fame, it shall, together with the objections, be sent to the other branch of the legislature, where it shall alfo be reconfidered, 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 faid bill within ten days impracticable; in which cafe the bill shall be returned on the first day of the meeting of the legislature, after the expiration of the said ten days.

4. 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, fix.

The county of Ulster, fix.

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.
The county of Tryon, fix.
The county of Charlotte, four.
The county of Cumberland, three.
The county of Gloucester, two.

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6. 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 preferve the liberty and equal free dom 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 caufing all elections thereafter to be held in this state, for fenators and reprefentatives in assembly, to be by ballot, and directing the manner in which the same shall be conducted. And whereas, it is poffible, that after all the care of the legislature, in framing the faid act or acts, certain inconveniencies and mifchiefs, unforeseen at this day, may be found to attend the faid 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 conftitutional for the legislature to abolish the fame; 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 legiflature of this state shall provide for the election of senators and representatives in assembly by ballot, the faid elections shall be made viva você.

7. That every male inhabitant of full age, who shall have personally refided within one of the counties of this state, for fix months immediately preceeding the day of election, shall, at such election, be intitled to vote for representatives of the faid 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 faid 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 perfon 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 refident in the said cities refpectively, shall be entitled to vote for representatives in assembly within his faid place of refidence.

8. That every elector, before he is admitted to vote, shall, if required by the returning officer, or either of the infpectors, také an oath, or if of the people called Quakers, an affirmation, of allegiance to the ftate.

9. 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 faid members shall, from time to time, conftitute a house to proceed upon business.

10. 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 confift 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.

11. 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, fix 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 cosen.

12. That the election of senators shall be after this manner; that so much of this state as is now parcelled 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 Dutches, 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 fouthern district nine, in the middle district fix, in the western district fix, and in the eaftern district three. And be it ordained, that a census shall be taken as foon as may be, after the expiration of seven years from the termination of the present war, under the direction of the legiflature: And if on such cenfus it shall appear, that the number of fenators is not justly proportioned to the several districts, that the legiflature adjust the proportion as near as may be, to the number of freeholders qualified as aforesaid, in each district. That when the number of electors, within any of the faid diftricts, shall have increased one twenty-fourth part of the whole number of electors, which, by the faid cenfus, shall be found to be in this state, an additional fenator shall be chosen by the electors of such district. That a majority of the number of senators to be chosen as aforesaid shall be necessary to conftitute a fenate sufficient to proceed upon business, and that the senate shall, in like manner with the affembly, 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 fame into fuch further and otehr counties and districts, as shall to them appear necessary.

13. 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 of the rights or privileges secured to the fubjects of this state, by this conftitution, unless by the law of the land, or the judgment of his peers.

14. That neither the assembly nor the senate shall have power to adjourn themselves for any longer time than two days, without the mutual consent of both.

15. That whenever the assembly and senate disagree, a confetence shall be held in the presence 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 bufiness of the legislature will permit) published.

16. It is nevertheless provided, that the number of fenators shall never exceed one hundred, nor the number of 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 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 fenate and assembly, shall for ever remain proportionate and adequate,

17. 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 fupreme 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 feat of government shall become vacant, a wise and discreet 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 thall be always held at the times and places of choofing representatives in assembly for each respective county; and that the perfon perfon who hath the greatest number of votes within the faid state, shall be governor thereof.

18. 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 afssembly and fenate on extraordinary occafions, to prorogue them from time to time, provided such prorogations shall not exceed fixty days in the space of any one year; and at his discretion to grant reprieves and pardons to perfons convicted of crimes, other than treason or murder, in which he may fufpend the execution of the sentence, until it shall be reported to the legiflature at their fubfequent. meeting; and they shall either pardon, or direct the execution of the criminal, or grant a farther reprieve.

19. That it shall be the duty of the governor to inform the legiflature, at every feffions, of the condition of the state, so far as may refpect his department; to recommend fuch matters to their confideration as shall appear to him to concern its good government, welfare and profperity; 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 fuch measures as may be refolved upon by the legiflature.

20. That a lieutenant-governor shall, at every election of a governor, and as often as the lieutenant governor shall die, refign, 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 fuch lieutenant-governor shall, by virtue of his office, be prefident of the senate, and, upon an equal divifion, have a cafting voice in their decisions, but not vote on any other occafion.

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And in cafe of the impeachment of the governor, or his removal from office, death, refignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of governor, until another be chofen, or the governor abfent or impeached, shall return or be acquitted. Provided, that where the governor shall, with the confent of the legiflature, be out of the state, in time of war, at the head of a military force thereof, heshall still continue in his command of all the military force of the flate, both by sea and land.

21. That whenever the government shall be administered by the lieutenant-governor, or he shall be unable to attend as prefident of the fenate, the fenators shall have power to elect one of their own members to the office of president of the senate, which he shall exercise pro bac vicer And if, during fuch vacancy