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Sec. VII. Neither the chancellor, nor justices of the supreme court, nor any circuit judge, shall hold any other office or public trust. All votes for any elective office, given by the legislature or the people, for the chancellor, or a justice of the supreme court, or circuit judge, during his continuance in his judicial office, shall be void.

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ARTICLE SIXTH. SEC. I. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:

I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of New-York; and that I will faithfully discharge the duties of the office of

according to the best of my ability. And no other oath, declaration, or test, shall be required as a qualification for any office or public trust.

be disfranchised.

ment of reli

ship.

ARTICLE SEVENTH. No person to Sec. I. No member of this state shall be disfranchised, or deprived chised. of any of the rights or privileges, secured to any citizen thereof, un

less by the law of the land, or the judgment of his peers. Trial by jury. Sec. II. The trial by jury, in all cases in which it has been hereNew coarts. tofore used, shall remain inviolate forever; and no new court shall be

instituted, but such as shall proceed according to the course of the common law; except such courts of equity, as the legislature is

herein authorised to establish. Free enjoy: Sec. III. The free exercise and enjoyment of religious profession gious wor and worship, without discrimination or preference, shall forever be

allowed in this state, to all mankind; but the liberty of conscience hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace, or safety of

this state. Ministers of Sec. IV. AND WHEREAS, the ministers of the gospel are, by their hold 110 of profession, dedicated to the service of God, and the cure of souls, and

ought not to be diverted from the great duties of their functions ; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding, any civil or

military office or place within this state. Militia to be Sec. V. The militia of this state, shall, at all times hereafter, be disciplined. armed and disciplined, and in readiness for service; but all such in

habitants of this state, of any religious denomination whatever, as from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, by paying to the state an equivalent in money ;

the gospel to

tive.

armed and

beas corpus.

roperty are

speech and of

mneabuse of that peocha and of

cured.

and the legislature shall provide by law, for the collection of such equivalent, to be estimated according to the expense, in time, and money, of an ordinary, able-bodied militia-man.

Sec. VI. The privilege of the writ of habeas corpus, shall not be Writ of hasuspended, unless when in cases of rebellion, or invasion, the public safety may require its suspension.

Sec. VII. No person shall be held to answer for a capital or Proceedings otherwise infamous crime, (except in cases of impeachment; and in cuses. cases of the militia, when in actual service, and the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace; and in cases of petit larceny, under the regulation of the legislature ;) unless on presentment, or indictment of a grand jury; and in every trial on impeachment or indictment, the party accused shall be allowed counsel as in civil actions. No person shall be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be diprived of life, liberty or property,, without due process of law: nor shall private property be taken for cured. public use, without just compensation.

Sec. VIII. Every citizen may freely speak, write, and publish his Freedom of sentiments, on all subjects, being responsible for the abuse of that the press sec right; and no law shall be passed, to restrain, or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence, to the jury; and if it shall appear to the jury, that the matter charged as libellous, is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

Sec. IX. The assent of two-thirds of the members elected to each Two-third branch of the legislature, shall be requisite to every bill appropriating bille the public monies or property, for local or private purposes, or creating, continuing, altering, or renewing, any body politic or corporate.

Sec. X. The proceeds of all lands belonging to this state, except Common such parts thereof as may be reserved or appropriated to public use, or ceded to the United States, which shall hereafter be sold or disposed of, together with the fund denominated the common school fund, shall be and remain a perpetual fund; the interest of which, shall be inviolably appropriated and applied, to the support of common schools throughout this state. Rates of toll, not less than those Rates of toll. agreed to, by the canal commissioners, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, shall be imposed on, and collected from all parts of the navigable communications between the great western and northern lakes, and the Atlantic ocean, which now are, or hereafter shall be made and completed : and the said tolls, together with the duties on the manufacture of all salt, as established by the act of the fifteenth

of speech, or of the hall be passed, to restrain. o

bills.

school fund.

&c. not to be

canal debt is pajd.

mrever to be sold.

of April, one thousand eight hundred and seventeen ; and the duties on goods sold at auction, excepting therefrom, the sum of thirty-three thousand five hundred dollars, otherwise appropriated by the said act; and the amount of the revenue, established by the act of the legislature of the thirtieth of March, one thousand eight hundred and twenty, in lieu of the tax upon steam-boat passengers; shall be and remain inviolably appropriated and applied to the completion of such navigable communications, and to the payment of the interest, and reimbursement of the capital, of the money already borrowed, or

which hereafter shall be borrowed, to make and complete the same. Rates of toll, And neither the rates of toll on the said navigable communications; reduced till nor the duties on the manufacture of salt aforesaid ; nor the duties on

goods sold at auction, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen; nor the amount of the revenue, established by the act of March the thirtieth, one thousand eight hundred and twenty, in lieu of the tax upon steam-boat passengers ; shall be reduced or diverted, at any time before the full

and complete payment of the principal and interest of the money borSalt springe rowed, or to be borrowed, as aforesaid. And the legislature shall

never sell, or dispose of the salt springs belonging to this state, nor the lands contiguous thereto, which may be necessary, or convenient, for their use, nor the said navigable communications, or any part or section thereof; but the same shall be and remain the property of this state.

