State divided into 8 se natorial dis tricts. No. 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. Senate to be divided into classes by lol. may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. SEC. V. The state shall be divided into eight dis. tricts, to be called senate districts, each of which shall choose four senators. The first district shall consist of the counties of Suf. folk, Queens, Kings, Richmond and New-York. The second district shall consist of the counties of Westchester, Putnam, Dutchess, Rockland, Orange, Ulster and Sullivan. The third district shall consist of the counties of Greene, Columbia, Albany, Rensselaer, Schoharie and Schenectady. The fourth district shall consist of the counties of Saratoga, Montgomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin and St. Lawrence. The fifth district shall consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis and Jeffer son. The sixth district shall consist of the counties of Delaware, Otsego, Chenango, Broome, Cortland, Tompkins and Tioga. The seventh district shall consist of the counties of Onondaga, Cayuga, Seneca and Ontario. The eighth district shall consist of the counties of Steuben, Livingston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus and Chautauque. As soon as the senate shall meet, after the first election to be held in pursuance to this constitution, they shall cause the senators to be divided by lot, into four classes, of eight in each, so that every district shall have one senator of each class; the classes to be numbered, one, two, three and four. And the seats of the first class shall be vacated at the end of the first year; of the second class at the end of the second year; of the third class, at the end of the third year; of the fourth class at the end of the fourth year; in order that one senator be annually elected in each senate district. every ten Districts to SEC. VI. An enumeration of the inhabitants of the Census to be state shall be taken, under the direction of the legisla- taken in ture, in the year one thousand eight hundred and 1825; and twenty-five, and at the end of every ten years there- years. after; and the said districts shall be so altered by the legislature, at the first session after the return of eve be altered. ry enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers, and persons of colour not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory, and no county shall be divided in the formation of a senate district. SEC. VII. The members of the assembly shall be Members of chosen by counties, and shall be apportioned among assembly the several counties of the state, as nearly as may be, counties to chosen by according to the number of their respective inhabitants, be apporexcluding aliens, paupers, and persons of colour not tioned. taxed. An apportionment of members of assembly shall be made by the legislature, at its first session after the return of every enumeration; and when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of members of the assembly shall be made by the present legislature, according to the last enumeration taken under the authority of the United States, as nearly as may be. Every county heretofore established, and separately or- Each county ganized, shall always be entitled to one member of the entitled to assembly; and no new county shall hereafter be erected, unless its population shall entitle it to a member. SEC. VIII. Any bill may originate in either house Bills may of the legislature; and all bills passed by one house, the house originate in may be amended by the other. one member. SEC. IX. The members of the legislaure shall re- Pay of memceive for their services, a compensation to be ascertain- bers. ed by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the year in which it shall have been made. And no law shall be passed, increasing the compensation of the members of the legislature beyond the sum of three dollars a day. No member SEC. X. No member of the legislature shall receive to receive an any civil appointment from the governor and senate, appoint- or from the legislature, during the term for which he shall have been elected. ment. Persons disqualified from being members. Bills to be If returned ed of. SEC. XI. No person being a member of congress, or holding any judicial or military office under the United States, shall hold a seat in the legislature. And if any person shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. SEC. XII. Every bill which shall have passed the presented to senate and assembly, shall, before it become a law, he the governor presented to the governor. If he approve, he shall for signature. sign it; but if not, he shall return it with his objections, to that house in which it shall have originated; by him with who shall enter the objections at large on their jourobjections, how dipos- nal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by twothirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return; in which case it shall not be a law. Bills to be returned within ten days. Certain offi cers may be removed by joint resolution. Legislature when to meet. SEC. XIII. All officers holding their offices during good behavior, may be removed by joint resolution of the two houses of the legislature, if two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein. SEC. XIV. The political year shall begin on the first day of January; and the legislature shall every year assemble on the first Tuesday of January, unless a different day shall be appointed by law. SEC. XV. The next election for governor, lieutenant- Time of governor, senators and members of assembly shall election fixcommence on the first Monday of November one thou- ed. sand eight hundred and twenty-two; and all subsequent elections shall be held at such time, in the month of October or November, as the legislature shall by law provide. till 1st Jan. SEC. XVI. The governor, lieutenant-governor, sena- Officers to tors and members of assembly, first elected under this hold places constitution, shall enter on the duties of their respec- 1823. tive offices on the first day of January, one thousand eight hundred and twenty-three; and the governor, lieutenant-governor, senators and members of assembly, now in office, shall continue to hold the same until the first day of January, one thousand eight hundred and twenty-three, and no longer. ARTICLE SECOND. SEC. I. Every male citizen of the age of twenty-one Qualificayears, who shall have been an inhabitant of this state tions of elecone year preceding any election, and for the last six tors. months a resident of the town or county where he may offer his vote; and shall have, within the year next preceding the election, paid a tax to the state or county, assessed upon his real or personal property; or shall by law be exempted from taxation; or being armed and equipped according to law, shall have performed, within that year, military duty in the militia of this state; or who shall be exempted from perform. ing military duty in consequence of being a fireman in any city, town or village, in this state: And also every male citizen of the age of twenty-one years, who shall have been, for three years next preceding such elec tion, an inhabitant of this state, and for the last year, a resident in the town or county where he may offer his vote; and shall have been, within the last year, assessed to labor on the public highways, and shall have performed the labor, or paid an equivalent therefor, according to law; shall be entitled to vote in the quired for man of colour. town or ward where he actually resides, and not else. where, for all officers that now are, or hereafter may Freehold re- be, elective by the people. But no man of colour, un. less he shall have been for three years a citizen of this state, and for one year next preceding any election, shall be seised and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon; and shall have been actually rated, and paid a tax thereon, shall be entitled to vote at any such election. And no person of colour shall be subject to direct taxation, unless he shall be seised and possessed of such real estate as aforesaid. Persons ex SEC. II. Laws may be passed, excluding from the cluded from right of suffrage, persons who have been or may be right of suf- convicted of infamous crimes. frage. Laws to be passed. Election to be by ballot. Exccutive power how vested. Requisite qualifica tions of the governor. Time and manner of SEC. III. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established. SEC. IV. All elections by the citizens shall be by ballot, except for such town officers as may by law be directed to be otherwise chosen. ARTICLE THIRD. SEC. I. The executive power shall be vested in a governor. He shall hold his office for two years; and a lieutenant-governor shall be chosen at the same time, and for the same term. SEC. II. No person except a native citizen of the United States, shall be eligible to the office of governor; nor shall any person be eligible to that office, who shall not be a freeholder, and shall not have attained the age of thirty years, and have been for five years a resident within this state; unless he shall have been absent during that time on public business of the United States, or of this state. SEC. III. The governor and lieutenant-governor shall be elected at the times and places of choosing members electing go of the legislature. The persons repectively having the highest number of votes for governor and lieutenant-governor, shall be elected; but in case two or vernor and lieutenant governor. |