Done in convention, at the capitol in the city of Albany, the tenth day November, in the year one thousand eight hundred and twenty-one, and of the independence of the United States of America the fortysixth. In witness whereof, we have hereunto subscribed our names. DANIEL D. TOMPKINS, JOHN F. BACON, SAMUEL S. GARDINER, S President, and Delegate from the county of Richmond. Secretaries. [The following delegates composed the convention which framed the foregoing constitution.] [The foregoing constitution was ratified by the people, at an election held in the several towns and wards of this state, on the fifteenth, sixteenth and seventeenth days of January, one thousand eight hundred and twenty-two.] AMENDMENTS. [The following amendments to the constitution were proposed by the legislature in 1825, were referred to the legislature of 1826, agreed to by two-thirds of the members elected to each house of that legislature, submitted to the people, and approved and ratified at an election held on the sixth, seventh and eighth days of November, 1826.] AMENDMENT No. I. the peace, That the people of this state, in their several towns, shall at their Just ces of annual election, and in such manner as the legislature shall direct, how elected elect by ballot their justices of the peace, and the justices so elected in any town shall immediately thereafter meet together, and in presence of the supervisor and town clerk of the said town, be divided by lot into four classes, of one in each class, and be numbered one, two, three and four; and the office of number one shall expire at the end of the first year, of number two at the end of the second year, of number three at the end of the third year, and of number four at the end of the fourth year, in order that one justice may thereafter be annually elected; and that so much of the seventh section of the fourth article of the constitution of this state as is inconsistent with this amendment be abrogated. AMENDMENT No. II. That so much of the first section of the second article of the constitution as prescribes the qualifications of voters, other than persons of color, be and the same is hereby abolished, and that the following be substituted in the place thereof: tions of elec.. Every male citizen of the age of twenty-one years, who shall Qualifica have been an inhabitant of this state one year next preceding any tors. election, and for the last six months a resident of the county where he may offer his vote, shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are or hereafter may be elective by the people. * Pursuant to a resolution of the convention, the constitution was signed by all the members except those whose names are designated by an asterisk. † Mr. Jansen died during the sitting of the convention. Duties on suit may be reduced. Mayor of NY. to be the electors [The following amendments were proposed in 1832, agreed to by two-thirds of the members elected to each house in 1833, submitted to the people, and approved and ratified at the election in November, 1833.] AMENDMENT No. III. That the duties on the manufacture of salt, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen, and by the tenth section of the seventh article of the constitution of this state, may, at any time hereafter, be reduced by an act of the legislature of this state; but shall not, while the same is appropriated and pledged by the said section, be reduced below the sum of six cents upon each and every bushel; and the said duties shall remain inviolably appropriated and applied as is provided by the said tenth section: And that so much of the said tenth section of the seventh article of the constitution of this state as is inconsistent with this amendment, be abrogated. AMENDMENT No. IV. At the end of the tenth section of the fourth article of the said chosen by constitution, add the following words: "Except in the city of New York, in which city the mayor shall be chosen annually by the electors thereof qualified to vote for the other charter officers of the said city, and at the time of the election of such officers." thereof. When canal debt is paid, salt and auc- [The follow ng amendment was proposed in 1834, agreed to by two-thirds of the members elected to each house of the legislature in 1835, submitted to the people, and approved and ratified at the election held in November, 1835.] AMENDMENT No. V. Whenever a sufficient amount of money shall be collected and duties on safely invested for the reimbursement of such part as may then be unpaid of the money borrowed for the construction of the Erie and Champlain canals, the tenth section of the seventh article of the constitution of this state, as far as it relates to the amount of duties on the manufacture of salt, and the amount of duties on goods sold at auction, shall cease and determine: and thereafter the duties on goods sold at auction, excepting therefrom the sum of thirty-three thousand five hundred dollars, otherwise appropriated by the act of the fifteenth of April, one thousand eight hundred and seventeen, and the duties on the manufacture of salt, shall be restored to the general fund. Mayors of cities elect ed. [The following amendment was proposed in 1837, agreed to by two-thirds of the members elected to each house of the legislature in the year 1838, submitted to the people, and approved and ratified at the election held in November, 1839.] AMENDMENT No. VI. Mayors of the several cities in this