A history of the state of New York, from the first discovery of the country to the present time: with a geographical account of the country, and a view of its original inhabitants, Part 26

Author: Eastman, Francis Smith, 1803-1846 or 7
Publication date: 1832
Publisher: New York, A. K. White
Number of Pages: 930


USA > New York > A history of the state of New York, from the first discovery of the country to the present time: with a geographical account of the country, and a view of its original inhabitants > Part 26


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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SEC. IV. Ail 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 .- Executive.


. SEC. I. The executive power shall be vested in a govern- or. He shall hold his office for two years ; and a lieutenant- governor shall be chosen at the same time, and for the same term.


SEC. Il. No person, except a native 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 be a free- holder, and shall not have attained the age of thirty years, and have been five years a resident within this state, unless he shall have been absent during that time, on public business of the United States, or of this state.


SEC. III. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the legislature. The persons 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 lieutenant- governor, the two houses of the legislature shall, by joint ballot, . choose one of the said persons so having an equal and the highest number of votes for governor or lieutenant-governor.


SEC. IV. The governor shall be general and commander- in-chief of all the militia, and admiral of the navy of the state. He shall have power to convene the legislature (or the senate only) on extraordinary occasions. He shall communi- cate by message to the legislature, at every session, the condi- tion 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 faith- fully executed. Ile shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected.


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SEC. V. The governor shall have power to grant reprieves and pardons after conviction, for all offences except treason and cases of impeachment. Upon convictions for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the legislature at its next. meeting ; when the legislature shall either pardon, or direct the execution of the criminal, or grant a further reprieve.


SEC. VI. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the governor absent or impeached shall return, or be acquitted. But when the governor shall, with the consent of the legisla- ture, be out of the state in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the state.


SEC. VII. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy of the office of governor, the lieutenant- governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall act as governor until the vacancy shall be filled, or the disability shall cease.


ARTICLE IV .- Appointments and Choice.


SEC. I. Militia officers shall be chosen or appointed as follows :-


Captains, subalterns and non-commissioned officers shall De chosen by the written votes of the members of their re- spective companies ; field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments and separate battalions; brigadier- generals, by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff officers of their respective divisions, brigades, regiments or separate battalions.


SEC. II. The governor shall nominate, and, with the


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consent of the senate, appoint all major-generals, brigade in- spectors, and chiefs of the staff departments, except the adju- tant-general and commissary-general. The adjutant-general shall be appointed by the governor.


SEC. III. The legislature shall, by law, direct the time . and manner of electing militia officers, and of certifying their elections to the governor.


SEC. IV. The commissioned officers of militia shall be commissioned by the governor ; and no commissioned officer shall be removed from office, unless by the senate, on the recommendation of the governor, stating the grounds on which such removal is recommended ; or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions, subject to removal as before provided. 1


Src. V. In case the mode of election and appointment of militia officers hereby directed shall not be found conducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and re- moval, if two thirds of the members present in each house shall concur therein.


SEC. VI. . The secretary of state, comptroller, treasurer, attorney-general, surveyor-general, and commissary-general, shall be appointed as follows : the senate and assembly shall each openly nominate one person for the said offices respec- tively ; after which, they shall meet together, and, if they shall agree in their nominations, the persons so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the senators and members of assembly. The treasu- rer shall be chosen annually. The secretary of state, comp- troller, attorney-general, surveyor-general, and commissary- general, shall hold their offices for three years, unless sooner removed by concurrent resolution of the senate and assembly.


SEC. VII. The governor shall nominate, by message in writing, and with the consent of the senate, shall appoint all judicial officers, except justices of the peace, who shall be appointed in the manner following, that is to say : The board


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of supervisors in every county in this state shall, at such times as the legislature may direct, meet together ; and they, or a majority of them so assembled, shall nominate so many per- sons as shall be equal to the number of the justices of the peace, to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons; . and it shall be the duty of the said board of supervisors, and judges of the county courts, to compare such noniinations, at such a time and place as the legislature may direct ; and if, on such comparison, the said boards of supervisors and judges of county courts shall agree in their nominations, in all or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county ; and . the person or persons named in such certificates shall be justices of the peace : and, in case of disagreement in whole or in part, it shall be the further duty of the said boards of supervisors and judges respectively, to transmit their said nominations, so far as they disagree in the same, to the govern- or, who shall select from the said nominations, and appoint so many justices of the peace as shall be requisite to fill the va- cancies. Every person appointed a justice of the peace shall hold his office for four years, unless removed by the county court for causes particularly assigned by the judges of the said court. And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defence.


SEC. VIII. Sheriffs, and clerks of counties, including the register and clerk of the city and county of New York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall happen. Sheriff's shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security from time to time; and, in default of giving such new security, their office shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. And the governor may remove any such sheriff, clerk, or register, at any time within the three years for which he shall be elected, giving to such


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sheriff, clerk, or register, a copy of the charge against him, and an opportunity of being heard in his defence, before any removal shall be made.


SEC. IX. The clerks of courts, except those clerks whose appointment is provided for in the preceding section, shall be appointed by the courts of which they respectively are clerks; and district-attorneys by the county courts. Clerks of courts and district-attorneys shall hold their offices for three years, unless sooner removed by the courts appointing them.


SEC. X. The mayors of all the cities in this state shall be appointed annually, by the common councils of the respective cities.


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


SEC. XII. The governor shall nominate, and, with the consent of the senate, appoint masters and examiners in chancery, who shall hold their offices for three years, unless sooner removed by the senate, on the recommendation of the governor. The registers and assistant registers shall be ap- pointed by the chancellor, and hold their offices during his pleasure.


