X IJ t DECLARATION OF INDEPENDENCE, AN'J CONSTITUTION OF THE UNITED STATES j TO WHICH IS PREFIXED CONSTITUTION STATE OF NEW- YORK. NEW-YORK : Mrittd by Jon* Bvtt, Editor of the Weekly Magazine, and fold by the Bookfellerj Jij general. Declaration of Independence OF THE UNITED STATES. This celebrated declaration teas publifhed on the $tk of July, 1776, and is as follows : WHEN, in the courfe of hunran events, it becomes neceftary for one people'to difTolve the political bands which have con nefteti them with another, and to af- fumc among the powers of the earth the feparate and equal ftation, to which the laws of nature and of nature's God en- title them, a decent refpett to the opinions of mankind, re- quires that they fhould declare the caufes which impel them to the feparation, *« We hold thefe truths to be felf-cvident : That all men are created equal ; that they are endowed by their Creator, with certain unalienable rights : that among thefe are life, liberty, and the purfuit of happinefs ; that to fecure thefe rights, governments are inftituted among men, deriving their jail powers from the confent of the governed ; that whenever any form of government becomes dcflni&i w (if thefe ends, it is the right of the people to alter or t.oaboJifh it, and to inflitutea new government, laying its foundation on fuch principles, and organizing its powers in iuch forms as fhall feem mo ft likely to effect their fafcty and happinek. Prudence, indeed, will diftate, that governments long eftJ.- blifhed fhould not be changed for light andtranficnt caufes ; and accordingly all experience hath fhewn, that mankind arc more difpolcd to fuffer while evils are iufferable, than to right theinlclvcs by abolifhing the forms to which they are accuftomed. But when a long train of abulcs and ufurpations, purfuing invariably the fame object, evinces a dei gn to reduce them under abfolute delpotifm, it is their right, it is their duty to throw off fuch government, and to provide new guards for their future fecurity. Such has been the patient fulferance of thefe Colonies ; and fuch is now the neceffity which conftrains them to alter their form- er lyftems of government. The hiftory of the prcfent king of Great-Britain is a hiftory of repeated injuries and ufurpations, all having in dircft objeft the cftablifhment of an abfolute tyranny over thefe States. To prove this, let facts be lubmitted to a candid world. 4 DECLARATION OF INDEPENDENCE " He lias forbidden his governors to pafs laws of imme- diate and prefiing importance, unlefs iufpended in their operation till his alfont fhould be obtained ; ar.d when To Iufpended, he has utterly neglected to attend to them. " He has refufed to pafs other laws for the accommoda- tion of large diftri£U of people, unlefs thefe people would relinquifh the right of reprclent.a ion in the legiflature ; a right incftimablc to them, and formidable to tyrants only. ** He has called together lrgiflative bodies at places unu- fua), uncomfortable, and diftant from the •'.cpofitory of their public records, for the folc purpofc of fatiguing them into compliance with his mcafurcs. " He has dilTolvcd reprelcntjtive heufes repeatedly, foi oppofing with manly nrrnnefshi:, invafi'ons on the lights of the people. " He has refufed, for a long time after fuch diffolutions' to caufe others to be elected ; whereby the legiilative powers, incapable of annihilation, have returned to the people at large for their exeicife; the State remaining in the mean time cxpolcd to all the danger of iuvafion from without, and convuHions within. n He has endeavoured to prevent the population of thefe State*; : for that purpofe obftrufting the laws for naturaliza- tion of foreigners ; refufing to pafs others to encourage their migration hither ; and raifuig the condition* of new appropriations of lands. " He has obMructed the adminiflraticn of juftice, by re- fufing his afient to laws for cflablifhing judiciary powers. " He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their falaries. " He has ercfted a multitude of new offices, and fent hi- ther fwarms of officers tohariafsour people and eat out their tubflance. " He has kept among us, in times of peace, flanding ar- mies, without the confent of our legiflatures. " He has afTcfted to render the military independent of, and fuperior to, the civil power. " He has combined with others to fubjefc us to a jurif- diftion foreign to our conftitution, and unacknowledged by our laws ; giving his alfent to their afts of pretended legiflation : For quartering large bodies of armed troops among us : " For protecting them, by mock trial, from punifhment for any murders which they fhould commit on the inhabi- tants of thefe Stages : " For cutting off our trade with all parts of the DECLARATION OF INDEPENDENCE. 5 " For depriving us, in many cafes, of the benefits of trial by jury : BT '• For traufporting us beyond fcas to be tried for pretend- ed offences : " For abolifhing the free iyftem of Englifh laws in- a neighbouring province, cftablifhing therein an arbitrary government, and enlarging its boundaries, fo as to render it at onc« an example and fit inftrument for introducing the- fame abfohite rule in thefe colonies : " For taking away our charters, abolifhing our mod va- luable laws, and altering fundamentally the forms of our governments : " For lufpending our own legislatures, and declaring theinfclves inverted with power to legiilate for us in all cafes whatsoever. '^^S**. " l ie has abdicated government here, by declaring us out of his protection, and waging war againft us. ' ■ J le has plundered our leas, ravaged our coafls, burnt our towns, and deftroyed the lives of our people. " He is, at this time t ranfporting large armies of foreign mcrccneries to complete the works of death, delolation, and tyranny, alreadv begun with circumttanccs of cruelty and perfidy, fcarcely paralleled in the moft barbarous ages, and totally unworthy the head of a civilized nation. " lie has conftrained our fellow-citizens, taken captive on the high leas, to bear arms againft their country, to be- come the executioners of their friends and brethren, or to fall themfclvcs, by their hands. <: He has excited domeftic infurreftions amongft us, and has endeavoured to bring on the inhabitants of our frontiers, the mercilcls Indian lavages, whofc known rule of warfare, is an undiftinguilhcd deftruttion of all ages, lexes, and con- ditions. " In every ftage of thefe oppreffions we have petitioned for rcdrcls in the moft humble terms : our repeated peti- tions have been anlwered only by repeated injury. A prince whole character is thus marked by every act which may de- fine a tyrant, is unfit to be the ruler of a free people. " Nor have we been wanting in attention to our Britifh brc" thren. Vv'c Invc warned them from time to time of attempt madeby their legillature to extend an unwarrantablejurildit" tiou over us. We have reminded them of the circumftance s of our emigration and fettlement here. 'We have appealed to their native jufticeand magnanimity, and we nave conjured them by the ties of our comn.on kindred, to diTavow thsfo: ufurpations, which would inevitably interrupt our connad tions and corrclpondence. I'hev. too. have been d;.if r.»! 