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every three years, and as often as vacancies shall happen.

Sheriffs shall hold no other office, and be ineligible for the Security. next three years after the termination of their offices. They

may be required by law, to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made

responsible for the acts of the sheriff': and the governor may moved.

remove any such sheriff, clerk, or register, at any time within the three years for which he shall be elected, giving to such sheriff, clerk, or register, a copy of the charge against him, and an opportunity of being heard in his defence, before any

removal shall be made. Clerks of SEC. IX. The clerks of courts, except those clerks whose courts, and

appointment is provided for in the preceding section, shall be attorneys appointed by the courts of which they respectively are clerks;

and district attornies, by the county courts. Clerks of courts and district attornies, shall hold their offices for three years,

unless sooner removed by the courts appointing them. Mayors of SEC. X. The mayors of all the cities in this state shall be cities.

appointed annually, by the common councils of the respective cities.

SEC. XI. So many coroners as the legislature may direct, not exceeding four in each county, shall be elected in the same manner as sheriffs, and shall bold their offices for the same term, and be removable in like manner.

SEC. XII. The governor shall nominate, and with the consent of the senate, appoint masters and examiners in chancery; who shall hold their offices for three years, unless sooner

removed by the senate, on the recommendation of the Registers, governor.

The registers and assistant registers, shall be appointed by the chancellor, and hold their offices during

his pleasure. Clerk of

SEC. XIII. The clerk of the court of oyer and terminer, terminer in and general sessions of the peace, in and for the city and

county of New-York, shall be appointed by the court of general sessions of the peace in said city, and bold his office during the pleasure of the said court: and such clerks and other officers of courts, whose appointment is not herein provided for, shall be appointed by the several courts, or by the governor, with the consent of the senate, as may be

directed by law. Special and assistant SEC. XIV. The special justices, and the assistant justices, justices and clerks in N. and their clerks, in the city of New-York, shall be appointed

by the common council of the said city; and shall hold their offices for the same term, that the justices of the peace, in

the other counties of this state, hold their offices, and shall be Oficers to removable in like manner. he elected or appoint

SEC. XV. All officers heretofore elective by the people, ed. shall continue to be elected ; and all other officers, whose

appointment is not provided for, by this constitution, and all officers, whose offices may be hereafter created by law, shall

Masters and examiners in chancery.


oyer and

Other offcers.


be elected by the people, or appointed, as may by law be directed.

SEC. XVI. Where the duration of any office is not pre- Duration of scribed by this constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment.


ARTICLE FIFTH. SEC. I. The court for the trial of impeachments, and the Court for correction of errors, shall consist of the president of the senate, impeachthe senators, the chancellor, and the justices of the supreme the correccourt, or the major part of them; but when an impeachment errors. shall be prosecuted against the chancellor, or any justice of the supreme court, the person so impeached, shall be suspended from exercising his office; until his acquittal; and when an appeal from a decree in chancery shall be heard, the chancellor shall inform the court of the reasons for his decree, but shall have no voice in the final sentence; and when a writ of error shall be brought, on a judgment of the supreme court, the justices of that court, shall assign the reasons for their judgment, but shall not have a voice for its affirmance or reversal.

SEC. II. The assembly shall have the power of impeaching Power of all civil officers of this state for mal and corrupt conduct in ment vested office, and for high crimes and misdemeanors: but a majority sembly. of all the members elected, shall concur in an impeachment. Before the trial of an impeachment, the members of the court shall take an oath or affirmation, truly and impartially to try and determine the charge in question, according to evidence; and no person shall be convicted, without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend farther than the removal from office, and disqualification to hold, and enjoy, any office of honor, trust or profit, under this state; but the party convicted, shall be liable to indictment, and punishment, according to law.

SEC. III. The chancellor and justices of the supreme court, Chancellor, shall hold their offices during good behavior, or until they shall attain the age of sixty years.

SEC. IV. The supreme court shall consist of a chief justice, Supreme and two justices, any of whom may hold the court.

SEC. V. The state shall be divided, by law, into a conve- Circuit nient number of circuits, not less than four, nor exceeding eight, subject to alteration, by the legislature, from time to time, as the public good may require; for each of which, a circuit judge shall be appointed, in the same manner, and hold his office by the same tenure, as the justices of the supreme court; and who shall possess the powers of a justice of the supreme court at chambers, and in the trial of issues joined in the supreme court; and in courts of oyer and terminer, and gaol delivery. And such equity powers may be



vested in the said circuit judges, or in the county courts, or in such other subordinate courts, as the législature may by law direct, subject to the appellate jurisdiction of the chan

cellor. Judges of SEC. VI. Judges of the county courts, and recorders of courts, &c. cities shall hold their offices for five years, but

may be removed by the senate, on the recommendation of the governor, for

causes to be stated in such recommendation. Chancellor SEC. VII. Neither the chancellor, nor justices of the suand judges

preme court, nor any circuit judge, shall hold any other office other office.

or public trust. All votes for any elective office, given by the legislature or the people, for the chancellor, or a justice of the supreme court, or circuit judge, during his continuance in his judicial office, shall be void.

to hold on

Oath of

ARTICLE SIXTH. SEC. I. Members of the legislature, and all officers, execuotice pre tive and judicial, except such inferior officers as may by law

be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:

I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of New-York; and that I will faithfully discharge the duties of the office of

according to the best of my ability.

