No ministe or priest to hold any office.

Militia.

Magazines,

so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

XXXIX. 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 function; 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.

XL. And whereas it is of the utmost importance to the safety of every state, that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society, to be prepared and willing to defend it; this convention, therefore, in the name, and by the authority of the good people of this state, DOTH ORDAIN, DETERMINE AND DECLARE, That the militia of this state, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this state (peing of the people called Quakers) as from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature, and do pay to the state such sums of money, in lieu of their personal service, as the same may, in the judgment of the legislature, be worth: And that a proper magazine of warlike stores proportionate to the number of inhabitants, be, forever hereafter, at the expense of this state, and by acts of the legislature, established, maintained, and continued, in every county in this state.

XLI. And this convention doth further onnAIN, DETERMINE AND DECLARE, in the name, and by the authority of the good people of Trial by jury. this state, that trial by jury, in all cases, in which it hath heretofore been used in the colony of New-York, shall be established, and remain inviolate forever: And that no acts of attainder shall be passed by the legislature of this state, for crimes other than those committed before the termination of the present war; and that such acts shall not work a corruption of blood. And further, that the legislature of this state shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law.

New courts.

XLII. And this convention doth further, in the name and by the Naturalization. authority of the good people of this state, ORDAIN, DETERMINE AND DECLARE, That it shall be in the discretion of the legislature to naturalize all such persons, and in such manner, as they shall think proper; provided all such of the persons so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this state, shall take an oath of allegiance to this state, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate, and state, in all matters, ecclesiastical as well as civil.

By order:

LEONARD GANSEVOORT, Pres. pro tem.

Preamble.

AMENDMENTS.

In Convention of the Delegates of the State of New-York.
ALBANY, OCTOBER 27, 1801.

WHEREAS the legislature of this state, by their act passed the sixth day of April last, did propose to the citizens of this slate to elect by ballot delegates to meet in convention, "for the purpose of "considering the parts of the constitution of this state, respecting "the number of senators and members of assembly in this state, "and with power to reduce and limit the number of them as the said

"convention might deem proper; and also for the purpose of con"sidering and determining the true construction of the twenty-third "article of the constitution of this state relative to the right of no"mination to office."

And whereas the people of this state have elected the members of this convention for the purpose above expressed; and this convention having maturely considered the subject thus submitted to their determination, do, in the name and by the authority of the people of this state, oRDAIN, DETERMINE AND DECLARE :

sembly to be 100

1. That the number of the members of the assembly hereafter to Members of Asbe elected, shall be one hundred, and shall never exceed one hundred and fifty.

and never to exceed 150.

To be appor

II. That the legislature at their next session, shall apportion the said one hundred members of the assembly among the several coun- tioned by the ties of this state, as nearly as may be, according to the number of electors which shall be found to be in each county by the census directed to be taken in the present year.

Legislature.

III. That from the first Monday in July next, the number of the Number of Sensenators shall be permanently thirty-two, and that the present num- ators reduced to ber of senators shall be reduced to thirty-two in the following man. 32, and the manner of reducing. ner, that is to say :-The seats of the eleven senators composing the first class, whose time of service will expire on the first Monday in July next, shall not be filled up and out of the second elass the seats of one senator from the middle district, and of one senator from the southern district, shall be vacated by the senators of those districts belonging to that class, casting lots among themselves; out of the third class the seats of two senators from the middle district, and of one senator from the eastern district, shall be vacated in the same manner; out of the fourth class the seats of one senator from the middle district, of one senator from the eastern district, and of one senator from the western district, shall be vacated in the same manner; and if any of the said classes shall neglect to cast lots, the senate shall in such case proceed to cast lots for such class or classes so neglecting. And that eight senators shall be chosen at the next election in such districts as the legislature shall direct, for the purpose of apportioning the whole number of senators amongst the four great districts of this state, as nearly as may be, according to the number of electors qualified to vote for senators, which shall be found to be in each of the said districts by the census above mentioned; which eight senators so to be chosen shall form the first class.

tion Senators

IV. That from the first Monday in July next, and on the return of Mode of inevery census thereafter, the number of the assembly shall be increasing the As creased at the rate of two members for every year, until the whole sembly till it arrive to 150 number shall amount to one hundred and fifty; and that upon the and the Legisiareturn of every such census, the legislature shall apportion the sena- ture to appor tors and members of the assembly amongst the great districts and and Assemblycounties of this state, as nearly as may be, according to the number men. of their respective electors: Provided, That the legislature shall not be prohibited by any thing herein contained, from allowing one member of assembly to cach county, heretofore erected within this

state.

tion declared as

V. And this convention do further, in the name and by the au- True construc thority of the people of this state, ORDAIN, DETERMINE AND DE- tion of 23d arFLARE, That by the true construction of the twenty-third article of ticle of constituthe constitution of this state, the right to nominate all officers other to the council of than those who by the constitution are directed to be otherwise ap appointment. pointed, is vested concurrently in the person administering the go. vernment of this state for the time being, and in each of the mem bers of the council of appointment.

