force thereof, he shall still continue in his command of all the military force of the State both by sea and land.

XXI. 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 pro hac vice. And if, during such vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or be absent from 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. XXII. 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 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.

XXIII. 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 in every year, openly nominate and appoint one of the senators from each great district, 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 further, The said senators shall not be eligible to the said council for two years successively.

XXIV. That all military officers be appointed during pleasure; that all commissioned officers, civil and military, be commissioned 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 behavior, or until they shall have respectively attained the age of fifty years.

XXV. That the Chancellor, and Judges of the Supreme Court shall not, at the same time, hold any other office, excepting that of delegate 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.

XXVI. 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 successively; nor the sheriff of holding any other office at the same time.

XXVII. 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 of probate, by the judge of the said court; and the register 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 appointed as aforesaid.

And that all attorneys, solicitors, and counselors-at-law hereafter to be appointed, be appointed by the court, and licensed by the first judge of the court in which they shall respectively plead or practice; and be regulated by the rules and orders of the said courts.

XXVIII. And be it further ordained, That where, by this Convention, the duration of any office shall not be ascertained, such office shall be construed to be held during the pleasure of the Council of Appoint

*By the amendments of 1801 each member of the council was invested with power to originate nominations for office.

ment: Provided that new commissions 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.

XXIX. That town clerks, supervisors, assessors, constables, 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 future acts of the legislature.

That loan officers, county treasurers, and clerks of the supervisors, continue to be appointed in the manner directed by the present or future acts of the legislature.

XXX. 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; 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. XXXI. That the style 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.

XXXII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that a court 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 major part of them; except that when an impeachment, shall be prosecuted against the chancellor, or either of the judges of the Supreme Court, the person, so impeached, shall be suspended from exercising his office, until his acquittal; and, in like manner, when an appeal, from a decree in equity, shall be heard, the chancellor shall inform the court, of the reasons of his decree, but shall not have a voice in the final sentence. And if the cause to be determined, shall be brought up by writ of error, on a question of law, on a judgment in the Supreme Court, the judges of that court shall assign the reasons of such their judgment, but shall not have a voice for its affirmance or reversal.

XXXIII. That the power of impeaching all officers of the State, for mal and corrupt conduct in their respective offices, bę vested in the representatives of the people in Assembly; but that it shall always be necessary, that two-third parts of the members present shall consent to and agree in such impeachment. That previous to the trial of every impeachment, the members of the said court shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence; and that no judgment of the said court shall be valid, unless it be assented to, by two-third parts of the members then present; nor shall it extend farther, than to removal from office, and disqualification to hold and enjoy any place of honor, trust, or profit, under this State. But the party so convicted, shall be, nevertheless, liable and subject to indictment, trial, judgment and punishment, according to the laws of the land.

XXXIV. And it is further ordained, that in every trial on impeachment, or indictment for crimes or misdemeanors, the party impeached, or indicted, shall be allowed counsel, as in civil actions.

XXXV. And this Convention doth further, in the name and by the authority of the good people of this State, ORDAIN, DETERMINE AND DECLARE, that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the Legislature of the colony of New York, as together did form the law of the

said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State, subject to such alterations and provisions as the Legislature of this State shall, from time to time, make concerning the same. That such of the said acts, as are temporary, shall expire at the times limited for their duration respectively. That all such parts of the said common law, and all such of the said statutes, and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of christians or their ministers, or concern the allegiance heretofore yielded to, and the supremacy, sovereignty, government or prerogatives claimed or exercised by the king of Great Britain and his predecessors, over the colony of New York, and its inhabitants, or are repugnant to this Constitution-be, and they hereby are, abrogated and rejected. And this Convention doth further ordain, that the resolves or resolutions of the Congresses of the colony of New York, and of the Convention of the State of New York, now in force, and not repugnant to the government, established by this Constitution, shall be considered as making part of the laws of this State; subject, nevertheless, to such alterations and provisions as the Legislature of this State may, from time to time, make concerning the same.

XXXVI. And be it further ordained, that all grants of lands within this State, made by the king of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void: but, that nothing, in this Constitution contained, shall be construed to affect any grants of land within this State, made by the authority of the said king or his predecessors, or to annul any charters to bodies politic, by him, or them, or any of them, made prior to that day. And that none of the said charters shall be adjudged to be void, by reason of any non-user or misuser of any of their respective rights or privileges, between the nineteenth day of April, in the year of our Lord one thousand seven hundred and seventy-five, and the publication of this Constitution. And further, that all such of the officers, described in the said charters respectively, as, by the terms of the said charters, were to be appointed by the Governor of the colony of New York, with or without the advice and consent of the Council of the said king, in the said colony, shall henceforth be appointed by the Council, established by this Constitution, for the appointment of officers in this State, until otherwise directed by the Legislature.

XXXVII. And whereas it is of great importance to the safety of this State, that peace and amity with the Indians, within the same, be at all times supported and maintained. AND WHEREAS the frauds, too often practiced towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discontents and animosities: BE IT ORDAINED, that no purchases or contracts for the sale of lands, made since the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said Indians, within the limits of this State, shall be binding on the said Indians, or deemed valid, unless made under the authority, and with the consent of the Legislature of this State.

XXXVIII. And whereas we are required, by the benevolent principles of rational liberty, not only to expel civil tyranny, but also to guard against that spiritual oppression and intolerance, wherewith the bigotry and ambition of weak and wicked priests and princes have scourged mankind: this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed, within this State, to all mankind. Provided that the liberty of conscience, hereby granted, shall not be so construed, as to excuse acts of licentiousness, or justify practices, inconsistent with the peace or safety of this State.

