SECOND CONSTITUTION OF NEW YORK. 1821.*

WE, the people of the State of New York, acknowledging with gratitude the grace and beneficence of God, in permitting us to make choice of our form of government, do establish this Constitution.

ARTICLE I.

SECTION 1. The Legislative power of this State shall be vested in a Senate and Assembly.

? 2. The Senate shall consist of thirty-two members. The Senators shall be chosen for four years, and shall be freeholders. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected.

? 3. A majority of each House shall constitute a quorum to do business. Each House shall determine the rules of its own proceedings, and be the judge of the qualifications of its own members. Each House shall choose its own officers; and the Senate shall choose a temporary President, when the Lieutenant-Governor shall not attend as President, or shall act as Governor.

4. Each House shall keep a journal of its proceedings, and publish the same, except such parts as 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.

25. The State shall be divided into eight districts, to be called Senate districts, each of which shall choose four Senators.

The First District shall consist of the counties of Suffolk, 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 Jefferson.

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.

And as soon as the Senate shall meet, after the first election to be held in pursuance of 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,

*The question of holding this convention was decided in the affirmative in May, 1821, by a vote of 109,376 for, and 34,901 against. On the adoption of the constitution, the vote taken at a special election in February, 1822, was 74,732 for, and 41,402 against the adoption. The Convention met at Albany on the 23th of August, and adjourned on the 10th of November, 1821.

at the end of the fourth year; in order that one Senator be annually elected in each Senate district.

? 6. An enumeration of the inhabitants of the State shall be taken, under the direction of the Legislature, in the year one thousand eight hundred and twenty-five, and at the end of every ten years thereafter; and the said districts shall be so altered by the Legislature, at the first session after the return of every enumeration, that each Senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens, paupers and persons of color not taxed; and shalĺ 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.

? 7. The members of the Assembly shall be chosen by counties, and shall be apportioned among the several counties of the State, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of color not 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 organized, shall always be entitled to one member of the assembly; and no new county shall hereafter be erected, unless its population shall entitle it to a member.

8. Any bill may originate in either House of the Legislature; and all bills passed by one House may be amended by the other.

? 9. The members of the legislature shall receive for their services a compensation to be ascertained 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.

? 10. No member of the Legislature shall receive any civil appointment from the Governor and Senate, or from the Legislature during the term for which he shall have been elected.

11. 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.

12. Every bill which shall have passed the Senate and Assembly shall, before it become a law, be presented to the Governor: if he approve, he shall sign it; but if not, he shall return it with his objections to that House in which it shall have originated; who shall enter the objections at large on their journal, 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 two-thirds 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.

13. All officers holding their offices during good behavior may be removed by joint resolution, of the two Houses of the Legislature, if twothirds of all the members elected to the Assembly, and a majority of all the members elected to the Senate, concur therein.

14. 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.

15. The next election for Governor, Lieutenant-governor, Senators, and members of Assembly, shall commence on the first Monday of November, one thousand 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.

16. The Governor, Lieutenant-governor, Senators, and members of Assembly, first elected under this Constitution, shall enter on the duties of their respective offices, on the first day of January, one thousand eight hundred and twenty-three; and the Governor, Lieutenantgovernor, 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 II.

[SECTION 1. Every male citizen of the age of twenty-one years, who shall have been an inhabitant of this State one year preceding any election, and for the last six 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 performing militia 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 election, 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 upon the public highways, and shall have performed the labor, or paid an equivalent therefor, according to law, 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:*] but no man of color, unless he shall have been for three years a citizen of this State, and for one year next preceding any election, shall be seized 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 color shall be subject to direct taxation unless he shall be seized, and possessed of such real estate as aforesaid.

? 2. Laws may be passed, excluding from the right of suffrage, persons who have been, or may be, convicted of infamous crimes.

? 3. Laws shall be made for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage, hereby established.

? 4. 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 III.

SECTION 1. 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.

8 2. 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 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.

* Amended in 1826, and the part in brackets abolished. See amendment No. II, p.

3. The Governor and Lieutenant-governor shall be elected at the times and places of choosing members of the Legislature. The persons respectively having the highest number of votes for Governor and Lieutenant-governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenantgovernor, the two Houses of the Legislature, shall by joint ballot, choose one of the said persons so having an equal and the highest number of votes, for Governor, or Lieutenant-governor.

