WHEREAS the many tyrannical and oppressive usurpations of the King and Parliament of Great Britain, on the rights and liberties of the people of the American colonies, had reduced them to the necessity of introducing a govern­ment by Congresses and Committees, as tem­porary expedients, and to exist no longer than the grievances of the people should remain with­out redress.

AND WHEREAS the Congress of the colo­ny of New-York, did on the thirty-first day of May now last past, resolve as follows, viz.

"WHEREAS the present government of this colony by Congress and Committees, was instituted while the former government under the crown of Great-Britain existed in full force; and was established for the sole purpose of opposing the usurpation of the British Parliament, and was in­tended to expire on a reconciliation with Great-Britain, which it was then apprehended would soon take place, but is now considered as remote and uncertain.

"AND WHEREAS many and great in­conveniences attend the said mode of govern­ment by Congress and Committees, as of ne­cessity, in many instances, legislative, judicial, and [Page 4] executive powers have been vested therein, espe­cially since the dissolution of the former govern­ment by the abdication of the late Governor, and the exclusion of this colony from the pro­tection of the King of Great-Britain.

"AND WHEREAS the Continental Con­gress did resolve as followeth, to wit,

"AND WHEREAS doubts have arisen whether this Congress are invested with sufficient power and authority to deliberate and determine on so important a subject as the necessity of erect­ing and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion and controul whatever. —And whereas it appertains of right solely to the people of this colony to determine the said doubts, Therefore

"RESOLVED, That it be recommended to the electors in the several counties in this colony, by election in the manner and form prescribed for the election of the present Congress, either to authorize (in addition to the powers vested in this Congress) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of instituting such new govern­ment as in and by the said resolution of the Con­tinental Congress is described and recommended: And if the majority of the counties, by their de­puties in Provincial Congress, shall be of opini­on that such new government ought to be insti­tuted and established; then to institute and esta­blish such a government as they shall deem best [Page 6] calculated to secure the rights, liberties and hap­piness of the good people of this colony; and to continue in force until a future peace with Great-Britain shall render the same unnecessary. And

"RESOLVED, That the said elections in the several counties, ought to be had on such day and at such place or places, as by the Com­mittee of each county respectively shall be deter­mined. —And it is recommended to the said Com­mittees, to fix such early days for the said electi­ons, as that all the deputies to be elected have sufficient time to repair to the city of New-York by the second Monday in July next; on which day all the said deputies ought punctually to give their attendance.

"AND WHEREAS the object of the afore­going resolutions is of the utmost importance to the good people of this colony,—

"RESOLVED, That it be, and it is here­by earnestly recommended to the Committees, freeholders, and other electors in the different counties in this colony, diligently to carry the same into execution."

AND WHEREAS the good people of the said colony, in pursuance of the said resolution, and reposing special trust and confidence in the members of this Convention, have appointed, authorized and empowered them for the purpos­es, and in the manner, and with the powers in and by the said resolve specified, declared and men­tioned.

[Page 7]AND WHEREAS the delegates of the Unit­ed American States, in general Congress conven­ed, did on the fourth day of July now last past, so­lemnly publish and declare, in the words follow­ing, viz.

"WHEN in the course of human events, it be­comes necessary for one people to dissolve the poli­tical bands which have connected them with ano­ther, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a de­cent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

"We hold these truths to be self-evident, that all men are created equal, that they are en­dowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.—That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such prin­ciples, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence indeed will dictate, that governments long established should not be changed for light and transient causes, and accordingly all experience hath shewn, that man­kind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing [Page 8] the forms to which they are accustomed. But when a long train of abuses and usurpations pur­suing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the colonies; and such is now the necessity which constrains them to alter their for­mer system of government. The history of the present King of Great-Britain, is a history of re­peated injuries and usurpations, all having in di­rect object, the establishment of an absolute ty­ranny over these States. To prove this, let facts be submitted to a candid world.

"He has refused his assent to laws, the most wholesome and necessary for the public good.

"He has forbidden his Governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has ut­terly neglected to attend to them.

"He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of repre­sentation in the legislature; a right inestimable to them, and formidable to tyrants only.

"He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

[Page 9]"He has dissolved representative Houses re­peatedly, for opposing with manly firmness his invasions on the rights of the people.

"He has refused for a long time, after such dissolutions, to cause others to be elected; where­by the legislative powers, incapable of annihila­tion, have returned to the people at large, for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

"He has endeavoured to prevent the popula­tion of these States; for that purpose obstruct­ing the laws for naturalization of foreigners; re­fusing to pass others to encourage their migrati­ons hither, and raising the conditions of new ap­propriations of lands.

"He has obstructed the administration of justice, by refusing his assent to laws for establish­ing judiciary powers.

"He has made judges dependant on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

"He has erected a multitude of new offices, and sent hither swarms of officers to harrass our people, and eat out their substance.

