Abbildungen der Seite

discontents and animosities: BE IT ORDAINED, That no purchases or contracts for the sale of lands made since the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said Indians, within the limits of this state, shall be binding on the said Indians, or deemed valid, unless made under the authority and with the consent of the legislature of this state.

cise of reli

XXXVIII. AND WHEREAS we are required, by the benevolent Free exerprinciples of rational liberty, not only to expel civil tyranny, but gion. also to guard against that spiritual oppression and intolerance wherewith the bigotry and ambition of weak and wicked priests and princes have scourged mankind: this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE AND DECLARE, That the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this state to all mankind: Provided, that the liberty of conscience hereby granted shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

or priest to


XXXIX. AND WHEREAS the ministers of the gospel are, by their No minister profession, dedicated to the service of God and the cure of souls, hold any and ought not to be diverted from the great duties of their function; therefore no minister of the gospel or priest of any denomination whatsoever, shall, at any time hereafter, under any pretense or description whatever, be eligible to or capable of holding, any civil or military office or place within this state.

XL. AND WHEREAS it is of the utmost importance to the safety Militia, of every state, that it should always be in a condition of defense; and it is the duty of every man who enjoys the protection of society, to be prepared and willing to defend it; this convention, therefore, in the name and by the authority of the good people of this state, doth ORDAIN, DETERMINE AND DECLARE, That the militia of this state, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this state (being of the people called quakers) as from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature, and do pay to the state such sums of money, in lieu of their personal service, as the same may, in the judgment of the legislature, be worth. And that a proper Magazines. magazine of warlike stores proportionate to the number of inhabitants, be, forever hereafter, at the expense of this state, and by acts of the legislature, established, maintained and continued, in every county in this state.


XLI. And this convention doth further ORDAIN, DETERMINE AND Trial by DECLARE, in the name, and by the authority of the good people of this state, that trial by jury, in all cases in which it hath heretofore been used in the colony of New York, shall be established, and remain inviolate forever: And that no acts of attainder shall be passed by the legislature of this state, for crimes other than those committed before the termination of the present war; and that such acts shall not work a corruption of blood. AND FURTHER, that the legis- New courts lature of this state shall, at no time hereafter, institute any new

[blocks in formation]


court or courts, but such as shall proceed according to the course of the common law.

XLII. And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE AND DECLARE, That it shall be in the discretion of the legislature to naturalize all such persons, and in such manner, as they shall think proper: Provided, all such of the persons so to be by them naturalized, as, being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this state, shall take an oath of allegiance to this state, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate and state, in all matters, ecclesiastical as well as civil. By order:


[The following has been published as an authentic list of the members elected to the convention which formed the preceding constitution. Its insertion here will gratify a laudable curiosity, while it will perpetuate the names of those to whose labors their country is indebted for one of the earliest written constitutions adopted by the American states. In the first or left hand column are placed the names of those who are found to have attended the convention at any time from the day the constitution was reported by the select committee till its adoption-that is, from the 6th of March to the 20th of April, 1777, inclusive. In the second or right hand column are placed those who are not found to have attended at all during that period, though they had been more or less in the convention before, and some of them were members of the select committee.

[blocks in formation]


Pierre Van Cortlandt, Gouverneur Morris, Gil- Lewis Morris, William Paulding, Mr. Have-
bert Drake, Lewis Graham,
Lockwood, land,.
Zebediah Mills, Jonathan Platt, Jonathan G.




William Allison, Henry Wisner, Jeremiah John Haring, Mr. Little, David Pye, Thomas
Clarke, Isaac Sherwood, Joshua H. Smith,.... 5 Outwater,....



William Smith, Thomas Tredwell, John Sloss Nathaniel Woodhull, Thomas Deering, David Hobart, Matthias Burnet Miller, Ezra L'Homme- Gelston, 3 dieu,..


[blocks in formation]

It does not appear from any entry on the journals, or from any papers now to be found, that the members elected in these two counties, (if any,) ever attended the provincial congress, or the convention, after the 30th June, 1776. Before that period, Messrs. Bancker and Lawrence were in the "provincial congress, from Richmond; and in the month of June, 1776, Messrs. Journey, Conner and Cortelyou were occasionally attending from Richmond, and Messrs. Lefferts, Polhemus and Couenhoven, from Kings.]


In Convention of the Delegates of the State of New York.


WHEREAS the legislature of this state by their act passed the sixth Pream! lø day of April last, did propose to the citizens of this state, to elect by ballot delegates to meet in convention, "for the purpose of considering the parts of the constitution of this state, respecting the number of senators and members of assembly in this state, and with power to reduce and limit the number of them as the said convention might deem proper; and also for the purpose of considering and determining the true construction of the twenty-third article of the constitution of this state relative to the right of nomination to office;"

AND WHEREAS the people of this state have elected the members of this convention for the purpose above expressed; and this convention having maturely considered the subject thus submitted to their determination, do, in the name and by the authority of the people of this state, ORDAIN, DETERMINE AND DECLARE:

I. That the number of the members of the assembly hereafter to Number of be elected, shall be one hundred, and shall never exceed one hundred members of assembly. and fifty.



