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It is also certain that many states of the animal and mental capacities are submissive to the changing relations that subsist between this world and the moon.

Several thousand years ago as geological science and history show, earthquakes were more frequent and destructive than in modern times.

The circle of chemical changes on which they depended has to a great extent been completed.

It is now believed the clorine material from decomposed muriates may support volcanic generation of highly elastic gases, though wholly separated from our atmospheric contact.

It is supposed too that volcanic vents may communicate with points very deep in ocean beds.

The equality of tides at the same time on opposite sides of the earth denote no less the general influences causing tides than the special chemical forces that preserve the water in its fluidity.

The laboratory of the entire atmosphere works out both special and general phenomena with strict uniformity of connections and freedom from many disabilities attaining to experimental or even theoretic chemistry.

It ought not therefore to be esteemed strange if a storm or an earthquake however caused at one place, should originate others, at a point remote, but in more direct dependency, as to those results, than other places of greater proximity.

You perceive then that my opinions would favor a generous examination of the positions you have promulgated in reference to assuined relations between earthquakes, storms und changes of temperature occurring simultaneously or in quick succession at places remotely situated.

In another letter I will give some roasons for supposing that the same laws forming æreolites, ander circumstances favoring such products, might under other trains of causation eventuate in giving the phenomena of earthquakes.

In doing so I will advert to the probable immediate causes of the meteoric shower of 1833.

With esteem, yours, &c.

TENNESSEE CORRESPONDENCE. We present on this page a letter from a learned correspondent in the State of Tennessee, being the first of a series of letters from the same individual, which we will place in the succeeding pages in chronological order.

Sept. 25th, 1846. E. MERIAM.

Sir-I observe in your paper numerous facts recorded relative to atmospheric phenomena.

I will from time to time give my mite of ob ervations upon these and some other natural appearances.

Before correct deductions in such departments of philosophy can be made the verge of observation demands to be carefully enlarged.

I will in this communication describe some meteorlites witnessed by myself during the last forty years and would here remark that the paucity of meteoric stony deposits upon the earth's surface is a strong argument against the countless duration in time past of the subsisting constitution of terrene things.

If but one per annum of those enduring memorials fell, long since they ought to cover the earth's surface were the world indefinitely ancient.

In 1806 a very large meteorlite, in a bright day, exploded west of Salisbury with loud reports, setting on fire, as I was credibly informed by an eye-witness of the fact, two dead pine trees and scattering stony fragments.

Its clattering sound was heard passing from the south west and I would infer it was charged with electric properties.

In Warren county, Tenn., in 1811, at night, a meteorlite exploded with an alarming report, fragments from which were glazed with a thin coating of iron.

In the fall of 1813, 8 o'clock in the evening, in Wilson county, Tenn., an ærolite baving the apparent size of a hogshead passed trom the south at a low angle of descent.

The light was exceedingly dazzling, attended with countless crackling reports; it scattered stony fragments upou its explosion twenty miles off and returned a sound like distant thunder.

Perceiving the luminous appearance of my room I ran out and was surprised to see the shadows of the adjacent trees so quickly flitting around.

Col. R. E. W. Earle procured a piece of the stone which was composed of the usual ingredients of meteorlites.

In 1835 I saw a very large sparkling phosphorescent meteor passing from the south west almost horizontally at a great height, and emitting a sound like a rushing wind and the next year another passing north eastward of nearly like appearance but without any sound.

All these meteors arrived from a course between south and west as well as another on or about Feb. 11th, 1812.

This last named descended at an angle of near 450 scattering fragments, among the trees, with several reports like a six pounder.

The light was sparkling like white heated iron, accompanied with a strong smell of sulphur perceptible half a mile from the place as I retired from it and causing my dogs to quit a fox chase in seeming alarm. . At the time some flying cloudscast down a light shower and becoming clear soon after, the sky presented a tremulous appearance resembling the vapor called “ Larences" visible over sand plains, in dry sun-shine, or similar to the dark tremulous appearance above a burning brick-kiln.

This indication from the sky together with a dead calin or stillness portended to us that an earthquake would immediately occur and hastening home, the severest shock occurred of that season.

Preceding the shock cattle and horses had collected as usual near our habitation.

The earth then was slightly tremulous, and the dogs manifested much restlessness, while the cattle lowed upon the approach of the dismal sound from the west and chickens at roost clucked with alarm.

By observation for more than 12 months I can state that always preceding an earthquake in that region the atmosphere was affected apparently like it is preceding a severe hurricane in summer.

An absolute calm prevailed for a longer or shorter period, with murky tremulous spots in the air ; green leaves ceased to move except that scattered clusters

would occasionally rise, trembling like the aspin, pointing upward and downward alternately.

Preceding storms, most wild fowls and birds busily prepare their feathers for flight, and when they soar high toward any quarter the storm will pass on the opposite side, or if the flights be rapid in opposite courses, the tempest will soon be upon the place they desert.

The earthquakes referred to in the valley of the Mississippi began in December on or about the 17th Dec. 1811, and the ground was more or less tremulous during the following 12 months, greatly disturbing the magnet-needle so that the labors of surveyors were arrested or very imperfectly performed over a large district for the most part of the time.

When the first shock occurred in 1811, I was awake after midnight and hearing the rumbling sound approaching I supposed it to be a hurricane, but quickly the swelling sensation of the ground as if per saltem, intimated the earthquake motion.

