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4-º'-' (-
constrfuTION
OF THE
STATE OF NEW-Fork,
WE, the people of the state of New-York, acknow.
ledging with gratitude the grace and benificence 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 senate and assembly. # *
Sec. II. The senate shall consist of thirty-two
members. The senators shall be chosen for four
years,and shall be freeholders. The assembly shall
consist of one hundred and twenty-eight members,
who shall be annually elected.
Sec. III. A majority of each house, shall consti-
tute a quorum to do business. Each house shall de-
s termine the rules of its own proceedings, and be the
judge of the qualifications of its own members.
Each house shall choose its own officers; and the
senate shall choose a temporary president, when the
lieutenant governor'shall not attend as president, or
shall act as governor,
4.
Sec. IV. Each house shall keep a journal of its
proceedings, and 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.
SEC. W. The state shall be divided into eight dis-
tricts, 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, Or-
ange, 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. Law-
Ten Ce.
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.
&
5
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 consti-
tution, they shall cause the senators to be divided
by lot, into four classes, of eight in each, so that eve-
ry 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 an-
nually elected in each senate district.
SEC. VI. An enumeration of the inhabitants of the
state, shall be taken, under the direction of the le-
gislature, in the year one thousand eight hundred
and twenty-five, and at the end of every ten years
thereafter; and the said districts shall be so altered
by the legislature, at the first session after the re-
turn of every enumeration, that each senate district
shall contain, as nearly as may be, an equal number
of inhabitants, excluding aliens, paupers, and per-
sons of colour not taxed; and shall remain unalter-
ed, 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 se-
nate district.
6
Sec. VII. The members of the assembly, shall be
chosen by counties, and shall be apportioned among
the several counties of the state, as nearly as may be,
according to the numbers of their respective inhabi-
tants, excluding aliens, paupers, and persons of co-
lour 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 anoth- "
crenumeration shall have been taken. But an ap-
portionment 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 organized,
shall always be entitled to one member of the as-
sembly; and no new county shall hereafter be
erected, unless its population shall entitle it to a
member. -
SEC. VIII. Any bill may originate in either house
of the legislature; and all bills passed by one house,
may be amended by the other.
SEC. IX. The members of the legislature, shall re-
ceive for their services, a compensation to be ascer-
tained 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 compen:
sation of the members of the legislature, beyond the
sum of three dollars a day.
7
Sec. X. No member of the legislature, shall te:
ceive any civil appointment from the governgº and
senate, or from the legislature, during the fºrm for
which he shall have been elected. •, gº {
SEC. XI. No person, Beij; ºf memº of congress,
or holding any judicialºmilitary office under the
United States, shall ‘hold a seat in the legislature.
And if any person, sfäll, while a member of the le-
gislature, be elected to congress, or appointed to
any office, civil or military, under the government of
the United States; his acceptance thereof, shall va-
cate his seat. - -
Sec. XII. Every bill which shall have passed the
Senate and Assembly, 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 thathouse in which it shall have origina-
ed; who shall 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 Governor
within ten days (Sundays excepted) after it shall

8
N.*\been presented to him, the same shall be a
* *like manner as if he had signed it, unless the
good behavior, may be
of the two houses of the l ture, if two-thirds of
all the members elected to tºassembly, and a ma-
jority of all the members elected to the Senate, con-
cur therein.
ed by joint resolution
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, un-
less a different day shall be appointed by law.
Sec. XV. The next election for governor, lieuten-
ant-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 legis-
lature shall by law provide.
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,
one thousand eight hundred and twenty-three; and
the governor, lieutenant-governor, senators, and
members of assembly, now in office, shall continue






9 ;
to hold the same, until the first day of J anuary, one
thousand eight hundred and twenty-three, and no
longer.