SEC. XIII. The clerk of the court of oyer and terminer, and general sessions of the peace, in and for the city and county of New York, shall be appointed by the court of general sessions of the peace in said city, and hold his office during the pleasure of the said court; and such clerks and other officers of courts, whose appointment is not herein pro- vided for, shall be appointed by the several courts, or by the governor, with the consent of the senate, as may be directed by law.


SEC. XIV. The special justices, and the assistant justices, and their clerks, in the city of New York, shall be appointed by the common council of the said city, and shall hold their offices for the same term that the justices of the peace, in the other counties of this state, hold their offices, and shall be removable in like manner.


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SEC. XV. All officers heretofore elective by the people, shall continue to be elected; and all other officers, whose appointment is not provided for by this constitution, and all officers whose offices may be hereafter created by law, shall be elected by the people, or appointed, as may by law be directed.


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


ARTICLE V .- Courts.


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


SEC. II. The assembly shall have the power of impeaching all civil officers of this state for mal and corrupt conduct in office, and for high crimes and misdemeanors; 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 further than the removal from office, and disqualification to hold, and enjoy, any office of honor, trust, or profit, under this state; but the party convict-


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ed shall be liable to indictment, and punishment, according to law.


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


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


SEC. V. The state shall be divided, by law, into a conven- ient number of circuits, not less than four, nor exceeding eight, subject to alteration by the legislature, from time to time, as the public good may require; for each of which a circuit judge shall be appointed, in the same manner, and hold his office by the same tenure, as the justices of the supreme court ; and who shall possess the powers of a justice of the supreme court at chambers, and in the trial of issues joined in the su- preme court, and in courts of oyer and terminer and jail deliv- ery. And such equity powers may be vested in the said circuit judges, or in the county courts, or in such other subordinate courts as the legislature may by law direct, subject to the ap- pellate. jurisdiction of the chancellor.


SEC. VI. Judges of the county courts, and recorders of . citics, 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. Neither the chancellor nor justices of the su- preme court, nor any circuit judge, shall hold any other office or public trust. All votes for any elective office, given by the legislature, or the people, for the chancellor, or a justice of the supreme court, or circuit judge, during his continuance in his judicial office, shall be void. .


ARTICLE VI .- Oath of Office.


SEC. I. Members of the legislature, and all officers, execu- tive and judicial, except such inferior officers as may by law be exempted, shall, before they enter on the duties of their re- spective 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


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that I will faithfully discharge the duties of the office of - according to the best of my ability." 1


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


ARTICLE VII .- Rights and Prohibitions.


SEC. I. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citi- zen thereof, 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 inviolable 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 for ever be allowed in this state to all mankind; but the liberty of conscience hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices incon- sistent with the peace or safety of this state.


SEc. IV. 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 their functions; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this state.


SEc. V. The militia of this state shall, at all times here- after, be armed and disciplined, and in readiness for service : but all such inhabitants of this state, of any religious denomi- nation 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 es- timated according to the expense, in time and money, of an ordinary able-bodied militia man.


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SEC. VI. The privilege of the writ of habeas corpus shall not be suspended, unless wlien, in cases of rebellion, or inva- sion, 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 impeach- ment, 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 leg- islature,) 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 depriv- ed of life, liberty, or property, without due process of law : Nor shall private property be taken for public use, without just compensation.


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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 pros- ecutions 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 moneys or property, for local or private purposes, or creating, continuing, altering or renewing any body politic or corporate.


SEC. X. The proceeds of all lands belonging to this state, except such parts thereof as may be reserved or appropriated to public use, or ceded to the United States, which shall here- after be sold or disposed of, together with the fund denomina- ted the common school fund, shall be and remain a perpetual


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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 legis- lature of the 12th 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 es- tablished by the act of the 15th of April, one thousand eight hundred and seventeen ; and the duties on goods sold at auc- tion, 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 legis- lature of the 30th 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 com- pletion 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 communications, nor the duties on the manufacture of salt aforesaid, nor the duties on goods sold at auction, as established by the act of the 15th of April, one thousand eight hundred and seventeen, nor the amount of the revenue established by the act of March the 30th, one thou- sand eight hundred and twenty, in lieu of the tax upon steam- boat passengers, shall be reduced or diverted, at any timo 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 nor dispose of the salt springs belonging to this state, nor the lands contiguous there- to, which may be necessary or convenient for their use ; nor the said navigable communications, nor any part or section_ thereof; but the same shall be, and remain the property of this state.


SEC. X1. No lottery shall hereafter be authorized in this state ; and the legislature shall pass laws to prevent the sale 20 *


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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 14th day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, of, or with the Indians, in this state, shall be valid, unless made under the authority and with the consent of the legis- lature.


SEC XIII. 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 19th day of April, one thousand seven hundred and seventy-five, and the resolu- tions of the congress of the said colony, and of the convention of the state of New York, in force on the 20th 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 con- tinue the law of this state, subject to such alteration 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 ab- rogated.


SEC. XIV. All grants of land within this state, made by the king of Great Britain, or persons acting under his author- ity, after the 14th 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 predeces- sors, or shall annul any chiarters 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 act- ing under its authority; or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corpo- rate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.


ARTICLE VIII .- Amendments.


SEc. I. Any amendment or amendments to this constitution may be proposed in the senate or assembly; and if the same


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shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amend- ments 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 amend- ments shall be agreed to by two thirds of all the members elected to each house, then it shall be the duty of the legisla- ture to subinit 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.




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