« ForrigeFortsett »
the year one thousand eight hundred and thirty, and annually thereafter, immediately after the choice of representatives, the electors qualified by law to vote in the choice of such representatives, shall be called upon, by the presiding officer in such meeting, in the several towns within their districts respectively, to bring in their ballots for such person or number of persons to be senator or senators for such districts in the next General Assembly, as shall by law be allowed to such districts respectively; which person or persons, at the time of holding such meetings, shall belong to and raside in the respective districts in which they shall be so balloted for as aforesaid. And each elector present at such meeting, qualified as aforesaid, may thereupon bring in his ballot or suffrage for such person or persons as he shall choose to be senators for such district, not exceeding the number by law allowed to the same, with the name or names of such person or persons, fairly written* on one piece of paper. And the votes so given in shall be received, counted, canvassed and declared, in the same manner now provided by the Constitution for the choice of senators. The person or persons (not exceeding the number by law allowed to the districts in which such votes shall be given in,) having the highest number of votes, shall be declared to be duly elected for such districts. But in the event of an equality of votes between two or more of the persons so voted for, the House of Representatives shall in the manner provided for by the Constitution, designate which of such person or persons shall be declared to be duly elected.
ARTICLE IV.--Adopted November, 1831. There shall annually be chosen and appointed a LieutenantGovernor, a Treasurer, and Secretary, in the same manner as is provided in the second section of the fourth article of the Constitu. tion of this State for the choice and appointment of a Governor.
ARTICLE V.-Adopted November, 1836. A Comptroller of public accounts, shall be annually chosen by the electors, in their meeting in April, and in the same manner as the Treasurer and Secretary are chosen; and the votes for Comptroller shall be returned to, and counted, canvassed, and declared by the Treasurer and Secretary.
ARTICLE VI.--Adopted November, 1836. The electors in the respective towns, on the first Monday of April in each year, may vote for Governor, Lieutenant-Governor, Treasurer, Secretary, senators and representatives in the General Assembly, successively, or for any number of said officers at the same time. And the General Assembly shall have power to enact laws, regulating and prescribing the order and manner of voting for said officers; and also providing for the election of representatives, at some time subsequent to the first Monday of April, in all cases when it shall so happen that the electors in any town shall fail, on that day, to elect the representative or representatives to which such town shall be by law entitled.
Provided, that in all elections of officers of the State, or members of the General Assembly, the votes of the electors shall be by ballot, either written or printed.
The first settlement of this State was made by the Dutch, in 1614, on Man. hattan Island. They established a colonial government in 1629, under the name of New Netherlands. In 1664, Charles II. granted to his brother, the Duke of York, afterwards James II., a patent of a tract of country, comprising the present States of New York and New Jersey. The same year Col. Nichols, with a large force, took the country by conquest, for the Duke of York, and gave it the name of " New York.” În 1673, the territory was recaptured by the Dutch; but after a few months was restored by a treaty, and the Duke of York took out a new patent. The first legislative body of this province assembled in Oct. 1683. In 1693 Episcopacy was made the established religion of this province.
New York bore a very important part both in the French and Revolutionary wars. As it is the most populous State in the union, and has the largest legislation in Congress, it has received the appellation of the Empire State. The first Constitution was adopted in 1777, the second in 1822. (See Appendix.) The present one was adopted Nov. 3d, 1846. Area 46,000 sq. m. Population, 1845, 2,603,980.
The city of New York is the largest in the United States. Its population in 1845 was 371,223, which, with Brooklyn and Williamsburg (places contiguous), make a population of more than 450,000. The city and county have the same limits, embracing the island of Manhattan. It is about 14 miles long, and its average width 14 miles. The British had possession of this city during most of the Revolution. They evacuated it Nov. 25, 1783, when Gen. Washington with his troops marched in. Here the first Congress assembled in 1789, and here was Gen. Washington inaugurated as the first President of the United States of America, April 30, 1789. The house where the first Congress assembled occupied the place where the Custom House now stands.
The chair in which Washington was inaugurated, and those occupied by the members of the first Congress, may now be seen in the Common Council Room of this City.
CONSTITUTION. We the People of the State of New York, grateful to Almighty God for our freedom : in order to secure its blessings, do establish this Constitution.
ARTICLE I. Sec. 1. No member of this State shall be disfranchised, or deprived 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.
2. The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; 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.
4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.
5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishment be inflicted, nor shall witnesses be unreasonably detained. 6. No
person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of militia, when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace; and in cases of petit larceny, under the regulation of the Legislature,) unless on presentment or indictment of a grand jury; and in
any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; 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 be taken for public use without just compensation.
7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a Court of Record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damages to be sustained by the opening there