The gronnd always seemed to swell upwards, by arrested steps, shaking sideways like a sifting operation and then rising again so as to repeat three or four times and then the sound passing by, the surface ground, would seem to sink, by leaps gently downwards, with intervening side shaking,

I was then situated one hundred and fifty miles dne east from Little and Big Praries where was the central forces of these earthquakes near New Madrid.

We at once supposed much destruction had occurred in that unsettled country and soon learned from returning hunters that many boats were lost, extensive districts flooded and sunken, new lakes formed and the bottoms of old ones made dry.

At New Madrid the river ran up stream, returning over flats before dry and the bottom of the lagoon back of the town being raised up, ancient Indian mounds appeared.

When the upheared ground began to subside the pressure caused water to spout upward from the alluvial soil like large rain drops.

Numerous faults of geologic character were made by the cracks, one side being elevated and the other depressed.

The Hats of the Mississippi river being 50 or 60 miles wide and having the upper crust suspended over timber deposits and many hundred feet in depth of white quick sandsenveloped in water, allowed lengthy depressions to be made as at Wood Lake.

The green timber covered with the rising waters 10 or 20 feet, soon died and rotted off at the water surface thus leaving forests of stumps horizontal at top, which in many places are now completely covered with alluvian new deposits and at some points a new forest of cotton wood and other luxuriant timber occupies the surface above the standing remains of the former.

Some of the younger cotton woods when enveloped as described, did not die. but at the new made surface put forth a crowd of roots, whilst the center tree becoming a root, has grown but little in size aud now when the river invading the bank, developes this spectacle, it presently engulphs the uprooted tree in its waters.

It is singular that always when earthquakes happen about this region, accounts arrive of earthquakes at Carraccas, or in the Carrabean Islands, or at some point in the Mexican Gulf immediately preceding them and yet no shocks are felt in the New-Orleans districts directly between them.

Would not this fact indicate that admitting any connection of cause and effect exists between these quaking points so remote from each other, it must act through a channel passing at a deep angle or course below New-Orleans in the interior earth?

Now we know that the pivot or ballancing point of reciprocative gravitation between the moon and the earth always rests some 1500 or 2000 miles within the earth’s body, and may it be that this point of neutrality, by the necessary changes of its position, operates as an exitant upon the electro magnetic relations of the earth so that under certain recurring aptitudes chemical results arise suited to yielding earthquake phenomena?

At some past period the stratified rocky crust of the earth attained its cleavages and methodized stratification under a more active condition of chemico-electricity than now exists.

That lunar influence acts upon the waters, and causes tides in the atmosphere and among vapors that form clouds, no common sense observer can doubt.

HEAT IN SICILY. Throughout Sicily an unexampled heat and drought prevails. On the southern coast of the island, from Trepani to Massala, and even to Girgenti, all vegetation is perishing for want of water. At Trepani, a barrel of water, containing forty-eight to fifty bottles, sells for one franc and fifty centimes, while the same quantity of good table wine costs but seven francs and eighty centimes. If this scarcity of water continues all the harvest, even that of raisins, will fail.

The snow contractors of all the cities of Sicily are in the greatest embarrassment. They had agreed to furnish the population with snow at a moderate price. But last winter the temperature was so mild that very little fell, and the provision of it made at Madonia is exhausted. As snow is indispensable during the summer in Sicily, for the preservation of food, the public exacts of the contractors that they shall procure it, and the latter find themselves compelled to go to the grottoes of Etna, which can only be done at an enormous expense.- Boston Daily Adverliser, Sept. 23.

DROUGHT. On the two last days in July we had in this neighborhood between three and four inches of rain. Since that time, we have had a few small showers; but the whole amount of rain fallen for ten weeks, has not probably exceeded half an inch. The effect of the drought is very severely felt around us. In this town, many of the wells have given out. At the Plains, six out of seven wells are dry. At the Shoals and at Newcastle, the wells have given out, and water is carried from Portsmouth for the supply. It is so scarce at the latter place, that it has been sold by the quart. It is also very scarce at Kitterey and York. In some places not far from Portsmouth, cattle are driven several miles to be watered. A letter from a lady over eighty years of age, resident at Cornish, near Claremount, on Connecticut River, to a friend in the town, states that the water in the Connecticut, at Cornish, is so low that boys ford the river; she never knew it as low before. -Portsmouth (N. H.) Journal, Oct. 13.

No. 16. In SENATE-JAN. 16, 1847.











3 3






[The references in the index are to the Article and Section of the Constitution.]

Art, Sec. Assessment Commissioners not to be appointed by the Supreme Court.

1 7 Abuses-in Assessments, to be prevented 8 9 Academies—support of,

9 1 Actions or suits--not to be affected,....

1 18 by or against corporations,.. 8 3 Adjournment-neither house to adjourn with.

out consent of the other,... 3 11 Adjutant-General-appointment and tenure of office,

11 3 Agricultural Land-certain leases or grants to be void...

1 14 Alienation of Lands-restraints upon, to be


1 15 Amendments to Bills—may be made in either


3 13 to the Constitution-[See Constitution,] 13 1 Appropriation Laws—to be passed within two years,

7 8 to specify distinctly sum appropriated,

7 bills, how to be passed, 7 14 Assembly-number of members,

3 2 mumber when and how apportioned,...

3 5 districts, how and when formed, when reorganized,....