And no other oath, declaration, or test, shall be required as a qualification for any office or public trust.

New courts.

ARTICLE SEVENTH. SEC. I. No member of this state shall be disfranchised, or No person trahelised. deprived of any of the rights or privileges, secured to any

citizen thereof, unless by the law of the land, or the judgment

of his peers. Trial by

SEC. II. The trial by jury, in all cases in which it has been jury.

heretofore used, shall remain in violate forever; and no new court shall be instituted, but such as shall proceed according to the course of the common law; except such courts of

equity, as the legislature is herein authorised to establish. Free enjoy

SEC. III. The free exercise and enjoyment of religious pro

fession and worship, without discrimination or preference, religious worship.

shall forever be allowed in this state, to all mankind; but the liberty of conscience hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices incon

sistent with the peace, or safety of this state. Ministers of SEC. IV. AND WHEREAS, the ministers of the gospel are, the gospel to hold no by their profession, dedicated to the service of God, and the office,

cure of souls, and ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or description whatever, be

ment of


eligible to, or capable of holding, any civil or military office or place within this state.

SEC. V. The militia of this state, shall, at all times here- Militia to after be armed and disciplined, and in readiness for service; and discibut all such inhabitants of this state, of any religious denomination whatever, as from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, by paying to the state an equivalent in money; and the legislature shall provide by law, for the collection of such equivalent, to be estimated according to the expense, in time, and money, of an ordinary, able-bodied militia-man.

SEC. VI. The privilege of the writ of habeas corpus, shall Writ of not be suspended, unless when in cases of rebellion, or inva- corpus. sion, the public safety may require its suspension.

SEC. VII. No person shall be held to answer for a capital Proceedor otherwise infamous crime, (except in cases of impeach- criminal ment; and in cases of the militia, when in actual service, and cases. the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace; and in cases of petit larceny, under the regulation of the legislature;) unless on presentment, or indictment of a grand jury; and in every trial on impeachment or indictment, the party accused shall be allowed counsel as in civil actions. No person shall be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived Property of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

SEC. VIII. Every citizen may freely speak, write, and pub- Freedom of lish his sentiments, on all subjects, being responsible for the of the press abuse of that right; and no law shall be passed, to restrain, or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libels, 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 justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.

SEC. IX. The assent of two-thirds of the members elected Two-third to each branch of the legislature, shall be requisite to every bill appropriating the public monies or property, for local or private purposes, or creating, continuing, altering, or renewing, any body politic or corporate.

SEC. X. The proceeds of all lands belonging to this state, Common except such parts thereof as may be reserved or appropriated fund. to public use, or ceded to the United States, which shaīl hereafter be sold or disposed of, together with the fund denominated the common school fund, shall be and remain a perpetual fund ; the interest of which shall be inviolably appropriated and applied to the support of common schools throughout this



Rates of toll.

Rates of toll, &c. not to be re

is paid.

state. Rates of toll, not less than those agreed to by the canal commissioners, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, shall be imposed on, and collected from all parts of the navigable communications between the great western and northern lakes, and the Atlantic ocean, which now are, or hereafter shall be made and completed : and the said tolls, together with the duties on the manufacture of all salt, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen; and the duties on goods sold at auction, excepting therefrom, the sum of thirtythree thousand five hundred dollars, otherwise appropriated by the said act; and the amount of the revenue, established by the act of the legislature of the thirtieth of March, one thousand eight hundred and twenty, in lieu of the tax upon steam-boat passengers; shall be and remain inviolably appropriated and applied to the completion of such navigable communications, and to the payment of the interest, and reimbursement of the capital, of the money already borrowed, or which hereafter shall be borrowed, to make and complete the same. And neither the rates of toll on the said naviga

ble communications, nor the duties on the manufacture of canal debt salt aforesaid, nor the duties on goods sold at auction, as

established by the act of the fifteenth of April, one thousand eight hundred and seventeen, nor the amount of the revenue, established by the act of March the thirtieth, one thousand eight hundred and twenty, in lieu of the tax upon steam-boat passengers, shall be reduced or diverted, at any time before the full and complete payment of the principal and interest

of the money borrowed, or to be borrowed as aforesaid. And Salt springs the legislature shall never sell, or dispose of the salt springs sold. belonging to this state, nor the lands contiguous thereto, which

may be necessary, or convenient, for their use, nor the said navigable communications, or any part or section thereof; but the same shall be and remain the property of this state.

SEC. XI. No lottery shall hereafter be authorised in this prohibited.

state; and the legislature shall pass laws to prevent the sale of all lottery tickets within this state, except in lotteries

already provided for by law. Purchases SEC. XII. No purchase or contract for the sale of lands in

this state, made since the fourteenth day of October, one dians.

thousand seven hundred and seventy-five, or which may hereafter be made, of, or with the Indians in this state, shall be valid, unless made under the authority, and with the consent of the legislature.

SEC. XIII. Such parts of the common law, and of the acts Law and acts of the legislature of the colony of New York, as together did colonial form the law of the said colony, on the nineteenth day of

April, one thousand seven hundred and seventy-five, and the clared law. resolutions of the congress of the said colony, and of the con

vention of the state of New York, in force on the twentieth

never to be


of lands from In

Parts of the common

of the

legislature, &c, de

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