6 DECLA&ATIO>J OF INDEPENDENT".. and hold them, as vrc hold the reft, of mankind, enemies in >v«r — in peace, friends. We, therefore, the Reprefcntativcs of the United States of America, in general Congrels aftcmbled, appealing to the Supreme Judge of the world, for the rtftitude of i u- inten- tions, do, in the name and by the authority of the good people of tliefc colonies, lolcir.nly publifh and declare, that thele united colonics ate. and of right, ought to he free and independent ftates — that they ateahlolved from all allegi- ance the Britifh crown ; — that all political connection be- tween them and the ftate of Great-Britain, is and ought to be totally diffolved ; and that, as free and independent flalct, they have full power to levy war, conclude peace, contract alliances, eftxblifh comirercc, and to do ail other ifts and things, which independent ftalcs may of right do. And for the lupport of this declaration, witb a firm reliance on the protection of divine providence, we mutual- ly pledge to each other our lives, our fortunes, and our ia- cred honour. JOHN HANCOCK. Keui-HampJiLirc, Jonah Bartlet, William Whipple, Mat- thew Thornton. Majfachujeits-Bay, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry. Rhode- Ijland,lic. Stephen Hopkins, William Ellerv. Connecticut, Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott. Nezc-York, William Floyd, Philip Livingflon, Francis Lewis, Lewis Morris. Keu-jerffy, Richard Stockton, John W: thcrfpoon, Francis Hopkinfon, John Hart, Abraham Clark. PennfyLania, Robert Morris, Bcnjarr.in Rufh, Benjamin Franklin, John Morton, George" Clyracr, James Siruth, George Taylor, James Willon, George Rols. Delaware, Caclar Rodney, George Read. Maryland, Samuel Chafe, William Paca. Thc.mzs Store, Charles Carroll, of Carrollton. Virginia, George Wythe, Richard Henry Lee, Thomas "Jefferfon, Benjamin Harrifon, Thomas Nclion, jun. Ftancis Light foot Lee, Carter Braxton. Norih Cardina, William Hooper, Jofeph Hewcs, John Penn. houth-Carolina, Edward Rutledgc, Thomas H avw ard, jun. Tliomas Lynch, jun. Arthur Middleto:.. Kcorgioi Button Gwinnett, Lyman ball, George Wal- ton. CO N ST IT UT 10 N Of THE UNITED STATES. The Constitution framed for the United jlattf of America, by a Convention of Detuijeu from the States of New-lIaintflUre, Majfd< iiufctts, Connedicui, Keui-York, New) Jtrfiy, i'enn~ fyluxnia, Delaware, Maryland, V-.rginia, North-Carotiia, South-Carolina and Georgia, at a Stfiort ie^un May. 25, , and ended September*, , 1787. WE, the people of the United glares, in order to form a more pcrfett union, eftabt i fii jufticc, infurc domeflic tranquility, provide for the cpnyhpn defence, promote the geru;l welfare, and fecure the blcITirVgs of liberty to ourfelves and our poiterity. do ordain and eilablifh this conflit ution for the United States of America. ■Article 1 . section til ALL legiflative powers herein granted, fhall be vetted in a Congrefs of the United States, which fhall confift of a Senate and Iloufeof Reprelcntatives; SECTION II. 1. The houfe of reprefentati vcr, fhall coil fill of mem- bers chofen evety fecond year, by the people of the Icvc- ral States; and the clcftors, in each State, fh-ll have the (Qualifications rcquifitc for electors of the mv.fl numerous branch of the (late tegiflature. 2. No perlon ihall be a reprcfentative, who fhall not have attained to the age of twenty-five years, and been feven years a citizen of the United States ; and who lh.~ll not. when elected, be an inhabitant of that State in which he Ihall be chofen, 3. Rcpreleniativcs, and direct taxes fhall be apportioned among the leveral ft.au s, which may be included in 'his union, according to their rcfpeclivc numbers, w hich fh;ll be determined by adding to the whole number of 'free per- fons, including thofc bound to Service for a term of years, and excluding Indians not taxed, three-fifths of all other perfons. The actual enumeration fhall be made within thiec years after the firfl meeting of the congrcls of the 8 coNSTWi riox or thk united states year*, in fuch manner as they fhalJ by law direct. The number of representatives (hall not exceed one for every 1 thirty thouland : but each (late fliall have at lead one re-, prcleniative : and, until Inch enumeration, fliall be made, the flate of New -J laaipfhitc fhsll be entitled to choofe three ; 'M;:fl"ac1u.fctt$ 'eight'; Rhodc-1 (land and Providence Plantations One ; Con nefti rut five ; New- York fix | New. Jerlcy four ; Pcnnfyl vartia eight ; Delaware one ; Maryland fx; Virginia ten; Ninth-Carolina Eve: South-Carolina five; and Georgia thicc\ i 1 S l i 4. When v;e.incics happen in th'- reprefentation from anv fiate, the .executive authority thrcof fliall ifTuc writs cf diction to fiikluch Vacsncre*. 5»i/J h-4 houfe of *cprrl«iitstives fliall c hoofe theirfpeaker and other officers; and [lull have the Icle power of im- peachment. SECTION III. i. 'The fcrts>tcor the United States {lull be competed of two fenators from c?ch ftatc, uiaieri by the legiflaturc there- of, for'fix years ; andjtacji ferialor fliall have one vole. St.' 1 miricdiati lv afur they fliall be aircmblcd, in confe- 'qiieiicc of the fir'fY election, they fliall be divided, as equal- ly as m«y be, into thice tlafies. The feats of the fenators of the fiift cl; fs lhall he vacateiS it the t xpiration of the fecond ye?r ; of the iec onri aWz, at the expiration of the fourth year, ; jnd of the third clats, at the expiration of the fixtr) year , fo that one third may be chofen every le- cond year. And if vacancies happen, by refignation or. olhcrwilc, durii.g the tccefs of the le^iflat ure of any flatr, the executive thereof may mvke temporary appointments until the next meeting of the legiflaturc. which fliall then fill fuch vacancies. , J 3. No pcrfon fhall be a fenator, who fh all not have at- tained to the age of thirty years, arid been nine years a citizen of the United Slates; and who fhall not, when elected, be an inhabitant of that flatc fur which he fhall be chofen. 4. The Vice Prcftdent of the United States fhall be Tre- f.dcnt of the Senate ; but fhall have no vote, unlcfs they be equally divided. 5. The lenale fliill choofe their other officers, and alfo a I' re fi dent pro tempore, in the abfence of the Vicc-Prcfi- denf, cr when he fhall excrcile the office of Prefidcnt of the United States. 6. The fenate fliall have the fole power to try all impeach- ments. When fitting for that purpof<», they fhall be on oath or affirmation. When the Prefidcnt of the United States is t ried, the chief juflice fhzll pre fide : and no per- CONSTITUTION OF THE UNITED STATES. 9 •j. Judgment, in cafe of impeachment, fhnll not extend further than to removal from office, and difqualification to hold and enjoy any office of honour, truft, or profit, under the United States. Jlut the party convicted fhall, rievertneJeTs, be liable and lubject to indictment, trial, judgment and punifhmcnt according, to law. SECTION IV. 1. The times, places, and manner of holding elections for (enators and reprefentat i ves, fhall be preicribed in each flate by the legiflature thereof : but the Congvefs may, at any time, by law, make or alter i'u?h regulations, except as to the places of choofing fer/a torsi i&!tk&±& 2. The Congrels fhall affc'mblc at leaft once in every year ; and fuch meeting fliall be on the fir ft Manday fn December, unlefs they fhall by law appoint a different day. . '.. ,\p E-C T I O N V*^ : J$i$E^33w- 1. Each houfe fhall be the judge of the elections, returns, and qualifications of its two members : and a majority of each fhall conftitute a quorum to do bufmefs : but a (mailer number may adjourn from day to day, and may be autho- rifed to compel the attendance, of abfent members, in fuch manner, and under fuch penalties as each houfe may pro- vide. . ■ '^EjSl^TwSp^r *" gft v '-'^'Sif^^'P'f 2. Each houfc may determine the rules of its proceed- ings ; punifh its members for diforderlv behaviour ; and, with the concurrence of two thirds, expel a member. 