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court of probates by the judge of the said court; and the regis. ter and marshall of the court of admiralty by the judge of the admiralty. The faid marshal, registers and clerks to continue in office during the pleasure of those by whom they are to be appointed as aforesaid.
And that all attorneys, solicitors and counsellors at law, here.. after to be appointed, be appointed by the court, and licensed by the first judge of the court in which they shall respectively plead or practise; and be regulated by the rules and orders of the faid courts..
28. And be it further ordained, that where by this conventi. on the duration of any office shall not be ascertained, such office Thall be construed to be held during the pleasure of the council of appointment: Provided that new commissions shall be issued to judges of the county courts (other than to the first judge) and to justices of the peace, once at the least in every three years.
29. That town clerks, supervisors, 'afleffors, constables, and collectors, and all other officers heretofore eligible by the peo ple, shall always continue to be so eligible, in the manner directed by the presenter future acts of legislature.
That loan officers, county treasurers, and clerks of the supervisors, continue to be appointed in the manner directed by the present or future acts of the legislature.
30. That delegates to represent this state in the general con. gress of the United States of America, be annually appointed as follows, to wit, The senate and assembly shall each openly nominate as many persons as shall be equal to the whole number of delegates to be appointed; after which noinination they thall meet together, and those persons named in boih lists shall be delegates; and out of those persons whose names are not in both lifts, one half shall be chosen by the joint ballot of the senators and members of assembly, so met together as aforesaid.
31. That the stile of all laws shall be as follows, to wit “ Be it enacted by the people of the state of New-York, represented in senate and assembly.” And that all writs and other proceedings shall run in the name of the people of the fate of New-York, and be tested in the name of the chancellor or chief judge of the court from whence they shall issue.
32. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine, and declare, that a court shall be instituted, for the trial of impeachments, and the correction of errors, under the regulations which shall be established by the legislature, and to consist of the president of the fenate, for the time being and the senators, chancellor, and judges of the supreme court, or the major part of them; except, that when an impeachment shall be pro
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fecuted against the chancellor, or either of the judges of the supreme court, the person so impeached shall be suspended from exercising his office until his acquittal: And in like manner, when an appeal from a decree in equity shall be heard, the chancellor fhall inform the court of the reasons of his decree, but shall not have a voice in the final sentence. · And if the cause to be determined shall be brought up by writ of error on a queftion of law, on a judgment in the supreme court, the judges of that court shall aßign the reasons of such their judgment, but shall not have a voice for its affirmance or reversal.
33. That the power of impeaching all officers of the state, formal and corrupt conduct in their respective offices, be vested in the representatives of the people in assembly; but that it fhall always be necessary that two third parts of the members present shall consent to and agree in such impeachment. That previous to the trial of every impeachment, the members of the said court shall respectively be sworn, truly and impartially to try and determine the charge in question, according to eyidence; and that no judgment of the said court shall be valid, unless it be assented to by two third parts of the members then present; nor shall it extend farther than to removal from office, and disqualification to hold and enjoy any place of honour, trust or profit, under this state. But the party so convicted, shall be, nevertheless, liable and subject to indictment, trial, judgment and punishment, according to the laws of the land." · 34. And it is further ordained, that in every trial on impeachment or indictment for crimes or misdemeanors, the party impeached or indicted shall be allowed counsel, as in civil actions.
35. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine, and declare, that such parts of the common law of England, and of the statute law of England and Great-Britain, 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 19th day of April, in the year of our Lord. one thousand seven hundred and seventy-five, shall be and continue the law of this state; subject to such alterations and provisions, as the legislature of this state shall, from time to time make concerning the same. That such of the said acts as are temporary, shall expire at the times limited for their duration respectively. That all such parts of the said common law, and all such of the said statutes, and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of christians or their ministers, or concern the allegiance heretofore yielded to, and the supremacy, fovereignty, government, or prerogatives, claimed or exercised by the king of Great-Britain and his
predepredecessors, over the colony of New-York and its inhabitants, or are repugnant to this conftitution, be, and they hereby are, abrogated and rejected. And this convention doth further ordain, that the resolves or resolutions of the congresses of the colony of New-York, and of the convention of the state of New-York, now, in force, and not repugnant to the government established by this constitution, fhall be considered as making part of the laws of this Itate; subject, nevertheless, to such alterations and provisions, as the legislature of this state may, from time to time, make concerning the same, .,
36. And be it further ordained, that 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 feven hundred and seventy-five, shall be null and void: But that nothing in this constitution contained, shallbe construed to affect any grants of land, within this state, made by the authority of the said king or his predecessors, or to annul any charters to bodies politic, by him or them, or any of them, made prior to that day. And that none of the said charters shall be adjudged to be void, by reason of any non-user or mis-user of any of their respective rights or privileges, between the nine, teenth day of April, in the year of our Lord one thousand feven hundred and seventy-five, and the publication of this constitution. And further, that all such of the officers described in the faid charters respectively, as by, the terms of the said charters, were to be appointed by the governor of the colony of New-York, with or without the advice and consent of the coun, cil of the said king, in the said colony, shall henceforth be appointed by the council established by this constitution, for the appointment of officers in this state, until otherwise directed by the legislature.
34. And whereas it is of great importance to the safety of this state, that peace and, amity with the indians within the . same, be at all times supported and maintained. And whereas, the frauds too often practised towards the said indians, in contracts made for their lands, 'have in divers instances been productive of dangerous discontents and animosities; Be it ordained,' that no purchases or contracts for the sale of lands made fince the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said indians, within the limits of this state, shall be binding on the said indians, or deemed valid, unless made under the authority, and with the consent of the legislature of this state. :
:38. And whereas we are required by the benevolent principles of rational liberty, not only to expel civil tyranny, but
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also to guard against that' spiritual oppression and intolerance, wherewith the bigotry and ambition of weak and wicked priests and princes, have scourged mankind : This convention doth further, in the name and by the authority of the good people of this state, ordain, determine and declare, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, Thall forever hereafter be allowed within this state, to all mankind. Provided that the liberty of conscience hereby granted, shall not be so construed, as to excuse acts of licentiousness, or justify practices incon-. sistent with the peace or safety of this state..
39. 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 defcription whatever, be eligible to, or capable of holding any civil or military office or place, within this state.
- 40. And whereas it is of the utmost importance to the safety of every state, that it should always be in a condition of dea fence; 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 anthority 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 ftate, being of the people called Quakers, 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 expence of this ftate, and by acts of the legislature, established, maintained, and continued in every county in this state.
41. And this convention doth further ordain, determine and declare, in the name and by the authority of the good people of 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 furaha as shall proceed according to the course of the common law..
42. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine and declare, that it shall be in the discretion of the legisla. ture to naturalize all such persons, and in such manner as they shall think proper; provided all such of the persons, fo 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, Ihall take an oath of allegiance to this state, and abjure and renounce all allegience and subjection to all and every foreign king, prince, potentạte and Itate, in all matters ecclesiastical as well as civil.
Pres: pro teus.