5 compensation of members, members not to receive State civil appointinents,

3 7 accepting U. S. office, vacates seat of member,..

3 election to be held in November, 3 9 to judge of qualifications, elections, &c.,....

3 10 to choose its own officers,

3 10 to keep a journal and publish the same,

3 11 to sit with open doors, except &c. 3 11 not to adjourn without consent of the Senate,...

3 11 members not to be questioned

elsewhere for words

said in debate,.... 3 12 majority of, necessary to

3 15 has the power of impeachment, . 6 1 first election of members,

14 1 Assistant Vice-Chancellor-office abolished,.. 14 8 Attorney-General-election and tenure of of.


5 1 compensation, not to receive fees,

5 1 Commissioner of the Land-Otlice, 5 5

Canal Fund, 5 member of the Canal Board 5 5 when incumbent to go out of office,

14 3 Attorney. District-[see District Attorney,. 10 1 Ayes and Noes-on final passage of bills,.. 3 15

to be entered on journal, 3 15 on bills returned by Govern

or with objections,.... 4 9 on removal of judicial officers 6 11 on certain bills to create debt 7 12 on tax and appropriation bills 7 14 on amendments to the Con. stitution,

13 1 Bail-excessive not to be required,

1 Ballot-elections to be by, except for town of ficers,...

2 5 Bankingno special charter for, to be granted, 8 4

suspension of specie payments not
to be sanctioned,

8 5
stockholders to be iudividually liable
to a limited extent,

8 7 bill-holders preferred in cases of insolvency,..

8 8 Bank Notes or Bills-to be registered, and se

curity given,

8 6

to be first paid in cases
of insolvency,...

8 8 Black River Canal—to be completed,.. 7 3

not be sold or leased,.. 7 6 Betting on Elections-persons may be ex

cluded from voting, 2 2 Bills-laws to be passed by,

3 14 private and local, title of,

3 16 enacting clause of,

3 14 question on final passage, .

3 15 returned from Governor with objections, 4 9 to create debt,

7 12 Bills for-tax and appropriation, three-fifths quorum,....

7 14 Bribery-persons guilty of,...

2 2 Borrowing money,-state may horrow for de

ficit in sinking fund,.. not exceeding $1,000,000, 710 to repel invasion,... 7 11 with assent of the people, 7 12 cities and villages to be restricted in,

8 Buffalo City Courts—how created,.

6 14 judges of to be elected,. 6 18

how removed if
of record,.. 6 11

if not of rec'd, 6 17 Canals-revenues. (See revenues of canals.] to be completed,

7 3 not to be sold, leased or disposed of, 7 6 Canal Commissioners-election and tenure of


5 3 term of office to be de

signed by lot...... 5 3 members of canal board, 5 5 present, when to go out of office,...

14 3 Canal Fand Commissioners. [See commission

ers of the canal

fund,] Canal Board-of whom it shall consist,..

5 its powers and duties,

6 Chancellor-office of abolished,

14 to hear causes till July, 1848,.... 14 6 eligible at first election,

14 9 vacancy in office supplied by Governor and Senate,..

14 7 Chancery. [See court of chancery.] Census of the state-when to be taken,.... 3 4 Clerk of the Court of Appeals-election and to

mure of,..... 6 19 compensation,. 6. 19 office to be at seat of govern ment,..

6 19

first election of, 14 4 Clerk of the Supreme Court-connty clerks to be, 6 19 Clerks of Counties. [See county clerks. ] Clerk and Register of N. Y. City-election and

tenure,... 10 1 how removed, to be

heard in defence, 10 1 time of election.... 10 4 vacancy how filled, 10 5 to hold unexpired terms,

14 10 Credit of the State-not to be loaned,.

7 9 of cities and villages, to be restricted,.. 9 Citizens-not to be disfranchised unless by law, 11

not to answer for crimes except on
indictments, &c.,.....

not to be twice put in jeopardy for
same offence,..

1 Cities—may be created by special act,.

8 1 to be restricted in their powers,.

8 officers of to be elected or appointed, 10 2 City courts. (See Courts in cities.] Crime-no one to answer except on presentments, &c.,..

1 6 Criminal Cases-no one to be a witness against himself,..

1 6 Circuit Courts-any justice of supreme conrt

may hold terms of,....... 6 9 Circuit Judge-office of abolished,..

14 8 eligible to office at first election, 14 9 Chief Judge of the Court of Appeals,.... 6 2 Chief Justice of Supreme Court-how to be de

signated, .. 6 6 to preside at general terms, 6 6

Code-Commissioners to reduce laws into,... 1 17 Colonial Acts—the law of this State,

1 17 Colored Persons—what entitled to vote,. 2 1

certain not to be taxed,.. 2 1 Common Law-part of the law of this State, 1 17 Common School Fund-capital inviolate,..... 9 1

income how applied,. 9 1 Common Pleas Courts-business transferred,. 14 5

judges of abolished,. 14 8 Comptroller-election of and tenure of office, 5 1

compensation; not to receive fees, 5 1 commissioner of the land office,.. 5 commissioner of the canal fund,. 5

5 member of the canal board,..... 5 when present incumbent to go out of office,..

14 Commissioners of Estimate and Assessment, 17 Commissioners of the Canal Fund--who shall be, 5 5

to determine by lot the terms

of Canal Commissioners,.. 5 3

powers and duties,..... 5 6 Commissioners of the Land-Office--who shall be, 5 5 powers and duties,...

