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NEW YORK.

Conflitution of the State of New York, established by the Conevention, authorised and empowered for that purpofe, April

20, 1777.

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HIS Convention, 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 whatfoever, be exerciled over the people or members of this State, but fuch 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 Legiflative power, within this State, shall be vefted in two feparate and diftinct bodies of men-the one to be call ed, the Affembly of the State of New-York-the other to be called, the Senate of the State of New-Yorkwho together fhall form the Legiflature, and meet once at least in every year for the dispatch of business.

III. And whereas, laws, inconfiftent with the fpirit of this Conftitution, or with the public good, may be haitily and unadvisedly paffed, 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-hall be, and hereby are, conftituted a Council, to revife all bills about to be paffed into laws by the Legislature; and for that purpofe fhall affemble themfelves from time to time, when the Legiflature thall be convened; for which, nevertheless, they fhall not receive any falary or confideration, under any pretence whatever. And that all bills, which have paffed the Senate and Af fembly, fhall, before they become laws, be prefented to the faid Council, for their revifal and confideration: and if, upon fuch revifion and confideration, it fhould appear improper to the faid Council, or a majority of them, that the faid bill fhould become a law of this

State

State, that they return the fame, together with their objections thereto in writing, to the Senate or Honfe of Affembly (in whichfoever the fame fhall have originated) who fhall enter the objections, fent down by the Council, at large in their minutes, and proceed to reconfider the faid bill. But if, after fuch reconfidera tion, two-thirds of the said Senate or House of Affembly, fhall notwithstanding the faid objections, agree to pals the fame, it fhall, together with the objectious, be fent to the other branch of the Legislature, where it fhall alfo be re-confidered, and if approved by twothirds of the members prefent, fhall be a law.

And in order to prevent any unnecellary delays, be it further ordained, that if any bill fhall not be return ed by the Council, within ten days after it shall have been prefented, the fame fhall be a law, unless the Legislature fhall, by their adjournment, render a retura of the faid bill within ten days impracticable; in which cafe, the bill fhall be returned on the first day of the meeting of the Legislature, after the expiration of the faid ten days.

IV. That the Affembly fhall confift of at least seventy members, to be annually chofen in the feveral counties, in the proportions following, viz.-For the City and County of N.York, nine TheCounty of Orange, four

Albany, ten

The County of Duchefs, feven

Welt-chefter, fix

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King's; two Richmond, two

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V. That as foon after the expiration of feven years, (fubfequent to the termination of the prefent war) as may be, a cenfus of the electors and inhabitants in this State be taken, under the direction of the Legisla ture. And if, on fuch cenfus, it fhall appear, that the number of Reprefentatives in Affembly, from the faid counties, is not july proportioned to the number of electors, in the faid counties refpectively, that the Legiflature do adjust and apportion the fame by that rule. And further, that once in every feven years, after the taking of the faid first cenfus, a juft account

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of the electors, refident in each county, fhall be taken: and if it thall thereupon appear, that the number of electors, in any county, fhall have increafed or diminished one or more feventieth parts of the whole number of electors, which, on the faid first cenfus, fhall be found in this State, the number of Reprefentatives for fuch county fhall be increafed or diminished accordingly —that is to say, one Reprefentative for every leventi eth part as aforefaid,

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 preferve the liberty and equal freedom of the people, than voting viva voce:To the end, therefore, that a fair experiment be made, which of thofe two methods of vot ing is to be preferred :

Be it ordained, that as foon as may be after the termination of the present war between the United States of America and Great Britain, an act or acts be paffed by the Legislature of this State, for caufing all elections thereafter to be held in this State, for Senators and Reprefentatives in Affembly, to be by ballot, and directing the manner, in which the fame fhall be conducted. And whereas it is poffible, that after all the care of the Legislature, in framing the faid act or acts, certain inconveniences, and mifchiefs, unfore feen at this day, may be found to attend the faid mode of electing by ballot :

It is further ordained, that if, after a full and fair experiment shall be made of voting by ballot aforefaid, the fame fhall be found lefs conducive to the fafety or in Pereft of the State, than the method of voting viva voce, it shall be lawful and conftitutional for the Legislature to abolish the fame; provided, two-thirds of the Members prefent in each Houfe refpectively, fhall concur therein: And further, that, during the continuance of the prefent war, and until the Legiflature of this State fhall provide for the election of Senators and Reprefentatives in Affembly, by ballot, the faid elections fhall be made viva vece.

That

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 chuse 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 colo ny 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 frecholders; to be chosen out of the body of the freeholders, and by the freeholders of this State, possessed of freeholds 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

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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 4th part of the Senate, as nearly as possible, may be annually chosen.

That

XII. That the election of Senators shall be after this manner: that so much of this State as is now parcelled into counties, be divided into four districts; the South. ern district to comprehend the city and county of NewYork, Suffolk, West Chester, Kings, Queens, and Richmond counties; the middle district to comprehend the counties of Duchess, Ulster, and Orange; the Western district, the city and county of Albany, and Tyron county; and the Eastern district, the counties of Charlotte, Cumberland, and Gloucester. the Senators shall be elected by the freeholders of the said districts, in the proportions following: to wit, in the Southern district, nine; in the middle district, six; in the Western district, six; 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, di 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 free holders, qualified as aforesaid, in each district

when the number of electors, within any of the Bic districts, shall have increased one twenty fourth pen d the whole number of electors, which, by the mid cen sus, shall be found to be in this State, an adchicas nator shall be chosen by the electors of suza dir That a majority of the number of Senators, to be chó sen as aforesaid, shall be necessary to constitute & Sea ate, 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 ordaineri, let it shall be in the power of the future Legislatures of this State, for the convenience and advantage of 192 good people thereof, to divide the same into such further and other counties and districts, as shall to the appear necessary.

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