Constitution of New York - 1777
IN CONVENTION OF THE REPRESENTATIVES
OF THE STATE OF NEW YORK,
Kingston, 20th April, 1777.
Whereas the many tyrannical and oppressive usurpations of the King
and Parliament of Great Britain on the rights and liberties of the
people of the American colonies had reduced them to the necessity of
introducing a government by congresses and committees, as temporary
expedients, and to exist no longer than the grievances of the people
should remain without redress; And whereas the congress of the
colony of New York did, on the thirty-first day of May now last
past, resolve as follows, viz:
" Whereas the present government of this colony, by congress and
committees, was instituted while the former government, under the
Crown of Great Britain, existed in full force, and was established
for the sole purpose of opposing the usurpation of the British
Parliament, and was intended to expire on a reconciliation with
Great Britain, which it was then apprehended would soon take place,
but is now considered as remote and uncertain;
"And whereas many and great inconveniences attend the said mode of
government by congress and committees, as of necessity, in many
instances, legislative, judicial, and executive powers have been
vested therein, especially since the dissolution of the former
government by the abdication of the late governor and the exclusion
of this colony from the protection of the King of Great Britain;
"And whereas the Continental Congress did resolve as followeth, to
wit:
"' Whereas His Britannic Majesty, in conjunction with the lords and
commons of Great Britain, has, by a late act of Parliament, excluded
the inhabitants of these united colonies from the protection of his
Crown; and whereas no answers whatever to the humble petition of the
colonies for redress of grievances and reconciliation with Great
Britain has been, or is likely to be, given, but the whole force of
that kingdom, aided by foreign mercenaries, is to be exerted for the
destruction of the good people of these colonies; and whereas it
appears absolutely irreconcilable to reason and good conscience for
the people of these colonies now to take the oaths and affirmations
necessary for the support of any government under the Crown of Great
Britain, and it is necessary that the exercise of every kind of
authority under the said Crown should be totally suppressed, and all
the powers of government exerted under the authority of the people
of the colonies for the preservation of internal peace, virtue, and
good order, as well as for the defense of our lives, liberties, and
properties, against the hostile invasions and cruel depredations of
our enemies: Therefore,
" ' Resolved, That it be recommended to the respective assemblies
and conventions of the united colonies, where no government
sufficient to the exigencies of their affairs has been hitherto
established, to adopt such government as shall, in the opinion of
the representatives of the people, best conduce to the happiness and
safety of their constituents in particular, and America in general.'
"And whereas doubts have arisen whether this congress are invested
with sufficient power and authority to deliberate and determine on
so important a subject as the necessity of erecting and constituting
a new form of government and internal police, to the exclusion of
all foreign jurisdiction, dominion, and control whatever; and
whereas it appertains of right solely to the people of this colony
to determine the said doubts: Therefore,
" Resolved, That it be recommended to the electors in the several
counties in this colony, by election, in the manner and form
prescribed for the election of the present congress, either to
authorize ( in addition to the powers vested in this congress) their
present deputies, or others in the stead of their present deputies,
or either of them, to take into consideration the necessity and
propriety of instituting such new government as in and by the said
resolution of the Continental Congress is described and recommended;
and if the majority of the counties, by their deputies in provincial
congress, shall be of opinion that such new government ought to be
instituted and established, then to institute and establish such a
government as they shall deem best calculated to secure the rights,
liberties, and happiness of the good people of this colony; and to
continue in force until a future peace with Great Britain shall
render the same unnecessary; and
" Resolved, That the said elections in the several counties ought to
be had on such day, and at such place or places, as by the committee
of each county respectively shall be determined. And it is
recommended to the said committees to fix such early days for the
said elections as that all the deputies to be elected have
sufficient time to repair to the city of New York by the second
Monday in July next; on which day all the said deputies ought
punctually to give their attendance.
" And whereas the object of the aforegoing resolutions is of the
utmost importance to the good people of this colony:
" Resolved, That it be, and it is hereby, earnestly recommended to
the committees, freeholders, and other electors in the different
counties in this colony diligently to carry the same into
execution."