3. Each houfe fhall keep a journal of its proceedings ; and, from time to time, pubiifh the fame, excepting luch parts as may in their judgment require fecrecy ; and the -yea-sand nay* of the members of either houfe. on any quef- tlon, fhall, at the defi're of one-fifth of thofe prefeht, be entered on the journal. ■ : >) '{ 7 , p^ff 4. Neither houfe, during the feffion of Congrefs, fhall, without the confent of the other, adjourn for more than three days, nor to any other place than that in which the two houfes fliall be futing. SECTION VI. 1. The Senators and representatives fliall receive a com- penfation for their ferviccs. to be alcei taincd by law, -and paid out of the trcafury <>f the United States. Fney fhall, in all cafes, except treafon, felony, and breach of the peace, be privileged from an aricft, during their attendance at the feffion of their refptftive houfes, and in going to, and returning from the fame : and' for any fpecch or debate in cither houle, they i fnall not be queftipned in any other .place. . > 1 ,"• ' 2. No fenator or re preferiutivc fiiai!, during, the time • 10 CONSTITUTION Ot T1JF. UNITED STATES. under the authm itv of the United States, which fhall hav« been created, or the emoluments of which (hall have been encrcalcd> during fuch timet and no perlon. holding any office under the United States, (hall be a member of either houfe, dui nig his continiifrfrce iti ofiicc. • ' SECTlpN VII. i. All bills, for, railing revenue, {hall otiginate in the houfc of t cprcfcntativcs 5 but the lcnate fliall prwpofe or concur with amendments, as on other bills. a. Every bill which (hall have palled the houfc of re- presentatives and the fenatc, (hall, before it become, a law, he prefented to the Prefident of the United States. it he approve, he fhall fign it : hut if not, he lhall ieturn it, with his objfflions, to that houfe, in which it fliall have originated, v. ho fliall enter the objections at large on their journal, and proceed to confidcr- ir» If, after inch recon- fidcration. two thirds of that houfc (hall agree to pafs the bill, it fhall be lent, together with the objections, to the other houfe. by lvhich it fliall likewife be 1 econfiderrd : and, if app/oved by two .thirds of that houic, it n..:il be- come a law. But, in all /veil Cifes. the votes of both houles fh*ll be determined by vfias «ud .nays : ?nd the names of theperfons voting foranci agaiiifl. the bill, fh?ll be entered on the journal of each houfc refpeclivclv. If any bill fhall not be returned by the Prefident, within ten days (Sundays excepted) after it fliall have been prcfeatcd to him, the fame fliall be a law, in like manner, as if he had figned it, unlefs the Congrefs, by their adjournment, prevent it* jcturn ; in which cafe it fhall not be a law. 3. Every o tiler, rclolution, or Vote, to which the con- •currcncc .of the fenatc and houie of reprcfentatives may be nccefiary (except on a quel? ion of adjournment) and fliall be picfentcd to the Prefident of the United States ; and before the fame fliall t;kc efTc£t, be approved by him; or, being difapproved by him, fliall be rc pa fled by two-thirds of both houlcs, according to the rules and limitations pie- fcribcd in the tale of a bill. The Congrefs fliall have power, 1. To lay and collect taxes, duties, impofls, and excifirs, to pay the debts, and provide for the common defence, and general welfare, of the United States ; but all duties, impofls, and excifes, fhall be uniform throughout the United States. To borrow money on the credit of the United States. 3. To regulate commerce with foreign nations, and amoni theicve^^^^^^^^^i^ CONSTITUTION' OF THE UMTKD STATES. uniform Jaws on the iubjeft of bankruptcies,, throughout the United States. ,5. To coin money; regulate the value thereof, and of foreign coin ; and fix the ilandard of weights and irjea- fures. . t ; „ ) ^J^^ ^^^^aKiiilu, 1 0, To pj-pyidc for the punifhment of counterfeiting the fec'uiitie'j and current coin of the United States. 7. To, eftablifh poll-offices and poft-roads, 8. To promote the progiefs of fcience and ufeful arts, by fecuring, for limited times, to authors and inventors, ifiecxclufive right to thpir relpcftive writings and diicove- 9. To conftitute tribunals inferior to the fuprcme court. 10. To define and punifh piracies and felonies committed pn the high, leas, and offences ag>;ind the law of nations. i). To'declare war ; grant letters of ma: que and repri- sal ; and make rules concerning captures on iaiid and water, 13. To raile and lupporl armies. But no appropriation of money for that ujc, fhall be for a longer term man tw,o vea r s ~^^^Ef^^^^/S^^t^£^^sW^^^^jk- n a'^tSyjfetb: 1, j. To provide gnd^njainlain a^iavY'. -.v^^S^^mr^ m >i ■ 1 To make rules for the government and regulation of the Jand and naval forces. L 15. 'I'o provide for calling forth the militia, tp execute the Jaws of the union, Juppreis inlurrec|ions, and repcj invali- pns. S ^^^S wlf^ E SBEM M jaMr ^ M^^WroMi *mF^6^ & 16". To provi-.le for organising, arming, and difciplining the militia, and for governing luch part of them as may be employed in the lervice of the United States: relervjng to the States respectively the appointment of the officers, au^thc authority of training the militia according to the dilcipiine prelcribed by Congrcls, M^fff'i) 17. To exercife cxclufive legislation, in all cafes what- focver oyer fueh dilh ici (not exceeding t-cn miles fquare) as P -y, by ccflion of particular States, and the, acceptance < f ^■ongrefs, become the feat or die government of. the United States; and to cxerciic ljke authority over all places pur- chased by the eor.fcnt of • the legislature of the State in which the fame Ifeal) be. for the erection of forts, ma- gazines, arienajs, dock-yards, and other needful buildings: 18. 'Jo make all laws, which fhall be neceffary and pro- per for carrying into execution the foregoing power*, and all other powers veiled by this conflitution in the govern- ment of the United States^ or in any department or officer thereof. " .'')'.* SECTION IX. i. The migration or importation of fuch perfons, as any t>f the States now cxifting, lfiall think proper to admit, 1 « COKSTITUTION* Or THE UNITED STATES* fhall not be prohibited by the Congrefs, prior to the year one (houland eight hundred and eight : but a tax or duty may be impoled on fuch importation, and not exceeding ten dollars for each perfon. 2. The privilege of the writ of habeas corpus fhall not be lufpended, unlcfs when, in cafes of rebellion or inva- sion, the public fafety may require it. 3. No bill of attainder, or cx port fafto law fhall be paff- • 4. No capitation or other dircft tax fhall be laid, unlcfs in proportion to the cenfus cr enumeration herein before direfted to be taken. 5. No t2x or duty fhall be laid on articles exported from any State. No preference fhall be given, by any regula- tion of commerce or revenue, to the ports of one State over thofc of another : nor fhall veffels, bound to or from one State, be obliged to enter, clear, or pay duties in ano- 6. No money fliall be drawn from the treafury, but in conlequcnce or appropriations made by law ; and a regular Aatcmentand account of the receipts and expenditure* of all public money fhall he publilhed from time to time. 7. No title of Nobility fhall be granted by the United States : And no pci fon holding any office of profit or trurt under them, fhall, without the conlent of Congrefs, accept of any prcient, cmolumont, office, or title, of any kind whatever, from any king, prince, or foreign ftatc, V "Sf?