vacancy of the office of governor, the lieutenant-governor fhall be impeached, difplaced, refign, die, or be abfent from the ftate, the prefident of the fenate fhall in like manner as the lieutenant-governor, adminifter the government, un-, til others fhall be elected by the fuffrage of the people, at the fucceeding election. 22. 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 treasurer of this ftate fhall be appointed by act of the legislature, to originate with the affembly: Provided, that he fhall not be elected out of either branch of the legiflature. 23. That all officers, other than thofe, who by this conftitu tion are directed to be otherwife appointed, fhall be appointed in the manner following, to wit, The affembly fhall once in every year, openly nominate and appoint one of the fenators from each great diftrict, which fenators fhall form a council for the appointment of the faid officers, of which the governor for the time being, or the lieutenant governor, or the prefident of the fenate, when they fhall refpectively adminifter the government, shall be prefident, and have a cafting voice, but no other. vote, and with the advice and confent of the faid council, fhall appoint all the faid officers; and that a majority of the faid council be a quorum. And further, the faid fenators fhall not be eligible to the faid council for two years fucceffively. 24. That all military officers be appointed during pleasure ; that all commiffioned officers civil and military, be commiffioned by the governor; and that the chancellor, the judges of the fupreme court, and firft judge of the county court in every county, hold their offices during good behaviour, or until they shall have respectively attained the age of fixty years. 25. That the chancellor and judges of the fupreme court, shall not at the fame time hold any other office, excepting that of delegate to the general congrefs, upon fpecial occafions; and that the firft judges of the county courts in the feveral counties, shall not at the fame time hold any other office, excepting that of senator, or delegate to the general congrefs: But if the chancellor or either of the faid judges be elected or appointed to any other office, excepting as is before excepted, it fhall be at his option; in which to ferve. 26. That sheriffs and coroners be annually appointed; and that no person shall be capable of holding either of the said offices more than four years fucceffively, nor the fheriff of holding any other office at the fame time, 27. And be it further ordained, that the regifter and clerks in chancery be appointed by the chancellor, the clerks of the fupreme court by the judges of the faid court; the clerk of the court court of probates by the judge of the faid court; and the regif ter and marshall of the court of admiralty by the judge of the admiralty. The said marshal, registers and clerks to continue in office during the pleasure of thofe by whom they are to be appointed as aforefaid. And that all attorneys, folicitors and counfellors at law, hereafter to be appointed, be appointed by the court, and licensed by the first judge of the court in which they fhall 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 fhall not be ascertained, fuch office fhall be conftrued to be held during the pleasure of the council of appointment: Provided that new commiffions fhall be iffued to judges of the county courts (other than to the first judge) and to juftices of the peace, once at the least in every three years. 29. That town clerks, fupervisors, affeffors, conftables, and collectors, and all other officers heretofore eligible by the people, fhall always continue to be fo eligible, in the manner directed by the prefent or future acts of legiflature. That loan officers, county treasurers, and clerks of the fupervisors, continue to be appointed in the manner directed by the prefent or future acts of the legislature. 30. That delegates to represent this ftate in the general congrefs of the United States of America, be annually appointed as follows, to wit, The fenate and affembly fhall each openly nominate as many perfons as fhall be equal to the whole number of delegates to be appointed; after which nomination they fhall meet together, and thofe perfons named in both lifts fhall be delegates; and out of thofe perfons whofe names are not in both lifts, one half fhall be chofen by the joint ballot of the fenators and members of affembly, fo met together as aforesaid. 31. That the ftile of all laws fhall be as follows, to wit" Be it enacted by the people of the state of New-York, reprefented in fenate and affembly." And that all writs and other proceedings fhall 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 fhall issue. 32. And this convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine, and declare, that a court fhall be inftituted, for the trial of impeachments, and the correction of errors, under the regulations which fhall be established by the legislature; and to confift of the prefident of the fenate, for the time being and the fenators, chancellor, and judges of the fupreme court, or the major part of them; except, that when an impeachment fhall be pro fecuted fecuted against the chancellor, or either of the judges of the fupreme court, the perfon fo impeached fhall be fufpended from exercifing his office until his acquittal: And in like manner, when an appeal from a decree in equity fhall be heard, the chancellor fhall inform the court of the reafons of his decree, but fhall not have a voice in the final sentence. And if the cause to be determined fhall be brought up by writ of error on a queftion of law, on a judgment in the fupreme court, the judges of that court fhall affign the reafons of fuch their judgment, but fhall not have a voice for its affirmance or reverfal. 