"He has kept among us, in times of peace, standing armies, without the consent of our le­gislatures.

"He has affected to render the military independant of, and superior to, the civil power.

"He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation,

[Page 10]"For quartering large bodies of troops among us:

"For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States:

"For cutting off our trade with all parts of the world:

"For imposing taxes on us without our con­sent:

"For depriving us in many cases, of the be­nefits of trial by jury:

"For transporting us beyond seas to be tried for pretended offences:

"For abolishing the free system of English laws in a neighbouring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an ex­ample and fit instrument for introducing the same absolute rule into these Colonies:

"For taking away our Charters, abolishing our most valuable laws, and altering fundamen­tally the forms of our governments:

"For suspending our own legislatures, and declaring themselves invested with power to le­gislate for us in all cases whatsoever.

"He has abdicated government here, by de­claring us out of his protection, and waging war against us.

"He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

"He is, at this time, transporting large ar­mies of foreign mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy, [Page 11] scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized na­tion.

"He has constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall them­selves by their hands.

"He has excited domestic insurrections among us, and has endeavoured to bring on the inhabi­tants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruction, of all ages, sexes and conditions.

"In every stage of these oppressions we have petitioned for redress, in the most humble terms: Our repeated petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

"Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connection and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them as we [Page 12] hold the rest of mankind, enemies in war; in peace, friends.

"We, therefore, the Representatives of the UNITED STATES OF AMERICA, in GE­NERAL CONGRESS assembled, appealing to the Supreme Judge of the world, for the rectitude of our intentions, do, in the name and by the autho­rity of the good people of these colonies, solemn­ly publish and declare, That these United Colo­nies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown, and that all political connection between them and the State of Great-Britain, is and ought to be totally dissolved; and that as FREE AND INDE­PENDENT STATES, they have full power to le­vy war, conclude peace, contract alliances, esta­blish commerce, and to do all other acts and things which INDEPENDENT STATES may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Provi­dence, we mutually pledge to each other our lives, our fortunes, and our sacred honour."

AND WHEREAS this Convention having taken this declaration into their most serious consi­deration, did on the ninth day of July last past, una­nimously resolve, that the reasons assigned by the Continental Congress, for declaring the United Colonies, free and independent States, are cogent and conclusive: And that while we lament the cru­el necessity which has rendered that measure una­voidable we approve the same, and will at the risque [Page 13] of our lives and fortunes join the other Colonies in supporting it.

By virtue of which several acts, declarations and proceedings, mentioned and contained in the afore recited resolves or resolutions of the Gene­ral Congress of the United American States, and of the Congresses or Conventions of this State, all power whatever therein hath reverted to the people thereof, and this Convention hath by their suffrages and free choice been appointed, and among other things authorized to institute and establish such a government, as they shall deem best calculated to secure the rights and liberties of the good people of this State, most conducive of the happiness and safety of their constituents in particular, and of America in general.

I. This Convention therefore, in the name and by the authority of the good people of this State, doth ORDAIN, DETERMINE and DE­CLARE, that no authority shall on any pretence whatever be exercised over the people or mem­bers of this State, but such as shall be derived from and granted by them.

II. This Convention doth further in the name and by the authority of the good people of this State, ORDAIN, DETERMINE and DE­CLARE, that the supreme legislative power, within this State, shall be vested in two separate and distinct bodies of men; the one to be called the Assembly of the State of New-York; the other to be called the Senate of the State of New-York; who together shall form the legisla­ture, [Page 14] and meet once at least in every year for the dispatch of business.

III. AND WHEREAS, Laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly pass­ed; BE IT ORDAINED, that the Governor for the time being, the Chancellor and the Judges of the Supreme Court, or any two of them, to­gether with the Governor, shall be, and hereby are, constituted a Council to revise all bills about to be passed into laws by the legislature. And for that purpose shall assemble themselves, from time to time, when the legislature shall be con­vened; for which nevertheless, they shall not receive any salary or consideration under any pre­tence whatever. And that all bills which have passed the Senate and Assembly, shall, before they become laws, be presented to the said Coun­cil for their revisal and consideration; and if up­on such revision and consideration, it should ap­pear improper to the said Council, or a majority of them, that the said bill should become a law of this State, that they return the same, together with their objections thereto, in writing, to the Se­nate, or House of Assembly, in whichsoever the same shall have originated, who shall enter the objections sent down by the Council, at large, in their minutes, and proceed to reconsider the said bill. But if after such reconsideration, two thirds of the said Senate or House of Assembly, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approv­ed [Page 15] by two thirds of the members present, shall be a law.

And in order to prevent any unnecessary delays, BE IT FURTHER ORDAINED, that if any bill shall not be returned by the Council, within ten days after it shall have been presented, the same shall be a law, unless the legislature 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.