5 6 may sell lands contiguous to the salt springs,

7 Commissioners to form code and report to the Legislature.....

1 17 vacancies how supplied, and compensation,

1 17 to simplify pleadings and practice, 6 24

of supreme court; office abolished, 14 8 Commissary-General-appointment and tenure of office,

11 3 to give security,

11 3 Compensation-of members of the Legislature, 3 6 of the Governor,

4 4 of Lieutenant-Governor,.

4 8 of judges of court of appeals

and justicesof supreme court, 67 of county judge,

6 14 Conciliation-tribunals of, may be established, 6 23 Conciliation—not to render judgment except, &c.

6 23 Conscience-liberty of, not to excuse of licentiousness,

1 3 persons exempt from militia duty,

11 1 Constitution—how amended,.

13 1 majority of each house necessary to propose amendments to,

13 1 amendments to be published

before election of Senators, 13 1 maj. of each house of next le

gislature must agree

13 1 amendments to be approved

of by a maj. of electors

13 1 when to take effect,

14 14 Convention to revise the Constitution, when

question to be submitted,.. 13 2 maj. of electors voting at the election necessary

13 2 delegates to be elected, 13 2 Congress-members of ineligible to the Legislature,

3 8 Corporations—to be formed under general laws,

8 1 by special act in certain cases, 8 1 general laws may be altered, 8 1 dues from, how secured,.... 8 2 defined-to sue and be sued in all courts,

8 3 for banking, not to be created by special act,

8 4 bank notes to be registered and secured,

8 6 stockholders in banks individually liable to a limited extent,

8 7 bank notes to be first paid,.. 8 restrictions on municipal,

9 Corporate rights or charters not affected, 1 18 Corouers-election and tenure of office, 10 1

Governor may remove, after
hearing defence,

10 1 time of election,

10 4 to hold unexpired terms,.... 14 10 * Same Folio as the Constitution.


pass bills,...







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6 6




County-pot to be divided in forming Senate. districts except &c.,

3 4 each county to liave member

of Assembly, except Ha-

3 5
supervisors may have power
of local legislation,..

3 17 not to be liable for acts of Sheriff,...

10 1 officers to be elected or ap

pointed according to law,.. 10 2 County Clerks—to be clerk of Supreme court, 6 19

election, tenure of office and
how removed,

10 1 time of election,...

10 4 vacancies how filled,.

10 to hold unexpired terms,. 14 10 County Judge-election and tenure,

6 14 to hold county court and perform duties of surrogate, ...:

6 14 jurisdiction in causes arising in justice's court,

6 14 in special cases,

6 14 with two justices to hold court of sessions,

6 14 to receive a salary,

6 14 inay have equity jurisdiction conferred on

6 14 two officers may be created, 6 15 how removed,

6 11 first election of,

14 4 Counsol-party accused entitled to,

1 6 Court for the trial of impeachments—members of,

1 to be sworn before trial.

1 two thirds present necessary to convict,

1 judgment,

6 1 Court of Appeals—to have eight judges

four to be elected and classi.

6 2
selected from Supreme

6 2 chief judge how designated,.. 6 2 time and place of holding terms,

6 9 writs of error and appeals to, 6 25 Court, Supreme-of law and equity,.

6 3 state to be divided into eight districts,

6 4 four justices in each,

6 4 one or more chief justice to be designated,

6 6 general terms held by three, 6 6 special one,

6 6 time and place of holding terms,

6 9 who may practice in,... 6

when to enter upon duties, 14 4 Court Supreme, uld-writs of error from to courts of appeals,

6 25 to hear causes till July, 1848, 14 6 vacancy to be filled,

14 7 Court of Oyer and Terminer-justice of Su

preme court to preside, terms of

6 9 business when transferred, 14 5 Courts of Sessions-by whom held,

14 Courts in Cities, Civil and Criminal-may be established,

6 14 uniform except in N. York and Buffalo,

6 14 judges to be elected,

6 17 decision may be removed to court of appeals,

6 21 judges, how removed if of record,

6 11 Courts in Cities, Civil and Criminal--not of record,

6 17 Court for the Correction of Errors-business

pending to be transferred,. 6 25 Court of Chancery-Appeals to court of appeals,

6 25 to decide causes vill July, 1948,

14 business to be transferred,... 14 5

masters in chancery to act, 14 6 Courts of General Sessions-business trausferred.

14 5 Culling-officers for, abolished,

5 8

Debate Legislative–Freedom of secured..... 3 12
Debts-obligation of, not to be impaired,.... 1 18

due the State from corpora-
tions to be enforced

4 “ time of payment inay be extended,

4 Debt-levs. of canal to pay yearly $1,300,000,7

1,700,000, 7 1

350,000, 7 2

1,500,000, 7 to supply deficit in Sinking Fund,

7 5 pot to exceed $1,000,000,. 7 10 money borrowed, how to be used,

7 10 to repel invasion, repress insurrection, &c.,

7 11 Debt-money borrowed, how to be used,... 7 11

not to create other, without

providing for payment,.... 7 12 not without being approved by the people,..

7 12 law for, how to be passed, and question on,....

7 12 may be repealed in part,.... 7 12 tax for debt incurred, not repealable,...

7 12 act to be snbmitted after three months,

7 12 but not at a general election, 7 12 cities and villages to be restricted in creating,.