And whereas the good people of the said colony, in pursuance of the
said resolution, and reposing special trust and confidence in the
members of this convention, have appointed, authorized, and
empowered them for the purposes, and in the manner, and with the
powers in and by the said resolve specified, declared, and
mentioned.
And whereas the Delegates of the United American States, in general
Congress convened, did, on the fourth day of July now last past.,
solemnly publish and declare, in the words following, viz:
" When, in the course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them
with another, and to assume among the powers of the earth the
separate and equal station to which the laws of nature and of
nature's God entitle them, a decent respect to the opinions of
mankind requires that they should declare the causes which impel
them to the separation.
" We hold these truths to be self-evident, that all men are created
equal; that they are endowed by their Creator with certain
unalienable rights; that among these are, life, liberty, and the
pursuit of happiness; that to, secure these rights, governments are
instituted among men, deriving their just powers from the consent of
the governed; that whenever any form of government becomes
destructive of these ends, it is the right of the people to alter or
to abolish it, and to institute new government, laying its
foundation on such principles, and organizing its powers in such
form, as to them shall seem most likely to effect their safety and
happiness. Prudence, indeed, will dictate that governments long
established should not be changed for light and transient causes,
and accordingly all experience hath shown that mankind are more
disposed to suffer, while evils are sufferable, than to right
themselves by abolishing the forms to which they are accustomed. But
when a long train of abuses and usurpations, pursuing invariably the
same object, evinces a design to reduce them under absolute
despotism, it is their right, it is their duty, to throw off such
government, and to provide new guards, for their future security.
Such has been the patient sufferance of these colonies; and such is
now the necessity which constrains them to alter their former system
of government. The history of the present King of Great Britain is a
history of repeated injuries and usurpations, all having in direct
object the establishment of an absolute tyranny over these States.
To prove this, let facts be submitted to a candid world.
" He has refused his assent to laws, the most wholesome and
necessary for the public good.
" He has forbidden his governors to pass laws of immediate and
pressing importance, unless suspended in their operation till his
assent should be obtained; and when so suspended, lie has utterly
neglected to attend to them.
" He has refused to pass other laws for the accommodation of large
districts of people, unless those people would relinquish the right
of representation in the legislature; a right inestimable to them,
and formidable to tyrants only.
" He has called together legislative bodies at places unusual,
uncomfortable, and distant from the depository of their public
records, for the sole purpose of fatiguing them into compliance with
his measures.
" He has dissolved representative houses repeatedly, for opposing
with manly firmness his invasions on the rights of the people.
" He has refused for a long time, after such dissolutions, to cause
others to be elected, whereby the legislative powers, incapable of
annihilation, have returned to the people at large, for their
exercise; the State remaining in the mean time exposed to all the
dangers of invasion from without, and convulsions within.
"He has endeavored to prevent the population of these States; for
that purpose obstructing the laws for naturalization of foreigners,
refusing to pass others to encourage their migrations hither, and
raising the conditions of new appropriations of lands.
"He has obstructed the administration of justice, by refusing his
assent to laws for establishing judiciary powers.
"He has made judges dependent on his will alone, for the tenure of
their offices, and the amount of the payment of their salaries.
"He has erected a multitude of new offices, and sent hither swarms
of officers to harass our people and eat out their substance.
" He has kept among us, in times of peace, standing armies, without
the consent of our legislatures.
"He has affected to render the military independent of, and superior
to, the civil power.
" He has combined with others to subject us to a jurisdiction
foreign to our constitution, and unacknowledged by our laws; giving
his assent to their acts of pretended legislation:
" For quartering large bodies of troops among us:
" For protecting them, by a mock trial, from punishment for any
murders they should commit on the inhabitants of these States:
"For cutting off our trade with all parts of the world:
"For imposing taxes on us without our consent:
"For depriving us, in many cases, of the benefits of trial by jury:
"For transporting us beyond seas, to be tried for pretended
offences:
" For abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and
enlarging its boundaries, so as to render it at once an example and
fit instrument for introducing the same absolute rule into these
colonies:
"For taking away our charters, abolishing our most valuable laws,
and altering fundamentally the forms of our governments:
" For suspending our own legislatures, and declaring themselves
invested with power to legislate for us in all cases whatsoever.