For the city and county of New-York,

nine;

The city and county of Albany,

ten;

The county of Dutchess

seven;

The county of West-Chester,

six;

The county of Ulster,

six;

The county of Suffolk,

five;

The county of Queens,

four;

The county of Orange,

four;

The county of Kings,

two;

The county of Richmond,

two;

The county of Tryon,

six;

The county of Charlotte,

four;

The county of Cumberland,

three;

The county of Gloucester,

two.

V. That as soon after the expiration of seven years, subsequent to the termination of the pre­sent [Page 16] war as may be, a Census of the electors and inhabitants in this State 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 encreased 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.

VI. AND WHEREAS, an opinion hath long prevailed among 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:

BE IT ORDAINED, that as soon as may be, after the termination of the present war, be­tween the United States of America and Great-Britain, an act, or acts be passed by the legisla­ture of this State, for causing all elections there­after [Page 17] 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 inconveniencies and mischiefs, unforeseen at this day, may be found to attend the said mode of electing by Ballot:

IT IS FURTHER ORDAINED, that if after a full and fair experiment shall be made of voting by Ballot aforesaid, the same 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 viva voce.

VII. That every male inhabitant of full age, who shall have personally resided within one of the counties of this State, for 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, [Page 18] or who was made a freeman of the city of New-York, 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, shall, if required by the returning officer or either of the inspectors, take an oath, or if of the people called Quakers, an affirmation, of allegiance to the State.

IX. That the assembly thus constituted, shall chuse their own Speaker, be judges of their own members, and enjoy the 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 to time constitute a House to proceed upon business.

X. 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 Senate of the State of New-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 [Page 19] election, they be divided by lot into four classes, six in each class, and numbered one, two, three and four; 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.

XII. That the election of Senators shall be after this manner; 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 western district six, and in the eastern district three. And BE 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 [Page 20] 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 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 business, and that the Senate shall in like man­ner with the assembly, be the judges of its own members. And BE IT ORDAINED, that it shall be in the power of the future legislatures of this State for the convenience and advantage of the good people thereof, to divide the same into such further and other counties and districts, as shall to them appear necessary.

XIII. And this Convention doth further, in the name and by the authority of the good peo­ple of this State, ORDAIN, 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 constitution, unless by the law of the land, or the judgment of his peers.

XIV. That neither the assembly or the senate shall have power to adjourn themselves for any longer time than two days, without the mutual consent of both.

XV. That whenever the Assembly and Senate disagree, a conference shall be held in the presence of both, and be managed by Committees to be by them respectively chosen by ballot. That the [Page 21] doors both of the Senate and Assembly shall at all times be kept open to all persons, except when the welfare of the State shall require their debates to be kept secret. And the Journals of all their proceedings shall be kept in the manner hereto­fore accustomed by the General Assembly of 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 Senators shall never exceed one hun­dred, nor the number of Assembly three hundred; but that whenever the number of 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 thereafter, 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 for ever remain proportion­ate and adequate.

XVII. 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 supreme executive power, and authority of this State, shall be vest­ed in a Governor; and that statedly once in eve­ry three years, and as often as the seat of govern­ment shall become vacant, a wise and discreet [Page 22] 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 Governor thereof.

XVIII. That the Governor shall continue in office three 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 suspend 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.

XIX. That it shall be the duty of the Gover­nor to inform the legislature, at every sessions, 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 [Page 23] executed to the best of his ability; and to expe­dite all such measures as may be resolved upon by the legislature.

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 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 voice in their decisions, but not vote on any other occasion.

And in case of the impeachment of the Gover­nor, or his 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.

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, [Page 24] 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 suceeding 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 g [...]at 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 [Page 25] 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 behaviour, or until they shall have respectively attained the age of sixty 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 probates, 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 [Page 26] of those, by whom they are to be appointed, as aforesaid.

And that all Attorneys, Solicitors and Coun­sellors 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 Appointment: 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 and 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 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 [Page 27] 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 stile 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 [Page 28] 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, be 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 judge­ment of the said court shall be valid, unless it shall 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 or enjoy any place of honour, 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 [Page 29] 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 nineteenth 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 farther 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.

[Page 30]XXXVI. AND BE IT FURTHER OR­DAINED, that all grants of land 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 mis-user of any of their respective rights or privileges, between the nineteeeth 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 practised to­wards the said Indians, in contracts made for [Page 31] 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 for ever 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 cure of souls, and ought not to be diverted from the great duties of [Page 32] their function; therefore no minister of the gos­pel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence 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 defence; 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 [...] of the good people of this State, doth 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, for ever hereafter, at the expence 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 [Page 33] 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 abjure and renounce all allegiance and subjection to all and every foreign King, Prince, Potentate and State, in all matters ecclesiastical as well as civil.