8 9 Decisions-judicial to be published,

6 22 publication free,

6 22 Districts, Senate,

3 3 how and when altered,

3 4 Districts, Assembly-how and when altered,. 3 5 Distrtcis, Judicial; [See Judicial Districts of

Sup. Court.)
District Attorneys-election and tenure of of-

Gov. may remove, to be heard
in defence,

time of election,

10 4 incumbent, when to go out of office,

14 3 Divorce, not to be granted without judicial proceedings,

1 10 Duration of office, when not fixed by law, 10 3 Elections—to be by ballot,

2 of members of the Legislature when held,.....

3 of Gov. and Lt. Governor, 4 3 Secretary of State and other State officers,

5 1 Election-of sheriffs, &c.,

10 judges, justices of supreme court, &c.,

14 4 Electors-qualifications of,

1 guilty of bribery, larceny, bet

ting, &co, may be deprived

of right of voting, .. 2 2

what constitutes residence of, 23 Enumeration of inhabitants, when taken,.... 3 Engineer. (See State engineer and surveyor.] Errors-court for the correction of, business to be transf'd,

6 25 Erie Canal-enlargement to be completed, 7 3

not to be sold, leased, &c., 7 6 Escheat to the people,

1 11 Executive power vested in Governor, Examiner in Chancery -office abolished,.... 14 Fees-Secretary of State not to receive, to his use,

5 1 Comptroller, Treasurer and Att'y Gen'l, do......

5 1 no judicial officer to receive

fees except justice of the

6 20 certain judicial officers may re

ceive till July, 1847, 14 11 Feudal Tenures—abolished,

1 12 Freedoin of speech and press secured,

debate in Legislature secured, 3 12 religion,

1 Fines-excessive not to be iinposed,...

1 and quarter sales to be void,. 1 15 Fund, Sinking. (See sinking fund. ] [See Com. School, Literature, U. S. Deposit] Funds-10 noney paid from without appru


7 8 General Sessions-courts of, business transferred,

14 5 Genesee Valley canal-to be completed, 7 3

not to be sold or leased, 7 6 Government expenses—from canal revenues,

$200,000, 7 350,000, 7 3

672,500, 7 3 Governor-executive power vested in, and terın of office,

4 1 who eligible, when and how elected,

4 3
commander-in.chief, &c.,....
to cominunicate by message, 4
to convene Legislature, or Še.

nate only,
to execute laws, compensa-

4 to grant reprieves pardons, &c. 5 to suspend execution in cases

of treason,
to report pardons & reprieves

4 5 when out of State, at head of

military force,
not to appoint members of

Legislature to ottice,...... 7

to sign bills if he approve,
If disapproved, to be returned with

4 9 to determine by the terms of Inspectors of State Prison,

4 to fill vacancy in office,

5 4 may suspend Treasurer, &c.,..... 5 7 may appoint another to perforin duties,

5 7 to remove judicial officers with consent ot' Senate,..

6 11 to fill vacancy in office of judge of court of appeals,

6 13 to fill vacancy in office of justice of sup. court,

6 13 may remove sheriff, county clerk,

district attorney, and coroner,.. 10 1 may appoint, with consent of sen

ate, Major Generals and Com-
missary General, .

11 3
to nominate chancellor and justice
of sup. court,

14 7 first election of Grants-certain, with rents reserved, void, 1 14

from king of Great Britain,.. 1 18 Guaging-office for, abolished,

5 8 Habeas Corpus—not be suspended, except, &c. 1 4 Hamilton County-to elect member with Ful. ton,..

3 5 Impeachment-Assembly has the power of,.. 6 1

judgment on conviction,.. 6 1 persons convicted liable to indictment,..

6 1 [See Court for the Trial of.] Indictment-not to be tried without..... 16

persons convicted on impeach-
ment liable to,

6 1 Indiang-purchases of land from, void,.... 1 16 Infamous crime-not to answer for, unless on presentment, &c.,

1 6 persons guilty, may be de

prived of right to vote, Inspectors of State Prison-election and tenure

of office,.... terms to be determined by lot, 5 4 to have charge of State prison, 5 4 to appoint all officers therein, 5 4 vacancies to be filled by Gov., 5 4 when incumbents go out of office,...

14 3 Inspections—all offices for abolished, and not to be created,..

5 Invasions, &c.-debt may be cieated for,.. 7 11

money raised, how used. 7 11 Jeopardy-not to be twice put in, for same offence,

1 6 Journuls--of each House to be kept and pub

lished, except, &c., 3 11

yeas and nays to be entered in, 3 15 Journal objections of Gov. to be entered on, 9 Judges of the court of appeals-who io be, and

tenure of office,





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6 6

8 8


11 11



election of four, and

selection of four,.. 6 2 compensation, 6 7

election of,.... 6 12 to hold no other office or trust,

6 8 members of the court for the trial of impeachments,

6 1 votes given for, voil,....

6 not to appoint to office,.

6 8 may be removed by joint resolution, 6 11 to be heard in defence,..

6 11 vacancy in office to be filled by Gov. 6 13 election for residue of term,... 6 13 not to receive fees,

6 20 first election of,...

14 4 Judge of county court-election and tenure of office,.....

6 14 to hold county court and act as surrogate,...

6 14 jurisdiction in cases arising in justice's court,

6 14 jurisdiction in special cases,...

6 14 with two justices to hold court of sessions.,.

6 14 compensation

6 14 equity jurisdiction may be con'ferred on,....