" He has abdicated government here, by declaring us out of his
protection, and waging war against us.
" He has plundered our seas, ravaged our coasts, burnt our towns,
and destroyed the lives of our people.
" He is at this time transporting large armies of foreign
mercenaries to complete the work of death, desolation, and tyranny,
already begun with circumstances of cruelty and perfidy scarcely
paralleled in the most barbarous ages, and totally unworthy the head
of a civilized nation.
" He has constrained our fellow-citizens, taken captive on the high
seas, to bear arms against their country, to become the executioners
of their friends and brethren, or to fall themselves by their hands.
" He has excited domestic insurrections amongst us, and has
endeavored to bring on the inhabitants of our frontiers the
merciless Indian savages, whose known rule of warfare is an
undistinguished destruction of all ages, sexes and conditions.
" In every stage of these oppressions, we have petitioned for
redress in the most humble terms. Our repeated petitions have been
answered only by repeated injury. A prince whose character is thus
marked by every act which may define a tyrant, is unfit to be the
ruler of a free people.
" Nor have we been wanting in attentions to our British brethren. We
have warned them from time to time of attempts by their legislature
to extend an unwarrantable jurisdiction over us. We have reminded
them of the circumstances of our emigration and settlement here. We
have appealed to their native justice and magnanimity, and we have
conjured them by the ties of our common kindred to disavow these
usurpations, which would inevitably interrupt our connection and
correspondence. They too have been deaf to the voice of justice and
of consanguinity. We must therefore acquiesce in the necessity which
denounces our separation, and hold them as we hold the rest of
mankind, enemies in war; in peace, friends.
" We, therefore, the Representatives of the United States of
America, in general Congress assembled, appealing to the Supreme
Judge of the world for the rectitude of our intentions, do, in the
name and by the authority of the good people of these colonies,
solemnly publish and declare, That these united colonies are, and of
right ought, to be, free and independent States; that they are
absolved from all allegiance to the British Crown, and that all
political connection between them and the State of Great Britain is,
and ought to be, totally dissolved; and that as free and independent
States they have full power to levy war, conclude peace, contract
alliances, establish commerce, and to do all other acts and things
which independent States may of right do. And for the support of
this declaration, with a firm reliance on the protection of Divine
Providence, we mutually pledge to each other our lives, our
fortunes, and our sacred honor."
And whereas this convention, having taken this declaration into
their most serious consideration, did, on the ninth day of July last
past, unanimously resolve that the reasons assigned *by the
Continental Congress for declaring the united colonies free and
independent States are cogent and conclusive; and that while we
lament the cruel necessity which has rendered that measure
unavoidable, we approve the same, and will, at the risk of our lives
and fortunes, join with the other colonies in supporting it.
By virtue of which several acts, declarations, and proceedings
mentioned and contained in the afore-cited resolves or resolutions
of the general Congress of the United American States, and of the
congresses or conventions of this State, all power whatever therein
hath reverted to the people thereof, and this convention hath by
their suffrages and free choice been appointed, and among other
things authorized to institute and establish such a government as
they shall deem best calculated to secure the rights and liberties
of the good people of this State, most conducive of the happiness
and safety of their constituents in particular, and of America in
general.
I. This convention, therefore in the name and by the authority of
the good people of this State, doth ordain, determine, and declare
that no authority shall, on any pretence whatever, be exercised over
the people or members of this State but such as shall be derived
from and granted by them.
II. This convention doth further, in the name and by the authority
of the good people of this State, ordain, determine, and declare
that the supreme legislative power within this State shall be vested
in two separate and distinct bodies of men; the one to be called the
assembly of the State of New York, the other to be called the senate
of the State of New York; who together shall form the legislature,
and meet once at least in every year for the despatch of business.