SEC. XI. No lottery shall hereafter be authorised in this state ; and the legislature shall pass laws to prevent the sale of all lottery tickets

within this state, except in lotteries already provided for by law. Purchases of Sec. XII. No purchase or contract for the sale of lands in this

state, made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, of, or with the Indians in this state, shall be valid, unless made under the au

thority, and with the consent of the legislature. Parts of the SEC. XIII. Such parts of the common law, and of the acts of the and acts of legislature of the colony of New-York, as together did form the law legislature,, of the said colony, on the nineteenth day of April, one thousand seven

hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed, or altered; and such acts of the legislature of this state, as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.

Sec. XIV. All grants of land within this state, made by the king Tands made of Great Britain, or persons acting under his authority, after the four

Lotteries prohibited.

lands from Indians.

common law

the colonial

&c. declared Jaw.

Certain grants of

void.

rights not

teenth day of October, one thousand seven hundred and seventy-five, by the king of shall be null and void : but nothing contained in this constitution, declared shall affect any grants of land within this state, made by the authori- Certain ty of the said king or his predecessors, or shall annul any charters to win long bodies politio and corporate, by him or them made, before that day : or shall affect any such grants or charters since made by this state, or by persons acting under its authority; or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.

future

ARTICLE EIGHTH. Sec. I. Any amendment, or amendments to this constitution, may Provision for be proposed in the senate or assembly, and if the same shall be agreed amendments to by a majority of the members elected to each of the two houses, tution. such proposed amendment or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen ; and shall be published, for three months previous to the time of making such choice; and, if in the legislature next chosen as aforesaid, such proposed amendment, or amendments, shall be agreed to, by two-thirds of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment, or amendments, to the people, in such manner, and at such time, as the legislature shall prescribe : and if the people shall approve and ratify such amendment, or amendments, by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment, or amendments, shall become part of the constitution.

tution takes

ARTICLE NINTH. Sec. I. This constitution shall be in force, from the last day of When const December, in the year one thousand eight hundred and twenty-two. effecr. But all those parts of the same, which relate to the right of suffrage; the division of the state, into senate-districts; the number of members of the assembly to be elected, in pursuance of this constitution ; the apportionment of members of assembly; the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; the continuance of the members of the present legislature in office, until the first day of January, in the year one thousand eight hundred and twenty-three; and the prohibition against authorising lotteries; the prohibition against appropriating the public monies, or property, for local or private purposes, or creating, continuing, altering, or renewing any body politic or corporate, without the assent of two-thirds of the members elected to each branch of the legislature, shall be in force, and take effect, from the last day of February next. The members of the

sent commis

present legislature, shall, on the first Monday of March next, take and subscribe an oath or affirmation, to support this constitution, so far as the same shall then be in force. Sheriffs, clerks of counties, and coroners, shall be elected at the election hereby directed to commence on the first Monday of November, in the year one thousand eight hun

dred and twenty-two; but they shall not enter on the duties of their When pre- offices, before the first day of January then next following. The comnions expire. missions of all persons holding civil offices on the last day of De

cember, one thousand eight hundred and twenty-two, shall expire on that day; but the officers then in commisssion, may respectively continue to hold their said offices until new appointments, or elections, shall take place under this constitution.

Sec. II. The existing laws relative to the manner of notifying, holding, and conducting elections, making returns, and canvassing votes, shall be in force, and observed in respect to the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; so far as the same are applicable. And the present legislature shall pass such other and further laws, as may be requisite for the execution of the provisions of this constitution, in respect to elections.

Election laws.

Done in convention, at the Capitol in the city of Albany, the tenth

day of November, in the year one thousand eight hundred and twenty-one, and of the independence of the United States of America, the forty-sixth. In witness whereof, we have hereunto subscribed our names.

DANIEL D. TOMPKINS,

President, and delegate from the county of Richmond.
John F. BACON,

Secretaries.
SAMUEL S. GARDINER, S.

[The following delegates composed the convention which framed the foregoing constitution.

SUFFOLK.
Usher H. Moore,
Ebenezer Sage,
Joshua Smith.

QUEENS.
Rufus King,
Nath'l. Seaman,
Elbert H. Jones.*

KINGS.
John Lefferts.

RICHMOND.
Daniel D. Tompkins.

NEW-YORK.
Jacobus Dyckman,

Ogden Edwards,
James Fairlie,
Jno. L. Lawrence,
William Paulding, jun.
Jacob Radcliff,
Nathan Sanford,
Peter Sharpe,
Peter Stagg,
P. H. Wendover,
H. Wheaton.

WESTCHESTER.
Peter A. Jay, *
Peter Jay Monro,
Jonathan Ward.

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