6 14 two officers may be created, 6 15 how removed,..

6 11 first election of,

14 14 Judge of the old county court-office of, abo

lished, 14 8 Judgments of inferior courts in cities—may be

removed to courts of appeals, 621 Judicial officers—first election of,..

14 4 when impeached, not to act, 6 1 certain, may be removed by

Governor and Senate,... 6 11 may be removed by joint resolution,

6 11 to be heard in defence,.. 6 11 in cities and villages to be elected,

6 18 not to receive fees,...... 6 20 those in office may receive fees,...

14 11 Judicial districts--of supreme court,..

6 4 when reorganized,.

6 16 may be increased or dimi. nished,..

6 16 each to have four justices,.. 6 16 decreased, not to affect re

moval of justices, ..... 6 16 Jurisdiction of courts—when to be transferred, 14 5

of the court for the correction
of errors, ...

6 25 of law and equity, and pro

ceedings, may be altered,.. 6 5 Jury-right of trial by, secured'; when waivd 1 2

to assess value of property,.. 17
in libel cases to determine law
and fact,

1 8 Justices of the Supreme Court-number and tenure of office,

6 4 to be elected and classified,.. 64 how elected,

6 12 one or more chief justices;.. 6 6 compensation,

6 7 to hold no other office or trust,

6 8 votes given for, void,

6 8 not to appoint to office,

6 8 classification,

6 9 removal by concurrent res., 6 11 vacancy to be filled by Gov., 6 13 election for residue of term- 6 13 not to receive feus,..

6 20 first election of,

14 4 Justices of the old Supreme Court-office of abolislied,

14 8 to act till July, 1848,

14 6 eligible at first election, 14 9 Justices of the peace-members of court of ssesions,

to hold unexpired terms..... 14 10 King of Great Britain-grants of lands by. 1 18 Land-ultimate property in...

1 11 all to be allodial,

1 13 certain leases over 12 years void,. 1 14

purchases from Indians void unless, &c. 1 16 Land office--commissioners of,...

5 Laws--to be enacted by bill only,..

3 14 to be enforced by Governor,..

4 4 certain, to be submitted to the people 7 12

mode of enacting, (See Bills.) Law and Equity-supreme court of...... 6 3

jurisdiction and proceedings

in may be altered,.... 5

who may practice,..... Lawyers—who may be,..

6 Life and Liberty-not to be deprived of without, &c., .

1 6 Liberty of Conscience-not to justify acts of

licentiousness, &c... 1 3 Libel-iruth to be given in evidence,... 1 8

law and fact to be determined by the

1 8 Literature Fund inviolate, and revenues low applied,

9 1 Liability of corporators and stockholders, ..

in banking business limited, 8 7 Lieutenant-Governor-election and tenure of office,

4 1 qualifications and eligibility, President of the Senate and casting vote. 4 7 compensation of. 4 8 Commissioner of the Land Office,

5 5 of the Canal Fund.. 5 5 Members of the Canal Board,

5 5 of the Court for the trial of impeachments, 6 1 not to sit on trial of Governor

6 1 first election of,

14 2 Legislature-what constitutes....

3 1 compensation of members of, 3 6 members not to receive civil appointments, when elected,... 3 7 majority constitutes a qnorum, 3 10 each house to deterinine its own rules,....

3 10 to choose its own officers,... 3 10 to judge of elections, &c., 3 10 to keep a journal, &c.,..... 3 11 to keep open doors,

3 11 not to adjourn without consent, 3 11 freedom of debate in, secured,.. 3 12 may confer powers of local legislation,

3 17 to elect Goy. and Lt. Gov. in certain cases,

4 3 extra session of, how called,. 4 4 may altar jurisdiction and pro

ceedings in law and equity.. 6 5 to provide for publication of laws and decisions,..

6 22 to organize Court of Appeals,.. 6 25 to create corporations by general laws,

8 1 to provide for organization of cities and villages,

8 9 to restrict the powers of cities and villages,

8 9 to provide for filling vacancies in office,

10 5 legislative term, when to commence,

10 6 when to assemble,

10 6 to provide for removal of officers 10 7 to declare what constitutes vacancy,

10 8 to fix time for electing militia officers,

11 4 may change mode of choosing do. 11 to provide for delegates to convention,.....

13 2 Local Bills—to embrace but one subject,.. 3 16

subject to be expressed in title, 3 16 Local Legislation-may be conferred on supervisors,..

6 14 compensation as such, 6 14 election and tenure of office, 5 17 election to fill vacancy,. 6 17 number and classification regulated,

6 17 how removed,

6 17

3 17

Lotteries prohibited,......

1 10 Majority of each House necessary to form a

quorum, 3 10

to pass bills, 3 15 Masters in Chancery-office of, abolished,.... 14 8

to act until July, 1848, 14 6 Message-Gov. to communicate by, to the Legislature,..

4 4 objections to bill,..

4 9 Measures and weights-standard of, how sup

plied,.. Measuring—office for, abolished, and not to be created,...

5 8 Militia-Governor commander-in-chief of,.... 4 4 to be armed and disciplined,.:

11 1 exemptions on religious scruples,... 11 1 officers of, how chosen,..

11 2 major-generals and commissary ge

neral of, how appointed,.. 11 3 adjutant-general and chiefs of staff

department, how appointed, 11 time of chosing militia officers,

4 officers, how commissioned,. how removed, .