^ " J. '(pi. V;<- ■ 1. No State fhall enter into any treaty, alliance, or confederation; giant letters of marque and rcprtzal ; coin money, emit bills of credit ; make any thing but gold and lilver coin a tender in payment of debts ; pals any bill of attainder, ex pejt faflolzw, or law irripairing the obligation of contfifts, or grant any title of nobility, 2. No'ftate fhall-, without the conlent of Congrefs, . lav any imports or duties oh imports or exports, except whap may be ebfolut'ely neceffary for 'executing its inlpeftion laws ; and the net produce of all duties and imports, laid by any State on imports of exports, fhall be for the ufc of the treafury of the United States ; and all luch laws fhall be fubjeet to the revifion and controul of the Congrefs. No-rt-at-e fhall, without the • confent of Congrefs, lay any duty on tonnage," keep troops, or fhips of war, in time of peace,- enter into any agreement or cornpaft with another State, or with a foreign power, or engage i-n war , '' unlcfs actually invaded^ or? in Inch imminent danger as will sot admit of delay. CONSTITUTION OF THE UNITED STATES. . i3 1. The executive power dial! be veflcd in the Prcfidcnt of the United States of America;' lie fhall hold his ofnee during the term of 'four years, and, together 'with the Vicc-Prefideut, choh-.n for the fame term, be eletted as follows : ' »8r^r* ; ; ^ v?^fffi'?^t^ < T^ ^^'^ 2. Each State fhall appoint, in fuch mariner as the lcgif- l -it u re thereof may direct, a number of' electors, equal to the whole number of. tcnators and reprclcntativcs, to which the flafe may be entitled in the Congrcfs. But no fenaVor,' or representative, or per ("on holding an office of truft or pVufit under the United States, fhall be appointed an' elec- tor. ' , ' 1 ?35JSS^^W^^^^^* •V-ii?'*f7^ % The dehors ffiHJl meet in their refpefitive States, and' voir bV ballot for two perfons, of whom one, at Jlcaft', fltfflhW? bt an inhabitant of thefame State witri themfcl'ves. And they fhaji m-kc a lift of all the perfons voted f6r; and of the number of votes for each : which lift : thcy :fhall fnp and certify, and t ran I'm it f/ealed to the feat of the go- vernment of theUnircd States directed to the Prehdcnt of the, ftfnate. The PVeflcJen't of the fcnafc fhall, in the. pre- tence of (he fenate and houl'eof reprcfentatjves, open all the certificates, and the votes fhall then be couiited. The ueifon having the gifcat eft number of votes fhall be thst 1'jchuen!. ii iuch number be a majority of the whole num- ber of electors appointed; and if there be more than one who .have luch majority, and have an equal .number of votes, then the houle of reprelcntati ves fliall immediately rhooicbv ballot one of them for Prcfident, and if no petv lay have a majority, then, from the five higheft on the. lift, tin: laid hmile {hall in like manner choolc the Prcfi-. 'nt. But m choofing ths Prclidcnt, the vp'tcs fhall be. .taken by States, the reprelentation from each State having one vote : a. quorum for this purpofc fhall, con!) ft of a' member or members from two-thirds of the States : and a majority of ail the States fhall be nccefTary to a choice. In every cafe, after tli* choice of the Preddent the perfon having the grcatcft number of votes of the electors, fhall be tire Vicc-Pi cThIco t. But if there fhould rciu.in two or more, w.lio have equal votes, the feuates fhall choolc from them, by baliot, tiic \'ice-Prefidcnt. 4. The Congrcfs i*ay determine the time of choofing the clcclors, and the day on which they fhall give their votes; which day ihall be the fame throughout tne United States. r. No pn fon, except a natural born citizen, or a citizca of the United States, at the time of the adoption of this ConftUutKtn. fliall he r^o\U\, t» t K «. .»>C- -for. CONSTITUTION OF THK L'XtTED STATES. Neither fhall any perfon be eligible to ti>at office, who fhall not have attained to t lie age of thirty rive year*, and been fourteen years a relident within the United States. 6. In cafe o-f the removal of the Prefident from office, «r of his death, resignation, o% inability, to dilchargc the powers and duties of the fa id office, the lame fhall de- volve on the Vicc-Prcfident ; and t lie Congrefs may, by law, provide for the calc of removal, death, rclignation, or inability, both of the Prefident awd Viic-Prefidcnt, de- ' clnring what officer fhall then aft as Pi rf: dent ; and fuch officer fhall aft accordingly, until the dilabilny be remov- ed, or a Prefident fhall be clcftcd. 7. The Prefident fhall, at flated times, receive (or hi* fervices, a compenfation, which fhall neit her be enctea r ed nor diminifhed, during the period for which he (hall have been elefted : and he fhall pot receive, within that period, any other emolument from United States, or any of them, 8. Before he enter on the execution of his office, he fhall take the follow ing oath or affii mat ion : M 1 do folemnly fwcar (or affirm) that I will faithfully " exreute the office of Prefident of tnu United States; *' and wilt, to the bed of my ability, prrfcrve, pioteft, *' and defend the L'onfi itution of the United Stales." S E C T I O N LL x. The Prefident fliall be cr.mmJndcr in chief of the ar- my and navy of the United States. ;nd of the militia of the fcveial States, when called into the actual fcrvicc vf the United States. He m?y require the opinion, in writing, of the principal officers in each of the executive depart- ments, upon any lub|ccts relating to the duties of their re- lprftivc offices : and he fhall h;:vc power to gr*nt reprieves and pardons, for off ences again ft the United States, except in cafes of impeachment. 1. He fhall have power, bvand with the advice and con- lent of the Senate, to make treaties, provided two-thirds of ihc Senators nrclcnt concur r and he flisll nominate, and by ,1 *ud w ith the advice and confentof the Senate, fhall appoint / ambafladorS, other public mini Iters and conluls, judges of the fuprcrr.e court, and all other officers of the United ■ States, whole appointments arc not hen in othci wii« pro- vided fpr, andwjiich fhall be eflabliflied by law. but the j Congrefs may, by law, veft the appointment oi fuch in- ferior officers, .is'ihty think proper, in the Prefident alone, ia the courts oflaw, or in the heads of departments. 3. The Prefident fhall have pow er to fill up all vacancies :h;t tnav happen. -dui ing the rcccls of the Senate, by grant- j con;rr.iihonsj which fhall expire at the end of their j coxs riru no:; or the united states. SECTION XIX. He (hull, from time to time, gi ve to the Congrefs infor- mation of the (Lite of the Union ; and recommend to their conitderatio.il fuch mcafures as he Shall judge neccSfary and expedient. He may, on extraordinary occafions, convene both hiuifes, or cither of them : and, i i> cafe of dilagrcc- mcnt between them, with refpect to the time of adjourn- ment, he may adjourn them to fuch time as he fhall think, proper. Me (hall receive amballadors and other public mi- nisters. He (hall take care that the laws be faithfully execut- ed : and (Hall committion all the officers of the United States. SECTION IV. The Prcfident, V ice-Prcfident, and all civil officers of the United States, fhall be removed from office, on impeach- ment for, and conviction of treafon, bribery, or other big!* crime* and mifdemeanors, Article III. SECTION I . The judicial power of-the United States fhall be veiled in one lupreme court, and in fucb inferior courts at> t'nc ■Congrefs may. from time to time, ordain and eftabliih. 'Die judges, both of tiic Supreme and inferior courts, iball hold their offices during good behaviour ; ani fhall at ft.itcd time>, receive for their Cervices, a compenfation, whic h fhall not bs diminifhed during their continuance hi £>T- fice. SECTION II. 1. The judicial power fhall extend to all cafes, in law an t equity, ariling under this conftitution, the laws of the United States, and treaties made, or which fhall be nude, under their authority ; to all cafes affefting ambalSidoij, other public miniflers, and confuls ; to all cafes of admiralty and maritime jurisdiction ; to contro vcrfies to which the United States, fljall be a party ; to controverfies between two or more States, between a (late and citizens of another date, between citizens of different States, between citizens of the fame State, claiming lands under grants of different States, and between a State, or the citizens thereof, and fo- reign States, citizens or fubjecls. 