III. And whereas laws inconsistent with the spirit of this
constitution, or with the public good, may be hastily and
unadvisedly passed: Be it ordained, that the governor for the time
being, the chancellor, and the judges of the supreme court, or any
two of them, together with the governor, shall be, and hereby are,
constituted a council to revise all bills about to be passed into
laws by the legislature; and for that purpose shall assemble
themselves from time to time, when the legislature shall be
convened; for which, nevertheless, they shall not receive any salary
or consideration, under any pretence whatever. And that all bills
which have passed the senate and assembly shall, before they become
laws, be presented to the said council for their revisal and
consideration; and if, upon such revision and consideration, it
should appear improper to the said council, or a majority of them,
that the said bill should become a law of this State, that they
return the same, together with their objections thereto in writing,
to the senate or house of assembly (in which soever the same shall
have originated) who shall enter the objection sent down by the
council at large in their minutes, and proceed to reconsider the
said bill. But if, after such reconsideration, two-thirds of the
said senate or house of assembly shall, notwithstanding the said
objections, agree to pass the same, it shall, together with the
objections, be sent to the other branch of the legislature, where it
shall also be reconsidered, and, if approved by two-thirds of the
members present, shall be a law.
And in order to prevent any unnecessary delays, be it further
ordained, that if any bill shall not be returned by the council
within ten days after it shall have been presented, the same shall
be a law, unless the legislature shall, by their adjournment, render
a return of the said bill within ten days impracticable; in which
case the bill shall be returned on the first day of the meeting of
the legislature after the expiration of the said ten days.
IV. That the assembly shall consist of at least seventy members, to
be annually chosen in the several counties, in the proportions
following, viz:
For the city and county of New York, nine.
The city and county of Albany, ten.
The county of Dutchess, seven.
The county of Westchester-six.
The county of Ulster, six.
The county of Suffolk, five.
The county of Queens, four.
The county of Orange, four.
The county of Kings, two.
The county of Richmond, two.
Tyron County, six.
Charlotte County, four.
Cumberland County, three.
Gloucester County, two.
V. That as soon after the expiration of seven years (subsequent to
the termination of the present war) as may be a census of the
electors and inhabitants in this State be taken, under the direction
of the legislature. And if, on such census, it shall appear that the
number of representatives in assembly from the, said counties is not
justly proportioned to the number of electors in the said counties
respectively, that the legislature do adjust and apportion the same
by that rule. And further, that once in ever seven years, after the
taking of the said first census, a just account of the electors
resident in each county shall be taken, and if it shall thereupon
appear that the number of electors in any county shall have
increased or diminished one. or more seventieth parts of the whole
number of electors, which, on the said first census, shall be found
in this State, the number of representatives for such county shall
be increased or diminished accordingly, that is to say, one
representative for every seventieth part as aforesaid.
VI. And whereas an opinion hath long prevailed among divers of the
good people of this State that voting at elections by ballot would
tend more to preserve the liberty and equal freedom of the people
than voting viva voce: To the end, therefore, that a fair experiment
be made, which of those two methods of voting is to be preferred —
Be it ordained, That as soon as may be after the termination of the
present war between the United States of America and Great Britain,
an act or acts be passed by the legislature of this State for
causing all elections thereafter to be held in this State for
senators and representatives in assembly to be by ballot, and
directing the manner in which the same shall be conducted. And
whereas it is possible that, after all the care of the legislature
in framing the said act or acts, certain inconveniences and
mischiefs, unforseen at this day, may be found to attend the said
mode of electing by ballot :
It is further ordained, That if, after a full and fair experiment
shall be made of voting by ballot aforesaid, the same shall be found
less conducive to the safety or interest of the State than the
method of voting viva voce, it shall be lawful and constitutional
for the legislature to abolish the same, provided two-thirds of the
members present in each house, respectively, shall concur therein.
And further, that, during the continuance of the present war, and
until the legislature of this State shall provide for the election
of senators and representatives in assembly by ballot, the said
election shall be made viva voce.
