CONSTITUTION: NEW YORK-1777 And receive any salary or consideration, under any pretence whatever. 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. Charlotte county, four. 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 every 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 pre serve 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 "The whole number of bills passed by the legislature under this constitution was six thousand five hundred and ninety. The council of revision objected to one hundred and twenty-eight, of which seventeen were passed notwithstanding these objections.--Hough. Now Montgomery County. Now Washington County. Now included in the State of Vermont. The first census under this constitution was taken in 1790. 1801, 1807, 1814, and 1821.-Hough. "See amendments. Others were taken in 1795, 48-124-65-76 members. members. vine member. "w members. one member. alupe, one member. CM-mley, two members. Ana, two members. in, one member. Enero, one member. Chaves, three members. Eddy, two members. Roosevelt, one member. of Luna, one member. ty of Grant, two members. w of Sierra, one member. unty of San Juan, one member. Panty of Quay, two members. unty of Curry, one member. The counties of Rio Arriba and Sandoval, one member The counties of Torrance. Santa Fe, and Guadalupe The counties of San Miguel and Guadalupe, one meilen ties of Lincoln, Otero and Socorro, one member of any new county it shall be annexed to someutices ve purposes. after the publication of the census of the United State bundred and twenty and at the first son after reafter, the legislature may reapportion the the basis of population; provided, that each be contiguous to some other county ther CONSTITUTION: NEW YORK-1777 receive any salary or consideration, under any pretence whatever. And at all bills which have passed the senate and assembly shall, before they beme laws, be presented to the said council for their revisal and consideration; id if, upon such revision and consideration, it should appear improper to the id council, or a majority of them, that the said bill should become a law of this ate, that they return the same, together with their objections thereto in writg, to the senate or house of assembly (in which soever the same shall have iginated) who shall enter the objection sent down by the council at large in eir minutes, and proceed to reconsider the said bill. But if, after such reconleration, two-thirds of the said senate or house of assembly shall, notwithanding the said objections, agree to pass the same, it shall, together with the jections, be sent to the other branch of the legislature, where it shall also be considered, and, if approved by two-thirds of the members present, shall be a w. And in order to prevent any unnecessary delays, be it further ordained, that if ay bill shall not be returned by the council within ten days after it shall have een presented, the same shall be a law, unless the legislature shall, by their ljournment, render a return of the said bill within ten days impracticable; in hich case the bill shall be returned on the first day of the meeting of the legis ture after the expiration of the said ten days." IV. That the assembly shall consist of at least seventy members, to be a The city and county of Albany, ten. The county of Dutchess, seven. The county of Westchester, six. The county of Ulster, six. Gloucester County, two. V. That as soon after the expiration of seven years (subsequent lation of the present war) as may be a census of the electors and n this State be taken, under the direction of the legislature. ensus, it shall appear that the number of representatives in a said counties is not justly proportioned to the number of ele counties respectively, that the legislature do adjust and a And further, that once in every seven re by that rule. ng of the said fit census, a just account of the electors re y; State shall, by Militia, and convene the m from time to agress, for the express of the people, most that a government for ollowing, to wit: n two distinct branches, use of Commons. istricts was made February 7, 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 balit 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, unforeseen 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 madof 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 shail 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. VII. 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, le judges of their own members, and enjoy the same privileges, and proceed in doitz 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 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 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 after this manner: That 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 The first act under this clause was passed March 27, 1778, and introduced the practice of voting by ballot for governor and lieutenant-governor only, but retained the re method for senators and assemblymen. By an act of February 13, 1787, the mode of voting by ballot for the latter was introduced. The boxes containing the ballots for govern lieutenant-governor, and senators were returned by the sheriffs to the secretary of state to be canvassed by a joint committee of the legislature, until March 27, 1799, when the system of inspection and canvassing by local wards was introduced.--Hough. 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 eelctors, 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, 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 accustomel by the general assembly of the colony of New York; and except such parts as they shall, as a foresaid, respectively determined 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 discreet 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 CONSTITUTION: NORTH CAROLINA-1776 of North Carolina, chosen and assembled in Congress, for the express purpose of framing a Constitution, under the authority of the people, most conducive to their happiness and prosperity, do declare, that a government for this State shall be established, in manner and form following, to wit: I. That the legislative authority shall be vested in two distinct branches, both dependent on the people, to wit, a Senate and House of Commons. Under this clause, a new arrangement of senatorial districts was made February 7, 1791: March 4, 1796; and April 17, 1815.-Hough. See amendment. |