By order,

Attest,

JAMES VAN INGEN,

JOSEPH CONSTANT,

A. BURR, President of the Convention,
and Delegate from Orange County.

} Secretaries.

AN ACT

Recommending a Convention of the People of this State.

Duty of inspec. I. B

To vote.

Passed March 13, 1821.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the inspectors at each poll, in the several towns and wards of this state, at the annual election, to be held on the last Tuesday in April next, shall provide a proper box, to receive the ballots of the citizens of this state, in relation to the convention herein after provided for. On which balio's shall be written or printed, by those voters who are in favour of the proposed convention, the word Convention, and by those voters who are opposed thereto, the words No Convention, and that all free male Persons entitled citizens of this state, of the age of twenty-one years or upwards, who shall possess a freehold within this state, or who shall have been actually rated, and paid taxes to this state, or who shall have been actually enrolled in the militia of this state, or in a legal volunteer or uniform corps, and shall have served therein, either as an officer or private; or who shall have been, or now are by law exempt from taxation, or militia duty; or who shall have been assessed to work on the public roads and highways, and shall have worked thereon, or shall have paid a commutation therefor, according to law; shall be allowed, during the three days of such election, to vote by ballot as aforesaid, in the town or ward in which they shall actually reside.

Challenges.

Oath.

Flection how conlucted.

11. And be it further enacted, That it shall be lawful for either of the inspectors of such election, of his own accord, and it shall be the duty of such inspectors, when thereto required by any citizen entitled to vote as aforesaid, to administer to any person offering to ballot as aforesaid, the following oath or affirmation: "I do solemnly swear or affirm, (as the case may be,) that I am a natural born, or naturalized citizen of the state of New-York, or of one of the United States, (as the case may be,) of the age of twenty-one years, or upwards: that I am the owner of a freehold within this state; or that I have been actually rated and paid taxes to this state; or that I actually have been enrolled, and have served in the militia of this state, or in a legal volunteer or uniform.corps, either as an officer or private; or that I have been or now am by law exempt from taxation or militia duty; or that I have been actually assessed to work on public roads and highways, and have worked thereon, or have paid a commutation therefor, according to law: and that I now am an actual resident and inhabitant of the town or ward in which I offer my ballot; and that I have not before voted and will not again vote at this election." And it is hereby declared, that if any per son, so being required to take the said oath or affirmation, shall refuse to take the s me, he shall not be allowed to vote at such elcction, until he shall take such oath or affirmation.

III. And be it further enacted, That the said election shall, in all respects, be conducted, and the poll lists shall be kept, in the manner prescribed by law, for the election of senators; that the said votes shall be canvassed by the inspectors of the several polls of the said election, and the returns thereof made by such inspectors, to the elerks of the respective towns and counties, at the same time, and in the same manner, as the canvass and return of votes for senators are by law directed to be made; that the certificates of the returns of the said votes, shall be recorded by the clerks of the several towns and counties, and transcripts thereof shall be certified, and be transmitted to the secretary of this state, at the same time and in the same manner, as certificates of the votes for senators, are now by law required to be recorded, transcribed, and transmitted to the secreta ry of this state; that the said transcripts received by the secretary of this state as aforesail, shall remain in his office of record, and the

votes so given, shall be canvassed at the same time, by the same persons, and in the same manner, and the result thereof shall be published as is prescribed by law, in relation to the election of sen

aturs.

IV. And be it further enacted, That if it shall appear by the said Duty of cancanvass, to be made as aforesaid, that a majority of the ballots or vassers, votes, given in, and returned as aforesaid, are for No Convention, then and in such case, the canvassers are hereby required to certify and declare that there shall be no further proceedings under this act, in relation to the calling of a convention. But that if it shall appear by the said canvass, that a majority of the ballots or votes are for a Carvention, that then and in such case, the canvassers shall certify

and declare, that a convention will be called accordingly, and that And of the soa copy of the said certificate shall be transmitted by the secretary of cretary. this state, to the sheriffs of the respective cities and counties of this state, and shall be by them published, and copies delivered to the supervisors of the several towns, within the respective counties, in the same manner as notices for the election of senators are now by law required to be published and delivered.

V. And be it further enacted, That in case the said canvassers shall Delegates when certify and declare a majority of such ballots or votes to be for a and how chosen. Convention, it shall and may be lawful, and it is hereby recommend. ed to the citizens of this state, on the third Tuesday of June next, to elect by ballot, delegates to meet in convention, for the purpose of considering the constitution of this state, and making such alterations in the same as they may deem proper; and to provide the manner of making future amendments thereto.

