fame, it fhall, together with the objections, be fent to the other branch of the legislature, where it fhall also be reconfidered, and if approved by two thirds of the members prefent fhall be a law. And in order to prevent any unneceffary delays, be it further ordained, that if any bill fhall not be returned by the council within ten days after it fhall have been prefented, the same shall be a law, unless the legislature fhall, by their adjournment, render a return of the faid bill within ten days impracticable; in which cafe the bill fhall be returned on the first day of the meeting of the legislature, after the expiration of the faid ten days. 4. That the affembly fhall confift of at leaft feventy mem-.: bers, to be annually chofen in the feveral counties in the proportions following, viz. For the city and county of New-York, nine. The city and county of Albany, ten. The county of Dutchefs, feven. The county of Westchester, fix. .... The county of Ulfter, fix. The county of Suffolk, five. The county of Queens, four. The county of Orange, four. The county of Kings, two. The county of Richmond, two. 5. That as foon after the expiration of feven years, fubfequent to the termination of the prefent war as may be, a cenfus of the electors and inhabitants in this ftate be taken, under the direction of the legislature. And if on fuch cenfus, it fhall appear, that the number of reprefentatives in affembly from the faid counties, is not juftly proportioned to the number of electors in the faid counties refpectively, that the legislature do adjust and apportion the fame by that rule. And further, that once in every feven years, after the taking of the faid first cenfus, a just account of the electors refident in each county fhall be taken; and if it fhall thereupon appear, that the number of electors in any county, fhall have encreased or diminished one or more feventieth parts of the whole number of electors, which on the faid first cenfus fhall be found in this ftate, the number of reprefentatives for fuch county fhall be increafed or diminished accordingly, that is to fay, one reprefentative for every feventieth part as aforefaid. 6. And 6. And whereas, an opinion hath long prevailed among divers of the good people of this ftate, that voting at elections by ballot, would tend more to preferve the liberty and equal freedom of the people than voting viva voce. To the end therefore, that a fair experiment be made, which of thofe two methods of voting is to be preferred: " Be it ordained, that as foon as may be, after the termination of the prefent war, between the United States of America and Great Britain, an act, or acts be paffed by the legislature of this ftate, for caufing all elections thereafter to be held in this state, for fenators and reprefentatives in affembly, to be by ballot, and directing the manner in which the fame fhall be conducted. And whereas, it is poffible, that after all the care of the legislature, in framing the faid act or acts, certain inconveniencies and mifchiefs, unforeseen at this day, may be found to attend the faid mode of electing by ballot : It is further ordained, that if after a full and fait experiment fhall be made of voting by ballot aforefaid, the fame fhall be found lefs conducive to the fafety or intereft of the state, than the method of voting viva voce, it fhall be lawful and conftitutional for the legiflature to abolish the fame; provided two thirds of the members prefent in each house, refpectively shall concur therein And further, that, during the continuance of the prefent war, and until the legiflature of this ftate fhall provide for the election of fenators and reprefentatives in affembly by ballot, the faid elections fhall be made viva você. 7. That every male inhabitant of full age, who fhall have perfonally refided within one of the counties of this state, for fix months immediately preceeding the day of election, fhall, at fuch election, be intitled to vote for reprefentatives of the faid county in affembly; if, during the time aforefaid he fhall have been a freeholder, poffeffing a freehold of the value of twenty pounds, within the faid county, or have rented a tenement therein of the yearly value of forty fhillings, and been rated and actually paid taxes to this ftate: Provided always, that every perfon who now is a freeman of the city of Albany, or who was made a freeman of the city of New-York, on or before the fourteenth day of October, in the year of our Lord one thousand feven hundred and feventy-five, and fhall be actually and ufually refident in the faid cities refpectively, fhall be entitled to vote for reprefentatives in affembly within his faid place of refidence. 8. That every elector, before he is admitted to vote, fhall, if required by the returning officer, or either of the infpectors, take an oath, or if of the people called Quakers, an affirmation, of allegiance to the ftate. 9. That the affembly thus conftituted fhall choose their own fpeaker, be judges of their own members, and enjoy the fame privileges, and proceed in doing bufinefs, in like manner as the affemblies of the colony of New-York of right formerly did; and that a majority of the faid members fhall, from time to time, conftitute a houfe to proceed upon bufinefs. 10. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine and declare, that the fenate of the ftate of New-York, shall confift of twenty-four freeholders, to be chofen out of the body of the freeholders, and that they be chofen by the freeholders of this ftate, poffeffed of freeholds of the value of one hundred pounds, over and above all debts charged thereon. 11. That the members of the fenate be elected for four years, and immediately after the first election, they be divided by lot into four claffes, fix in each clafs, and numbered one, two, three and four; that the feats of the members of the firft clafs fhall be vacated at the expiration of the first year, the fecond clafs the second year, and fo on continually; to the end that the fourth part of the fenate, as nearly as poffible, may be annually cofen. 