from In seventy-five; or which may hereafter be made, of, or with the Indians, dians void. shall be valid, unless made under the authority and with the consent of the legislature. Parts of the common law, acts and statutes de clared to be law. Code. Grants of land by the king of Great Britain void. Certain rights not affected. Qualification of electors. § 17. Such parts of the common law, 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 seventy-five, 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on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed, or altered; and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as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; and the legislature, at its first session after the adoption of this constitution, shall appoint three commissioners, whose duty it shall be to reduce into a written and systematic code the whole body of the law of this state, or so much and such parts thereof as to the said commissioners shall seem practicable and expedient. And the said commissioners shall specify such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the legislature, when called upon to do so; and the legislature shall pass laws regulating the tenure of office, the filling of vacancies therein, and the compensation of the said commissioners; and shall also provide for the publication of the said code, prior to its being presented to the legislature for adoption. § 18. 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 and 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 this state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice. ARTICLE II. SECTION 1. Every male citizen of the age of twenty-one years, who shall have been a citizen for ten days, and an inhabitant of this state one year next preceding any election, and for the last four months a resident of the county where he may offer his vote, shall be entitled to vote at such election in the election district of which he shall at the time be a resident, and not elsewhere, for all officers that now are or hereafter may be elected by the people; but such citizen shall have been for thirty days next preceding the election, a resident of the district from which the officer is to be chosen for whom he offers his vote. But no man of color, unless he for persons shall have been for three years a citizen of this state, and for one year next preceding any election shall have been seized 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 such election. And no person of color shall be subject to direct taxation unless he shall be seized and possessed of such real estate as aforesaid.* Freehold of color. [The following amendment was adopted in March, 1864:] Section one of article two is hereby amended by adding at the end thereof the following words: be ex § 2. Laws may be passed, excluding from the right of suffrage all per- Who may sons who have been or may be convicted of bribery, larceny, or of any in- cluded famous crime; and for depriving every person who shall make, or become from suffrage. directly or indirectly interested in, any bet or wager depending upon the result of any election, from the right to vote at such election. of voters. §3. For the purpose of voting, no person shall be deemed to have gained Residence or lost a residence, by reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison. § 4. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established. § 5. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen. ARTICLE III. Proofs of right to vote. Ballot. SECTION 1. The legislative power of this state shall be vested in a sen- Legislature ate and assembly. § 2. The senate shall consist of thirty-two members, and the senators Senate, shall be chosen for two years. number of. The assembly shall consist of one hundred and twenty-eight members, Assembly, who shall be annually elected. The districts number of. districts. § 3. The state shall be divided into thirty-two districts, to be called Senatorial senate districts, each of which shall choose one senator. shall be numbered from one to thirty-two inclusive. District number one (1) shall consist of the counties of Suffolk, Rich- No. 1. mond, and Queens. No. 2. District number two (2) shall consist of the county of Kings. District number three (3), number four (4), number five (5), and num- Nos. 3, 4, ber six (6), shall consist of the city and county of New York; and the 5, 6. board of supervisors of said city and county shall, on or before the first day of May, one thousand eight hundred and forty-seven, divide the said city and county into the number of senate districts to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens and persons of color not taxed, and consisting of convenient and contiguous territory; and no assembly district shall be divided in the formation of a senate district. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and boundaries of each district and the population thereof, to be filed in the office of the secretary of state, and of the clerk of the said city and county. District number seven (7) shall consist of the counties of Westchester, No. 7. Putnam and Rockland. District number eight (8) shall consist of the counties of Dutchess and No. 8. Columbia. District number nine (9) shall consist of the counties of Orange and No. 9. Sullivan. District number ten (10) shall consist of the counties of Ulster and No. 10. Greene. District number eleven (11) shall consist of the counties of Albany and No. 11. Schenectady. District number twelve (12) shall consist of the county of Rensselaer. No. 12. the army or navy thereof, shall be deprived of his vote by reason of his absence from the state; and the legislature shall have power to provide the manner in which and the time and place at which such electors may vote, and for the canvass and returns of their votes in the election districts in which they respectively reside, or otherwise. No. 13. No. 14. No. 15. No. 16. 1 , No. 17. No. 18. No. 19. No. 21. No. 22. No. 23. No. 24. No. 25. No. 26. No. 27. No. 28. No. 29. No. 30. No. 31. Census, taken. Senate districts altered. District number thirteen (13) shall consist of the counties of Washington and Saratoga. District number fourteen (14) shall consist of the counties of Warren, Essex and Clinton. District number fifteen (15) shall consist of the counties of St. Lawrence and Franklin. District number sixteen (16) shall consist of the counties of Herkimer, Hamilton, Fulton and Montgomery. District number seventeen (17) shall consist of the counties of Schoharie and Delaware. District number eighteen (18) shall consist of the counties of Otsego and Chenango. District number nineteen (19) shall consist of the county of Oneida. District number twenty (20) shall consist of the counties of Madison and Oswego. District number twenty-one (21) shall consist of the counties of Jefferson and Lewis. District number twenty-two (22) shall consist of the county of Onondaga. District number twenty-three (23) shall consist of the counties of Cortland, Broome and Tioga. District number twenty-four (24) shall consist of the counties of Cayuga and Wayne. District number twenty-five (25) shall consist of the counties of Tompkins, Seneca and Yates. District number twenty-six (26) shall consist of the counties of Steuben and Chemung. District number twenty-seven (27) shall consist of the county of Mon roe. District number twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara. District number twenty-nine (29) shall consist of the counties of Ontario and Livingston. District number thirty (30) shall consist of the counties of Allegany and Wyoming. District number thirty-one (31) shall consist of the county of Erie. District number thirty-two (32) shall consist of the counties of Chautauqua and Cattaraugus. § 4. An enumeration of the inhabitants of the state shall be taken, unwhen to be der the direction of the legislature, in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed; and shall remain unaltered until To remain the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district, except such county shall be equitably entitled to two or more senators. unaltered. Members of be appor tioned. Supervisors to divide The § 5. The members of assembly shall be apportioned among the several assembly to counties of this state, by the legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens, and persons of color not taxed, and shall be chosen by single districts. several boards of supervisors in such counties of this state, as are now entitled to more than one member of assembly, shall assemble on the first Tuesday of January next, and divide their respective counties into assembly districts, equal to the number of members of assembly to which such counties are now severally entitled by law, and shall cause to be filed county into assembly districts. in the offices of the secretary of state and the clerks of their respective counties, a description of such assembly districts, specifying the number of each district and the population thereof, according to the last preceding state enumeration, as near as can be ascertained. Each assembly district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, and persons of color not taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of assembly districts. appor The legislature, at its first session after the return of every enumera- Members tion, shall re-apportion the members of assembly among the several coun- to be reties of this state, in manner aforesaid: and the boards of supervisors tioned. in such counties as may be entitled, under such re-apportionment, to more than one member, shall assemble at such time as the legislature Districts to making such re-apportionment shall prescribe, and divide such counties be altered. into assembly districts, in the manner herein directed; and the apportionment and districts so to be made shall remain unaltered until To remain unaltered. another enumeration shall be taken, under the provisions of the preceding section. Every county heretofore established and separately organized, except Each counthe county of Hamilton, shall always be entitled to one member of the to one assembly, and no new county shall hereafter be erected, unless its popula- member tion shall entitle it to a member. The county of Hamilton shall elect Hamilton. with the county of Fulton, until the population of the county of Hamil- Hamilton ton shall, according to the ratio, be entitled to a member. ty entitled except elect with Fulton. § 6. The members of the legislature shall receive for their services a Pay of sum not exceeding three dollars per day, from the commencement of the members. session, but such pay shall not exceed in the aggregate three hundred dollars per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten Mileage. miles they shall travel, in going to and returning from their place of meeting on the most usual route. The speaker of the assembly shall, in virtue of his office, receive an Speaker's additional compensation equal to one-third of his per diem allowance as compensa. a member. tion. to receive § 7. No member of the legislature shall receive any civil appointment No member within this state, or to the senate of the United States, from the governor, appointthe governor and senate, or from the legislature, during the term for ment. which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appointment, shall be void. member. § 8. No person being a member of congress, or holding any judicial or who canmilitary office under the United States, shall hold a seat in the legisla- note a ture; and if any person shall, after his election as 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. annual § 9. The elections of senators and members of assembly, pursuant to Time of the provisions of this constitution, shall be held on the Tuesday suc- election. ceeding the first Monday of November, unless otherwise directed by the legislature. each house. § 10. A majority of each house shall constitute a quorum to do busi- Powers of ness. Each house shall determine the rules of its own proceedings, and Contested be the judge of the elections, returns, and qualifications of its own members; shall choose its own officers; and the senate shall choose a tempo seats. be kept. rary president, when the lieutenant-governor shall not attend as president, or shall act as governor. Journals to § 11. Each house shall keep a journal of its proceedings, and publish. the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. Freedom in debate. Bills may originate in either house. Enacting clause of bills. Majority of members elected required to pass bills. Private or local bills. Local legis lation. Executive power. Qualifica tions of governor. governor and lieu § 12. For any speech or debate in either house of the legislature, the members shall not be questioned in any other place. § 13. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended by the other. § 14. The enacting clause of all bills shall be "The People of the State of New York, represented in senate and asser..bly, do enact as follows," and no law shall be enacted except by bill. § 15. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the legislature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal. § 16. No private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title. § 17. The legislature may confer upon the boards of supervisors of the several counties of the state, such further powers of local legislation and administration, as they shall from time to time prescribe. ARTICLE IV. SECTION 1. The executive power shall be vested in a governor, who shall hold his office for two years; a lieutenant-governor shall be chosen at the same time and for the same term. § 2. No person, except a citizen of the United States, shall be eligible to the office of governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been, five years next preceding his election, a resident within this state. Election of § 3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the assembly. The persons tenant-gov 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, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for governor, or lieutenantgovernor. ernor. Powers of gov ernor. § 4. The governor shall be commander-in-chief of the military and and duties naval forces of the state. 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 Compensa executed. He shall, at stated times, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election, or during his continuance in office. Pardoning § 5. The governor shall have the power to grant reprieves, commutations, and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulation as may be provided by law relative to the manner of applying for pardons. tion. power. |