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 judges 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 all officers of this state for misconduct in office: but a majority 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 honour, 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 judges of the supreme court, shall hold their offices during good behaviour, or until they shall attain the age of sixty years. SEC. IV. The supreme court shall consist of a chief justice, and two justices.

SEC. V. The state shall be divided, by law, into a convenient number of districts, 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 district 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 shall preside in courts of oyer and terminer and general gaol delivery. And such equity powers may be vested in the said district judges, and in the county courts, or in such other subordinate courts, as the legislature may by law direct, subject to the appellate jurisdiction of the chancellor.

SEC. VI. Judges of the county courts, and recorders of 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.

SEC. VII. The chancellor and judges of the supreme court, shall not hold any other office or public trust.

ARTICLE SIXTH.

SEC. I. Members of the legislature, and all officers, executive 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.

ARTICLE SEVENTH.

SEC. I. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to the citizens of this state by this constitution, unless by the law of the land, or the judgment of his peers.

SEC. II. The trial by jury in all cases in which it has been heretofore used, shall remain inviolate for ever; 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 authorized to establish.

SEC. III. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, 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 inconsistent with the peace or safety of this state.

SEC. IV. No minister of religion, or priest of any denomination whatever, shall hold any civil or military office or place in this state.

SEC. V. The militia of this state, shall, at all times hereafter, be armed and disciplined, and in readiness for service; but 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 tine, and money, of an ordinary able bodied militia man.

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

SEC. VII. No person shall be held to answer for a capital, or otherwise infamous crime, except in cases of impeachment, and in cases of the militia, when in actual service, and 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 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 publish his sentiments, on all subjects, being responsible for the 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 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, or which may hereafter belong to this state, except such parts thereof as may be reserved or appropriated to public use, or ceded to the United States, which shall 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 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 thirty-three 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 navigable com, munications, nor the duties on the manufacture of 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 esta. blished 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 the legislature shall never sell or dispose of the salt springs 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 authorized in this 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.

SEC. XII. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven bundred and seventyfive, 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 of England, 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, one thousand seven hundred and seventyfive, and the resolutions of the Congress of the said colony, and of the convention of the state of New-York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired or been repealed, or altered; and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.

SEC. XIV. 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 nothing contained in this constitution, shall affect any grants of land within this state, made by the authority of the said King or his predecessors, or shall annul any charters to bodies politic or corporate, by him or them, made before that day or shall affect any such grants or charters since made by this state, or by persons acting under its authority; or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or proceedings in courts of justice.

::

ARTICLE EIGHTH.

SEC. I. Any amendment, or amendments, to this constitution, may be proposed in the senate or assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment, or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen; and shall be published for three months previous to the time of making such choice, and if, in the legislature next chosen as aforesaid, such proposed amendment, or amendments, shall be agreed to, by two thirds of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment, or amendments, to the people, in such manner, and at such time, as the legislature shall prescribe; and if the people shall approve and ratify such amendment, or amendments, by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment, or amendments, shall become part of the constitution.

ARTICLE NINTH.

SEC. I. This constitution shall be in force after the last day of December, in the year one thousand eight hundred and twenty-two. But such parts of the same as respect the right of suffrage, and the elections to be held on the first Monday of November in the year last mentioned, shall take effect on that day. And sheriffs, clerks of counties, and coroners, shall then be elected; but they shall not enter on the duties of their offices before the first day of January next following. All persons in office on the last day of December in the year one thousand eight hundred and twenty-two, shall hold their offices until the same shall be filled in pursuance of this constitution.

SEC. II. The existing laws relative to the manner of holding and conducting elections, and making returns, shall be in force in respect to the elections

to be held on the first Monday of November, one thousand eight hundred and twenty-two, so far as the same are applicable. And the present legislature may pass farther laws for the execution of the provisions of this constitution, in respect to the elections to be then held.

Mr. SANFORD remarked, that the committee had made out two copies of the report, one of which was then in the hands of the printer, and would be ready for the use of the members by 5 o'clock in the afternoon.

MR. BUEL, from the committee, hoped the Convention would not think proper to enter upon the consideration of the report, till the whole of it was printed and laid on the table, as it would be impossible to act on it intelligibly, unless the whole was seen and taken up in connexion.

GEN. KOOT called for the reading again of that section, recognizing the common law of England, and the colonial laws and statutes, so far as recognized by the present constitution. He believed the recognition unnecessary.

The section was read, and MR. BUEL explained. He thought it would be dangerous to strike out this recognition, without knowing what laws and statutes it would affect.

Mr. R. said that four or five editions of the laws now in force in this state, had been published, none of which contained any laws, that had not been reenacted-some of them several times.

MR. JAY remarked, that in Varick and Jones' edition of revised laws, there were several which had not been re-enacted.

MR. VAN VECHTEN was opposed to sweeping off, without examination, all colonial laws and statutes, some of which might have a bearing, of which we are wholly ignorant.

GEN. ROOT could not consent to send a constitution to the people, which recognized English statutes.