2. In all cafes affecting ambaffadors, other public minif- ters and confuls, and thole in which a flate fhall be a party, the Supreme court fhall have original jurisdiction. In all the other cafes before mentioned, the lupreme court fhall have appellate jurifdiclion, both as to law and fact, with fuch exceptions, and under fuch regulations as the Congrefs Shall make. 3. The trial of all crimes, except in cafes of impeachment, Shall be bv jury : and fuch trials lhall be held in the State 'vherc the Said crimes Shall ha^e_J^n__c^rjiiiiiii£d_^Jiai_ i 6 CONSTITUTION- OF THE USITI T) STATES. when not committed within any flate, the trial {hall be st fuch place or places, as the Congtefr may Ly law have di- rt ctcd. SECTION III. 1 . Trcafon againfl the United States, mall con fid only in levying war again 11 them, or in adhering to their enemies, giving them aid and comfort. No pel Ion {hall he convicted of trcafon unlcfson the ttftimoiiy o! two witnerfes to the (ante overt iQ a cr on con fc Hi on in open court. 2. The Congrefs'fhall have full power to declare the p::- nilhmchT of trcafon : but no attainder of trcafon {hall woi k corruption »f LloocI, or forfeiture, except during the life of the pcrfon attain ted. Articte IV. ' SEC T I O N' I." Full faith and credit fiiall be.givcn in cat h flatc. to the P Hie ;th. i ccords, apd judicial prccccdings on every other (h le. And the Cin gicls may,^by genet al laws, pielcril.e t'.; maimer in which fuch a/tls, records and proceedings 1! !.« proved and the e'ffifr. ("hereof." S i'.'Xl T ION II. '. The citizens of each flate mall he entitled to all the pyiv-ihgo; and immunities of c itizens in the IcvcrfcUlatt-s. ■ . 4 rfun charged »« any ftate >vitn irealoo, felony, &r • i *.\ i Vf iW^'lvjffo Tftr.l IreT* rffqn$U?iu{\ A>e fdufm in ■ • ; • i ilasr, ih*;!. on 'cncd) againft domeftic violence. ARTICLE V. The Congrefs. whenever two-thirds of both houfes fhall deem it neceffary, fhall propolc amendments to this confti- tution, or, on tlie application of the legiflaturcs of two- thirds of the levcral dates, fhall call a convention for pro- pofing amendments, which, in either cafe fhall be valid to all intents and purpofes, as part of this conflitution, when ratified by the legiflaturcs of three-fourths of the feveral flutes, or by conventions in three-fourths thereof, as the one or the other mode of ratification mav be propofed by the Congrefs ; provided that no amendment, which may be made prior to the year one thoufand eight hundred and eight, fhall in any manner affeft the fit ft and fourth claufes in the ninth feci ion of the firft article ; and that no ftate, with- out its conlcnt, fhall be deprived of its equal luffrage in the Senate. ARTICLE VI. 1. All debts contracted, and engagements entered into be- fore the adoption of this conflitution, fhall be as valid againft. the Ignited States, under this conflitution, as under the confederation. 2. This conflitution, and the laws of the United States wlrich fhall be made in purfuance thereof, and all treaties made, or which fhall be made, under the authority of the United States, fhall he the fupreme law of the land : and the judges, in every flate, fhall be bound thereby, any thing in the conflitution or laws of any flate to the contrary not- ■ft'ithflanding. 3. The Senators and Representatives before mentioned, and tlie members of the flate legiflatures, and all executive and judicial officers, both of the United States and of the feveral ftates fhall be hound, by oath or affirmation to fup- pori this conflitution ; but no religious tcfl fhall ever be re- quired as a qualification to any office of public truft under the United States. ARTICLE VII. The ratification of the conventions of nine flates fhall be fufficient for the eflablifhment of this conflitution between the ftates fo ratifying the lame. Done in Convention, by the unanimous confent of the ftates prefem, the feventecnth day of September, in the year of our Lord one thoufand feven hundred and eight) - feven, and of the Independence of the United States of America the twelfth. In witnefs whereof we have here- uiito fubferibed oui names. GEORGE WASHINGTON, Prcfident and Deputy from VirrJn t- CON'STITi: ITED STATES. Neui-llamftjhirt. John Lr dilparage others retained bv the people. XII. The powers not delegated to the United States by the conftitution, nor prohibited by it to the. Stales, are re- ferved to the States re I petti vely. or to the people. . Yr bui kick A. Muhm'.ikc. Speaker tif the Houie of Representatives, John Adams, Vice-Prcfidcnt of the United St. tcs, and Prcfidcnt of the Senate. Atteft. J olls BtCKLEY, Clerk of the Houfc of Reprcfcntati vcs. Samuel A. Otis, Secretary of the Senate. N. R. By the returns made into the Secretary of State's office, it appeals, that the full article of ihc above amend- ments IS agreed tol.yotily feven State* — the lecond by only four — and tiiercfore thefe are not obligatory. All the re- mainder, having been ratified by nine States, arc of rcjtiaj obligation with the confluulion itlelf. Augujl 12, 1791. Jiatiftatioti of the Federal Conjlitvtion by the United States. By Delaware. Bv I'ennfvl vania. By New- krfcy. By Georgia. By Connt Cticut. By Ma-lfachufct.is. By Maryland. - , jiv. By South-Carolina. By New-Hampftiire. By Virginia. By Ncw-Yoik. By North-Carolina. By Rhode-IOand. Vermont received into the Union. Kentucky do. 1787 Dec. 3- •3- *9> j;33 Jan. '• *• 9- Feb. f>. April 28. May 2 3- June 21 . 2 5- l«iy 26. «7 8 ° Nov. 27. 179c June 1792 June THE CONSTITUTION Of the State of New-York. fa Convention cf tke Reprrfentatives of the State of Kau-y'ork: King-don, 2oth April, 1777. WH I'.R EAS the many tyiannical and oppieffive uf arpations ol the king and pailiamcnt of Great-Britain, on the lights and liberties of the people of the American colonic?, had rcdi.ccd them to the neceffuy of introducing a government by congreffes and committees, as tempomy expedients, and to ex. ft no longer than the grievances ot the people fuould remain Without It 4rHiB! T> \ ljjl- '•4v»MI « r, . And Whereas the congrefs of the colony of New-Yoik, did, on the thirty fir it day of May, now lad pud, re!clve as fol- . low?, viz. xflfat&iw-: ' i • JSaA , *ji> y • . "Wlereas the preTcnt government of this colony, by con- grefs and committees, was inilitutcd while the Jonncr govern- ment under ihc crown of Great-Britain, cxiited in full force ; and was eftabhfhed for the fole purpole of oppofmg the ulurpa- ticn of the Btiufh parliament, and was intended to expire on a reconciliation with Great-Britain, which it was then apprehend- ed would loon take place, but is now confidered as lcmote and uncertain. ,- • ..;}'t\\;- ' t' % , Al£*\Vr >•■; M And Whereas many and great inconveniences attend tire faid mode of government by congrefs and committee?, as of necelhiy, in many inltances, lcgiflativc, judicial and executive powers have been veiled therein, efpccially iince the dilfolu- t'on of .the former government, by the abdication of the late governor, and the exclulion of this colony from the protection ot the king of Great-Britain. " And Whereas the continental congrefs did rcfolve as fol- lowctb, to wit : " Whereas his Britannic Majefly, in conjunction with the lords and commons of Great-Britain, has, by a l the cxcluhon of all feteign juiifclitStion, dominion and con- froul whatever. And whcicas it appertains of right folely to the people of this colony to determine the faid doubts : Therefore, " Rcfolved, That