ARTICLE SECOND,
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 à 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 reaſ or perso-
nal property; or shall by law be exempted from tax-
ation; 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 ex-
empted from performing militia duty in conse-
quence of being a fireman in any city, town, or vil-
lage, 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 in-
habitant of this state; and for the last year, a resi-
dent in the town or county where he may offer his
vote; and shall have been, within the last year, as-
sessed to labour 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 hereaf-
ter 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
x-P 2
It)
any election, shall be seized and possessed of a frees
hold 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 seiz-
ed and possessed of such real estate as aforesaid.
SEC. II. Laws may be passed, excluding from the
right of suffrage, persons who have been, or may be,
convicted of infamous crimes.
Sec. III. Laws shall be made for ascertaining by
proper proofs, 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 for such town officers, as may by law
be directed to be otherwise chosen.
ARTICLE THIRD.
SEC. I. The executive power shall be vested in a
governor. He 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, shall be eligible to the office of go-
vernor; nor shall any person be eligible to that oſ-,
fice, who shall not be a freeholder, and shall not
have attained the age of thirty years, and have been.
11
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 the times and places of choosing
members of the legislature. The persons respect-
ively having the highest number of votes for govern-
or and lieutenant-governor, shall be elected; but in
case two or more shall have an equal number and
the highest number of votes for governor, or for lieu-
tenant-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 com-
mander in chief of all the militia, and admiral of the
navy of the state. He shall have power to con-
vene the legislature, or the senate only, on extraor-
dinary occasions. He shall communicate by mes-
sage to the legislature at every session, the condi-
tion of the state; and recommend such matters to
them as he shall judge expedient. He shall transact
all necessary business with the officers of govern-
ment, civil and military. He shall expedite all such
measures as may be resolved upon by the legisla-
ture, and shall take care that the laws are faithfully
executed. He shall, at stated times, receive for his
services, a compensation which shall neither be in-
creased nor diminished, during the term for which
he shall have been elected.
* 12
SEC. W. The governor shall have power to grant
reprieves and pardons after conviction, for all offen-
ces, except treason and cases of 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. *- $
SEg, WI. In case of the impeachment of the go-
vernor, or his removal from office, death, resignation,
or absence from the state, the powers and duties of
the office shall devolve upon the lieutenant gover-
nor, for the residue of the term, or until the gover-
nor absent or impeached, shall return, or be acquit--
ted. 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. * $ -
SEC.VII. The lieutenant governor shall be presi-
dent of the senate, but shall have only a casting vote
therein. If during a vacancy of the office of gover-
mor, 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. . . -
#3
ARTICLE FOURTH,
SEC. I. Militia officers shall be chosen, or appoint.
ed, as follows: Captains, subalterns, and non-com-
missioned officers, shall be chosen by the written
votes of the members of their respective compa-
nies. Field officers of regiments, and separate bats
talions, by the written votes of the commissioned
officers of the respeetive regiments, and separate
battalions. Brigadier generals, by the field officers
of their respective brigades, Major generals, bri-
gadier generals, and commanding officers of regi-
ments or separate battalions, shall appoint the staff
officers of their respective divisions, brigades, regi-
ments, or separate battalions.
SEC. II. The governor shall nominate, and with
the consent of the senate, appoint all major gene-
rals, brigade inspectors, and chiefs of the staff de-
partments, except the adjutant general, and com-
missary general. The adjutant general shall be ap-
pointed by the governor. -
SEG. III. The legislature, shall by law, direct the
time.and mańer of electing militia officers, and of
Ҽ their elections to the governor. Y.
..cº. -1 |
Sec. IV. The commissioned officers of the mili-
tia 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 remo-
val is recommended, or by the decision of a court

*
T4
martial, pursuant to law. The present officers of
the militia shall hold their commissions, subject to
removal as before provided.
