I do solemnly swear, (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of NewYork; and that I will faithfully discharge the duties of the office of according to the best of my ability.

And no other oath, declaration, or test, shall be required as a qualification. for any office of public trust.

ARTICLE SEVENTH.

SEC. I. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.

SEC. II. The trial by jury, in all cases in which it has been heretofore used shall remain inviolate for ever, and no new court shall be instituted, but such as shall proceed according to the course of the common law; except such courts of equity, as the legislature is herein authorised to establish.

SEC. III. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall for ever be allowed in this state, to all mankind; 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.

SEC. IV. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God, and the cure of souls, and ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this state.

SEC. V. The militia of this state, shall, at all times hereafter, be armed and disciplined, and in readiness for service; but all such inhabitants of this state, of any religious denomination whatever, as from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, by paying to the state an equivalent in money; and the legislature shall provide by law, for the collection of such equivalent, to be estimated according to the expense, in time, and money, of an ordinary able bodied militia man.

SEC. VI. The privilege of the writ of habeas corpus, shall not be suspended, unless when in cases of rebellion, or invasion, the public safety may require its suspension.

SEC. VII. No person shall be held to answer for a capital, or otherwise infamous crine, (except in cases of impeachment and in cases of the militia, when in actual service; and the land and naval forces in time of war, or which this state may keep, with the consent of congress in time of peace, and in cases. of petit larceny, under the regulation of the legislature;) unless on presentment, or indictment of a grand jury; and in every trial on impeachment or indictment, the party accused shall be allowed counsel as in civil actions. No. person shall be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall he be compeiled, in any criminal case, to be a witness, against himself; nor be deprived of life, liberty, or property, without due process of law: Nor shall private property be taken for public use, without just compensation.

SEC. VIII. Every citizen may freely speak, write, and publish 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 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 libellous, 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.

SEC. IX. The assent of two-thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public monies or property, for local or private purposes, or creating, continuing, altering, or renewing, any body politic or corporate.

SEC. X. The proceeds of all lands belonging to this state, except such parts

thereof as may be reserved or appropriated to public use, or ceded to the United States, which shall hereafter be sold or disposed of, together with the fund denominated the common school fund, shall be and remain a perpetual fund; the interest of which shall be inviolably appropriated and applied to the support of common schools throughout this state. Rates of toll, not less than those agreed to by the canal commissioners, and set forth in their report to the legislature of the 12th of March, one thousand eight hundred and twenty-one, shall be imposed on, and collected from all parts of the navigable communications between the great western and northern lakes, and the Atlantic ocean, which now are or hereafter shall be made and completed: And the said tolls, together with the duties on the manufacture of all salt, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen: and the duties on goods sold at auction, excepting therefrom the sum of thirty-three thousand five bundred dollars, otherwise appropriated by the said act; and the amount of the revenue established by the act of the legislature of the thirtieth of March, one thousand eight hundred and twenty, in lieu of the tax upon steam-boat passengers; shall be, and remain inviolably appropriated and applied, to the completion of such navigable communications, and to the payment of the interest, and reimbursement of the capital of the money already borrowed, or which hereafter shall be borrowed, to make and complete the same. And neither the rates of toll on the said navigable communications; nor the duties on the manufacture of salt aforesaid; nor the duties on goods sold at auction, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen; nor the amount of the revenue, established by the act of March the thirtieth, one thousand eight hundred and twenty, in lieu of the tax upon steam boat passengers; shall be reduced or diverted, at any time before the full and complete payment of the principal and interest of the money borrowed, or to be borrowed, as aforesaid. And the legislature shall never sell, or dispose of the salt springs belonging to this state, nor the lands contiguous thereto, which may be necessary, or convenient, for their use, nor the said navigable communications, or any part or section thereof; but the same shall be, and remain the property of this state.

SEC. XI. No lottery shall hereafter be authorised in this state; and the legislature shall pass laws to prevent the sale of all lottery tickets within this state, except in lotteries already provided for by law.

SEC. XII. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventyfive, or which may hereafter be made, of, or with the Indians in this state, shall be valid, unless made under the authority, and with the consent of the legislature.

SEC. XIII. Such parts of the common law, and of the acts of the legislature of the colony of New-York, as together did form 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 thousand seven hundred and seventy-seven, which have not since expired, or been repealed, or altered; and such acts of the legislature of this state, as are now in force, shall be and continue the law of this state, subject to such alterations, as the legislature shall make cor erning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.

SEC. XIV. All grants of land within this state, made by the King of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void: but nothing contained in this constitution, shall affect any grants of land within this state, made by the authority of the said King or his predecessors, or shall annul any charters to bodies politic and corporate, by him or them made, before that day; or shall affect any such grants or charters since made by this state, or by persons acting under its authority; or shail impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.

ARTICLE EIGHTH.

