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XII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine, ani declare, that no member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to the subjects of this State by thisConstitution, unless by the law of the land, or the judgement of his peers.

XIV. That neither the Assembly nor 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 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 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 Assembly, three hundred ; but that whenever the number of Senators shall amount to one bundred, 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 hundredSenators, 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.

XVII. And this Convention doth further, in the nanie 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 ; ayd that statedly, once in every three


years, and as often as the seat 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 shall be always held at the times and places of chusing 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 ihe Governor shall continue in office three years, and shall, by virtue of his office, be Gencral and Commander in Chief of all the militia, and Adiniral 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 whiclı he may suspend the execution of the sentence unil 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 res prieve.

XIX. That it shall be the duty of the Governor, to inform the Legsláture, 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 expedito all such measures as may be resolved upon by the Legia slature.

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 Gontinue in office until, the next election of a Gover:


nor 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 be 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 the State both by sea or 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 hæc vice. And if, during such vacancy of the office of Governor, the Lieuteuant Gonernor 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 ožicers, 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 Senator's shall foren a Council for the appointment of the said officers, of which the Gover-


nor for the time being, or the Lieutenant Governor, 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 morjority of the said Council be a quorum. And further, the said Senator's shall not be eligible to the said Council for two years successively,

XXIV. That all military officers be appointed during pleasure ; that all commissioned oficers, civil and military, be commissioned by the Governor; and that the Chancellor, the Judges of the Supreme, and tirst Judge of the County Court in every county, hold their offices during good behaviour, or until they thall 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 oflice, 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 otlice, excepting that of Senator, or Delegate to the Ceneral Congress. But if the Chancellor, or either of the said Judges, be elected, or appointed to any other oilce, excepiing as is before excepted, it shall be at his option in which to serve.

XXVI. That Sheriffs and Coroners be annually ap. pointed ; 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 Regis. ter, 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 Marsbal, Registers, and Clerks. to continue in office during the pleasure of those, by whom they are to be appointed, as aforesaid.


And that ali attornies, 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 commissons 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, 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 the 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 shal 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 in both lists, one half shall be chosen by the joint ballot of the Senators and Members of Assembly, so met together as 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.


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