SEC. V. In case the mode of election and ap-
pointment 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 members present in each house
shall concur therein. -
SEC. VI. The secretary of state, comptroller,
treasurer, attorney general, surveyor general, and
commissary general, shall be appointed as follows:
The senate and assembly shall each openly nomi-
năte 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 appoint.
ment shall be made by the joint ballot of the sena-
tors, and members of assemblyºſhe treasurer
shall be chosen annually. The sedgetary of state,
comptroller, attorney general, survey:
ºr general, and .
commissary general, shall hold their offices för three
years, unless sooner removed by concurrent resolu-
tion of the senate and assembly. * ,
SEC. VII. The governor shall nominate, by IſleS-
sage, in writing, and with the consent of the senate,
shall appoint all judicial officers, except justices of

15
the peace, who shall be appointed in manner follows
ing: that is to say: The board of supervisors in
every county in this state, shall, at such times as the
legislature may direct, meet together; and they, or
a majority of them so assembled, shall nominate so
many persons as shall be equal to the number of jus-
tices 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 com-
pare such nominations, at such time and place as
the legislature may direct: And if on such compa-
rison, 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 per-
sons named in such certificates, shall be justices of
the peace: And in case of disagreement in whole or
in part, it shall be the further 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 appoint, 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 office for four years, unless removed by the
county court, for eauses particularly assigned by
the judges of the said court. And no justice of the
peace shall be removed, until he shall have notice
16
of the charges made against him, and an opportuni.
ty of being heard in his defence, •r
* +
SEC. VIII. Sheriffs and clerks of counties, includ-
ing the register and clerk of the city and county of
New-York, shall be chosen by the electors of the
respective counties, once in every three years, and
as often as vacancies shall happen. Sheriffs 'shah
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 secu-
rity, from time to time; and in default of giving such
new security, their offices shall be deemed vacant.
But the county shall never be made responsible for
the acts of the sheriff. And the governor may re-
move 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. w
Sec. IX. The clerks of courts, except those clerks
whose appointment is provided for in the preced-
ing section, shall be appointed by the courts of
which they respectively are clerks; and district at-
tornies, by the county courts. Clerks of courts and
district attornies, shall hold their offices for three
years, unless sooner removed by the courts ap-
pointing them.
s
17
Sec. X. The mayors of all the cities in this state,
shall be appointed annually, by the common coian- ;
cils of the respective cities. *:
SEC. XI. So many coroners as the legislature may
direct, not exceeding 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.
Sec. XII. The governor shall nominate, and with
the consent of the senate, appoint masters and ex-
aminers in chancery; who shall hold their offices
for three years, unless sooner removed, by the se-
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. ^.
Sec. XIII. The clerk of the court of oyer and ter-
miner, and general sessions of the peace, in and for
the city and county of New-York, shall be appoint-
ed by the court of general sessions of the peace in
said city, and hold his office during the pleasure of
the said court: and such clerks and other officers
of courts, whose appointment is not herein provid-
ed for, shall be appointed by the several courts, or
by the governor, with the consent of the senate, as
may be directed by law.
Sec. XIV. The special justices, and the assistant
justices, and their clerks, in the city of New-York,
3 -
i8
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
he removable in like manner.
Sec. XV. All officers heretofore elective by the
people, shall continue 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 appointed, as may by law, be directed.
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.
... ARTICLE FIFTH.
SEC. I. The court for the trial of impeachments,
and the correction of errors, shall consist of the
president of the senate, the senators, the chancellor,
and the justices of the supreme court, or the major
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 ac-
quittal; and when an appeal from a decree in chan-
cery 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
19
error shall be brought, on a judgment of the su-
preme court, the justices of that court, shall assign
the reasons for their judgment, but shall not have a
voice for its affirmance or reversal.
Sec. II. The assembly shall have the power of im-
peaching all civil officers of this state, for mal and
corrupt conduct in office, and for high crimes and
misdemeanors: But a majority of all the members
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 in-
partially to try and determine the charge in ques-
tion, according to evidence; and no person shall be
convicted, without the concurrence of two thirds
of the members present. Judgment, in eases of im-
peachment, shall not extend farther than the remov-
al from office, and disqualification to hold and enjoy
any office of honour, trust, or profit, under this
state; but, the party convicted, shall be liable to
indictment and punishment, according to law.