state may be elected annually, by the male inhabitants entitled to vote for members of the common council of such cities respectively, in such manner as the legislature shall by law provide; and the legislature may from time to time make such provision by law for the election of any one or more of such mayors; but until such provision be made by law, such mayor (excepting the mayor of the city of New York) shall be appointed in the manner now prescribed by the constitution of this state; and so much of the tenth section of article fourth of the constitution of this state as is inconsistent with this amendment, is hereby abrogated. THE CONSTITUTION OF THE STATE OF NEW YORK. WE the people of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this constitution. ARTICLE I. 615; 3 Kern., SECTION 1. No member of this state shall be disfranchised, or 18 Barb., deprived of any of the rights or privileges secured to any citizen 378 2 Park. thereof, unless by the law of the land or the judgment of his ib., 322; ib., peers. Cr. R., 312; 329; ib.,402; ib., 487. jury. Pr. R., 83. liberty. SECTION 2. The trial by jury, in all cases in which it has been Trial by heretofore used, shall remain inviolate forever. But a jury trial 20 may be waived by the parties in all civil cases, in the manner to 652; How. be prescribed by law. SECTION 3. The free exercise and enjoyment of religious pro- Religious fession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. beas corpus. SECTION 4. The privilege of the writ of habeas corpus shall not Writ of ha be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension. 20 Barb., SECTION 5. Excessive bail shall not be required, nor excessive Ball, fines. fines imposed, nor shall cruel and unnatural punishments be in- 567: flicted, nor shall witnesses be unreasonably detained. 20 Barb.,652; 255:3 Barb., 4 ib., 56; ib., Comst., 419; ib.,416, 9 ib., SECTION 6. No person shall be held to answer for a capital or Grand jury. otherwise infamous crime, (except in cases of impeachment, and ib., 168; ib., in cases of militia, when in actual service; and the land and naval 567: 5 Denio, forces in time of war, or which this state may keep with the 275,459, consent of congress in time of peace; and in cases of petit lar- 64:61b., 209;4 ceny, under the regulation of the legislature,) unless on present- 7 Barb., 297, ment or indictment of a grand jury; and in any trial in any court 449:4 Comst., whatever, the party accused shall be allowed to appear and defend 19515 Barb., in person and with counsel as in civil actions. No person shall be 583 ib.,314 subject to be twice put in jeopardy for the same offense; nor shall Barb., 222 he be compelled, in any criminal case, to be a witness against him- Kern., 308 self; nor be deprived of life, liberty or property without due ib., 166; ib., process of law; nor shall private property be taken for public use 179; 3 Kern., without compensation. 2 Seld. 5 ib., 100; 18 ib., 615; 19 Barb.,118; 378; 24 Barb., 232.1 property. 451; 2 Kern., SECTION 7. When private property shall be taken for any pub- Private lic use, the compensation to be made therefor, when such com- 3 Barb., pensation is not made by the state, shall be ascertained by a jury, 332: 18 b., or by not less than three commissioners appointed by a court of 190. record, as shall be prescribed by law. Private roads may be Private opened in a manner to be prescribed by law; but in every case the necessity of the road, and the amount of all damages to be 124 Barb., 447; ib., 658; 2 Park. Cr. R., 329; ib., 377; ib., 410; ib., 421; ib., 487. roads. Freedom of of the press. sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. SECTION 8. Every citizen may freely speak, write and publish speech and his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Two-third bills. Right of pe tition. 3 Seld., 228. Divorces, Lotteries. Right of lands in Escheats. Feudal tenures SECTION 9. The assent of two-thirds of the members elected to each branch of the legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes. SECTION 10. No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted, otherwise than by due judicial proceedings; nor shall any lottery hereafter be authorized or any sale of lottery tickets allowed within this state. SECTION 11. The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people. SECTION 12. All feudal tenures of every description, with all abolished. their incidents, are declared to be abolished, saving however, all rents and services certain, which at any time heretofore have been lawfully created or reserved. Allodial tenure. Certain leases invalid. Fines and quarter sales abolished. Sale of lands. Old colony laws and acts of the SECTION 13. All lands within this state are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates. SECTION 14. No lease or grant of agricultural land, for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. SECTION 15. All fines, quarter sales or other like restraints upon alienation, reserved in any grant of land hereafter to be made, shall be void. SECTION 16. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, of or with the Indians, shall be valid, unless made under the authority and with the consent of the legislature. SECTION 17. Such parts of the common law, and of the acts of the legislature of the colony of New York, as together did form legislature. the law of the said colony on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one |