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vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or be abfent from the state, the president of the fenate shall in like manner as the lieutenant-governor, administer the government, un-, til others shall be elected by the fuffrage of the people, at the succeeding election.

22. 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 affembly: Provided, that he shall not be elected out of either branch of the legiflature.

23. That all officers, other than those, who by this constitu.) tion 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 fenators shall form a council for the appointment of the said officers, of which the governor for the time being, or the lieutenant governor, or the prefident of the senate, when they shall respectively adminifter the government, shall be president, and have a cafting 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 faid council be a quorum. And further, the faid fenators shall not be eligible to the said council for two years successively.

24. 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 fupreme court, and first judge of the county court in every county, hold their offices during good behaviour, or until they shall have respectively attained the age of fixty years.

25. That the chancellor and judges of the fupreme court, shall not at the same time hold any other office, excepting that of delegate to the general congress, upon special occafions; and that the first judges of the county courts in the several counties, shall not at the fame 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.

26. 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.

27. And be it further ordained, that the register and clerks in chancery be appointed by the chancellor, the clerks of the fupreme court by the judges of the said court; the clerk of the

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court of probates by the judge of the faid court; and the regis. ter and marshall of the court of admiralty by the judge of the admiralty. The faid marshal, registers and clerks to continue in office during the pleasure of those by whom they are to be 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 faid courts.

28. 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.

29. 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 legiflature.

30. That delegates to represent this state in the general congrefs of the United States of America, be annually appointed as follows, to wit, The fenate 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 thall meet together, and those persons named in both lifts shall be delegates; and out of those persons whose names are not in both lifts, one half shall be chosen by the joint ballot of the senators and members of assembly, fo met together as aforesaid.

31. That the stile 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 affembly." 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.

32. 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 confift of the president of the fenate, 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 profecuted

secuted against the chancellor, or either of the judges of the fupreme 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 queftion of law, on a judgment in the fupreme court, the judges of that court shall assign the reasons of fuch their judgment, but shall not have a voice for its affirmance or reversal.

33. That the power of impeaching all officers of the state, formal and corrupt conduct in their respective offices, be vested in the representatives of the people in afsembly; but that it fhall 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 faid 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 faid 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 and enjoy any place of honour, trust or profit, under this state. But the party so convicted, shall be, nevertheless, liable and fubject to indictment, trial, judgment and punishment, according to the laws of the land.

34. 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. 35. And this convention doth further, in the name and by the authority of the good people of this state, ordain, deter. mine, and declare, that fuch 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 faid 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 faid acts as are temporary, shall expire at the times limited for their duration respectively. That all such parts of the faid common law, and all fuch of the said statutes, and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of chriftians or their ministers, or concern the allegiance heretofore yielded to, and the fupremacy, fovereignty, government, or prerogatives, claimed or exercised by the king of Great-Britain and his prede

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predecessors, over the colony of New-York and its inhabitants, or are repugnant to this conftitution, 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 confidered 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 fame.

36. And be it further ordained, that 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 that nothing in this constitution contained, shallbe 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-ufer or mif-ufer 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 feventy-five, and the publication of this constitution. And further, that all fuch of the officers described in the faid charters respectively, as by the terms of the faid charters, were to be appointed by the governor of the colony of New-York, with or without the advice and confent of the council of the faid 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 legisflature.

37. And whereas it is of great importance to the safety of this state, that peace and amity with the indians within the fame, be at all times supported and maintained. And whereas, the frauds too often practised 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 fale of lands made fince 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 faid indians, or deemed valid, unless made under the authority, and with the consent of the legiflature of this state.

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38. And whereas we are required by the benevolent principles of rational liberty, not only to expel civil tyranny, but alfo to guard against that spiritual oppreffion 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 profeffion and worship, without difcrimination or preference, shall forever hereafter be allowed within this state, to all mankind. Provided that the liberty of confcience 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.

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39. And whereas the ministers of the gospel, are by their profeffion dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function; therefore no minifter of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or defcription whatever, be eligible to, or capable of holding any civil or military office or place, within this state.

40. 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 fociety, to be prepared and willing to defend it; this convention, therefore, in the name and by the anthority 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, from scruples of confcience, 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 fame may, in the judgment of the legislature, be worth: And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expence of this state, and by acts of the legislature, established, maintained, and continued in every county in this state.

41. 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 cafes 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. And further, that the legislature of this state shall, at

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