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 members present in each House shall concur therein.

ARTICLE XII.

SECTION I. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law 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.

ARTICLE XIII.

SECTION I. Any amendment or amendments to this Constitution may be proposed in the Senate and Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two Houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature, to be chosen at the next general election of Senators, and shall be published for three months previous to the time of making such choice, and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority 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.

SEC. II. At the general election to be held in the year eighteen hundred and sixty-six, and in each twentieth year thereafter, and also at such time as the Legislature may by law provide, the question, "Shall there be a Convention to revise the Constitution, and amend the same?" shall be decided by the electors qualified to vote for members of the Legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a Convention for such purpose, the Legislature at its next session shall provide by law for the election of Delegates to such Convention.

ARTICLE XIV.

SECTION I. The first election of Senators and Members of Assembly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-seven.

The Senators and Members of Assembly, who may be in office on the first day

of January, one thousand eight hundred and forty-seven, shall hold their offices until and including the thirty-first day of December following, and no longer.

SEC. II. The first election of Governor and Lieutenant Governor under this Constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-eight; and the Governor and Lieutenant Governor in office when this Constitution shall take effect, shall hold their respective offices until and including the thirty-first day of December of that year.

SEC. III. The Secretary of State, Comptroller, Treasurer, Attorney General, District Attorney, Surveyor General, Canal Commissioners, and Inspectors of State Prisons, in office when this Constitution shall take effect, shall hold their respective offices until and including the thirty-first day of December, one thousand eight hundred and forty-seven, and no longer.

SEC. IV. The first election of Judges and Clerk of the Court of Appeals, Justices of the Supreme Court, and County Judges, shall take place at such time between the first Tuesday of April and the second Tuesday of June, one thousand eight hundred and forty-seven, as may be prescribed by law. respectively enter upon their duties, on the first Monday of but the term of office of said Judges, Clerk and Justices as declared by this Constitution, shall be deemed to commence on the first day of January, one thousand eight hundred and forty-eight.

The said courts shall July, next thereafter;

SEC. V. On the first Monday of July, one thousand eight hundred and fortyseven, jurisdiction of all suits and proceedings then pending in the present Supreme Court and Court of Chancery, and all suits and proceedings originally commenced and then pending in any Court of Common Pleas, (except in the city and county of New-York,) shall become vested in the Supreme Court hereby established. Proceedings pending in Courts of Common Pleas, and in suits originally commenced in Justices' Courts, shall be transferred to the County Courts provided for in this Constitution, in such manner and form, and under such regulation as shall be provided by law. The Courts of Oyer and Terminer hereby established, shall, in their respective counties, have jurisdiction, on-and after the day last mentioned, of all indictments and proceedings then pending in the present Courts of Oyer and Terminer, and also of all indictments and proceedings then pending in the present Courts of General Sessions of the Peace, except in the city of New-York, and except in cases of which the Courts of Sessions hereby established may lawfully take cognizance; and of such indictments and proceeding the Courts of Sessions hereby established shall have jurisdiction on and after the day last mentioned.

SEC. VI. The Chancellor, and the present Supreme Court, shall, respectively, have power to hear and determine any of such suits and proceedings ready on the first Monday of July, one thousand eight hundred and forty-seven, for hearing or decision, and shall, for their services therein, be entitled to their present rates of compensation, until the first day of July, one thousand eight hundred and fortyeight, or until all such suits and proceedings shall be sooner heard and determined. Masters in Chancery may continue to exercise the functions of their office in the

Court of Chancery, so long as the Chancellor shall continue to exercise the functions of his office under the provisions of this Constitution.

And the Supreme Court hereby established shall also have power to hear and determine such of said suits and proceedings as may be pescribed by law.

SEC. VII. In case any vacancy shall occur in the office of Chancellor or Justice of the present Supreme Court, previously to the first day of July, one thousand eight hundred and forty-eight, the Governor may nominate, and by and with the advice and consent of the Senate, appoint a proper person to fill such vacancy. Any Judge of the Court of Appeals or Justice of the Supreme Court, elected under this Constitution, may receive and hold such appointment.

