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vice-chancellor, judge of the existing county courts of each county, Supreme Court commissioner, master in chancery, examiner in chancery, and surrogate, (except as herein otherwise provided,) are abolished from and after he first Monday of July, one thousand eight hundred and orty-seven, (1847.)
9. The Chancellor, the justices of the present Supreme Court, and the circuit judges, are hereby declared to be severally eligible to any office at the first election under this Constitution.
10. Sheriffs, clerks of counties, (including the register and clerk of the city and county of New-York) and justices or the peace, and coroners, in office, when this Constitution slıall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected.
11. Judicial officers in office when this Constitution shall take effect may continue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twentieth section of the sixth article of this Constitution.
12. All local courts established in any city or village, including the superior court, common pleas, sessions and surrogate's courts of the city and county of New York, shall remain, until otherwise directed by the Legislature, with their present powers and jurisdictions ; and the judges of such courts and any clerks thereof in office on the first day of January one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the Legislature shall otherwise direct.
13. 'This Constitution sliall be in force from and in cluding the first day of January, one thousand eight hundred and forty-seven, except as is herein otherwise provided.
Done, In Convention, at the Capitol, in the city of Ai
bany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the Independence of the United States of America the seventy-first. In witness whereof we have hereunto subscribed our names. transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.
ARTICLE 1. . Rights and Privileges. 1. All men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
2. All political power is inherent in the people.
Government is instituted for the protection, security and benefit of the people, and they have the right, at all times to alter or reform the same, whenever the public good may require it.
3. No person shall be deprived of the inestimable privilege of worshipping Almighty God in a manner agreeable to the dictates of his own conscience, nor under any pretence, whatever, be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of Worship, or for the maintainance of any minister or ministry, contrary to what he believes to be right, or has deliberately and voluntarily engaged to perform.
4. There shall be no establishment of one religious sect in preference to another. No religious test shall be required as a qualification for any office or public trust; and no person shall be denied the enjoyment of any civil right merely on account of his religious principles.
5. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press.
In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for jus
tifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
6. The right of the people to be secure in their per. sons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the papers and things to be seized.
7. The right of trial by jury, shall remain inviolate; but the Legislature may authorize the trial of civil suits, when the matter in dispute does not exceed fifty dollars, by a jury of six men.
8. In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury ; to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defence.
9. No person shall be held to answer for a criminal offence, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia, when in actual service in time of war or public danger.
10. No person shall, after acquittal, be tried for the same offence. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or presumption great.
11. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it.
12. The military shall be in strict subordination to the civil power.
13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law.
14. Treason against the State, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be con