it be iccomrncnded to the electors in the fevcral counties in this colony, by election, in the manner and form prefcribed for the election of the prefent Congrefs, cither to authorifc (in addition to the powers vefted in this congrefs) their prefent deputies, or otheis in the ftcad of their prefent de- puties, or cither of them, to take into confederation the neceffity and piopricty of inflituting fuch new government as in and by the laid refolution of the continental congrefs is -defcribed and recommended : And if the majority of the counties, by their deputies in provincial congrefs, fhall be of opinion that fuch new government ought to be inflituted and efbblifhcd, then toinfli- tutc and eftablifh fuch a government as they fhall deem belt cal- culated to fecure the rights, liberties, and happinefs of the good people of this colony ; and to continue in force until a future peace with Gi eat- Britain fhall render the lame unneccfTiry. And, " Rcfolved, That the faid elections in the fevcral counties, ought to be had on fucrr day, and at fuch place or places, as by the commiitee of each county respectively lhall be determined. And it is recommended to the faid committees, to fix luch early days far the faiV elections, as that all the deputies to be elected, have fufHcicnt time to repair to the city of Ncw-Yoik by the lecond Monday in July next ; on which day all the faid deputies ought punctually to give their attendance. ,; Ann When as the object of the aforegoing refolutions is of the Utnioft importance to the good people of this colony. co\: irnn iox of the state of nfav-york. '• Refulvcd, That it be. and it is hereby carncflly recommend- ed to the committees, free-holders, and other electors in the different counties in this colony, diligently to cany the lame into execution." And Whereas the good piroplc of the (aid colony, in purfu- ance of the (aid refolution. and reponng fpecial truft and confi- dence in the members of litis convention, have appointed, au- thorifed and empowered them fof the purpofes, and in the manner and with the dowers in and by the laid rcftilve fpecified, declared and mentioned. And Whereas t lie delegates to the United American State?, in general congrefs convened, did on the fourth d ay of J nl v now lad paft, folcmnly publifh and declare, in the words following, viz. " When in the coiirfc of human events, it becomes iieceffnry for one people to diffolve the political bands which have Con- neft:d then', with another, and to affurae among the powers of the earth, (lie fcparate and equal ftation to which flic law, of nature, and of nature's God intitle the;n. a decent refpeft to t lie opinions of mankind requires that t hey fhould declare the cattle* which impel them to the reparation. W We hold liiei'c tniliis to be felf-cvidcnt, that all men a e crratcdcqual, that they are endowed by their creator with ccit. n unalienable tights ; that among theic are, life, liberty, and iiio pui luit of happtnels. — That to lecure thele right.'-, governments arc inllitutcd among men. deriving their juit powers from the confetit of the governed ; that whenever any foim of government becomes defti'uftiye of thele ends, it is the right of the people to alter or to abolifh it, and to inflitute new government, laving its foundation on fifth principles^ and organizing its powers in fuch form, as to them fliail (ej;n raoft likt:ly to effect their lafcy and happincl's. Prudence indeed will dictate, that governments Jong cftabltflicd Ihotild not be changed for light and trauiiei.t caules, and accordingly all experience hath fiievvn, that man- kind arc more dilpoied totuffcr, while evils are lulterablc. tl. n to right thcmlelvcs by abolilhing the forms to which they ar»: acculloined. But when a long train of abulcs and ufui pntions purluing invariably the lame objeel. evinces- a dehgn to reduce thci under ablolutc dclpotilm, it is their righr, it is their duiv, to tlnow off inch government, and to provide new guard's for their future leeuiity. Snth has been the patient luncrance of thele colonies ; anjcl fuch is now the neccjliiy which confhains them to alter their Eoffncr fyflcm of government, 'l'he hifiory of the prelent king 6f (hc.it -Britain is a hifloiy of repeated in- juries and uiurpations. all having in direct object, the cfiablilh- mcitt of an abiolute tyranny over thele States. To prove l.his, let facls be fubmitted to a candid World. " He has lcfuled his affent to Lws, the moil wlu 1. Ionic a id BCCeffaty for the public good. 8 j CONSTITUTION OK THE STATE Or NEW-YORK. •' lie has forbidden his governors to pafs laws of immediate £ nfl piefTnig importance, unlels lulperided in their operation till his alfeiil fhould be obtained ; and when lb fulpenrhd, he has utterly neglected to attend to them. ." He lias re fi i fed lo pals other laws for the accommodation of large liilliift* of people, unlefs thole people would relincjuifh Die right of representation in the Icgiflature ; a right inclinable U- 'hem. and I'oimidable to tyrants onl /. ■ . L I "<• ha< balled together legiflative bodies at places unufu-1, uncomfortable, and d; (Lint from the depofitory of their public n r.oiils. foi :! c lolc pinpolc of fatiguing them into compliance V. it'll liis nic.ilurcSi ' ^.- r • '• I!c l :.s difToivcd representative houfes repeatedly, f< r op- p< fing with manly, lirmncls bi> iyvafions on the tights of the , i: He* has refilled for a ban? time, after fuch difToluiion.s, lo crude others job'.' tlcclcd ; -whereby the Icg'lhiive powers, ui- < i| .-l ie of, annihilation,, have u lurnrd to the people at' large, for ti.i ir cxcicile ; the State remaining in the mean time expo'ed to all the dangcis of invalion from without, (ffc con vol lions wnihin, " lie ).;•• c , .', -.ivou-.cd to prevent (lie 'population "1 tick StaTo ; foi t' at nwipole obttn;^ ng tTie 1 iws for. luturaWzatioii of lore ^nei> -. jefuhng to j:als nil.rrs lo encouvage their migj::- t ion's hither, and tailing the conditions of pew applanations pf lands, 1 ' Ct]lR< •-' He has obflruttcd the admwiiftration of juflice. by tejuung liis nffent to laws for eft.iblifhing judicial}- powers. ' ; He has made judges dependent on bis Will alone, for the fume of their offices, and the amount ajiu payment of their falahes. yt"'« ii Lj ' v tw tf*' f "f \*W\3*3wMFr? '• lie has erected ?. muliitude of new 'fHccs, and foot hitlicr fwarms of dmccis to harrals our people, and eat out their lui,r ftmcc. •• lie lias Kept ?mor\g us, in times of peace, Handing armies, wiliioul ibe Jfqiifaiit ot our lcgifhr.ires. ^ , »'.•»„„ " lie iias affected to render the military independent of, arid fuperior to, tho civil power. • Hi has combined with oih«rs to fuhject us to a jurifdicfion foreign to our conftitution, and unacknowledged b\ our laws ; fciving bis alfent to their acts of pretended iegifl it ion. " For quartering laige bodies of tioops among us ; , *',T of C ''jo %afcij ji jV 'j-j jj^vtTJo • : For cutting tiff our trade with all puts of the world. <: For ilnpoinig taxes on us without our confent : " For depriving us in many ca!e;, of the. benefits of trial by CONSTITUTION OF THE STATE OF 'NEW-YORK. 25 " For tranfporting us beyond Teas to be tried for pretended offences ; t: For abolifhing the free fyfterri of Englifh laws in a neigh- bouring province, eftablifhing therein an arbitrary government, and enlarging its boundaries, io as to render it at once an exam- ple and fit inurument for introducing the fame ablolute rule into thefe colonies : " For taking away our charters, abolifhing our mo ft valuable laws, and altering fundamentally the forms of our governments : • : For fufpending our own legiflatures, and declaring them- felvcs inverted with power to legiflate for us in all cafes what- foevcr. " He has abdicated government here, by declaring us out of his protection, and waging war again ft us. <; He has plundered our leas, ravaged our coafts, burnt our towns, and dcltroyed the lives of our people. ;i He is, at this time, tranfporting large armies of foreign mer- cenaries to complete the works of death, defolation and tyranny, already begun with circumflances of cruelty and perfidy, fcarcely parrallelcd in the molt barbarous ages, and totally unworthy the head of a civilized nation. " He has conflraincd our fellow citizens, taken Captive on the high leas, to bear arms againfl their country, to become the executioners of their friends and brethren, or to fall themfclves by their hands. li He has excited domeftic infurreftions among us, and has endeavoured to bring on the inhabitants of our frontiers the inercilels Indian favas.es, whole known rule of warfare is an un- difhnguifhing deftruftion of all ages, fexes and conditions. 