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be elected

SEC. XV. All officers heretofore elective by the people, shall officers to continue to be elected; and all other officers, whose appointment or appointis 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.

ed.

offices.

SEC. XVI. Where the duration of any office is not prescribed by Duration of 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.

the trial of

rors.

SEC. I. The court for the trial of impeachments and the correc- Court for tion of errors, shall consist of the president of the senate, the impeach senators, the chancellor, and the justices of the supreme court, or ments and the major part of them; but when an impeachment shall be tion of erprosecuted 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.

impeach

in the

SEC. II. The assembly shall have the power of impeaching all Power of civil officers of this state for mal and corrupt conduct in office, and ment vested for high crimes and misdemeanors: but a majority of all the mem-assembly. bers 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 honor, trust or profit, under this state; but the party convicted shall be liable to indictment, and punishment according to law.

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SEC. III. The chancellor and justices of the supreme court shall Chancellor, hold their offices during good behavior, or until they shall attain the age of sixty years.

court.

SEC. IV. The supreme court shall consist of a chief justice and Supreme two justices, any of whom may hold the court.

judges.

SEC. V. The state shall be divided, by law, into a convenient Circuit 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 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.

Judges of county

SEC. VI. Judges of the county courts and recorders of cities, courts, &c. 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.

Chancellors and judges to hold no

SEC. VII. Neither the chancellor nor justices of the supreme court, nor any circuit judge, shall hold any other office or public trust. All other office. 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.

Oath of

office pre

scribed.

No person

to be dis

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.

ARTICLE SEVENTH.

SEC. I. No member of this state shall be disfranchised, or deprived franchised. of any of the rights or privileges secured to any citizen thereof, unless 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 courts. 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 authorized to establish.

10 Wend. 449.

Free enjoy

ligious wor

SEC. III. The free exercise and enjoyment of religious profession ment of rer. and worship, without discrimination or preference, shall forever be ship. 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 the gospel

office.

SEC. IV. AND WHEREAS the ministers of the gospel are, by their to hold no 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 pretense or description whatever, be eligible to, or capable of holding, any civil or military office or place within this state.

Militia to be armed and

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

beas corpus.

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

ings in

SEC. VII. No person shall be held to answer for a capital or other- Proceedwise infamous crime, (except in cases of impeachment; and in cases criminal of the militia, when in actual service, and the land and naval forces cases. 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 & Wend, 85; person shall be subject, for the same offense, 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 Property be taken for public use, without just compensation.

8

10 do, 449.

secured.

speech and

secured.

SEC. VIII. Every citizen may freely speak, write and publish his Freedom of sentiments, on all subjects, being responsible for the abuse of that of the press 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 libelous, 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.

bills.

school fund.

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 the public moneys 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 Rates of toll 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 Atlantic ocean, which now are, or hereafter shall be made and completed: and the said tolls, together with Laws 1819, the duties on the manufacture of all salt, as established by the act sec. 7, p. 304, of the fifteenth of April, one thousand eight hundred and seven- and seo. 5. teen;1 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, Laws 1820, established by the act of the legislature of the thirtieth of March, sec. 2, p. 99. one thousand eight hundred and twenty, in lieu of the tax upon steamboat passengers; shall be and remain inviolably appropriated and applied to the completion of such navigable communications,

1 Amended. See amendments, Nos. III. and V.

chap. 262,

chap. 117,

Rates of

to be redu

ced till

canal debt is

paid.

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. And neither the rates of toil, &c., not 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 lieu of the tax upon steamboat 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 Salt springs 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 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.

never to be

solu.

Lotteries

prohibited.

Purchases of lands from Indians.

common

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 authority, and with the consent of the legislature.

Parts of the SEC. XIII. Such parts of the common law, and of the acts of the Jaw and acts legislature of the colony of New York, as together did form the law of the color of the said colony on the nineteenth day of April, one thousand ture, &c. de- seven hundred and seventy-five, and the resolutions of the congress

nial legisla

clared law.

Certain

grants of

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 fands made of Great Britain, or persons acting under his authority, after the fourby the king teenth day of October, one thousand seven hundred and seventy-five, Britain de shall be null and void: but nothing contained in this constitution Certain shall affect any grants of land within 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 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 or justice.

of Great

clared void

rights not affected.

Provisions

for future amend

ARTICLE EIGHTH.

SEC. I. Any amendment or amendments to this constitution may be proposed in the senate or assembly, and if the same shall be

this consti

agreed to by a majority of the members elected to each of the two ments to houses, such proposed amendment or amendments shall be entered tution. 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.

ARTICLE NINTH.

stitution

SEC. I. This constitution shall be in force from the last day of When conDecember, in the year one thousand eight hundred and twenty-two. takes effect 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 authorizing lotteries; the prohibition against appropriating the public moneys, 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 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 hundred and twenty-two; but they shall not enter on the duties of their offices before the first day of January then next following. The commissions of all persons holding civil offices on the last day when preof December, one thousand eight hundred and twenty-two, shall com expire on that day; but the officers then in commission may respec- expire. tively continue to hold their said offices until new appointments, or elections, shall take place under this constitution.

missions

laws.

SEC. II. The existing laws relative to the manner of notifying, Election 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.

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