33. That the power of impeaching all officers of the ftate, formal and corrupt conduct in their respective offices, be vefted in the representatives of the people in affembly; but that it fhall always be neceffary that two third parts of the members prefent fhall confent to and agree in fuch impeachment. That previous to the trial of every impeachment, the members of the faid court fhall refpectively be fworn, truly and impartially to try and determine the charge in queftion, according to evidence; and that no judgment of the faid court fhall be valid, unless it be affented to by two third parts of the members then prefent; nor fhall it extend farther than to removal from office, and difqualification to hold and enjoy any place of honour, truft or profit, under this ftate. But the party fo convicted, fhall be, nevertheless, liable and fubject 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 mifdemeanors, the party impeached or indicted fhall be allowed counfel, 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, deter mine, and declare, that fuch parts of the common law of England, and of the ftatute 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 faid colony on the 19th day of April, in the year of our Lord. one thoufand feven hundred and feventy-five, fhall be and continue the law of this state ; fubject to fuch alterations and provifions, as the legislature of this ftate fhall, from time to time make concerning the fame. That fuch of the faid acts as are temporary, fhall expire at the times limited for their duration refpectively. That all fuch parts of the said common law, and all fuch of the said statutes, and acts aforefaid, or parts thereof, as may be conftrued to establish or maintain any particular denomination of chriftians or their minifters, or concern the allegiance heretofore yielded to, and the fupremacy, fovereignty, government, or prerogatives, claimed or exercised by the king of Great Britain and his K prede predeceffors, 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 or dain, that the refolves or refolutions of the congreffes 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 conftitution, fhall be confidered as making part of the laws of this state; fubject, nevertheless, to fuch alterations and provifions, as the legislature of this state may, from time to time, make concerning the fame. 36. And be it further ordained, that all grants of land within this ftate, made by the king of Great-Britain, or perfons acting under his authority, after the fourteenth day of October, one thousand seven hundred and feventy-five, fhall be null and void: But that nothing in this conftitution contained, fhallbe conftrued to affect any grants of land, within this ftate, made by the authority of the faid king or his predeceffors, 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 faid charters fhall be adjudged to be void, by reafon of any non-ufer or mis-ufer of any of their refpective rights or privileges, between the nineteenth day of April, in the year of our Lord one thousand feven hundred and feventy-five, and the publication of this conftitution. And further, that all fuch of the officers defcribed in the faid charters refpectively, as by the terms of the faid charters, were to be appointed by the governor of the colony of New-York, with or without the advice and confent of the council of the faid king, in the faid colony, fhall henceforth be appointed by the council established by this conftitution, for the appointment of officers in this ftate, until otherwise directed by the legislature. 37. And whereas it is of great importance to the fafety of this ftate, that peace and, amity with the indians within the fame, be at all times fupported and maintained. And whereas, the frauds too often practifed towards the faid indians, in contracts made for their lands, "have in divers inftances been productive of dangerous difcontents and animofities; Be it ordained, that no purchases or contracts for the fale of lands made fince the fourteenth, day of October, in the year of our Lord one thousand feven hundred and feventy-five, or which may hereafter be made with or of the faid indians, within the limits of this ftate, fhall be binding on the faid 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 alfo alfo to guard against that spiritual oppreffion and intolerance, wherewith the bigotry and ambition of weak and wicked priests and princes, have fcourged mankind: This convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine and declare, that the free exercife and enjoyment of religious profeffion and worship, without difcrimination or preference, fhall forever hereafter be allowed within this ftate, to all mankind. Provided that the liberty of confcience hereby granted, fhall not be fo conftrued, as to excufe acts of licentioufnefs, or juftify practices inconfiftent with the peace or fafety of this ftate. 39. And whereas the minifters of the gofpel, are by their profeffion dedicated to the service of God and the cure of fouls, and ought not to be diverted from the great duties of their function; therefore no minifter of the gofpel, or prieft of any denomination whatsoever, fhall 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 ftate. 40. And whereas it is of the utmost importance to the fafety of every state, that it fhould always be in a condition of defence; and it is the duty of every man, who enjoys the protection of fociety, to be prepared and willing to defend it; this convention, therefore, in the name and by the anthority of the good people of this ftate, doth ordain, determine and declare, that the militia of this ftate, at all times hereafter, as well in peace as in war, fhall be armed and disciplined, and in readiness for fervice. That all fuch of the inhabitants of this ftate, being of the people called Quakers, from scruples of confcience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the ftate, fuch fums of money in lieu of their perfonal fervice, as the fame may, in the judgment of the legislature, be worth: And that a proper magazine of warlike ftores, 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 cafes in which it hath heretofore been ufed in the colony of New-York, fhall be eftablished, and remain inviolate forever. And that no acts of attainder fhall be paffed by the legislature of this ftate for crimes, other than thofe committed before the termination of the prefent war; and that fuch acts fhall not work a corruption of blood. And further, that the legiflature of this ftate fhall, at K 2 no |