SEC. I. Any amendment, or amendments, to this constitution, may be proposed in the senate or assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment, or amendments, shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen; and shall be published, for three months previous to the time of making such choice; and, if in the legislature next chosen as aforesaid, such proposed amendment, or amendments, shall be agreed to, by two thirds of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment, or amendments, to the people, in such manner, and at such time, as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment, or amendments, shall become part of the constitution.

ARTICLE NINTH.

SEC. I. This constitution shall be in force, from the last day of December, in the year one thousand eight hundred and twenty-two. But all those parts of the same, which relate to the right of suffrage; the division of the state, into senate districts; the number of members of the assembly to be elected, in pursuance of this constitution; the apportionment of members of assembly; the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; the continuance of the members of the present legislature in office, until the first day of January, in the year one thousand eight hundred and twenty-three; and the prohibition against authorising lotteries; the prohibition against appropriating the public monies, or property, for local or private purposes, or creating, continuing, altering, or renewing, any body politic, or corporate, without the assent of two thirds of the members elected to each branch of the legislature, shall be in force, and take effect, from the last day of February next. The members of the present legislature, shall, on the first Monday of March next, take, and subscribe, an oath, or affirmation, to support the constitution, so far as the same shall then be in force. Sheriffs, clerks of counties, and coroners, shall be elected at the election hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; but they shall not enter on the duties of their offices, before the first day of January then next following. The commissions of all persons holding civil offices on the last day of December, one thousand eight hundred and twenty-two, shall expire on that day; but the officers then in commission may respectively continue to hold their said offices until new appointments, or elections, shall take place under this constitution.

SEC. II. The existing laws, relative to the manner of notifying, holding, and conducting elections, making returns, and canvassing votes, shall be in force, and observed, in respect to the elections hereby directed to commence, on the first Monday of November, in the year one thousand eight hundred and twentytwo; so far as the same are applicable. And the present legislature shall pass such other and further laws, as may be requisite for the execution of the provisions of this constitution, in respect to elections.

DONE in Convention, at the capitol, in the city of Albany, the tenth day of
November, in the year one thousand eight hundred and twenty-one, and
of the Independence of the United States of America, the forty-sixth.
In witness whereof, we have hereunto subscribed our names.

DANIEL D. TOMPKINS, President,
And Delegate from the county of Richmond.

Jony F. BACON,

Secretarios.

SAMUEL S. GARDINER, S

DELEGATES,

WHO SIGNED THE AMENDED CONSTITUTION.

Ezekiel Bacon, Oneida.

Jirah Baker, Rensselaer.

Elisha Barlow, Dutchess.
Barak Beckwith, Madison.

V. Birdseye, Onondaga and Oswego.
John Bowman, Monroe.
Olney Briggs, Schoharie.
David Brinkerhoff, Cayuga.
David Buel, jun. Rensselaer.
David Burroughs, Genesee.
Matt'w. Carpenter, Tioga.
Nathan Carver, Clinton and Franklin.
Ameri Case, Onondaga and Oswego.
Salman Child, Saratoga.

Daniel Clark, Ulster and Sullivan.
Joseph Clyde, Otsego.

Ela Collins, Lewis.

John Cramer, Saratoga.

J. Dubois, Ulster and Sullivan.
John Duer, Orange.

Jacobus Dyckman, New-York.

A. Eastwood, Onondaga and Oswego.
Ogden Edwards, New-York.
Jas. Fairlie, New-York.
Jason Fenton, St. Lawrence.
Augustus F. Ferris, Cayuga.
Joel Frost, Putnam.
John Hallock, jun. Orange.
James L. Hogeboom, Rensselaer.
Parley E. Howe, Onondaga & Oswego.
Ransom Hunt, Otsego.
Isaac Hunting, Dutchess.

James Hunter, Ulster and Sullivan.
H. Huntington, Oneida.

Jarvis K. Pike, Chenango.

Nathaniel Pitcher, Wash. & Warren
Augustus Porter, Erie, Niagara, &c.
Charles Pumpelly, Broome.
Jacob Radcliff, New-York.
John Reeve, Rensselaer.

John Richards, Washington & Warren-
Jeremy Rockwell, Saratoga.
Edward Rogers, Madison.
Erastus Root, Delaware.
Robert S. Rose, Seneca.
John Z. Ross, Genesee.
James Rosebrugh, Livingston.
Samuel Russell, Erie, Niagara, &c
Ebenezer Sage, Suffolk.
Nathan Sanford, New-York.
Reuben Sandford, Esser.

Abraham H. Schenck, Dutchess.
Nathan'l Seaman, Queens.
Jonas Seely, Seneca.
Peter Sharpe, New-York.

