The American Founding: New York State Constitution
Constitution of New York
In Convention of the Representatives of this State of New York
Kingston, April 20, 1777
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 executive popovers 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:
" 'Whereas His Britannic Majesty, in conjunction with the lords and commons of Great
Britain, has, by a late act of Parliament, excluded the inhabitants of these united
colonies from the protection of his Crown; and whereas no answers whatever to the
humble petition of the colonies for redress of grievances end reconciliation with
Great Britain has been, or is likely to be, given, but the whole force of that kingdom,
aided by foreign mercenaries, is to be exerted for the destruction of the good people
of these colonies; and whereas it appears absolutely irreconcilable to reason and
good conscience for the people of these colonies now to take the oaths and affirmations
necessary for the support of any government under the Crown of Great Britain, and
it is necessary that the exercise of every kind of authority under the said Crown
should be totally suppressed, and all the popovers of government exerted under the
authority of the people of the colonies for the preservation of internal peace, virtue,
and good order, as well as for the defense of our lives, liberties, and properties,
against the hostile invasions and cruel depredations of our enemies: Therefore,
" 'Resolved, That it be recommended to the respective assemblies and conventions
of the United colonies, where no government sufficient to the exigencies of their
affairs has been hitherto established, to adopt such government as shall, in the opinion
of the representatives of the people, best conduce to the happiness and safety of
their constituents in particular, and America in general.'
"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 control 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 calculated to secure the rights, liberties, and happiness of the good people
of this colony; and to continue in force until a future peace w ith 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 Foregoing 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.
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 edect 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 shown that mankind are more disposed to
suffer, while evils are sufferable, than to right themselves by abolishing 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 these
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.
"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 endeavored 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 dependent 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
harass 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 independent 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:
"For quartering large bodies of troops among us:
"For protecting them, by a mock trial, from punishment for any murders 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 neighboring province, establishing
therein an arbitrary government, and enlargiIlg itS boundaries, so as to render it
at once an example and fit instrumellt 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 complete
the work of death, desolation, and tyranny, already lies on with circumstances of
cruelty and perfidy 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 Lands.
"He has excited domestic insurrections amongst us, and has endeavored 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 m 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 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
honor."
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 risk of our lives and fortunes, join with the other colonies in supporting
it
By virtue of which several acts, declarations, and proceedings mentioned and contained
in the afore-cited 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
presence 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, and meet once at
least in every year for the despatch 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 presence 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 which soever the same shall have
originated) who shall enter the objection 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 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 Westchester, 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.
Tryon County,(2) six.
Charlotte County,(3) four.
Cumberland County,(4) three.
Gloucester County,(5) two.
V. That as soon after the expiration of seven years (subsequent to the termination
of the present war) as may be a census of the electors and inhabitants in this State
be taken, under the direction of the legislature.(6) 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 ever 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 member of electors in any county shall have increased 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, fine representative for every
seventieth part as aforesaid. (7)
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 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.(8) And whereas it is possible that, after all the care
of the legislature in framing the said act or acts, certain inconveniences 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 election 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, 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 choose 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 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 parceled 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.(9) That when the number of 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 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 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 the 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 preference of both, and be managed by committees, to be by them respectively chosen
by ballot. That the 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 the 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 forever remain proportionate
and adequate.(10)
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 descreet 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
session, 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 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 lie 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, 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 succeeding 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 great district, which senators shall form a council for the appointment
of the said officers, of which the governor for the time being, or the lieutenantgovernor,
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.(11) 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, 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 behavior 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 probate, 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 of those by whom they
are 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 practise, 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 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 on both lists, one-half shall be chosen by the joint ballot of the senators
and members of assembly so met~togetheras aforesaid.
XXXI. That the style 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 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 judgment of the said court shall be valid unless it 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 honor, 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
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 19th 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 further 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.
XXXVI. And be it further ordained, That all grants of lands 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 misuser of any of their respective rights or privileges between
the nineteenth 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 practiced towards the said Indians, in contracts
made for 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 forever 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 care of souls, and ought not to be diverted from the
great duties of their function; therefore, no minister of the gospel, or priest of
any denomination whatsoever, shall, at any time hereafter, under any presence 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 authority of the good people of this State, doth
ordain, 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.(12)
And that a proper magazine of warlike stores, proportionate to the number of inhabitants,
be, forever hereafter, at the expense 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 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.(13) 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.(14)
By order.
