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9. That the assembly, thus constituted shall choose their owns 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-Yoik of fight formerry did; and that a majority of the said members shall, from time to time, constitute a house to proceed upon business. »
10. And this convention doth surther, 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 freeholds of the value of one hundred pounds, over and above all debts charged thereon.
1.1. That the members of she senate be elected for four years, and immediately after the first election, they be divided by lot into four classes,'six fn each class, and numbered one, two, three
.and.sou;; that the feats of the members of the first class shall "be vacated at the expiration' of the first year, the second class "the'second year, arufso on continually; to the end that the fourth part of the senate, as nearly as poffible, maybe annually cosen.
1.2. That the election of senators shall be after this manner; -that i'p much of this state as is now parcelled into counties, be ^divided into four great districts; the southern district to compre.jhend the'cjty and county of New-York, Suffolk, Westchester,
Kings^Qtieens, and Richmond counties; the middle district to c comprehend the counties of Dutches, Ulster and Orange; the „ western district, the city and county of Albany, and Tryon repujuy; and the eastern' district, the counties of Charlotte, .Cumberland, and Gloucester. That the scnatois shall be elected by jrif freehblde"rs of the'said distp'cts,' qualified as aforesaid, in 3the proportions following, tbwii,\n th'eTpnthern district nine, in 'the middle, district six,', iii the western district fix, and in the eaf.' tern district three. And be if ordained, that a census fhajl betaken as soon.as may be, "after the expiratioft of seven years from the . termination .01 the present war, under the direction of the legisj-Jaty.re".:."' And if on such census it1shall appear, that the number jur lenators is not justly proportioned to the several districts^'that . the ^legislature adjust the proportion as' near as'fnray be, to the . number o£' freeholders qualified as aforesaid,'in each district. .That when the number of electors, within any of theTaid districts, Oiajl have increased one twenty-fourth part of the whole rnuimbeVof 'electors, which,'by the 'said'censu?, shall he!fouhdto "ihe*iu.'hisj'statei ?in-l additional senator shall be £h6sen by the <ceTe,cto'r's^pF.'(uch. district. That a inaj'ority of tfie num6er of senators tohe.chdsen as 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 it* own members. And be it ordained, that it (hall be in the power of the suture legislatures of this state, for the convenience and advantage of the good people thereof, to divide the same into such surther and otehr counties and districts, as shall to them appear necessary.
13. And this convention doth surther, in the name and by the authority of the good people of this state, ordain, determine and declare, that.no member of this state ihall be disfranchised, or deprived of any of 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.
14. That neither the assembly nor the senate shall have power to adjourn themselves for any longer time than two days, without the mutual consent of both.
15. That whenever the assembly and senate disagree, a conserence shall be held in the presence of both, and be managed by committees to be by them respectively chosen by ballot. That the doors both of the senate and assembly, shall at all times be kept open to all persons, except when the welsare 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.
16. It is nevertheless provided, that the number of senators shall never exceed one hundred, nor the number of 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 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 for ever remain proportionate and adequate.
17. And this convention doth surther, 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 discreet freeholder of this state shall be by ballot elected governor, by the freeholders of this state, qualisied as before described to elect senators; which elections (hall be always held at the times and places of choosing representatives in assembly for each respective county; and that the
person person who hath the greatest rrumber of votes within the saief state, shall be governor thereof.
18. That the governor shall continue in osfice three years, ah J shall, by virtue of his office, be genera: 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 meetihg; and they shall tfither pardon, or direct the execution of the criminal, or grant a sarther reprieve.
Iq. That it shall be the duty of the governor to inform the legislature, at every seffions, of the condition of the state, so sar as may respect his department; to recommend such matters totheir consideration as shall appear to him to concern its good government, welsare' 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 saithsully executed to the best of his' ability; arid to expedite all such measures as may be resolved upon by the legislature.
20. That a lieutenant-governor mall, at every election os 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.
A;id 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 al! the power and authority appertaining to the office of governor, until another be chosen, dr the governor absent or impeached, shall return or be acquitted. Provided, that where the governor shall, with the content of the legislature, be out of the state, in time of war, at the hefa'd of a'lhilitary force thereof, hesoal'l still continue in his Command of all the military force of the state, both by sea arid land. •
21. 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 power to elect one of their own members* to the office of president of the senate, which he shall exercise pr.a bat vice. And if, during such
vacancy of the office of governor, the lieutenant-governor stiall be impeached, displaced, resign, die, or be absent f r,prn 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.
22. And this convention doth surther, 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.
23. 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 irj every vear, openly nominate and appoint one of the senators from each great districts 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 surther, the said senators shall not be eligible to the said council for two years succeffively.
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 supreme court, and first judge of the county court in every county, hold their offices during good behaviour, or until they shall have respectively attained the age of sixty years.
25. That the chancellor and judges of the supreme court, shall t*>t at the same time hold any other office, excepting that of deJegate 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.
26. 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 succeffively, nor the sheriff of holding any other office at the same time.
27. And be it surther ordained, that the register and clerk* in chancery be appointed by the chancellor; the clerks of the supreme court by the judges of the said court j th# clerk of the
court court of probates by the judge of the said court; and the regiiV ter 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 to be appointed as aforesaid.
And that all attorneys, solicitors and counsellors at law, hereafter to be appointed, be appointed by the court, and licensees by the first judge of the court in which they shall respectively
filead or practise; and be regulated by the rules and orders of the did courts.
18. And be it surther ordained, that where by this convention the duration of any office shall hot be ascertained, such office shall be construed to be held during the pleasure of the council of appointment: Provided that new commiffions 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.
29. 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 suture 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 suture acts of the legislature.
30. 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 j and out of those persons whose names are not in both lists, one half shall be chosen by the joint ballot of the senators and members of assembly, so met together as aforesaid. **
31. That the stile 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 of 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.
32. And this convention doth surther, in the name and by the authority of the good people of this state, ordain, determine, and declare, that a tourt 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 m3Jor part of them; except, that when an impeachment shall be prosecuted