4. The Governor shall be general and commander-in-chief of all the militia, and admiral of the navy of the State. He shall have power to convene the legislature, (or the Senate only), on extraordinary occasions. He shall communicate by message to the Legislature at every session, the condition of the State; and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services, a compensation which shall neither be increased nor diminished, during the term for which he shall have been elected.

25. The Governor shall have power to grant reprieves and pardons after conviction, for all offenses, except treason and cases of impeachment. Upon convictions for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting; when the legislature shall either pardon, or direct the execution of the criminal, or grant a farther reprieve.

26. In case of the impeachment of the Governor, or his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-governor, for the residue of the term, or until the Governor absent or impeached, shall return, or be acquitted. But when 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 commander-in-chief of all the military force of the State.

? 7. The Lieutenant-governor shall be president of the Senate, but shall have only a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant-governor shall be impeached, displaced, resign, die, or be absent from the State, the president of the Senate shall act as Governor, until the vacancy shall be filled, or the disabilty shall cease.

ARTICLE IV.

SECTION 1. Militia officers shall be chosen, or appointed as follows: Captains, subalterns, and non-commissioned officers, shall be chosen by the written votes of the members of their respective companies; field officers of regiments and separate battalions, by the written votes of the commissioned officers of the respective regiments, and separate battalions; brigadier-generals, by the field officers of their respective brigades; major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff officers of their respective divisions, brigades, regiments or separate battalions.

? 2. The Governor shall nominate, and with the consent of the Senate appoint, all major-generals, brigade inspectors, and chiefs of the staff departments, except the Adjutant-general and Commissary-general. The Adjutant-general shall be appointed by the Governor.

3. The Legislature shall by law direct the time and manner of electing militia officers, and of certifying their elections to the Governor.

4. The commissioned officers of the militia shall be commissioned by the Governor; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commission, subject to removal as before provided.

? 5. In case the mode of election and appointment of militia officers, hereby directed, shall not be found conducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members present in each House shall concur therein.

% 6. The Secretary of State, Comptroller, Treasurer, Attorney-general, Surveyor-general and Commissary-general shall be appointed as follows: The Senate and Assembly shall each openly nominate one person for the said offices respectively; after which they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the Senators and members of Assembly. The Treasurer shall be chosen annually. The Secretary of State, Comptroller, Attorney-general, Surveyor-general and Commissary-general shall hold their offices for three years, unless sooner removed by concurrent resolution of the Senate and Assembly.

7. The Governor shall nominate, by message, in writing, and with the consent of the senate shall appoint, all judicial officers, except justices of the peace, [who shall be appointed in manner following, that is to say: The board of supervisors in every county in this State shall, at such times as the legislature may direct, meet together; and they, or a majority of them so assembled, shall nominate so many persons as shall be equal to the number of justices of the peace to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons; and it shall be the duty of the said board of supervisors, and judges of county courts to compare such nominations, at such time and place as the legislature may direct. And if on such comparison, the said boards of supervisors and judges of county courts, shall agree in their nominations, in all, or in part, they shall file a certificate of the nominations in which they shall agree, in the office of the clerk of the county; and the person or persons named in such certificates shall be justices of the peace. And in case of disagreement in whole or in part, it shall be the further duty of the said boards of supervisors and judges respectively, to transmit their said nominations, so far as they disagree in the same, to the Governor, who shall select from the said nominations, and appoint so many justices of the peace, as shall be requisite to fill the vacancies.]*

Every person appointed a justice of the peace shall hold his office for four years, unless removed by the County Court, for causes particularly assigned by the judges of the said court. And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of being heard in his defense.

8. Sheriffs and clerks of counties, including the register and clerk of the city and county of New York, shall be chosen by the electors of the respective counties once in every three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff; and the Governor may remove any such sheriff, clerk or register at any time within the three years for which he shall be elected, giving to such sheriff, clerk or register a copy of the charge against him, and an opportunity of being heard in his defense, before any removal shall be made. 29. The clerks of courts, except those clerks whose appointment is provided for in the preceding section, shall be appointed by the courts of which they respectively are clerks; and district attorneys, by the County Courts. Clerks of courts and district attorneys shall hold their offices for three years, unless soones removed by the courts appointing them.

*This section was amended in 1826, and the part inclosed in brackets was rescinded.