SEC. III. The chancellor and justices of the su-
preme court, shall hold their offices during good be-
haviour, or until they shall attain the age of sixty
years. y
SEC. FV. The supreme court shall consist of a
chief justice, and two justices, any of whom may
hold the court.
20
SEC. W. The state shall be divided, by law, into
a convenient number 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 delive-
ry. 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 juris-
diction of the chancellor.
SEC. VI. Judges of the county courts, and re
corders of cities, shall hold their offices for five
years, but may be removed by the senate, on the
recommendation of the governor, for causes to be
stated in such recommendation.
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 peo-
ple, for the chancellor, or a justice of the supreme
court, or circuit judge, during his continuance in
his judicial office, shall be void.
º
- ARTICLE SIXTH.
Sec. I. Members of the legislature, and all off-
cers, 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 affirma-
tion: s - - -"
I do solemnly swear, (or affirm, as the case may
be,) that I will support the constitution of the Uni-
ted 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 SEVENTH.
SEC. I. No member of this state shall be disfran-
chised, or deprived of any of the rights or privile-
ges secured to any citizen thereof, unless by the
law of the land, or the judgment of his peers.
SEC. II. The trial by jury, in all cases in which it
has been heretofore used, shall remain inviolate for-
ever; and no new court shall be instituted, but such
as shall proceed according to the course of the com-
mon law; except such courts of equity, as the le-
gislature is herein authorised to establish.
Sec. III. The free exercise and enjoyment of re-
ligious profession and worship, without discrimina-
22
tion 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 ex-
cuse acts of licentiousness, or justify practices in-
consistent with the peace or safety of this state.
Sec. IV. And whereas the ministers of the gospel
are, by their 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 here-
after, under any pretence or description whatever, .
be eligible to, or capable of holding, any civil or
military office or place within this state. -
SEC. V. The militia of this state, shall, at all times
hereafter, be armed and disciplined, and in readi-
mess for service; but all such inhabitants of this
state, of any religious denomination whatever, as
from scruples of conscience, may be averse to bear-
ing arms, shall be excused therefrom, by paying to
the state an equivalent in money; and the legisla-
ture shall provide by law, for the colleetion of such
equivalent, to be estimated according to the expence,
in time, and money, of an ordinary able bodied mili-
tra han. ^.
Sec. WI. The privilege of the writ of habeas cor-
pus shall not be suspended, unless when in cases of
rebellion, or invasion, the public safety may require
its suspension. . . . . . . . . .
23
Sec. VII. No person shall be held to answer for
a capital, or otherwise infamous crime, (except in
cases of impeachment, and in cases of the militia,
when in actual service; and the land and naval for-
ces 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 sub-
ject, 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 deprived of life, liberty, or property, without due
process of law: Nor shall private property be taker:
for public use, without just compensation.
Sec, VIII. Every citizen may freely speak, write,
and publish his sentiments, on all subjects, being re-
sponsible for the abuse of that right; and no law
shall be passed, to restrain, or abridge the liberty of
speech, or of the press. In all prosecutions or in-
dictments for libels, the truth may he given in evi-
dence, to the jury; and if it shall appear to the ju-
ry, 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 branch of the legislature, shall be
24
requisite to every bill appropriating the public mo-
nies or property, for local or private purposes, of
creating, continuing, altering, or renewing, any body
politic or corporate. * Jº
Sec. X. The proceeds of all lands belonging to
this state, except such parts thereof as may be re-
served or appropriated to public use, or ceded to
the United States, which shall hereafter be sold of
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 ap-
propriated and applied, to the support of common
schools throughout this state. Rates of toll, not less
than those 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 At-
lantic 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 es-
tablished by the act of the fifteenth of April, one
thousand eight hundred and seventeen; and the du-
ties on goods sold at auction, excepting therefrom,
the sum of thirty-three thousand five hundred dol-
lars, 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 thou-
sand eight hundred and twenty, in lieu of the tax up-
on steam-boat passengers; shall be, and remain in-
25
violably appropriated and applied to the completion
of such navigable communications, and to the pay-
ment of the interest, and re-imbursement of the cap-
ital, of the money already borrowed, or which here-
after shall be borrowed, to make and complete the
same. And neither the rates of toll on the said navi-
gable communications; nor the duties on the manu-
facture of salt aforesaid; nor the duties on goods.