44 In every flagc of thele opprcluons, we have petitioned for lcdrefs in the jnoft humble terms : our repeated petition have been anl'wercd only by repeated injury. A prince whole character is thus marked by every aft which may define a tyrant, is unfit to be the ruler of a free people. " Nor have wc been wanting in attentions to our Britifh. brcthern. Wc have warned them from time to time of attempts By their legiflaturc to extend an unwarrantable jurifdiftion over us. We have reminded them of the circumflances of our emi- gration and fctllcment here. We have appealed to their native juftice and magnanimity, and wc have conjured them by the tics of our common kindred, to dilavow thclc ufurpations, which would inevitably interrupt our connection and corrcfpondencc. They too have been deaf to the voice of juftice :;nd of con- fanguinity. Wc muft therefore acquiefee in the nccelTuy w':ich denounces our leparation, and hold them as we hold the reft, of mankind, enemies in war; in peace, friends. i; We, therefore, the Rcprcfentativcs of the United States of sh 'ji* ra* s,^3^:.*W&ha 26 CONSTITUTION oV THE STATE OF NEW.\ORK America, in general congrefs affcmbled, appealing to the Su- i prcinc Judge of the world, for the rectitude of our intention* do, in the name, and by the authority of the good people of thefc colonies, folcmnly publiUi and declare, That thclc united ' colonies arc, and of right. ought to be, FREE AND IN- DEPENDENT STATES; that they arc abfolved from all allegi- ance to the Britilh crown, and that all political connection between them and the fbtc of Great-Britain, is, and ought to be totally diffolvcd ; and that as free and independent Mates, they have full power to levy war, conclude peace, contract alliances, cftablifh commerce, and to do all other acts and things which independent ftatcs may of right do. And for the lupport of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our lacrcd honour. And Whereas this convention having taken this declaration into their moft fcrious confederation, did, on the ninth day of July lad pad, unanimoufly rclolvc, That the rcalons afhgncd by the continental congrefs, for declaring the united colonics free and independent States, are cogent and conclufive : And that while we lament the cruel ncccffity which has rendered that mcafure unavoidable, we approve the lame, and will, at the rilquc of our lives and fortunes, join with the other colonics in iupporting it. By virtue of which fcvcral acts, declarations and proceedings, mentioned and contained in the afore-rccitcd rciolves or relo- lutions of the general congrefs of the United American States, and of the congrcflcs or conventions of this State, all powei whatever therein hath reverted to the people thereof, and this convention hath by their luffrages and ficc choice been appoint- ed, and among other things authoiiled to inftiture and cftablifh luch a government, as they fhall deem beft calculated to fecure the rights and liberties of the good people of this State, molt conducive of the happinefs and fafety of then conftrtucats in particular, and of America in general. I. THIS convention, therefotc, in the name and by the .authority of the good people of this Hate, doth ordain, deter- mine, and declare, that no authority fhall, on any pretence whatever, be cxcrcifcd over the people or members of this ftate, but fuch as (hall be derived from and granted by them. II. This Convention doth further, in the name and by the authority of the good people of this ftate, ordain, de- termine, and declare, that the fupreme legiflative power, within this ftate, fhall be vefted in two lcparatc and diC tinct bodies of men — the one to be called, theaffembly of the ftate of New-York — the other to be called, the lenatc of the ftate of New-Yoik— who together fhall form the CONSTITUTION OF THE STATE OF NEW-YORK. 2J fegiflat^re, and meet once at leafl. in every year; for the difpatch of bufinefs. III. And whereas'laws, inconfillent with the fpirit of this com'f itufion, or with the public good, may be haftily and unadviledly pa fled ; be it ordained, that the governor for the time being, the chancellor, and the judges of the fuprcme court--or any two of them, together with the governor— fhall be, and hereby are, conflituted a council, to revile all bills about to be palled into laws by the lcgif- hfrfare and for that purpofe fhall affcmble themlelves, from time to time, when the legiflature fhall be convened : for which, neverthelefs, they fhall not re'eeive any falary or conlideration, under anv pretence whatever. And that all bills, which have paffed the fenate and affembly, fhall, before thev become laws, be prcfented to the laid council, for their rcvifal and confidcraiion ; and if, upon luch revi- f-on and confidcra-tion, it flionld appear improper to the. fhvi council, or a majority of them, that the laid, bill ihould become a law of this ftate, that they return the fame, together with their objections thereto in writing, to the fenate or hou4c 'of affembly (in which loevcr the iarne fhall have originated) who fhall enter the objections, fent down bv the council, at large, in their minutes, and proceed to reconfider the faid bill. But if, after luch reconlideration; two thirds of the faid fenate or houfe of affembly, (half, notwithstanding the laid objections, agree to pafs the fame, it fhall, together with the objections, be fent to the other branch of the legiflature, where it fhall alfo be re-confider- < fl. and, if approved by two thirds of the members prefent, fhall be a law. And in order to prevent any unecefTary delays, be it further ordained, that if any bill fhall not be returned by the council within ten days after it fhall have been prelented, the fame fl-vall be a law, unlefs the legiflature fhall, by their adjourment, render a return of the faid bill, within ten days, impracticable ; in which cafe, the bill fhall be re- turned on the fir ft day of the meeting of the legiflature, after the expiration of the faid ten days. IV. TKat the aflerrrbly fhall confvfl. of at leafl feventy members, to be annually chol'en 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 Duchefs, /even. The county of Weftchefter, fix. The county of Ulfler, fx. Tiic county of Suffolk, five. The county of Queens, four, . 