XXXIX. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their function; therefore no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any pretense or description whatever, be eligible to, or capable of holding, any civil or military office or place, within this State.

XL. And whereas it is of the utmost importance to the safety of every State, that it should always be in a condition of defense; and it is the duty of every man, who enjoys the protection of society, to be prepared and willing to defend it; this Convention, therefore, in the name and by the authority of the good people of this State, doth ORDAIN, DETERMINE AND DECLARE, that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed, and disciplined, and in readiness for service. That all such of the inhabitants of this State (being of the people called Quakers) as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the Legislature; and do pay to the State, such sums of money, in lieu of their personal service, as the same may, in the judgment of the Legislature, be worth :* And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the Legislature, established, maintained, and continued, in every county in this State.

XLI. And this Convention doth further ORDAIN, DETERMINE AND DECLARE, in the name and by the authority of the good people of this State, that trial by jury, in all cases in which it hath heretofore been used in the colony of New York, shall be established, and remain inviolate forever. And that no acts of attainder shall be passed by the Legislature of this State, for crimes, other than those committed before the termination of the present war; and that such acts shall not work a corruption of blood.† And further, that the Legislature of this State shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law.

XLII. And this Convention doth further, in the name and by the authority of the good people of this State, ORDAIN, DETERMINE AND DECLARE, that it shall be in the discretion of the Legislature, to naturalize all such persons, and in such manner, as they shall think proper; provided all such of the persons, so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this State, shall take an oath of allegiance to this State, and adjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate, and State, in all matters, ecclesiastical as well as civil.‡

By order,

LEONARD GANSEVOORT, Pres. pro tem.

AMENDMENTS.

IN CONVENTION OF DELEGATES, ALBANY, OCTOBER 27TH, 1801. WHEREAS the legislature of this State, by their act passed the sixth day of April last, did propose to the citizens of this State to elect by ballot delegates to meet in Convention, "for the purpose of considering "the parts of the Constitution of this State respecting the number of

*This exemption fee was fixed at £10 per annum by the act of April 3, 1778, organizing the militia of the State.

By an act of Oct. 23, 1779, fifty-eight persons, of whom three were females, were attainted and banished from the State for adherance to the enemy. This is the only act passed under the above clause.

The custom of naturalizing aliens by special act, was first introduced by the Colonial General Assembly in 1717, and was continued by the State legislature until the adoption of the Federal constitution in 1783. After that date, the right to hold land upon declaring an intention to become naturalized was granted by special act until 1825, when a general law for this purpose was passed.

"Senators and members of Assembly in this State, and with power to "reduce and limit the number of them as the said Convention might "deem proper; and also for the purpose of considering and determining "the true construction of the twenty-third article of the Constitution "of this State, relative to the right of nomination to office.

And whereas the people of this State have elected the members of this Convention for the purpose above expressed; and this Convention having maturely considered the subject thus submitted to their determination, do, in the name and by the authority of the people of this State, ORDAIN, DETERMINE AND DECLARE:

I. That the number of the members of the Assembly hereafter to be elected shall be one hundred, and shall never exceed one hundred and fifty. II. That the legislature at their next session shall apportion the said one hundred members of the Assembly among the several counties of this State, as nearly as may be, according to the number of electors which shall be found to be in each county by the census directed to be taken in the present year.

III. That from the first Monday in July next, the number of the Senators shall be permanently thirty-two, and that the present number of Senators shall be reduced to thirty-two in the following manner, that is to say-The seats of the eleven Senators composing the first class, whose time of service will expire on the first Monday in July next, shali not be filled up and out of the second class the seats of one Sénator from the middle district and of one Senator from the southern district shall be vacated by the Senators of those districts belonging to that class casting lots among themselves; out of the third class, the seats of two Senators from the middle district, and of one Senator from the eastern district, shall be vacated in the same manner; out of the fourth class, the seats of one Senator from the middle district, of one Senator from the eastern district, and of one Senator from the western district shall be vacated in the same manner; and if any of the said classes shall neglect to cast lots, the Senate shall in such case proceed to cast lots for such class or classes so neglecting. And that eight Senators shall be chosen at the next election in such districts as the legislature shall direct, for the purpose of apportioning the whole number of Senators amongst the four great districts of this State, as nearly as may be, according to the number of electors qualified to vote for Senators, which shall be found to be in each of the said districts by the census above mentioned; which eight Senators so to be chosen shall form the first class.

IV. That from the first Monday in July next, and on the return of every census thereafter, the number of the Assembly shall be increased at the rate of two members for every year, until the whole number shall amount to one hundred and fifty; and that upon the return of every such census, the legislature shall apportion the Senators and members of the Assembly amongst the great districts and counties of this State, as nearly as may be, according to the number of their respective electors; Provided, That the legislature shall not be prohibited by anything herein contained, from allowing one member of Assembly to each county, heretofore erected within this State.

V. And this Convention do further, in the name and by the authority of the people of this State, ORDAIN, DETERMINE AND DECLARE, That by the true construction of the twenty-third article of the constitution of this State, the right to nominate all officers other than those who by the constitution are directed to be otherwise appointed, is vested concurrently in the person administering the government of this State for the time being and in each of the members of the Council of Appointment.

By order,
Attest,

A. BURR,

President of the Convention, and Delegate from Orange County.

JAMES VAN INGEN,

JOSEPH CONSTANT,

} Secretaries.*

*This Convention was in session from October 13th to October 27th, 1801. The vote upon adoption of the Amendments in Convention was unanimous.