VII. That, every male inhabitant of full age, who shall have
personally resided within one of the counties of this State for six
months immediately preceding the day of election, shall, at such
election, be entitled to vote for representatives of the said county
in assembly; if, during the time aforesaid, he shall have been a
freeholder, possessing a freehold of the value of twenty pounds,
within the said county, or have rented a tenement therein of the
yearly value of forty shillings, and been rated and actually paid
taxes to this State: Provided always, That every person who now is a
freeman of the city of Albany, or who was made a freeman of the city
of New York on or before the fourteenth day of October, in the year
of our Lord one thousand seven hundred and seventy-five, and shall
be actually and usually resident in the said cities, respectively,
shall be entitled to vote for representatives in assembly within his
said place of residence.
VIII. That every elector, before he is admitted to vote, shall, if
required by the returning-officer or either of the inspectors, take
an oath, or, if of the people called Quakers, an affirmation, of
allegiance to the State.
IX. That the assembly, thus constituted, shall choose their own
speaker, be judges of their own members, and enjoy the same
privileges, and proceed in doing business in like manner as the
assemblies of the colony of New York of right formerly did; and that
a majority of the said members shall, from time to time, constitute
a house, to proceed upon business.
X. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare, that the senate of the State of New York shall consist of
twenty-four freeholders to be chosen out of the body of the
freeholders; and that they be chosen by the freeholders of this
State, possessed of freeholders of the value of one hundred Pounds,
over and above all debts charged thereon.
XI. That the members of the senate be elected for four years; and,
immediately after the first election, they be divided by lot into
four classes, six in each class, and numbered one, two, three, and
four; that the seats of the members of the first class shall be
vacated at the expiration of the first year, the second class the
second year, and so on continually; to the end that the fourth part
of the senate, as nearly as possible, may be annually chosen.
XII. That the election of senators shall be so much of this State as
is now parcelled into counties be divided into four great districts;
the southern district to comprehend the city and county of New
York,. Suffolk, Westchester, Kings, Queens, and Richmond Counties;
the middle district to comprehend the counties of Dutchess, Ulster,
and Orange; the western district, the city and county of Albany, and
Tryon County; and the eastern district, the counties of Charlotte,
Cumberland, and Gloucester. That the senators shall be elected by
the freeholders of the said districts qualified as aforesaid, in the
proportions following, to wit:: in the southern district, nine; in
the middle district, six; in the western district, six; and in the
eastern district, three.. And be it ordained, that a census shall be
taken, as soon as may be after the expiration of seven years from
the termination of the present war, under the direction of the
legislature; and if, on such census, it shall appear that the number
of senators is not justly proportioned to the several districts,
that the legislature adjust the proportion, as near as may be, to
the number of freeholders, qualified as aforesaid, in each district.
That when the number of electors, within any of the said districts,
shall have increased one twenty-fourth part of the whole number of
electors, which, by the said census' shall be found to be in this
State, an additional senator shall be chosen by the electors of such
district. That a majority of the number of senators to be chosen
aforesaid shall be necessary to constitute a, senate sufficient to
proceed upon business; and that the senate shall, in like manner
with the assembly, be the judges of its own members. And be it
ordained, that it, shall be in the power of the future legislatures
of this State for the convenience and advantage of the good people
thereof, to divide the same into such further and other counties and
districts as shall to them appear necessary.
XIII. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare, that no member of this State shall be disfranchised, or
deprived of any the rights or privileges secured to the subjects of
this State by this constitution, unless by the law of the land, or
the judgment of his peers.
XIV. That neither the assembly or the senate shall have the power to
adjourn themselves, for any longer time than two days, without the
mutual consent of both.
XV. That whenever the assembly and senate disagree, a conference
shall be held, in the preference of both, and be managed by
committees, to be by them respectively chosen by ballot. That the
doors of both of the senate and assembly, shall at all times be kept
open to all persons, except when the welfare of the State shall
require their debates to be kept secret. And the journals of all
their proceedings shall be kept in the manner heretofore accustomed
by the general assembly of the colony of New York; and except such
parts as they shall, as aforesaid, respectively determine not to
make public be from day to day (if the business of the legislature
will permit) published.