VI. And be it further enacted, That the number of delegates to be Number of defechosen, shall be the same as the number of members of assembly, gates, from the respective cities and counties of this state; and that the same qualifications for voters shall be required on the election for delegates, as is prescribed in the first section of this act, and none other; and that the oath prescribed in the second section of this act, shall be likewise taken by all the voters under this section, if requir

ed; and that all persons entitled to vote by this law for delegates, who are cli shall be eligible to be elected; and that the election for such dele- gible. gates shall be held at such places as the inspectors herein after mentioned, shall for that purpose notify, and shall take place on the said

third Tuesday of June next, and shall continue and be held on that When and how day, and on the two succeeding days; and that the officers in the se. to be chosen. veral towns or wards in this state, authorised to act as inspectors of elections for members of assembly, and the persons who shall be appointed in the several cities of this state for that purpose, shall be the inspectors of the said election for delegates; and that the inspectors of each poll shall provide a box to receive the ballots for delegates, and shall appoint two clerks, each of whom shall keep a poll list of the electors for delegates; and that during the said election the said boxes and poll lists shall be disposed of, and kept in the manner prescribed in the "act for regulating elections ;" and that the election shall be conducted by the inspectors thereof, with the like powers, and in all respects not herein otherwise provided for, as near as may be, in the manner prescribed by law, in cases of elections for members of assembly, except that none of the oaths therein mentioned, shall be administered to any elector, and that at the final close of the poll, the ballots for delegates shall be canvassed, and disposed of, and the names of the persons voted for as delegates, and the number of votes given for each person respectively, shall be certified, and the certificates thereof filed and returned, in the manner and at the times now directed by law, respecting votes for members of assembly; and that the clerks of the respective towns and Duty of county counties of this state, shall enter of record the said certificates, in books to be provided by them for that purpose; and that the clerks of the respective counties shall thereupon, and within ten days after

clerks.

Penalties for ne

returns, &c.

such certificates shall be returned as aforesaid, calculate and ascer. tain the whole number of votes given for the respective candidates, voted for as delegates for such county; and shall determine, con formably to the said certificates of the said inspectors, upon the person or persons duly elected by the greatest number of votes as delegates for such county; which determination shall be entered of record, in the office of such clerk, and such clerk shall cause a certificate of such election to be given to each person so found to be elected as a delegate, within fifteen days after such determination; and shall also transmit a copy of such determination to the office of the secretary of this state, there to be filed and remain of record; and that the inspectors of the said election, or the major part of them, shall give the like notice of the time and place where such election for delegates is to be held, as is directed by law to be given of the time and place of choosing members of assembly; and that the inspectors and clerks of the said election, shall severally (take the oath directed to be taken by the inspectors and clerks of elections, in and by the act entitled, "An act for regulating elections," which oath, either of the said inspectors is hereby authorized to administer; and that it shall be the duty of the proper authority of the several cities in this state, to appoint inspectors of election under this act, in the same manner as they are required by law for annual elec. tions, at least twelve days before the time appointed for holding the election authorized by this act.

VII. And be it further enacted, That if any inspector of the said glect and false elections, or either of them, shall wilfully omit or neglect to make returns of the said election, within the times prescribed as aforesaid, or shall wilfully make any false return, or shall wilfully make or cause to be made, any error in such returns or either of them, and if any clerk of any county shall wilfully certify falsely, the result of e:ther of the said elections, or shall wilfully make or cause to be made, any error in any transcript to be made by him as aforesaid, or shall wilfully neglect or omit to transmit the said transcripts, within the times aforesaid, such inspector or clerk; so offending, shall be liable to indictment and conviction for a misdemeanor, in any court of competent jurisdiction; and upon such conviction, shall be subject to a fine not exceeding one thousand dollars, or to imprisonment in the county prison, not exceeding one year; and shall be disabled to hold any office of honour, trust, or profit, under the authority of this state: And the said inspectors and clerks of elections, clerks of counties, and canvassers, shall be liable, for any other mal and corrupt conduct in relation to the said elections, or either of them, to the penalues prescribed in similar cases, in and by the "act for regulating elections," and the said officers shall be paid for their services at the said elections, or either of them, performed under this act, to the same amount, and in like manner, as they are now directed to be paid by law, for similar services at elections for senators or members of assembly.

Convention

when to meet

uon, &c.

VIII. And be it further enacted, That the delegates so to be chosen, and compensa shail meet in convention at the capitol, in the city of Albany, on the last Tuesday of August next, from whence they may, if they think proper, adjourn to any other place; and they, and their attendants and officers, shall be allowed the like compensation for their travel and attendance, as the members of the legislature are allowed by law; the amount of which shall be certified by the president of the convention, and shall be paid by the treasurer of this state, on the war. rant of the comptroller: and it shall be the duty of the clerks of the Duty of the se- senate and assembly, to attend the said convention, on the opening cretary of state. thereof, and they, and the secretary of this state, shall furnish the said convention with such papers in their possession, as the said convention may deem necesssary; and the secretaries of the convention shall and may provide stationary for the use thereof, the amount of which shall be paid on the certificate of the president thereof, in like manner as the contingent expenses of the assembly are now paid by law.