II. That the legislature at their next session, shall apportion the To be ap said one hundred members of the assembly among the several coun- by the legis ties of this state, as nearly as may be, according to the number of electors which shall be found to be in each county by the census directed to be taken in the present year.

senators re

and the manner of


III. That from the first Monday in July next, the number of the Number of senators shall be permanently thirty-two, and that the present duced to 32, number of senators shall be reduced to thirty-two in the following manner, that is to say: The seats of the eleven senators composing the first class, whose time of service will expire on the first Monday in July next, shall not be filled up: and out of the second class the seats of one senator from the middle district, and of one senator from the southern district, shall be vacated by the senators of those districts belonging to that class casting lots among themselves; out of the third class the seats of two senators from the middle district, and of one senator from the eastern district, shall be vacated in the same manner; out of the fourth class the seats of one senator from the middle district, of one senator from the easterm district, and of one senator from the western district, shall be vacated in the same manner; and if any of the said classes shall neglect to cast lots, the senate shall in such case proceed to cast lots for such class or classes so neglecting. And that eight senators shall be chosen at the next election in such districts as the legislature shall direct, for the purpose of apportioning the whole number of senators amongst the four great districts of this state, as nearly as may be according to the number of electors qualified to vote for senators, which shall be found to be in each of the said districts by the census above mentioned; which eight senators so to be chosen shall form the first class.

Mode of increasing the

assembly till it arrive

to 150, and the legisla

ture to apportion senators

and assem


True con

struction of 23d article

of the con


IV. That from the first Monday in July next, and on the return of every census thereafter, the number of the assembly shall be increased at the rate of two members for every year, until the whole number shall amount to one hundred and fifty; and that upon the return of every such census, the legislature shall apportion the senators and members of the assembly amongst the great districts and counties of this state, as nearly as may be, according to the number of their respective electors: Provided, That the legislature shall not be prohibited by anything herein contained, from allowing one member of assembly to each county, heretofore erected within this state.

V. And this convention do further, in the name and by the authority of the people of this state, ORDAIN, DETERMINE AND stitution de- DECLARE, That by the true construction of the twenty-third article of the constitution of this state, the right to nominate all officers other than those who by the constitution are directed to be otherwise appointed, is vested concurrently in the person administering the government of this state for the time being, and in each of the members of the council of appointment. By order,






President of the Convention and Delegate from Orange County.



WE, the people of the State of New York, acknowledging with gratitude the grace and beneficence of God, in permitting us to make choice of our form of government, do establish this constitution.


SEC. I. The legislative power of this state shall be vested in a senate and an assembly.

SEC. II. The senate shall consist of thirty-two members. The senators shall be chosen for four years, and shall be freeholders. Assembly. The assembly shall consist of one hundred and twenty-eight members, who shall be annually elected.

each house.


Quorum. SEC. III. A majority of each house shall constitute a quorum to Powers of do business. Each house shall determine 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 lieutenantgovernor shall not attend as president, or shall act as governor. 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.

Journals to be kept, &c.

Senatorial districts.

No. 1.

SEC. V. The state shall be divided into eight districts, 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, No. 2. Putnam, Duchess, Rockland, Orange, Ulster and Sullivan.

The third district shall consist of the counties of Greene, Colum- No. 3. bia, Albany, Rensselaer, Schoharie and Schenectady.

The fourth district shall consist of the counties of Saratoga, No. 4. Montgomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin and St. Lawrence.

. The fifth district shall consist of the counties of Herkimer, No. 5. Oneida, Madison, Oswego, Lewis and Jefferson.

The sixth district shall consist of the counties of Delaware, No. 6. Otsego, Chenango, Broome, Cortland, Tompkins and Tioga.

The seventh district shall consist of the counties of Onondaga, No. 7. Cayuga, Seneca and Ontario.

The eighth district shall consist of the counties of Steuben, No. 8. Livingston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus and Chautauque.

be divided

when to be

And as soon as the senate shall meet, after the first election to be Senate to held in pursuance of this constitution, they shall cause the senators into classes. to be divided by lot, into four classes, of eight in each, so that every 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 annually elected in each senate district. SEC. VI. An enumeration of the inhabitants of the state shall Census, be taken, under the direction of the legislature, in the year one taken. 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 Districts to legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers and persons of color not taxed; and shall remain unaltered, until the return of To remain another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district.

be altered.


assembly to


SEC. VII. The members of the assembly shall be chosen by Members of counties, and shall be apportioned among the several counties of be appor the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of color 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 another enumeration shall have been taken. But an apportionment 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 Each counestablished, and separately organized, shall always be entitled to to one memone member of the assembly; and no new county shall hereafter ber. be erected, unless its population shall entitle it to a member.

ty entitled

SEC. VIII. Any bill may originate in either house of the legislature; Bills. and all bills passed by one house, may be amended by the other.

« ZurückWeiter »