. And whereas, an opinion hath long prevailed among divers of the good people of this ftate, that voting at elections by ballot, would tend more to preferve the liberty and equal free dom of the people than voting viva voce. To the end therefore, that a fair experiment be made, which of thofe two methods of voting 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 ftate, for caufing all elections thereafter to be held in this state, for fenators 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 said act or acts, certain inconveniencies and mifchiefs, unforeseen 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 fhall be made of voting by ballot aforefaid, the fame fhall be found lefs conducive to the fafety or intereft of the ftate, than the method of voting viva voce, it fhall be lawful and conftitutional for the legislature to abolish the fame; provided two thirds of the members present in each house, refpectively fhall concur therein: And further, that, during the continuance of the prefent war, and until the legiflature of this ftate fhall provide for the election of fenators and reprefentatives in affembly by ballot, the faid elections fhall be made viva voce.

7. That every male inhabitant of full age, who thall have perfonally refided within one of the counties of this ftate, for fix months immediately preceeding the day of election, shall, at fuch election, be intitled to vote for reprefentatives of the faid county in affembly; if, during the time aforefaid he fhall have been a freeholder, poffeffing a freehold of the value of twenty pounds, within the faid county, or have rented a tenement therein of the yearly value of forty fhillings, and been rated and actually paid taxes to this ftate: Provided always, that every perfon 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 feven hundred and feventy-five, and fhall be actually and ufually refident in the faid cities refpectively, fhall be entitled to vote for reprefentatives in affembly within his faid place of refidence.

8. That every elector, before he is admitted to voté, fhall,. if required by the returning officer, or either of the infpectors, take an oath, or if of the people called Quakers, an affirmation, of allegiance to the state.

9. That the affembly thus conftituted fhall choose their own fpeaker, be judges of their own members, and enjoy the fame privileges, and proceed in doing bufinefs, in like manner as the affemblies of the colony of New-York of right formerly did; and that a majority of the faid members fhall, from time to time, conftitute a houfe to proceed upon bufinefs.

10. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine and declare, that the fenate of the ftate of New-York, fhall confift of twenty-four freeholders, to be chofen out of the body of the freeholders, and that they be chofen by the freeholders of this ftate, poffeffed of freeholds of the value of one hundred pounds, over and above all debts charged thereon.

II. That the members of the fenate be elected for four years, and immediately after the first election, they be divided by lot into four claffes, fix in each clal's, and numbered one, two, three and four; that the feats of the members of the first clafs fhall be vacated at the expiration of the first year, the fecond clafs the fecond year, and fo on continually; to the end that the fourth part of the fenate, as nearly as poffible, may be annually cofen.

12. That the election of fenators fhall be after this manner; that fo much of this ftate as is now parcelled into counties, be divided into four great diftricts; the fouthern diftrict to comprehend the city and county of New-York, Suffolk, Westchester, Kings, Queens, and Richmond counties; the middle diftrict to comprehend the counties of Dutches, Ulfter and Orange; the western district, the city and county of Albany, and Tryon County; and the eastern diftrict, the counties of Charlotte, Cumberland, and Gloucefter. That the fenators fhall be elected by the freeholders of the faid difts, qualified as aforefaid, in the proportions following, to wit, in the fouthern diftrict nine, in the middle diftrict fix, in the western diftrict fix, and in the eaftern diftrict three. And be it ordained, that a cenfus fhall be taken as foon as may be, after the expiration of feven years from the termination of the prefent war, under the direction of the legiflature And if on fuch cenfus it fhall appear, that the number of fenators is not justly proportioned to the feveral diftricts, that the legislature adjust the proportion as near as may be, to the number of freeholders qualified as aforefaid, in each diftrict. That when the number of electors, within any of the faid difhall have increafed one

number of electors, which, burth part of the whole

the faid fhall be found to be in this fate, an additional fenator fhall be chofen by the electors of fuch diftrict. That a majority of the number of tenators to be chofen as aforefaid fhall be neceffary to conflitute a fenate fufficient to proceed upon bufinefs, and that the fenate hall, in like manner with the aflembly, be the judges of its

own members. And be it ordained, that it fhall be in the power of the future legislatures of this ftate, for the convenience and advantage of the good people thereof, to divide the fame into such further and otehr counties and diftricts, as fhall to them appear neceffary.

13. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine and declare, that no member of this ftate fhall be disfranchifed, or deprived of any of the rights or privileges fecured to the fubjects of this ftate, by this conftitution, unless by the law of the land, or the judgment of his peers.

14. That neither the affembly nor the fenate shall have power to adjourn themselves for any longer time than two days, without the mutual confent of both.

15. That whenever the affembly and fenate difagree, a conference fhall be held in the prefence of both, and be managed by committees to be by them refpectively chofen by ballot. That the doors both of the fenate and affembly, thall at all times be kept open to all perfons, except when the welfare of the ftate fhall require their debates to be kept fecret. And the journals of all their proceedings fhall be kept in the manner heretofore accuftomed by the general affembly of the colony of New-York, and except fuch parts as they fhall, as aforefaid, respectively determine not to make public, be from day to day, (if the bufinefs of the legiflature will permit) published.

