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And in order to prevent any unnecessary delays,
BE IT FURTHER ORDAINED, That if any bill shall not be laws if not returned by the council, within ten days after it shall have returned in been presented, the same shall be a law, unless the legislature ten days.
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: Represen For the city and county of New York,
Nine. tation ap; portioned The city and county of Albany,
Two. Census, V. That as soon after the expiration of seven years, subsehow to be quent to the termination of the present war as may be, a laken.
census of the electors and inhabitants of this state shall 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. Ballot. VI. AND WHEREAS an opinion bath long prevailed among voting by. divers of the good people of this state, that voting at elections
by ballot, would tend more to preserve 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 :
* Names afterwards altered, and the territory of which they consisted, divided into several counties.
+ Ceded to Vermont.
BE IT ORDAINED, That as soon as may be, after the termi- After the nation of the present war, between the United States of ment to be 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 ballot, 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 after a full and fair experi- To be abolment shall be made of voting by ballot aforesaid, the same found in
convenient. 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 elections shall be made vira voce.
VII. That every male inhabitant of full age, who shall have qualificapersonally resided within one of the counties of this state, for electors. 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 NewYork, on or before the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, and shall 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.
VIII. That every elector, before he is admitted to vote, Oath of shall, if required by the returning officer or either of the
allegiance. inspectors, take an oath, or if the people called quakers, an affirmation, of allegiance to the state.
IX. That the assembly thus constituted, shall chuse their Privileges own speaker, be judges of their own members, and enjoy the of assem
bly. same privileges, and proceed in doing 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 A quorum. to time, constitute a house to proceed upon business.
X. And this convention doth further, in the name, and by Numbers of the authority of the good people of this state, ORDAIN, DETER- and by MINE AND DECLABE, that the senate of the state of New- chosen.
Their term of election, and rota tion in office,
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; and 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. Manner of XII. That the election of senators shall be after this manner: choosing
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 westCensus, and ern district, six; and in the eastern district, three. AND BE antent or the 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 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 electors 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 A quorum. by the electors of such district. That a majority of the
number of senators, to be chosen as aforesaid, shall be
necessary to constitute a senate sufficient to proceed upon To be business; and that the senate shall, in like manner with the their own assembly, be the judges of its own members. AND BE IT
ORDAINED, that it shall be in the power of the future legislacounties tures of this state, for the convenience and advantage of the tricts may good people thereof, to divide the same into such further and be erected. Other counties and districts, as shall to them appear necessary. No person
XIII. And this convention doth further, in the name and franchised by the authority of the good people of this state, ORDAIN, but by law. DETERMINE, AND DECLARE, that no member of this state
shall be disfranchised, or deprived of any of the rights or privileges secured to the subjects of this state by this consti
tution, unless by the law of the land, or the judgment of his peers.
XIV. That neither the assembly or the senate shall have Adjourn; power to adjourn themselves for any longer time than two both days, without the mutual consent of both.
XV. That, whenever the assembly and senate disagree, a Conference conference shall be held in the presence of both, and be man- them. aged by committees, to be by them respectively chosen by ballot. That the doors, both of the senate and assembly, Doors to be shall at all times be kept open to all persons, except when the open, and welfare of the state shall require their debates to be kept secret. And the journals of all their proceedings shall be kept Journals, in the manner heretofore accustomed by the general assembly and pubof 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.
XVI. It is, nevertheless, provided, that the number of sena- Number 01 tors shall never exceed one hundred, nor the number of the and assem assembly three hundred: but that, whenever the number of bly limited. 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 hereafter, 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 Executive by the authority of the good people of this state, ORDAIN, vested in DETERMINE, AND DECLARE, that the supreme executive power and authority of this state shall be vested in a governor; and When and that, statedly, once in every three years, and as often as the chosen, 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 the governor thereof.
XVIII. That the governor shall continue in office three His power. 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 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 sus
pend the execution of the sentence, until it shall be reported to the legislature, at their subsequent meeting, and they shall either pardon, or direct the execution of the criminal, or grant
a further reprieve. And duty.
XIX. That it shall be the duty of the governor to inform the legislature, at every session, of the condition of the state, so far as may respect his department; to recommend such matters to their consideration as shall appear to him to concern its good government, welfare, 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 faithfully executed, to the best of his ability; and to expedite
all such measures as may be resolved upon by the legislature. Lt.-gover XX. That a lieutenant-governor shall, at every election of
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 To be presi- 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 vote in their decisions, but
not vote on any other occasion. His farther And in case of the impeachment of the governor, or his duty. removal from office, death, resignation, or absence from the
state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until another be chosen, or the governor absent or impeached, shall return or be acquitted. Provided, that where the governor shall, with the consent of the legislature, be out of the state, in time of war, at the head of a military force thereof, he shall still continue in his command of all the military force of this
state, both by sea and land. In his XXI. That whenever the government shall be administered absence a president to by the lieutenant-governor, or he shall be unable to attend as by the president of the senate, the senators shall have power to elect
one of their own members to the office of president of the His power senate, which he shall exercise pro hac vice. And if, during and duty.
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. Council of XXIII. That all officers, other than those who, by this con
stitution, are directed to be otherwise appointed, shall be