sold at auction, as established by the act of the fif-
teenth of April, one thousand eight hundred and
seventeen; nor the amount of the revenue, estab-
lished by the act of March the thirtieth, one thou-
sand 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
borrowed, 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 con-
tiguous thereto, which may be necessary, or con-
venient for their use, nor the said navigable commu-
nications, 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. --
Sec. XII. No purchase or eontract for the sale of
lands in this state, made since the fourteenth day of
A
26
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 un-
der the authority, and with the consent of the legis-
lature. ** l
Sec. XIII. Such parts of the common law, and of
the acts of the legislature of the colony of New-
York, as together did form the law of the said co-
lony, 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 con-
vention 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 le-
gislature 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 re-
pugnant to this constitution, are hereby abrogated,
SEC. XIV. All grants of land within this state,
made by the king of Great Britain, or persons acting
under his authority, after the fourteenth day of Oc.
tober, one thousand seven hundred and seventy-five,
shall be null and void; but nothing contained in
this constitution, shall affect any grants of land with-
in this state, made by the authority of the said king
or his predecessors, or shall annul any charters to
bodies politic and corporate, by him or them made,
27
before that day: or shall affect any such grants of
charters since made by this state, or by persons act-
ing under its authority; or shall impair the obliga-
tion of any debts contracted by the state, or indivi-
duals, or bodies corporate, or any other rights of
property, or any suits, actions, rights of action, and
other proceedings in courts of justice. %.
ARTICLE EIGHTH,
SEC. I. Any amendment, or amendments, to this
constitution, may be proposed in the senate or as-
sembly, 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
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 amend-
ments, 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 ra-
tify 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.
ºš
ARTICLE NINTH.
SEC. I. This constitution shall be in force, from
the last day of December, in the year one thousand
cight hundred and twenty-two, But all those parts
of the same, which relate to the right of suffrage; the
division of the state into senate districts; the num-
ber of members of the assembly to be elected in
pursuance of this constitution; the apportionment of
members of assembly; the elections hereby direct-
ed to commence on the first Monday of November,
in the year one thousand eight hundred and twen-
ty-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 ap-
propriating the public monies or property for lo-
cal or private purposes, or creating, continuing, al-
tering 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 present legislature shall,
on the first Monday of March next, take and sub-
scribe an oath or affirmation, to support the consti-
tution, 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 com-
mence on the first Monday of November, in the year
one thousand eight hundred and twenty-two; but
they shall not enter on the duties of their of.
fices before the first day of January then next fol-
lowing. The commissions of all persons holding
29
eivil offices on the last day of December, one-thou-
sand eight hundred and twenty-two, shall expire &n
that day; but the officers then in commission, m
respectively continue to hgld their said offices unti
new appointments, or elections shall take place iſ:
der this constitution.
Sec. II. The existing laws, relative to the manner
of notifying, holding, and conducting elections, mak-
ing returns, and canvassing votes, shall be in force,
and observed, in respect to the elections hereby di-
rected to commence on the first Monday of Novem-
ber, 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 exe-
cution of the provisions of this constitution, in re-
spect to elections.
{
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.
DANIEL D. TOMPKINS, President.
John F. BAcon,
Secretaries
SAMUEL S. GARDINER, ! *. §