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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.
Courts to appoint Clerks and District Attorneys. Sec. 9. The clerks of courts; except those clerks whose appointment 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 Cities appointed by the City Council. Sec. 10. The mayors of all the cities in this state, shall be appointed annually by the common councils of the respective cities. Four Coroners to be elected in each County once in three years.
Sec. 11. So many coroners as the legislatura 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 removable in like manner.
Chancery officers, how appointed. Sec. 12. The governor shall nominate; and with the consent of the senate, appoint masters and examiners in chancery; who shall hold their offices for three years, unless sooner removed by the senate, on the recommendation of the governor. The registers and assistant registers, shall be appointed by the chancellor, and hold their offices during his pleasure. Clerks and Justices in the City of New-York, how appointed.
Sec. 13. The clerk of the court of Over and Terminer, and general 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 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.
Sec. 14. The special justice, and the assistant justices, 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.
Other officers, how provided for. Sec. 15. 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 he hereafter created by law, shall be elected by the people, or appointed, as may by law be directed.
Sec, 16. Where the duration of any office is not prescribed by this constitution, it may be declared by law; and if not so declared, such offiue shall be held during the pleasure of the authority making the appointnient.
Court of Errors. Seo. 1. 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 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 have a voice for its affirmance or reversal.
Power of Impeachment. Sec. 2. The assembly shall have the power of impeaching 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 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 honour, trust, or profit, under this state; but the party convicted, shall be liable to indictment, and punishment, according to law.
Chancellor and Judges of the Supreme Court. Sec. 3. The chancellor, and justices of the supreme court, shall hold their offices during good behaviour, or until they shall attain the age of sixty years.
Sec. 4. The supreme court shall consist of a chief justice, and two justices, any of whom may hold the court.
State to be divided into Circuits. Sec. 5. 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 cach of which, a circuit judge shall be appointed, in the same manner, and dhold 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 jail 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.
Term of office of Judges and Recorders. Sec. 6. Judges of the county courts, and recorders of cities, shall Hold their offices for five years, but may be remover by the senate, on the -ecommendation of the governor, for causes to be stated in such recommendation.
Chancellor and Judges to hold no other office. Sec. 7. Neither the chancellor, nor justices of the supreme court, nor any circuit judge, shall hold any other office or public trust. All votes
for an 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.
Oath of office. Sec. 1. 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 qualificafion for any office or public trust.
Rights of citizens. Sec, 1. No member of this state shall be disfranchised, or de. prived of any of the rights or privileges secured to any citizen ihereof, unless by the law of the land, or the judgment of his peers,
Trial by Jury. Sec. 2. 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 common law: except such courts of equity, as the legislature is. herein authorized to establish.
Free exercise of Religion, Sec. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall for ever 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 ineligible to Office. Sec. 4. And whereas, the ministers of the gospel are, by their profession, dedicated to the service of God, and the care 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. Te Militia.--Persons averse to bearing arms, to pay an equivalent.
Sec. 5. The militia of this state shall, at all times hereafter, be armed and disciplined, and in readiness for service; but all such inhabitants 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 mo
ney; 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.
Writ of Habeas Corpus. Sec, 6. The privilege of the writ of habeas corpus, shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require its suspension.
Trial by Jury and other rights declared. Sec. 7. 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 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 witness against himself; nor be deprived of life, liberty, or property, without due process of law: Nor shall private property be taken for public use, without just compensation.
Freedom of speech, and of the Press. Sec. 8. Every citizen may freely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain, or ahridge, 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 inutives, and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact. Two thirds of the Legislature, necessa ry to the passage of certain
Acis. Sec. 9. The assent of two thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropria. ting the public monies or property for local or private purposes, or creating, continuing, altering or renewing, any body politic or corporate. Public Lands appropriated as a perpetual Fund for Common Schools.— Tolls
and certain duties pledged to the payment of monies borrowed to make the Canals--the Salt- Springs and Canals never to be sold.
Sec. 10. The proceeds of all lands belonging to this state, except such part 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 porpetual 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 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 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 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 reimbursjnent of the capital, of the money already borrowed, or which hereafter shall be borrowed, to make and complete the same. And neither the rates of toll on the said navigable communications; 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 fieu 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 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.
Lotteries prohibited. Sec. 11. No lottery shall hereafter be authorized 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. No Lands purchased of the Indians without the consent of the Legislature.
Sec. 12. No purchase or contract for the sale of lands in this state, inade 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 authority and with the consent of the legislature.
Certain Laws recognised. Sec. 13. 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 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 creby abrogated.