MR. WHEATON stated, that having had the honour to be a member of the select committee to which this important subject had been referred, he hoped that when the Convention acted on it, they would proceed in something like a regular manner. He wished the articles to be taken up in a regular order, as they stood in the report; as it would be found that the committee had transposed the different parts of the old constitution as well as of the new; and changed not a little of the style and phraseology of both. This was a task of much more difficulty than, possibly, the house supposed, when it was confided to the select committee, who had anxiously endeavoured, and used all possible diligence to accom、 plish with accuracy the work in the very limited time which was allowed them for that purpose. It was necessary for them to use very great caution in abrogating any particular portion of the old constitution, as the rights of property and of public and private corporations might be affected by it in a manner that could not now be anticipated. With this view, the committee had inserted a sav. ing clause for all existing laws, and charters, and grants of land, which might possibly be impaired by this transition from the old to a new government. But the gentleman from Delaware would find, on a comparison of the old and new constitutions, that no British statutes whatever, were revived or confirmed by the report; which was strictly confined to the existing laws of the state. To give time for such a comparison of every part of both instruments, it was necessary that the members of the Convention should have them, in print, on their table; they could then proceed with that deliberation which ought to characterize the discussions of this body.

The subject was thereupon postponed till it shall be brought up in order before the Convention.

MR. STEELE offered the following resolution :

Resolved, That a respectful address be presented to the people of this state, with the constitution that shall be approved by this Convention, and that a com mittee of members be appointed to draft and report the same.

After some discussion by Messrs. Sharpe, J. R. Van Rensselaer, Buel, Birdseye, Van Vechten, Root, and N. Williams, in which the resolution was

supported on the ground of its being proper for the people to have a full expression of the sentiments of this Convention, and of its being customary in such cases; and opposed upon the ground that the people had a fair expression of the sentiments of the Convention in the amended constitution itself, and that if any other explanations were necessary, an address might be made by individuals in an unofficial capacity; the question was taken by ayes and noes, and decided in the affirmative, as follows:

AYES.-Messrs. Barlow, Beckwith, Bowman, Briggs, Brinkerhoff, Brooks, Burroughs, Carver, Case, Child, R. Clarke, Collins, Dubois, Dyckman, Eastwood, Fairlie, Featon, Frost, Hogeboom, Howe, Hunt, Hunting, Knowles, Lefferts, A. Livingston, P. R. Livingston, M'Call, Moore, Nelson, Park, Pitcher, Porter, Pumpelly, Radcliff, Richards, Rockwell, Root, Rosebrugh, Ross, Russell, Sage, N. Sanford, R. Sandford, Schenck, Seaman, Seely, Sharpe, Sheldon, Starkweather, Steele, Swift, Taylor, Townley, Townsend, Tuttle, Verbryck, Ward, A. Webster, Wheeler, N. Williams, Woods, Young.-61. NOES.-Messrs. Bacon, Baker, Birdseye, Buel, Clyde, Duer, Edwards, Hallock, Hees, Hunter, Huntington, Jay, Jones, King, Lansing, Lawrence, Millikin, Munro, Paulding, Rhinelander, Rogers, Sanders, I. Smith, R. Smith, Stagg, Sylvester, Ten Eyck, Van Fleet, Van Horne, Van Ness, J. R. Van Rensselaer, Van Vechten, E. Webster, Wendover, Wheaton, E. Williams, Woodward, Wooster, Yates.-39.

On motion, it was decided, that the committee to draft the address consist of three, and the President named Messrs. Root, Hunting, and Steele to compose the said committee. Adjourned to 10 o'clock to-morrow morning.

THURSDAY, NOVEMBER 8, 1821.

The Convention met as usual, and the minutes of yesterday were read and approved.

MR. N. WILLIAMS offered the following resolution :

"Ordered, That the re-printing of the journals of 1801, which has been done for the use of this Convention, be charged to the contingent expenses attendant on their proceedings." Carried.

The Convention then went into committee of the whole, on the report of the select committee to whom was referred the subject of incorporating and consolidating into an amended constitution, all the sections and provisions to the existing constitution which are not modified, altered, or abolished; together with the alterations and amendments approved, or to be approved by this Convention-Mr. Lawrence in the chair.

The first six sections of the report on the legislative power were read, and with a few verbal amendments passed.

The seventh section, (relative to members of assembly,) was read, when MR. RUSSELL moved to strike out all that part of the section after the word "taken," in the tenth line, to the word "every," in the seventeenth line, and to insert in licu thereof as follows:

And until an apportionment of members of assembly be made by the legisla ture, according to the provisions of this constitution, the members of assembly shall be chosen in the respective counties, in the proportions following, to wit:

"Albany 3, Allegany 1, Broome 1, Cayuga 4, Chenango 3, Chautauque 1, Clin. ton 1, Columbia 3, Cortland 2, Cattaraugus 1, Delaware 2, Dutchess 4, Essex 1 Erie 1, Franklin 1, Genesee 4, Greene 2, Herkimer 3, Jefferson 3, Kings 1, Living. ston 2, Lewis 1, Madison 3, Monroe 3, Montgomery and Hamilton 4, Niagara 1, New-York 10, Oneida 5, Orange 4, Onondaga 4, Ontario 6, Otsego 4, Oswego 1, Putnam 1, Queens 2, Rensselaer 4, Richmond 1, Rockland 1, Saratoga 3, Schenectady 1, Seneca 2, Schoharie 2, St. Lawrence 1, Steuben 2, Suffolk 2, Sullivan 1, Tioga 2, Tompkins 2, Ulster 3, Warren 1, Washington 4, Westchester 3."

A discussion ensued, in which Messrs. N. Sanford, Buel, Sharpe, Wheeler, Birdseye, Radcliff, King, Cramer, Van Vechten, Young, and Root, took part,