11 5 Legislature may change mode of chosing officers, ...

11 6 Money-not to be paid without appropriation in two years,..

7 when borrowed how used,.

7 10 do do

7 11 do do

7 12 Municipal corporations—may be created by

special acts,.... 8 1 Legislature to provide for organization of,..

8 9 Legislature to restrict powers

of taxation, debt, &c.,.... 8 9 New-York city-Senate districts in,

3 3 Supreme Court judicial dis't. may have more than four jus

tices of Supreme Court,.. 6 4 to have city courts,

6 14 courts in, to continue until altered,

14 12 Superior court continued until altered,...

14 12 Oath of office-form of, no other test required, 12 1 Offices for weighing, inspecting, &c., abolished, 5

not to extend to office for protecting
health, &c.,.....

5 8 Officers--county, how to be elected or appointed,

10 2 city and town, how to be elected or appointed,..

10 2 other, elected or appointed as law shall direct,

10 2 removal of other than judicial, local or legislative,

10 7 militia, how chosen,...

11 2 major generals, &c.,.... 11 3 oath of,...

12 1 tenure of, when not fixed by law or Constitution,..

10 3 Oyer and terminer. [See court of.] Pardons and commutations, &c.,...

4 5 laws may be passed regulating mode of applying for,...

4 5 Governor to report yearly,

4 5 Practice of courts to be simplified,

6 24 Petition-right of not to be abridged,..

1 10 President of the Senate-Lieut.-Gov., casting


4 7 pro. tem., when chosen, 3 10

when to act as Gov'r, 4 7 Personal liability of stockholders and corporators, none provided, unless by legislature,.. 8

in banking corporations limited, 8 7 Pleadings to be revised and simplified,.. 6 24 Political year-when to begin,...

10 6 Property-not to be taken without process of


without just compensation, 1 value to be ascertained by jury or com'rs, 7

by jury for private road, 17 public, taken for local or private purposes requires two-thirds,

1 9 ultimate, in lands possessed by the State, 111 rights of not affected,..

1 18 Private Road-may be opened,...

1 7 damages to be found by jury, 17



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6 6


and nays,

5 6






Private or local 'Bills—to embrace but one

subject,..... 3 16

title of, to state the subject, 3 16 Punishment-cruel or unusual not to be inflicted, 1 5 Public Money or property taken for local or pri

vate purpose requires two-thirds, 19
not to be paid without appropria-
tion in two years, ::

7 8 Qualification of Members and Election-each

house to determine, 3 10 Quarter Sales,-to be void,

1 15 Question on bill to borrow money, how put, ..

7 12 Quorum-majority of each house, .

3 10 three-fifths of each house required.. 7 14 Register in New-York] See clerk and register

of New-York city.] Religion-freedom in secured,..

1 3 Removal-of Judges of the Court of Appeals, 6 11 of Justices of the Supreme court, .

6 11 decease of districts not to effect,.. 6 16 of Justices of the Peace,

6 17 of Judges of inferior courts, if not of record, ....

6 17 if of record. 6 11 of officers other than judicial, local or legislative,

10 7 Rent and Services-certain, saved and protected, .

1 12 Reports of decisions to be published,

6 22 Resolutions certain-law of the State,

1 17 Residence-of elector what shall be,

2 3 of person eligible to the office of

Governor, .
Reprieves—and pardons for offences,.

4 5
mode of applying for may be regu-
lated by law,

4 5 to be communicated to the Legislature yearly,...

5 Revenues of Canals—to pay superintendence and repairs,

7 1 $1,300,000 on canal debt yearly,.

7 1 $1,700,000 on canal debt yearly,......

7 1 $350.000 on general fund debt,.

7 2 $1,500,000 on general fund debt,

7 2 to repay deficiency in the sinking fund, 7 5 to pay $200,000 to expenses of government..

7 3 to pay $350,000 to expenses of government,

7 3 to pay $672,500 to expenses of government,

7 Rules-each house to determine its own,.... 3 10 Salt Springs--not to be sold,

lands contiguous, may be sold,.. 7 7 State-not to loan its credit, may create $1,000,000 debt,

7 10 State engineer and Surveyor-election and ten.

ure of office,... 5 2 to bo practical engineer... 5 commissioner of land office, 5

member of canal board,.. Statutes, certain-law of this State,...

1 17 to be published-publication free,.. 6 22 State prisons—(see Inspectors of State pris

ons.] ... Secrecy of Legislative proceedings—when al

lowed,.. 3 11 Secretary of State-election and tenure of office, 5 1

compensation, not to receive

5 1 Secretary of State-commissioner of the land office,

5 5 of the canal fund, 5 member of the canal board, incumbent when to go out out of office,

14 3 Senate-number of Senators,

3 2 districts,

3 3 when and how altered, not to divide counties in forming,

3 4 compensation,

6 not to receive civil appointments, accepting U. S. office vacates seat of 3 8 majority to constitute a quorum..... 3 10 to determine its own rules, and judge of elections, &c.

to keep and publish journal, and open

3 11 not to adjourn without consent of Assembly,..

3 11 freedom of debate secured,..

3 12 majority requisite to pass bills, 3 15 question on bills to be taken by ayes

3 15 extra session may be convened,... 4 7 president of, and president pro tem., 4 4 members of the court for the trial of impeachments,..

6 1 majority to remove judge of court of appeals, &c.,....