SEC. VIII. The offices of Chancellor, Justice of the existing Supreme Court, Circuit Judge, Vice Chancellor, Assistant Vice Chancellor, Judge of the existing county courts of each county, Supreme Court Commissioner, Master in Chancery, Examiner in Chancery and Surrogate, (except as herein otherwise provided,) are abolished from and after the first Monday of July, one thousand eight hundred and forty-seven.

SEC. IX. The Chancellor, the Justices of the present Supreme Court, and the Circuit Judges are hereby declared to be severally eligible to any office at the first election under this Constitution.

SEC. X. Sheriffs, Clerks of counties, (including the Register and Clerk of the city and county of New-York) and Justices of the Peace, and Coroners, in office when this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected.

SEC. XI. Judicial officers in office when this Constitution shall take effect, may continue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twentieth section of the sixth article of this Constitution.

SEC. XII. All local courts established in any city or village, including the Supe rior Court, Common Pleas, Sessions and Surrogate's Courts of the city and county of New-York, shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions; and the judges of such courts and any clerks thereof in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the Legislature shall otherwise direct.

SEC. XIII. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided.

Done, in Convention, at the Capitol, in the city of Albany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America the seventy-first.

STATE OF OHIO.

399

CONSTITUTION

OF

THE STATE OF OHIO.

WE, THE PEOPLE of the eastern division of the territory of the United States northwest of the river Ohio, having the right of admission into the General Government, as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congress of one thousand seven hundred and eighty-seven, and of the law of Congress entitled "An act to enable the people of the eastern division of the territory of the United States, northwest of the river Ohio, to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes": in order to establish justice, promote the welfare, and secure the blessings of liberty to ourselves and posterity, do ordain and establish the following Constitution a form of govern ment, and do mutually agree with each other to form ourselves into a free and independent State, by the name of the State of Ohio.

ARTICLE I.

SECTION 1. The Legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people.

SEC. II. Within one year after the first meeting of the General Assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twenty-one years of age shall be made, in such manner as shall be directed by law. The number of representatives shall at the several periods of making such enumeration, be fixed by the Legislature and apportioned among the several counties according to the number of white male inhabitants above twentyone years of age in cach, and shall never be less than twenty-four nor greater than thirty-six, until the number of white male inha! itants above twenty-one years of age shall be twenty-two thousand, and after that event, at such ratio that the whole number of representatives shall never be less than thirty-six, nor exceed seventy

two.

SEC. III. The representatives shall be chosen annually by the citizens of each county respectively, on the second Tuesday of October.

SEC. IV. No person shall be a representative who shall not have attained the

age of twenty-five years, and be a citizen of the United States, and an inhabitant of this State; shall also have resided within the limits of the county in which he shall be chosen, one year next preceding his election, unless he shall have been absent on the public business of the United States or of this State, and shall have paid a State or county tax.

SEC V. The Senators shall be chosen biennially by the qualified voters for representatives; and on their being convened in consequence of the first election, they shall be divided by lot, from their respective counties or districts, as near as can be, into two classes: the seats of the Senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year: so that one-half thereof, as near as possible, may be annually chosen forever thereafter.

SEC. VI. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the several counties or districts to be established by law, according to the number of white male inhabitants of the age of twenty-one years in each, and shall never be less than one-third nor more than one half of the number of representatives.

SEC. VII. No person shall be a Senator who has not arrived at the age of thirty years, and is a citizen of the United States; shall have resided two years in the county or district, immediately preceding the election, unless he shall have been absent on the public business of the United States, or of this State; and shall, moreover, have paid a State or county tax.

SEC. VIII. The Senate and House of Representatives, when assembled, shall each choose a Speaker and its other officers; be judges of the qualifications and elections of its members, and sit upon its own adjournments; two-thirds of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members.

SEC. IX. Each House shall keep a journal of its proceedings, and publish them; the yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals.

SEC. X. Any two members of either House shall have liberty to dissent from, and protest against, any act or resolution which they may think injurious to the public, or any individual, and have the reasons of their dissent entered on the journals.

SEC. XI. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free and independent State.

SEC. XII. When vacancies happen in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election, to fill such vacancies.

SEC. XIII. Senators and Representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the