2$ CONSTITUTION OF THE STATE OF N'EW-yO The county of Orange, four. The county of Kings, two. The county of Richmond, tuu. The county of Tryon, fix. Tlic county of Charlotte, Jour. The county of Cumberland, three. The county of Glouceftcr, two. V. That as foon, after the expiration of feven vc^rs, ffublequent to the termination of the prefent war) as may he, a ctsnlus of the electors and inhabitants in this (late be taken, under the direction of the legiilature. And if, onJuch ccnj'us, it flir 11 appear, that in the number of rrs, and three hundred reprelentativcs, among the great diftricts and counties of this State, in proportion to the number of their refpefctive electors ; to that the reprefentation of the good people of this State, both in the Senate and Affembly, fnall for ever remain proportionate and adequate. XVIL And this convention doth further, in the name and by the authority of the good people of this Slate ; ordain, de- termine and declare, that the luprcme executive power and authority of this State fhall be veiled in a governor ; and that ff.oadily, once in every three years, and as often as the leat of government ftiall become vacant, a wile and dilcrect free- holder of this State fhall be by ballot elected governor by the freeholders of this State, qualified as before deioribed to elect fenators ; which elections fliall be always held at the times and places of chufing reprefentatives in Aflembly for each refpec- tive county; and that the pcrfon who hath the grcateft num- ber of votes within the laid State fhall b3 the governor thereof. XVIII. That the governor fnall continue in office three vcars, and fhall, by virtue of his office, be general and com- mander in chief of all the militia, and admiral of the navy of this Slate ; that he fliall have power to convene the Affembly and fenate on extraordinary occalions, to prorogue them from time to time, provided fuch prorogations fliall not exceed Sixty davs in the fpace of any one year; and at his discretion to grant reprieves and pardons to perlons convicted of crimes, other than trcafon or murder, in which he may fufpend the execution of the fentence, until it fhall be reported to the legiflaturc at their fubietjuent meeting ; and they fliall either pardon or direct the execution of the criminal, or grant a further reprieve. XIX. That it fliall be the duty of the governor to inform the legifiature, at every fcllions, of the condition of the State, fo far as may reipeft his department* ; to recommend fuch mat- ters to their conlideration as fliall appear to him to concern its good government, welfare, and prolperity ; to cprrclpond the Continental Congrcfs and other States, to tranlaftall neccf- faiy b u fine is with the officers of government, civil and milita- CONSTITUTION OF THE STATE OF NEW-YORK / : and to tnkc c.irc that the laws arc faithfully executed to he heft of his ability ; and to expedite all fuch mcafures at miy be rclolvcd upon by the legiflature. XX. That a lieutenant-governor fhall, at every elcftion of a governor, and as often as the lieuteuant-governor fhall die, rchgn, or be removed from office, be clefted in the fame man- ner with the governor, to continue in office until tire next elcftion of a governor ; and fuch lieutenant-governor fhall, by virtue of his office, be prefident of the fenate, and, upon anequal divifion, have a cafting voice in their deciiions, but not vote on anv o' her occafion. And in cale of the impeachment of the governor, or his removal from office, death, rcfignation, or ablenoe from the State, the lieutenant-governor fhall cxciciie all the power and authority appertaining to the office of governor, until another be cholcn, or the governor abfent or impeached, fhall return or be acquitted. Provided, that wher: the governor fhall, with the conlcnt of the legiflature, be out of the State, in time of war, at the head of a military force thereof, he fhalt ftill con- tinue in his command of all the militaiv force of the State, both- by lea and land. X V XI. That whenever the government fhall be adminiftercd by the lieutenant-governor, or he fhall be unsblc to attend as prefident of the lenate, the fenators fhall have power to cleft one of their own members to thr office of prelidcnt of the l.-natc, which he fhall excrciie pro hac vice. And if, during fjch vjcancy of the office of governor, the lieutenant-govern or fhall be impeached, difplaoed, refsgn, die. or be ablent from the State, the prcfider.t of th* fenate fhall in like manner as the- lieutenant-governor, adminiftcr the government, until others fhall be clefted by the luffragc of the people at the fuccecding elcftion. XXII. And this Convention doth further, in the name and by the authority of the good people of this Stale, ordain, de- termine, and dcclaic, that the trcafurer of this State fhall be appointed by aft of- legiflature, to originate with the Alfcmbly ;- provided, that he fhall not be elected out of either branch of the legiflature. XXIII. That all officers, other than thofc who by this con- ftitution are dircftcd to be otherwile appoinicd, fhall be ap- pointed in the manner following, to wit, the Affcmbly fhall once in every year openly nominate and appoint one of the fenators from each great diftrift, 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 refpeftively adminifter ^ e government, fhall be prefident, and have a cafting voice CONSTITUTION OF THE STATE Ol N £W-> but no other vote ; and with t!ic advice and confei laid council Hull appoint all the laid officers ; and thxit joiity of the laid council be a quorum. And further, i laid fenators fliall not be eligible to the laid council for tv. years fucccfiivcly. XXIV. That all military officers be appointed during plca- fure ; that all Commifhoned officers, civil and military, be com- ■liflioncd by the governor; and that the chancellor, the judges of the fuprcmc court, and fir ft judge of the county court in every county, hold their offices during good behaviour, or until they fhall have rclpcctivcly attained the age of lixty years. XXV. That the chancellor and judges of the urpreme court fhall not at the lame time hold any other office, excepting that of delegate to the General Congrcls upon Ipccial occafions ; and that the firft judges of the county courts in the feveral counties lhall not at the lame time hold any other office, excepting that of fenator or delegate to the General Congrcls. .But if the chancellor, or either of the laid judges, be ck oled or appointed to any other office, excepting as is before excepted, it mall be at his option in which to lerve. XXVI. That fheriffs and coroners be annally appointed ; and that no perlbn fhall be capable of holding either of the laid offices more t! an four years fucceffively, nor the fhcriff of holding any other office at the fame time. XXVII. And be it further ordained, that the regifter and clerks in chancery be appointed by the chancellor ; the clerks of the fupiemc coartby the judges of the laid court ; the clerk of the court of probates by the judge of the laid court ; and the regifter and marfhal of the court of admiralty by. the judge of the admiralty; the faid maithal, rcgiftcrs and cletks, to continue in office during the pleafurc of thole by whom they are to be appointed as aforclaid. And all altornics, lolicitors and eounfcllors at WW, hereafter to be appointed, be appointed by the court and liccn- fed by the firft judge of the court in which they fliall relpec- tivcl/ plead or p tactile ; and be regulated by the rules and orders of the faid courts. , XXVIII. And be it further ordained, that where by this Conllitution the duration of any office fliall not be alccrtained, luch office fliall be conftrucd to be held during the pleafurc of the council of appointment: provided, that new commiffions fhall be ilfucd to judges of the county courts (other than to the firft judge) and tojufticcs of the peace, once at the leaft in every three years. XXIX. That town-crerks, fupervifors, afteflbrs, conftabies and coheftcrs, and all other officers heretofore eligible by the people, fhall always continue to be fo eligible, in the niannei directed by the prcfent or future a£ls of lcgiflature. 2 CONSTITUTION Oh THE SI AT!. Oi NEW-YOAK. ■ -.- trc ifun : . and (1 iks <t