LEONARD GANSEVOORT,
President pro tempore.
1 Verified from "Journals of the Provincial Congress, Provincial Convention Committee
of Safety and Council of Safety of the State of New York, 1775, 1776 1777, vol. I.
Albany: Printed by Thurlow Weed, printer to the State 1842." pp. 892-898.
The Dutch, who began in 1613 to establish trading-posts on the Hudson River claimed
jurisdiction over the territory between the Connecticut and the Delaware Rivers, which
they called New Netherlands. The government was vested in "The United New Netherland
Company," chartered in 1616, and then in "The Dutch West India Company," chartered
in 1621.
In 1649 a convention of the settlers petitioned the "Lords States-General of the
United Netherlands" to grant them "suitable burgher government," such as their High
Mightinesses shall consider adapted to this province, and resembling somewhat the
government of our Fatherland," with certain permanent privileges and exemptions, that
they might pursue "the trade of our country, as well along the coast from Terra Nova
to Cape Florida as to the West Indies and Europe, whenever our Lord God shall be pleased
to permit."
The directors of the West India Company resented this attempt to shake off their
rule, and wrote their director and council at New Amsterdam: "We have already connived
as much as possible at the many impertinences of some restless spirits, in the hope
that they might be shamed by our discreetness and benevolence, but, perceiving that
all kindnesses do not avail, we must, therefore, have recourse to God to Nature and
the Law. We accordingly hereby charge and command your Honors whenever you shall certainly
discover any Clandestine Meetings, Conventicles or machinations against our States
government or that of our country that you proceed against such malignants in proportion
to their crimes."
These grants embraced all the lands between the w est bank of the Connecticut River
and the east bank of Delaware say. The Duke of York had previously purchased in 1663
the grant of Long Island and other islands on the New E:ngland coast made in 1635
to the Marl of Stirling, and in 1664 he equipped an armed expedition which tool possession
of New Amsterdam which was thenceforth called New York. This conquest was confirmed
by the treaty of Credo, in July 1667. In July 1673 a Dutch fleet recaptured New York
and held it until it was restored to the E:nglish by the treaty of Westminster in
February, 1674. The second grant was obtained by the Duke of York in July, 1674 to
perfect his title. The original grants are in the New York state Library.
This constitution was framed by a convention which assembled at White Plains July
10, 1776, and after repeated adjournments and changes of location terminated its labors
at Kingston Sunday evening April 20 1777, when the constitution was adopted with but
one dissenting vote. It was not submitted to the people for ratification. It was drafted
by John Jay. Back
2 The whole number of bills passed by the legislature under this constitution was
six thousand five hundred and ninety. The council of revision objected to one hundred
and twenty-eight, of which seventeen were passed notwithstanding these objections.
-- Hough. Back
3 Now Montgomery County. Back
4 Now Washington County. Back
5 Now included in the State of Vermont. Back
6 The first census under this constitution was taken in 1790. Others were taken in
1790, 1801, 1807, 1814, and 1821. -- Hough. Back
7 See amendments. Back
8 The first act under this clause was passed March 27, 1778, and introduced the practice
of voting by ballot for governor and lieutenant-governor only, but retained the viva
voce method for senators and assemblymen. By an act of February 13, 1787, the mode
of voting by ballot for the latter was introduced. The boxes containing the ballots
for governor, lieutenant-governor, and senators were returned by the sheriffs to the
secretary of state, to be canvassed by a joint committee of the legislature, until
March 27, 1799, when the system of inspection and canvassing by local wards was introduced.
-- Hough. Back
9 Under this clause, a new arrangement of senatorial districts was made February
7, 1791; March 4, 1796; and April 17, 1815. -- Hough. Back
10 See amendment. Back
11 See amendment. Back
12 This exemption-fee was fixed at £10 per annum by the act of April 3, 1778 organizing
the militia of the State. -- Hough. Back
13 By an act of October 23,1779, fifty-eight persons, of whom three were females
were attainted and banished from the State for adherence to the enemy. This is the
only act passed under the above clause. -- Hough. Back
14 The custom of naturalizing aliens by special act was first introduced by the colonial
general assembly in 1717, and was continued by the State legislature until the adoption
of the Federal Constitution in 1789. After that date the right to hold land upon declaring
an intention to become naturalized was granted by special act until 1825, when a general
law for this purpose was passed. -- Hough. Back