islature into not less than four or more than eight judicial districts, called Circuits, for each of which there should be appointed a Circuit Judge, who was to possess the same powers as Supreme Court Judges in the trial of cases at law. The Courts held by these judges were called Circuit Courts.

Suffrage and Elections.-A property qualification was attached to the right of suffrage, as under the Constitution of 1777, and in the case of free negroes there were additional requirements as to the ownership of property. All elections, except for town officers, were required to be by ballot. Sheriffs were made elective by counties for terms of three years, but were made ineligible to succeed themselves.

Amendments. The principal amendments to this Constitution were as follows:

1826. Property qualifications of voters were removed, except in the case of negroes.

1845. All property qualification for office-holders was abolished.

3. The Constitution of 1846.-The third Constitution contained a Bill of Rights, the provisions of which are retained in the present Constitution and will be considered in the examination of the latter document. There is one section, however, which demands a word at this place.

Lease of Agricultural Lands.-Under the Dutch and English systems for the disposition of lands, large tracts had fallen into the possession of individuals or companies, who rented farms on long-term leases, at the end of which the land and all improvements on it returned to the owner. This system became very burdensome, and

in 1839 the tenants of the Van Rensselaer estate began to resist the collection of the rents. From the contest which followed, a new political party was formed favoring the "anti-renters," as they were called, which gained such influence that a provision was inserted into the new Constitution that:

No lease or grant of agricultural lands for a longer term than twelve years, hereafter made, in which shall be reserved rent or service of any kind, shall be valid.

Legislative. Under the third Constitution, the Senate consisted of thirty-two members, elected for terms of two years, one from each of thirty-two senatorial districts, and the Assembly composed of one hundred and twentyeight members, elected annually. A majority in each house constituted a quorum, and the members were protected in the same manner as members of Congress (see Book I., pages 70, 71). Bills could originate in either house, but restrictions were placed upon the character of bills which could be passed.

Executive. The term of the Governor and LieutenantGovernor was extended to three years. The Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor were made elective officers with terms of two years.

Judicial. Under this Constitution and its amendments, the Court for the Trial of Impeachment and Correction of Errors, the Court of Chancery, and, except in New York County, the Court of Common Pleas, were abolished, and the following courts were established:

A Court for the Trial of Impeachment, composed of the president of the Senate, the Senators and the Judges

of the Court of Appeals, in which form it is continued in the present Constitution.

A Court of Appeals with appellate jurisdiction only, consisting of seven judges, elected for terms of fourteen years by the voters of the whole State.

The Supreme Court was continued, but its jurisdiction was extended so as to include that of the Circuit Courts and the Court of Chancery. The Justices of the Supreme Court, who also presided over the Courts of Oyer and Terminer, were elected for fourteen years by the voters of judicial districts, into which the State was divided.

County Courts were given the same jurisdiction as before, and County Judges were made elective for terms of six years.

Justice Courts were continued, Justices of the Peace being elected in each town for terms of four years.

Suffrage and Elections. As finally settled by the amendment of 1874, the right of suffrage was limited to male citizens, twenty-one years of age, without any property or race qualification. But the buying and selling of votes and other like offenses were declared grounds for depriving the guilty person of the right to vote at the election when the act occurred.

The Present Constitution.-The Constitution of 1846 continued in force until January 1, 1895, when it was superseded by the present Constitution, framed by a Constitutional Convention, which met at the City of Albany in the summer of 1894, and adopted by the people of the State at the general election held in November of that

year.

PART SECOND.

THE STATE GOVERNMENT.

CHAPTER I.

THE BILL OF RIGHTS.

The first article of the Constitution of the State of New York resembles the first eight amendments to the Constitution of the United States, and consists of the following provisions, intended to protect the citizen in the enjoyment of his personal rights.

*

Rights Guaranteed. No member of this State shall be disfranchised, or 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.† (Sec. 1.)

Trial by Jury. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. (Sec. 2.)

A jury may be rightfully demanded by a person charged with the commission of a crime, and in many civil actions; but the right does not extend to cases in equity.

Religious Liberty.-The free exercise and enjoyment of relig* Disfranchise.-To deprive a person of the right to vote or hold office.

+ Peers.-See Book I., page 21.

Waive. To relinquish a right which one may enforce.

ious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; 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. 3.) (See Book I., page 183.)

Habeas Corpus.-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. (See Book I., page 108.)

(Sec. 4.)

Bail; Fines.-Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained. (Sec. 5.) (See Book I., page 185.)

Rights of Accused. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of 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 any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall 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. 6.) (See Book I., page 185.)

This provision does not prevent a person accused of crime from testifying in his own behalf, but if he does so, he loses the protection given by this section and becomes subject to the same rules of examination as other witnesses.