6. And whereas, an opinion hath long prevailed among di vers 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 ftate, 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. And whereas, it is possible, that after all the care of the legislature, in framing the faid act or acts, certain inconveniencies and mifchiefs, unforefeen 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 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 faid elections shall be made viva voce. 7. That every male inhabitant of full age, who shall have perfonally refided within one of the counties of this state, for fix months immediately preceeding the day of election, shall, at fuch election, be intitled to vote for reprefentatives of the said county in afsembly; if, during the time aforesaid he shall have been a freeholder, pofsessing 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 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 feventy-five, and shall be actually and ufually refident in the faid cities respectively, 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, take an oath, or if of the people called Quakers, an affirmation, of allegiance to the state. I ร : 9. That the assembly thus constituted shall choose their own speaker, be judges of their own members, and enjoy the fame 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, constitute 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 chofen out of the body of the freeholders, and that they be chosen by the freeholders of this state, poffefsed 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 clafs 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 fenate, as nearly as poflible, 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 fouthern 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, Ulfter and Orange; the western district, the city and county of Albany, and Tryon county; and the eastern diftrict, the counties of Charlotte, Cumberland, and Gloucester. That the fenators shall be elected by the freeholders of the faid diftrists, qualified as aforefaid, 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 cenfus fhall 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 fuch cenfus it shall appear, that the number fenators is not justly proportioned to the several diftricts, 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 diftric icts, shall have increased one twenty-fourth part of the whole number of electors, which, by the faid cenfus, shall be found to bein in this ftate, an additional fenator shall be chosen by the electors of of fuch diftrict. That a majority of the number of fenators to be chofen as aforefaid shall be neceffary to conftitute a fenate fufficient to proceed upon business, and that the fenate fhall, in like manner with the afsembly, be the judges of its of 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 such 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 fecured to the fubjects of this state, by this constitution, 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 conference 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 fenate and affembly, 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 fuch parts as they shall, as aforesaid, respectively determine not to make public, be from day to day, (if the bufiness of the legiflature will permit) published. 16. It is nevertheless provided, that the number of senators shall never exceed one hundred, nor the number of afsembly three hundred; but that whenever the number of fenators shall amount to one hundred, or of the affembly 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 faid 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 affembly, 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 wife 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 reprefentatives in affembly for each respective county; and that the perfon perfon who hath the greatest number of votes within the faid itate, 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 assembly and fenate on extraordinary occafions, to prorogue them from time to time, provided fuch prorogations shall not exceed fixty days in the space of any one year; and at his difcretion to grant reprieves and pardons to perfons convicted of crimes, other than treafon or murder, in which he may suspend the execution of the fentence, 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 respect his department; to recommend such 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 such 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 licutenant 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 president of the fenate, and, upon an equal divifion, have a cafting voice in their decisions, but not vote on any other occafion. 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 chofen, or the governor absent or impeached, shall return or be acquitted. Provided, that where the governor shall, with the confent 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 the state, 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 prefident of the fenaté, which he shall exercise pro hac vice. And if, during fuch Vacancy 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 senate shall in like manner as the lieutenant-governor, adminifter the government, until others shall be elected by the suffrage 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 assembly: Provided, that he shall not be elected out of either branch of the legislature. 23. That all officers, other than those, who by this conftitution 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 fenators 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 lieutenant governor, or the prefident 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 faid council be a quorum.、And further, the faid senators shall not be eligible to the faid council for two years successively. 24. That all military officers be appointed during pleasure; that all commissioned officers civil and military, be commiffioned 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 ot at the fame 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 fame time hold any other office, excepting that of fenator, 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 court |