XVI. It is nevertheless provided, that the number of senators shall
never exceed one hundred, nor the number of the assembly three
hundred; but that whenever the number of senators shall amount to
one, hundred, or of the assembly to three hundred, then and in such
case the legislature shall, from 'time to time thereafter, by laws
for that purpose, apportion and distribute the said one hundred
senators and three hundred representatives among the great districts
and counties of this State, in proportion to the number of their
respective electors; so that the representation of the good people
of this State, both in the senate and assembly, shall forever remain
proportionate and adequate.
XVII. And this convention doth further, in the name and by the
authority of the good people of this State, ordain determine, and
declare that the supreme executive power and authority of this State
shall be vested in a governor; and that statedly, once in every
three years, and as often as the seat of government shall become
vacant, a wise and descreet freeholder of this State shall be, by
ballot, elected governor, by the freeholders of this State,
qualified, as before described, to elect senators; which elections
shall be always held at the times and places of choosing
representatives in assembly for each respective county; and that the
person who hath the greatest number of votes within the said State
shall be governor thereof.
XVIII. That the governor shall continue in office three years, and
shall, by virtue of his office, be general and commander-in-Chief of
all the militia, and admiral of the navy of this State; that he
shall have power to convene the assembly and senate on extraordinary
occasions; to prorogue them, from time to time, provided such
prorogations shall not exceed sixty days in the space of any one
year; and, at his discretion, to grant reprieves and pardons to
persons convicted of crimes, other than treason or murder, in which
he may suspend the execution of the sentence, until it shall be
reported to the legislature at their subsequent meeting; and they
shall either pardon or direct the execution of the criminal, or
grant a further reprieve.
XIX. That it shall be the duty of the governor to inform the
legislature, at every session, of the condition of the State, so far
as may respect his department; to recommend such matters to their
consideration as shall appear to him to concern its good government,
welfare, and prosperity; to correspond with the Continental
Congress, and other States; to transact all necessary business with
the officers of government, civil and military; to take care that
the laws are faithfully executed to the best of his ability; and to
expedite all such measures as may be resolved upon by the
legislature.
XX. That a lieutenant-governor shall, at every election of a
governor, and as often as the lieutenant-governor shall die, resign,
or be removed from office, be elected in the same manner with the
governor, to continue in office until the next election of a
governor; and such lieutenant-governor shall, by virtue of his
office, be president of the senate, and, upon an equal division,
have a casting voice in their decisions, but not vote on any other
occasion. And in case of the impeachment of the governor, or his
removal from office, death, resignation, or absence from the State,
the lieutenant-governor shall exercise all the power and authority
appertaining to the office of governor until another be chosen, or
the governor absent or impeached shall return or be acquitted:
Provided, That where 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, lie shall still continue in his command of
all the military force of this State both by sea and land.
XXI. That whenever the government shall be administered by the
lieutenant-governor, or he shall be unable to attend as president of
the senate, the senators shall have to elect one of their own
members to the office of president of the senate, which he shall
exercise pro hac vice. And if, during such vacancy of the office of
governor, the lieutenant-governor shall be impeached, displaced,
resign, die, or be absent from the State, the president of the
senate shall, in like manner as the lieutenant-governor, administer
the government, until others shall be elected by the suffrage of the
people, at the succeeding election.
XXII. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare, that the treasurer of this State shall be appointed by act
of the legislature, to originate with the assembly: Provided, that
he shall not be elected out of either branch of the legislature.
XXIII. That all officers, other than those who, by this
constitution, are directed to be otherwise appointed, shall be
appointed in the manner following, to wit: The assembly shall, once
in every year, openly nominate and appoint one of the senators from
each great district, which senators shall form a council for the
appointment of the said officers, of which the governor for the time
being, or the lieutenant-governor, or the president of the senate,
when they shall respectively administer the government, shall be
president and have a casting voice, but no other vote; and with the
advice and consent of the said council, shall appoint all the said
officers; and that a majority of the said council be a quorum. And
further, the said senators shall not be eligible to the said council
for two years successively.
