: And in case of disagreement in whole, or in part, it shall be the farther duty of the said boards of supervisors, and judges respectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the said nominations, and úppoint so many justices of the peace, as shall be requisite to fill the vacancies.

Every person appointed a justice of the peace, shall hold his oflice Term of of for four years, unless removed by the county court, for causes par- moved. ticularly assigned by the judges of the said court. And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defence.

Sec. VIII. Sheriffs and clerks of counties, including the register and clerk of the city and county of New-York, shall be chosen by the clerks of electors of the respective counties, once in every three years, and as register and often as vacancies 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

Security time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made respon


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How remo- sible for the acts of the sheriff: and the governor may remove any

such sheriff, clerk, or register, at any time within the three years for which he shall be elected, giving to such sheriff, clerk, or register, a copy of the charge against him, and an opportunity of being heard in

his defence, before any removal shall be made. Clerks of Sec. IX. The clerks of courts, except those clerks whose appointdistrict attor- ment is provided for in the preceding section, shall be appointed by

the courts of which they respectively are clerks; and district attornies, by the county courts. Clerks of courts and district attornies, shall hold their offices for three years, unless sooner removed by the

courts appointing them. Mayors of Sec. X. The mayors of all the cities in this state shall be appoint

ed annually, by the common councils of the respective cities. Coroners. Sec. XI. So many coroners as the legislature may direct, not ex

ceeding four in each county, shall be elected in the same manner as sheriffs, and shall hold their offices for the same term, and be remova

ble in like manner. Masters and Sec. XII. The governor shall nominate, and with the consent of chancery. "the senate, appoint masters and examiners in chancery; who shall

hold their offices for three years, unless sooner removed by the seKegister, &c. nate, on the recommendation of the governor. The registers and

assistant registers, shall be appointed by the chancellor, and hold

their offices during his pleasure. Clerk of oyer Sec. XIII. The clerk of the court of oyer and terminer, and general in N. Y. sessions of the peace, in and for the city and county of New-York,

shall be appointed by the court of general sessions of the peace in said

city, and hold his office during the pleasure of the said court : and Other offi- such clerks and other officers of courts, whose appointment is not

herein provided for, shall be appointed by the several courts, or by the governor, with the consent of the senate, as may be directed by

law. Special and Sec. XIV. The special justices, and the assistant justices, and tices and their clerks, in the city of New-York, shall be appointed by the

common council of the said city; and shall hold their offices for the same term, that the justices of the peace, in the other counties of this

state, hold their offices, and shall be removable in like manner. Officers to be Sec. XV. All officers heretofore elective by the people, shall con

tinue to be elected ; and all other officers, whose appointment is not provided for, by this constitution, and all officers, whose offices may be hereafter created by law, shall be elected by the people, or ap

pointed, as may by law be directed. Duration of Sec. XVI. Where the duration of any office is not prescribed 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.

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ARTICLE FIFTH. Sec. I. The court for the trial of impeachments, and the correc- Court for the tion of errors, shall consist of the president of the senate, the senators, peachments the chancellor, and the justices of the supreme court, or the major rection of er part of them; but when an impeachment shall be prosecuted against the chancellor, or any justice of the supreme court, the person so impeached, shall be suspended from exercising his office, until his acquittal; and when an appeal from a decree in chancery shall be heard, the chancellor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence; and when a writ of error shall be brought, on a judgment of the supreme court, the justices of that court, shall assign the reasons for their judgment, but shall not bave a voice for its affirmance or reversal.

Sec. II. The assembly shall have the power of impeaching all Power of imcivil officers of this state for mal and corrupt conduct in office, and beste 1 io the for high crimes and misdemeanors : but a majority of all the mem-' bers elected, shall concur in an impeachment. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend farther than the removal from office, and disqualification to hold, and enjoy, any office of honor, trust or profit, under this state ; but the party convicted, shall be liable to indictment, and punishment, according to law.

Sec. IIL The chancellor and justices of the supreme court, shall Chancellor, hold their offices during good behavior, or until they shall attain the c. age of sixty years.

Sec. IV. The supreme court shall consist of a chief justice, and Supreme two justices, any of whom may hold the court.

Sec. V. The state shall be divided, by law, into a convenient Circuit judgnumber of circuits, not less than four, nor exceeding eight, subject to alteration, by the legislature, from time to time, as the public good may require; for each of which, a circuit judge shall be appointed, in the same manner, and hold his office by the same tenure, as the justices of the supreme court ; and who shall possess the powers of a justice of the supreme court at chambers, and in the trial of issues joined in the supreme court; and in courts of oyer and terminer, and gaol delivery. And such equity powers may be vested in the said circuit judges, or in the county courts, or in such other subordinate courts, as the legislature may by law direct, subject to the appellate jurisdiction of the chancellor.

Sec. VI. Judges of the county courts, and recorders of cities shall Judges of hold their offices for five years, but may be removed by the senate, on courts, etc. the recommendation of the governor, for causes to be stated in such recompoendation.


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