6 11 may remove judicial officers on recmendation of Governor,...

6 11

militia, ... 11 5 may appoint on nomination of the Governor,

11 3 first election of Senators, &c,..... 14 1

incumbents when to go out of office 141 Sessions, Court of—by whom held,..

6 14 Speaker of the Assembly-commissioner of

the land office,.. 5 5

compensation of,. 3 6 Speech-freedoom of, secured,

1 8 in legislative debate,

3 12 Specie payments of banks, not to be suspended, 8

of bank bills to be secured.. Sheriffs-election and tenure of office, 10 1 vacancy in office of,...

10 5 to hold no other office and ineligible for next term,...

10 1 to renew security and in default, office vacant,

10 1 county not to be responsible for acts of,...

10 1 Governor may remove, and to be heard in defence,

10 1 time of election of,

10 4 incumbent to held unexpired term,. 14 10 Sinking Fund—$1.300,000 from canal reve

nues yearly,..... 7 $1,700,000

7 $350.000

7 2 $1,500,000

7 2 if deferred, interest to be computed on,

7 2 dues from incorporated companies, part of,

74 money may be borrowed on credit of,

7 5 money to be repaid from canal revenues,

7 5 School Fund-capital inviolate and revenues how applied,

9 1 Suffrage-rights of,

2 1 who may be deprived of,

2 2 proofs of how ascertained,

2 4 Suits—certain not affected,

1 18 Supervisors of counties to make Assembly districts,

3 5 of N. Y. city to make Senate districts, 3 3 boards of, may have power of local legislation,

3 17 may apply for election of officers to act as surrogate, &c...

6 15 Supreme Court of Law and Equity. [See

Court, Supreme.)

old. [Soe Supreme court, old.] Supreme Court Comunis'r-office of abolished, 14 8 Surrogate-county judge to perform duties of, 6 14

separate office in certain counties, 6 14 in case of inability or vacancy,...

6 15 how removed,

6 11 old office of abolished,..

14 8 Surveyor, State. [See engineer and surveyor.] Surveyor General—when to go out of office,. 14 8 Taxation-certain colored persons exempt from,

2 1 cities and villages to be restricted in

8 9 Tax direct-to support expenses of government, 7 3

to supply deficiency in Sinking

7 5
to be repaid from canal revenues, 7 5
law to state distinctly object of,.. 7 13
bill for to be passed by ayes and

3 10

7 14

three-fifths to make a quorum,... 7 14 Travel of members of Legislature-compensa

tion for,. 3 6 Testimony in Equity cases—hcw taken, 6 10 Treason-Governor inay suspend execution of sentence,

4 5 legislature may pardon,.. Treasurer-election and tenure of office of...

compensation of, not to receive fees 5
Commissioner of the Land Office,

Canal Fund,. 5
member of the Canal Board, 5
may be suspended by Governor

and vacancy supplied,... 5 7

incumbent when to go out of office, 14 3 Treasury-no money to be paid from without appropriation,...

7 8 Title of bills-local and private,..

3 16 Tribunals of conciliation, and powers,.

6 23 Town officers to be elected or appointed,.... 10 2 Three-fifths necessary for quorum,

7 14 Two-thirds of all elected to pass certain bills,. 19

of all present on bill returned by

of all present to change mode of

choosing militia officers, &c..... 11 6
of all elected to remove judge or
justice of supreme court,

6 11 United States' officers-judicial or military not seat in Legislature,

3 8 Deposite Fund-income of how applied,

9 1 Vacancy in office of Treasurer,

5 7 Judge of Court of Ap

peals and Justice of Su-
preme Court,..

6 13 county judge in certain

6 15 justice of the peace, 6 17 sheriffs, &c., and how filled till next political year, 10

5 legislature to declare what constitutes,

10 provide for supplying,.. 10 7 of present Chancellor and

justices of Supreme

14 7 Veto of the Governor,

4 9 Vice-Chancellor-office of, abolished,..

14 Villages may be created by special acts,.. 8

judicial officers in. to be elected,.. 6 18 to be restricted in powers of taxation, 8 officers in, to be elected or appointed, 10

courts in, to continue until altered,... 14 12 Votes-certain, for members of the Legislature, void,

3 7 for Judges of the Court of Appeals, 6 8

Supreme Court,. Weighing-all offices for, abolished,

5 Weights and measures-standards of, how sup


5 Witness—not incompetent on account of religious belief,

1 3 not to be unreasonably detained, 1 5 not to testify against himself'in crimnal cases, .

1 Writs of error to the Court of Appeals,

6 25 Year-political and legislative term,

10 6 Yeas and nays-(see ayes and nays.]

STATE CONSTITUTION.... ERRATA. Art. 1, Sec. 7, 6th line, before word “ manner," insert word the instead of a."

Sec. 11, at the end of fourth line after word "heirs," should be a comma.

Art. Sec. 2. 6th line, after word “ election," and before word “from," should be a comma.

Art. 3, Sec. 10, second line, after word “rule" add an s so as to read rules.

Art. 4, sec. 6, first line, after word “Governor " should be a comma.

Art 5, Sec. 8, sixth line the word “ interest" should read interests, and next line below the word “ pros perity" should read property.

Art. 7, Sec. 3, the word and in 12th line is inserted twice, one should be struck out.

Art. 11, Sec. 1, first line, the word "time" should read times.

Sec. 2, first line, there should be a comma after word appointed.

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