XXIV. That all military officers be appointed during pleasure; that
all commissioned officers, civil and military, be commissioned by
the governor; and that the chancellor, the judges of the supreme
court, and first judge of the county court in every county, hold
their offices during good behavior or until they shall have
respectively attained the age of sixty years.
XXV. That the chancellor and judges of the supreme court shall not,
at the same time, hold any other office, excepting that of Delegate
to the general Congress, upon special occasions; and that the first
judges of the county courts, in the several counties, shall not, at
the same time, hold any other office, excepting that of Senator or
Delegate to the general Congress. But if the chancellor, or either
of the said judges, be elected or appointed to any other office,
excepting as is before excepted, it shall be at his option in which
to serve.
XXVI. That sheriffs and coroners be annually appointed; and that no
person shall be capable of holding either of the said offices more
than four years successively; nor the sheriff of holding any other
office at the same time.
XXVII. And be it further ordained, That the register and clerks in
chancery be appointed by the chancellor; the clerics of the supreme
court, by the judges of the said court; the clerk of the court
probate, by the judge of the said court; and the register and
marshal of the court of admiralty, by the judge of the admiralty.
The said marshal, registers, and clerks to continue in office during
the pleasure of those by whom they are appointed as aforesaid. And
that all attorneys, solicitors, and counsellors at law hereafter to
be appointed, be appointed by the court, and licensed by the first
judge of the court in which they shall respectively plead or
practise, and be regulated by the rules and orders of the said
courts.
XXVIII. And be it further ordained, That where, by this convention,
the duration of any office shall not be ascertained, such office
shall be construed to be held during the pleasure of the council of
appointment: Provided, That new commissions shall be issued to
judges of the county courts (other than to the first judge) and to
justices of the peace, once at the least in every three years.
XXIX. That town clerks, supervisors, assessors, constables, and
collectors, and all other officers, heretofore eligible by the
people, shall always continue to be so eligible, in the manner
directed by the present or future acts of legislature. That loan
officers, county treasurers, and clerks of the supervisors, continue
to be appointed in the manner directed by the present or future acts
of the legislature.
XXX. That Delegates to represent this State in the general Congress
of the United States of America be annually appointed as follows, to
wit: The senate and assembly shall each openly nominate as many
persons as shall be equal to the whole number of Delegates to be
appointed; after which nomination they shall meet together, and,
those persons named in both lists shall be Delegates; and out of
those persons whose names are not on both lists, one-half shall be
chosen by the joint ballot of the senators and members of assembly
so met together as aforesaid.
XXXI. That the style of all laws shall be as follows, to wit: "Be it
enacted by the people of the State of New York, represented in
senate and assembly " and that all writs and other proceedings shall
run in the name " The people of the State of New York," and be
tested in the name of the chancellor, or chief judge of the court
from whence they shall issue.
XXXII. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare,, that a court shall be instituted for the trial of
impeachments, and the correction of errors, under the regulations
which shall be established by the legislature; and to consist of the
president of the senate, for the time being, and the senators,
chancellor, and judges of the supreme court, or the major part of
them; except that when an impeachment shall be prosecuted against
the chancellor, or either of the judges of the supreme court, the
person so impeached shall be suspended from exercising his office
until his acquittal; and, in like manner, when an appeal from a
decree in equity shall be heard, the chancellor shall inform the
court of the reasons of his decree, but shall not have a voice in
the final sentence. And if the cause to be determined shall be
brought up by writ of error, on a question of law, on a judgment in
the supreme court, the judges of that court shall assign the reasons
of such their judgment, but shall not have a voice for its
affirmance or reversal.