12. That the election of fenators fhall be after this manner; that fo much of this ftate as is now parcelled into counties, be divided into four great diftricts; the fouthern district to comprehend the city and county of New-York, Suffolk, Weftchefter, Kings, Queens, and Richmond counties; the middle district to comprehend the counties of Dutches, Ulfter and Orange; the western diftrict, the city and county of Albany, and Tryon county; and the eastern diftrict, the counties of Charlotte, Cumberland, and Gloucefter. That the fenators fhall be elected by the freeholders of the faid diftricts, qualified as aforefaid, in the proportions following, to wit, in the fouthern diftrict nine, in the middle district fix, in the western diftrict fix, and in the eaftern district three. And be it ordained, that a cenfus fhall be taken as foon as may be, after the expiration of feven years from the termination of the prefent war, under the direction of the legiflature: And if on fuch cenfus it fhall appear, that the number of fenators is not justly proportioned to the several districts, that the legislature adjust the proportion as near as may be, to the number of freeholders qualified as aforefaid, in each diftrict. That when the number of electors, within any of the faid diftricts, shall have increafed one twenty-fourth part of the whole number of electors, which, by the faid çenfus, fhall be found to be in this ftate, an additional fenator fhall be chofen by the electors of fuch district. That a majority of the number of fenators to be chofen as aforefaid fhall be neceflary to conflitute a fenate fufficient to proceed upon bufinefs, and that the fenate fhall, in like manner with the affembly, be the judges of its own members. And be it ordained, that it fhall be in the power of the future legiflatures of this ftate, for the convenience and advantage of the good people thereof, to divide the fame into fuch further and otehr counties and diftricts, as shall to them appear neceffary. 13. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine and declare, that no member of this ftate fhall be disfranchised, or deprived of any of the rights or privileges fecured to the fubjects of this ftate, by this conftitution, unless by the law of the land, or the judgment of his peers. 14. That neither the affembly nor the senate shall have power to adjourn themselves for any longer time than two days, without the mutual confent of both. 15. That whenever the affembly and fenate disagree, a confetence fhall be held in the prefence of both, and be managed by committees to be by them refpectively chofen by ballot. That the doors both of the fenate and affembly, fhall at all times be kept open to all perfons, except when the welfare of the ftate fhall require their debates to be kept fecret. And the journals of all their proceedings fhall be kept in the manner heretofore accuftomed by the general affembly of the colony of New-York, and except fuch parts as they fhall, as aforefaid, refpectively determine not to make public, be from day to day, (if the bufinefs of the legislature will permit) published. 16. It is nevertheless provided, that the number of fenators fhall never exceed one hundred, nor the number of assembly three hundred; but that whenever the number of fenators shall amount to one hundred, or of the affembly to three hundred, then and in fuch cafe, the legiflature fhall from time to time thereafter, by laws for that purpose, apportion and diftribute the faid one hundred fenators, and three hundred reprefentatives, among the the great diftricts and counties of this flate, in proportion to the number of their refpective electors; fo that the reprefentation of the good people of this ftate, both in the fenate and assembly, fhall for ever remain proportionate and adequate, 17. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine, and declare, that the fupreme executive power and authority of this state shall be vested in a governor; and that statedly once in every three years, and as often as the feat of government shall become vacant, a wife and discreet freeholder of this ftate fhall be by ballot elected governor, by the freeholders of this ftate, qualified as before defcribed to elect fenators; which elections hall be always held at the times and places of choofing reprefentatives in affembly for each refpective county; and that the perfon perfon who hath the greatest number of votes within the faid ftate, fhall be governor thereof. 18. That the governor fhall continue in office three years, and fhall, by virtue of his office, be general and commander in chief of all the militia, and admiral of the navy of this ftate; that he fhall have power to convene the affembly and fenate on extraordinary occafions, to prorogue them from time to time, provided fuch prorogations fhall not exceed fixty days in the space of any one year; and at his difcretion to grant reprieves and pardons to perfons convicted of crimes, other than treafon or murder, in which he may fufpend the execution of the fentence, until it fhall be reported to the legiflature at their fubfequent. meeting and they fall either pardon, or direct the execution of the criminal, or grant a farther reprieve. 19. That it fhall be the duty of the governor to inform the legiflature, at every feffions, of the condition of the state, so far as may refpect his department; to recommend fuch matters to their confideration as fhall appear to him to concern its good government, welfare and profperity; to correfpond with the continental congrefs, and other ftates; to tranfact all neceffary bufinefs with the officers of government, civil and military; to take care that the laws are faithfully executed to the best of his ability; and to expedite all fuch measures as may be refolved upon by the legislature. 20. That a lieutenant-governor fhall, at every election of a governor, and as often as the lieutenant governor fhall die, refign, or be removed from office, be elected in the fame manner with the governor, to continue in office until the next election of a governor; and fuch lieutenant-governor fhall, by virtue of his office, be prefident of the fenate, and, upon an equal divifion, have a cafting voice in their decifions, but not vote on any other occafion. And in cafe of the impeachment of the governor, or his removal from office, death, refignation, or abfence from the ftate, the lieutenant-governor fhall exercife all the power and authority appertaining to the office of governor, until another be chofen, or the governor abfent or impeached, fhall return or be acquitted. Provided, that where the governor fhall, with the corifent of the legiflature, be out of the ftate, in time of war, at the head of a military force thereof, hefball ftill continue in his command of all the military force of the flate, both by fea and land. 2. That whenever the government fhall be administered by the lieutenant-governor, or he fhall be unable to attend as prefident of the fenate, the fenators fhall have power to elect one of their own members to the office of prefident of the fenate, which he fhall exercife pro bac vice And if, during fuch vacancy |