of members of assembly, shall be made by the legislature, at its first session after the return of every enumeration; and when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of the members of the assembly, shall be made by the present legislature, according to the last enumeration taken under the authority of the United States, as nearly as may be. Every county Each counheretofore established, and separately organized, shall always do one be entitled to one member of the assembly; and no new county shall hereafter be erected, unless its population shall entitle it to a member.

ty entitled

member

SEC. VIII. Any bill may originate in either house of the Bills. legislature; and all bills passed by one house, may be amended by the other.

members.

SEC. IX. The members of the legislature, shall receive for Pay of their services, a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect, during the year in which it shall have been made. And no law shall be passed, increasing the compensation of the members of the legislature, beyond the sum of three dollars a day.

to receive

SEC. X. No member of the legislature, shall receive any No member civil appointment from the governor and senate, or from the appointlegislature, during the term for which he shall have been elected.

ments.

disqualified

members.

SEC. XI. No person, being a member of congress, or hold- Persons ing any judicial or military office under the United States, from being shall hold a seat in the legislature. And if any person, shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States; his acceptance thereof, shall vacate his seat.

presented

governor.

If

objections,

posed of.

SEC. XII. Every bill which shall have passed the senate Bills to be and assembly, shall, before it become a law, be presented to to the the governor: if he approve, he shall sign it; but if not, he if returned shall return it with his objections to that house in which it by him with shall have originated; who shall enter the objections at large how dis on their journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for, and against, the bill, shall be entered on the journal of each house respectively. If any Effect, if bill shall not be returned by the governor within ten days ed within (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return; in which case it shall not be a law.

ten days.

Certain

officers may

by joint

SEC. XIII. All officers holding their offices during good bebe removed haviour may be removed by joint resolution, of the two resolution. houses of the legislature, if two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein.

Legislature when to

meet.

Time of annua! election.

New officers.

Existing officers.

Qualifications of electors.

Freehold required for men of colour.

SEC. XIV. The political year shall begin on the first day of January; and the legislature shall every year, assemble on the first Tuesday of January, unless a different day shall be appointed by law.

SEC. XV. The next election for governor, lieutenant-governor, senators, and members of assembly, shall commence on the first Monday of November, one thousand eight hundred and twenty-two; and all subsequent elections, shall be held at such time, in the month of October or November, as the legislature, shall by law, provide.

SEC. XVI. The governor, lieutenant-governor, senators, and members of assembly, first elected under this constitution, shall enter on the duties of their respective offices, on the first day of January, one thousand eight hundred and twentythree; and the governor, lieutenant-governor, senators and members of assembly, now in office, shall continue to hold the same, until the first day of January, one thousand eight hundred and twenty-three, and no longer.

ARTICLE SECOND.

SEC. I. Every male citizen, of the age of twenty-one years, who shall have been an inhabitant of this state one year preceding any election, and for the last six months a resident of the town or county where he may offer his vote; and shall have, within the year next preceding the election, paid a tax to the state or county, assessed upon his real or personal property; or shall by law be exempted from taxation; or being armed and equipped according to law, shall have performed within that year, military duty in the militia of this state; or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town or village in this state: and also, every male citizen of the age of twenty-one years who shall have been, for three years next preceding such election, an inhabitant of this state; and for the last year, a resident in the town or county, where he may offer his vote; and shall have been, within the last year, assessed to labor upon the public highways, and shall have performed the labor, or paid an equivalent therefor, according to law, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elective by the people: but no man of colour, unless he shall have been for three years a citizen of this state, and for one year next preceding any election, shall be seised and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon; and shall have been actually

rated, and paid a tax thereon, shall be entitled to vote at any such election. And no person of colour shall be subject to direct taxation unless he shall be seised, and possessed, of such real estate as aforesaid.

be exclu

SEC. II. Laws may be passed, excluding from the right of Who may suffrage, persons who have been, or may be, convicted of in- ded. famous crimes.

right to

SEC. III. Laws shall be made for ascertaining by proper Proof of proofs, the citizens who shall be entitled to the right of suffrage, vote. hereby established.

be by ballot.

SEC. IV. All elections by the citizens, shall be by ballot, Elections to except for such town officers as may by law be directed to be otherwise chosen.

ARTICLE THIRD.

power.

SEC. I. The executive power shall be vested in a governor. Executive He shall hold his office for two years; and a lieutenant-governor, shall be chosen at the same time, and for the same term.

tions of the

SEC. II. No person, except a native citizen of the United Qualifica. States, shall be eligible to the office of governor; nor shall governor. any person be eligible to that office, who shall not be a freeholder, and shall not have attained the age of thirty years, and have been five years a resident within this state; unless he shall have been absent during that time, on public business of the United States, or of this state.

governor

governor.

powers of

nor.