Alexander Sheldon, Montgomery,
Joshua Smith, Suffolk.
Richard Smith, Tompkins.
Peter Stagg, New-York.
Asa Starkweather, Schoharie
Hiram Steele, Jefferson.
Jacob Sutherland, Schoharie.
Philetus Swift, Ontario.
Nathan Taylor, Chenango.
Egbert Ten Eyck, Jefferson,
Richard Townley, Tompkins.
Wm. Townsend, Wash. & Warren
Jehiel Tuttle, Greene.

Timothy Hurd, Steuben and Allegany. M. Van Buren, Otsego.

Rufus King, Queens.

John Knowles, Madison.

Sanders Lansing, Herkimer.

Jno. L. Lawrence, New-York.

John Lefferts, Kings.

Alex'r. Livingston, Wash. & Warren.
Peter R. Livingston, Dutchess.

James M'Call. Steuben & Allegany.
Peter Millikin, Orange.
Usher H. Moore, Suffolk.
Peter Jay Munro, Westchester.
Samuel Nelson, Cortland.

William Park, Otsego.

William Paulding, jun. New-York.

Joshua Van Fleet, Ontario.
Samuel G. Verbryck, Rockland.

Jonathan Ward, Westchester.

Elizur Webster, Genesee.

P. H. Wendover, New-York.
H. Wheaton, New-York.
Melancton Wheeler, Wash. & Warren.
N. Williams, Oneida.

John W. Woods, Rensselaer.
B. Woodward, Orange.
Sherman Wooster, Herkimer.
Henry Yates, jun. Schenectady.
Samuel Young, Saratoga.

STATE OF NEW-YORK, Secretary's Office.

Albany, November 10, 1821.

I, John V. N. Yates, secretary of the state of New-York, do hereby certify, that the foregoing is a true copy, of the engrossed constitution of the said state, as adopted in Convention this day, and deposited of record in this office.

J. V. N. YATES, Secretary of State.

Form of certificate by the inspectors of election, recommended by the secretary of state, to be adopted by them, making the necessary alterations of town, county, number of votes, &c.

DUTCHESS COUNTY,

Town of Rhinebeck.

A true canvass and estimate of the votes given in the town of Rhinebeck, and county of Dutchess, on the third Tuesday of January, 1822, and the two days succeeding, inclusive, under certain resolutions of the late Convention of this state, submitting to the decision of the people the amended constitution of this state, adopted by the said Convention, viz: One hundred and ninety votes were given for the said amended constitution, by that number of ballots being written or printed with the word "Yes": Twenty-one votes were given against the said amended constitution, by that number of votes being written or printed with the word “No.” Given under our hands at Rhinebeck aforesaid, this

day of

in the year 1822.

Inspectors of election.

In the Convention of the people of the state of New-York, assembled at Albany, on the twenty-eighth day of August, in the year of our Lord, one thousand eight hundred and twenty-one, pursuant to an act of the legislature of the said state, entitled "an act recommending a Convention of the people of this state," passed March 13th, 1821 :

"Resolved, That the preceding amended constitution of this state, be submitted together, and not in distinct parts, to the decision of the citizens of this state; and if the said amended constitution be ratified by the citizens, in the manner hereinafter prescribed, the same shall become the constitution of this state.

"Resolved, That an election be held in the several towns and wards in this state, on the third Tuesday of January next, and be continued by adjournment, from day to day, for three days successively, including the first; at which election, the citizens qualified as voters, by the act aforesaid, may vote, by ballot, for, or against, the said amended constitution. And on such of the said ballots as are for the said amended constitution, shall be written, or printed, the word "Yes," and on those which are against the said amended constitution, the word "No."

"That the officers of the several towns in this state, authorised to act as inspectors of the election for senators, and the persons who may be appointed in the several cities in this state, for the purpose, shall be inspectors of the election hereby directed; and that the said election shall, in all things, be conducted in like manner, as nearly as may be, as is prescribed in, and by, the fourth, fifth, and seventh sections of the act, entitled "an act, for regulating elections," passed March 29, 1813; and in and by the second section of the act, entitled “an act, recommending a convention of the people of this state,” passed March 13th, 1821; and in, and by, the act, entitled " an act to amend an act, entitled "and act, for regulating elections," passed March 29th, 1813, passed April 11th, 1815. And that the votes given at such elections, shall be canvassed by the inspectors of the several polls; and returns of the said votes shall be made, by the said inspectors, to the clerks of the respective towns and counties; and certificates of such returns shall be recorded by the said clerks, and transcrips of such certificates shall be certified and delivered to the secretary of state, in like manner, as nearly as may be, as is prescribed in, and by, the sixteenth section of the act, entitled "an act for regulating elections," passed March 29, 1813, in relation to votes given for senators.

"That the transcripts last mentioned, having been received by the secretary of state, from the clerks of the respective counties, shall remain in his office of record; and the said secretary, the surveyor-general, the attorney general, the comptroller, and treasurer of this state, or any three of them shall, on the fif