16. It is neverthelefs provided, that the number of fenators fhall never exceed one hundred, nor the number of affembly three hundred; but that whenever the number of fenators fhall amount to one hundred, or of the affembly to three hundred, then and in fuch cafe, the legislature fhall from time to time thereafter, by laws for that purpofe, apportion and diftribute the said one hundred fenators, and three hundred reprefentatives, among the the great districts and counties of this ftate, in proportion to the number of their refpective electors; fo that the reprefentation of the good people of this ftate, both in the fenate and affembly, fhall for ever remain proportionate and adequate,

17. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine, and declare, that the fupreme executive power and authority of this ftate fhall be vefted in a governor; and that ftatedly once in every three years, and as often as the feat of government fhall become vacant, a wife and difcreet freeholder of this ftate fhall be by ballot elected governor, by the freeholders of this ftate, qualified as before defcribed to elect fenators; which elections hall be always held at the times and places of choofing reprefentatives in affembly for each refpective county; and that the

perfon

B

perfon who hath the greatest number of votes within the faid itate, fhall be governor thereof.

18. That the governor fhall continue in office three years, and fhall, by virtue of his office, be general and commander in chief of all the militia, and admiral of the navy of this ftate; that he fhall have power to convene the affembly and fenate on extraordinary occafions, to prorogue them from time to time, provided fuch prorogations fhall not exceed fixty days in the space of any one year; and at his difcretion to grant reprieves and pardons to perfons convicted of crimes, other than treafon or murder, in which he may fufpend the execution of the fentence, until it fhall be reported to the legislature at their fubfequent meeting; and they fhall either pardon, or direct the execution of the criminal, or grant a farther reprieve.

19. That it fhall be the duty of the governor to inform the legiflature, at every feffions, of the condition of the ftate, fo far as may refpect his department; to recommend fuch matters to their confideration as fhall appear to him to concern its good" government, welfare and profperity; to correfpond with the continental congrefs, and other ftates; to tranfact all neceffary bufinefs 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 fuch measures as may be refolved upon by the legiflature.

20. That a lieutenant-governor fhall, at every election of a governor, and as often as the lieutenant governor fhall die, refign, or be removed from office, be elected in the fame manner with the governor, to continue in office until the next election of a governor; and fuch lieutenant-governor fhall, by virtue of his office, be prefident of the fenate, and, upon an equal divifion, have a cafting voice in their decifions, but not vote on any other occafion.

And in cafe of the impeachment of the governor, or his removal from office, death, refignation, or abfence from the ftate, the lieutenant-governor fhall exercise all the power and authority appertaining to the office of governor, until another be chofen, or the governor abfent or impeached, fhall return or be acquitted. Provided, that where the governor fhall, with the confent of the legiflature, be out of the ftate, in time of war, at the head of a military force thereof, he fhall fill continue in his command of all the military force of the ftate, both by fea and fand.

21. That whenever the government fhall be adminiftered by the lieutenant-governor, or he fhall be unable to attend as prefident of the fenate, the fenators fhall have power to elect one of their own members to the office of prefident of the fenate, which he fhall exercife pro hac vice. And if, during such

vacancy

vacancy of the office of governor, the lieutenant-governor fhall be impeached, difplaced, refign, die, or be abfent from the ftate, the prefident of the fenate fhall in like manner as the lieutenant-governor, adminifter the government, until others fhall be elected by the fuffrage of the people, at the fucceeding election.

22. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine and declare, that the treasurer of this ftate fhall be appointed by act of the legislature, to originate with the affembly: Provided, that he fhall not be elected out of either branch of the legislature.

23. That all officers, other than thofe, who by this conftitution are directed to be otherwife appointed, fhall be appointed in the manner following, to wit, The affembly fhall once in every year, openly nominate and appoint one of the fenators from each great diftrict, which fenators fhall form a council for the appointment of the faid officers, of which the governor for the time being, or the lieutenant governor, or the prefident of the fenate, when they fhall refpectively adminifter the government, fhall be prefident, and have a cafting voice, but no other vote, and with the advice and confent of the said council, fhall appoint all the faid officers; and that a majority of the faid council be a quorum. And further, the faid fenators shall not be eligible to the faid council for two years fucceffively.

24. That all military officers be appointed during pleasure; that all commiffioned officers civil and military, be commiffioned by the governor; and that the chancellor, the judges of the fupreme court, and firft judge of the county court in every county, hold their offices during good behaviour, or until they fhall have respectively attained the age of fixty years.

25. That the chancellor and judges of the fupreme court, fhall sor at the fame time hold any other office, excepting that of delegate to the general congrefs, upon fpecial occafions; and that the first judges of the county courts in the feveral counties, shall not at the fame time hold any other office, excepting that of fenator, or delegate to the general congrefs: But if the chancellor or either of the faid judges be elected or appointed to any other office, excepting as is before excepted, it fhall be at his option in which to serve.

26. That sheriffs and coroners be annually appointed; and that no perfon fhall be capable of holding either of the faid offices more than four years fucceffively, nor the fheriff of holding any other office at the fame time.

27. And be it further ordained, that the register and clerks in chancery be appointed by the chancellor; the clerks of the Supreme court by the judges of the said court; the clerk of the

court