SEC. III. The governor and lieutenant-governor shall be Elections of elected at the times and places of choosing members of the and It. legislature. The persons respectively having the highest number of votes for governor and lieutenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenantgovernor, the two houses of the legislature, shall by joint ballot, choose one of the said persons so having an equal and the highest number of votes, for governor, or lieutenant-governor. SEC. IV. The governor shall be general and commander-in- Duties and chief of all the militia, and admiral of the navy of the state. the gover He shall have power to convene the legislature, (or the senate only,) on extraordinary occasions. He shall communicate by message to the legislature at every session, the condition of the state; and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services, His coma compensation which shall neither be increased nor diminished, during the term for which he shall have been elected. SEC. V. The governor shall have power to grant reprieves Pardoning and pardons after conviction, for all offences, except treason and cases of impeachment. Upon convictions for treason,

pensation.

power

When powers of

nor devolve

on the lieutenant

governor.

he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting; when the legislature shall either pardon, or direct the execution of the criminal, or grant a farther reprieve.

upon

SEC. VI. In case of the impeachment of the governor, or the gover his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve the lieutenant-governor, for the residue of the term, or until the governor absent or impeached, shall return or be acquitted. But when 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 commanderin-chief of all the military force of the state.

President

of the

senate.

To act as governor in certain cases.

Manner of choosing or

militia officers.

SEC. VII. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If during a 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 act as governor, until the vacancy shall be filled, or the disability shall cease.

ARTICLE FOURTH.

SEC. I. Militia officers shall be chosen, or appointed as folappointing lows: captains, subalterns, and non-commissioned officers, shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments, and separate battalions. Brigadier-generals by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff officers of their respective divisions, brigades, regiments or separate battalions.

Officers to

be appointed by the governor and senate.

militia

SEC. II. The governor shall nominate, and with the consent of the senate, appoint all major-generals, brigade inspectors, and chiefs of the staff departments, except the adjutant-general, and commissary-general. The adjutant-general shall be appointed by the governor.

Election of SEC. III. The legislature, shall by law, direct the time and manner of electing militia officers, and of certifying their elections to the governor.

officers.

Officers how com

SEC. IV. The commissioned officers of the militia, shall be missioned. commissioned by the governor; and no commissioned officer shall be removed from office, unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commission, subject to removal as before provided.

Election of militia

SEC. V. In case the mode of election and appointment of officers may militia officers, hereby directed, shall not be found conducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and

be abol

ished.

removal, if two-thirds of the members present in each house, shall concur therein.

cers how

SEC. VI. The secretary of state, comptroller, treasurer, State offattorney-general, surveyor-general and commissary-general appointed. shall be appointed as follows: The senate and assembly shall each openly nominate one person for the said offices respectively; after which, they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint-ballot of the senators and members of assembly. The Terms of treasurer shall be chosen annually. The secretary of state, comptroller, attorney-general, surveyor-general, and commissary-general, shall hold their offices for three years, unless sooner removed by concurrent resolutions of the senate and assembly.

office.

be appoint

ernor and

peace, how

SEC. VII. The governor shall nominate, by message, in Officers to writing, and with the consent of the senate, shall appoint, ed by gov all judicial officers, except justices of the peace, who shall be senate. appointed in manner following, that is to say: The board of Justices of supervisors in every county in this state, shall, at such times appointed. as the legislature may direct, meet together; and they, or a majority of them so assembled, shall nominate so many persons as shall be equal to the number of justices of the peace to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons; and it shall be the duty of the said board of supervisors, and judges of county courts, to compare such nominations, at such time and place as the legislature may direct: And if on such comparison, the said boards of supervisors and judges of county courts, shall agree in their nominations, in all, or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county; and the person or persons named in such certificates, shall be justices of the peace: And in case of disagreement in whole, or in part, it shall be the farther duty of the said boards of supervisors, and judges respectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the said nominations, and appoint so many justices of the peace, as shall be requisite to fill the vacancies.

office; how

Every person appointed a justice of the peace, shall hold Term of his office for four years, unless removed by the county court, removed. for causes particularly assigned by the judges of the said court. And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defence.

Sheriffs,

counties

SEC. VIII. Sheriffs and clerks of counties, including the clerks of register and clerk of the city and county of New York, shall and register be chosen by the electors of the respective counties, once in and clerk of

Y.