XXXIII. That the power of impeaching all officers of the State, for
mal and corrupt conduct in their respective offices, be vested in
the representatives of the people in assembly; but that it shall
always be necessary that two third parts of the members present
shall consent to and agree in such impeachment. That previous to the
trial of every impeachment, the members of the said court shall
respectively be sworn truly and impartially to try and determine the
charge in question, according to evidence; and that no judgment of
the said court shall be valid unless it be assented to by two third
parts of the members then present; nor shall it extend farther than
to removal from office, and disqualification to hold or enjoy any
place of honor, trust, or profit under this State. But the party so
convicted shall be, nevertheless, liable and subject to indictment,
trial, judgment, and punishment, according to the laws of the land.
XXXIV. And it is further ordained, That in every trial on
impeachment, or indictment for crimes or misdemeanors, the party
impeached or indicted shall be allowed counsel, as in civil actions.
XXXV. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare that such parts of the common law of England, and of the
statute law of England and Great Britain, 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 19th day of April, in the year of our Lord
one thousand seven hundred and seventy-five, shall be and continue
the law of this State, subject to such alterations and provisions as
the legislature of this State shall, from time to time, make
concerning the same. That such of the said acts, as are temporary,
shall expire at the times limited for their duration, respectively.
That all such parts of the said common law, and all. such of the
said statutes and acts aforesaid, or parts thereof, as may be
construed to establish or maintain any particular denomination of
Christians or their ministers, or concern the allegiance heretofore
yielded to, and the supremacy, sovereignty, government, or
prerogatives claimed or exercised by, the King of Great Britain and
his predecessors, over the colony of New York and its inhabitants,
or are repugnant to this constitution, be, and they hereby are,
abrogated and rejected. And this convention doth further ordain,
that the resolves or resolutions of the congresses of the colony of
New York, and of the convention of the State of New York, now in
force, and not repugnant to the government established by this
constitution, shall be considered as making part of the laws of this
State; subject, nevertheless, to such alterations and provisions as
the legislature of this State may, from time to time, make
concerning the same.
XXXVI. And be it further ordained. That all grants of lands within
this State, made by the King of Great Britain, or persons acting
under his authority, after the fourteenth day of October, one
thousand seven hundred and seventy-five, shall be null and void; but
that nothing in this constitution contained shall be construed to
affect any grants of land within his State, made by the authority of
the said King or his predecessors, or to annul any charters to
bodies-politic by him or them, or any of them, made prior to that
day. And that none of the said charters shall be adjudged to be void
by reason of any non-user or misuser of any of their respective
rights or privileges between the nineteenth day of April, in the
year of our Lord one thousand seven hundred and seventy-five and the
publication of this constitution. And further, that all such of the
officers described in the said charters respectively as, by the
terms of the said charters, were to be appointed by the governor of
the colony of New York, with or without the advice and consent of
the council of the said King, in the said colony, shall henceforth
be appointed by the council established by this constitution for the
appointment of officers in this State, until otherwise directed by
the legislature.
XXXVII. And whereas it is of great importance to the safety of this
State that peace and amity with the Indians within the same be at
all times supported and maintained; and whereas the frauds too often
practised towards the said Indians, in contracts made for their
lands, have, in divers instances, been productive of dangerous
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.
XXXVIII. And whereas we are required, by the benevolent principles
of rational liberty, not only to expel civil tyranny, but 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 employment 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.
XXXIX. 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
function; 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.
XL. And whereas it is of the utmost importance to the safety of
every State that it should always be in a condition of defence; 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
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
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 legislature of this State shall, at no
time hereafter, institute any new 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.
LEONARD GANSEVOORT
President pro tempore.
AMENDMENTS TO THE CONSTITUTION OF 1777
October 27, 1801.
Whereas the legislature of this State, by their acts passed the
sixth day of April last, did propose to the citizens of this State
to elect by ballot delegated 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 subjects 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 be
elected shall be one hundred, and shall never exceed one hundred and
fifty.
II. That the legislature at their next session shall apportion the
said one hundred members of the assembly among several counties 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.
II. That from the first Monday, in July next, the number of the
senators shall be permanently thirty-two, and that the present
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 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 eastern 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.
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 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.
Attest:: A. BURR, President.
JAMES VAN INGEN,
JOSEPH CONSTANT,
Secretaries.