8. Any bill may originate in either house of the legislature; and all bills passed by one house, may be amended by the other.

9. The members of the legislature shall receive for their services a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the year in which it shall have been made. And no law shall be passed increasing the compensation of the members of the legislature beyond the sum of three dollars a day.

10. No member of the legislature shall receive any civil appointment from the governor and senate, or from the legislature during the term for which he shall have been elected.

11. No person being a member of congress, holding any judicial or military office under the United States, shall hold a seat in the legislature. And if any person shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or military, under the United States, his acceptance thereof, shall vacate his seat.

12. Every bill which shall have passed the senate and assembly shall, before it become a law, be presented to the governor: if he approve, he shall sign it, but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it: if, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present, it shall become a law; but in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journals of each house respectively; if any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature shall, by their adjournment, prevent its return; in which case it shall not be a law.

13. All officers holding their office during good behaviour may be removed by joint resolution of the two houses of the legislature, if twothirds of all the members elected to the assembly, and a majority of all the members elected to the senate, concur therein.

14. The political year shall begin on the first day of January; and the legislature shall every year assemble on the first Tuesday in January, unless a different day shall be appointed by law.

15. The next election for governor, lieutenant-governor, senators, and members of assembly, shall commence on the first Monday of November, one thousand eight hundred and twenty-two; and all subsequent elections shall be held at such time, in the month of October or November, as the legislature shall by law provide.

16. The governor, lieutenant-governor, senators, and members of as sembly, first elected, under this constitution, shall enter on the duties of their respective offices on the first day of January, one thousand eight hundred and twenty-three; and the governor, lieutenant-governor, senators, and members of assembly, now in office, shall continue to hold the same, until the first day of January one thousand eight hundred and twenty-three, and no longer.

ARTICLE 2.

1. Every male citizen of the age of twenty-one years, who shall have been an inhabitant of this state one year preceding any election, and for the last six months a resident of the town or county where he may offer his vote; and shall have, within the year next preceding the election, paid a tax to the state or county, assessed upon his real or personal property; or shall by law be exempted from taxation; or being armed and equipped according to law, shall have performed within that year military duty in the militia of this state; or who shall be exempted from performing militia duty in consequence of being a fireman in any city, town, or village in this state: And also, every male citizen of the age of twenty-one years, who shall have been, for three years next preceding such elections, an inhabitant of this state and for the last year, a resident in the town or county, where he may offer his vote; and shall have been, within the last year assessed to labour upon the public highways, and shall have performed the labour, or paid an equivalent there for, according to law; shall be entitled to vote in the town or ward where he actually resides, and not elsewhere, for all officers that now are, or hereafter may be, elective by the people; but no man of colour, unless he shall have been for three years a citizen of this state, and for one year next preceding any election shall be seized and possessed of a freehold estate of the value of two hundred and fifty dollars, over and above all debts and incumbrances charged thereon; and shall have been actually rated, and paid a tax thereon, shall be entitled to vote at such election. And no person of colour shall be subject to direct taxation, unless he shall be seized and possessed of such real estate as aforesaid.

2. Laws may be passed, excluding from the right of suffrage persons who have been, or may be, convicted of infamous crimes.

3. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage, hereby established.

4. All elections by the citizens shall be by ballot, except for such town officers, as may by law be directed to be otherwise chosen.

ARTICLE 3.

§ 1. The executive power shall be vested in a governor. He shall hold his office for two years; and a lieutenant-governor shall be chosen at the same time, and for the same term.

2. No person, except a native citizen of the United States, shall be eligible to the office of governor, nor shall any person be eligible to that office who shall not be a freeholder, and shall not have attained the age of thirty years, and have been five years a resident within the state; unless he shall have been absent during that time on public business of the United States, or of this state.

3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the legislature. The persons respectively having the highest number of votes for governor, and lieutenantgovernor, shall be elected; but in case two or more shall have an equal and the highest number of votes for governor, or for lieutenant-governor, the two houses of the legislature shall, by joint ballot, choose one of the

said persons, so having an equal and the highest number of votes, for governor or lieutenant-governor.

4. The governor shall be general and commander-in-chief of all the militia, and admiral of the navy of the state. He shall have power to convene the legislature (or the senate only) on extraordinary occasions. He shall communicate by message to the legislature, at every session, the condition of the state; and recommend such matters to them as he shall judge expedient. He shall transact all necessary business with the officers of government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. He shall, at stated times, receive for his services a compensation, which shall neither be increased or diminished during the term for which he shall have been elected.

5. The governor shall have power to grant reprieves and pardon after conviction, for all offences, except treason and cases of impeachment. Upon convictions for treasons, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting; when the legislature shall either pardon, or direct the execution of the criminal, or grant a further reprieve.

6. In case of the impeachment of the governor or his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the governor absent or impeached shall return or be acquitted. But when the governor shall, with the consent of the legislature, be out of the state in time of war, at the head of a military force thereof, he shall still continue commander-in-chief of all the military force of the state.

7. The lieutenant-governor shall be president of the senate, but shall have only a casting vote therein. If, during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall act as governor, until the vacancy shall be filled, or the disability shall

cease.

ARTICLE 4.

§ 1. Militia officers shall be chosen, or appointed, as follows: Captains, subalterns, and non-commissioned officers shall be chosen by the written votes of the members of their respective companies. Field-officers of regiments, and separate battalions, by the written votes of the commissioned officers of the respective regiments, and separate battalions. Brigadier-generals, by the field officers of their respective brigades. Major-generals, brigadier-generals, and commanding officers of regiments or separate battalions, shall appoint the staff-officers to their respective divisions, brigades, regiments, or separate battalions.

2. The governor shall nominate, and, with the consent of the senate, appoint, all major-generals, brigade-inspectors, and chiefs in the staff departments, except the adjutants-general and commissary-general. The adjutant-general shall be appointed by the governor.

3. The legislature shall, by law, direct the time and manner of

electing militia officers, and of certifying their elections to the go

vernor.

4. The commissioned officers of the militia shall be commissioned by the governor; and no commissioned officer shall be removed from office unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended, or by the decision of a court-martial, pursuant to law. The present officers of the militia shall hold their commissions, subject to removal, as before provided.

5. In case the mode of election and appointment of militia officers hereby directed, shall not be found conducive to the improvement of the militia, the legislature may abolish the same, and provide by law for their appointment and removal, if two-thirds of the members present in each house shall concur therein.

6. The secretary of state, comptroller, treasurer, attorney-general, surveyor-general, and commissary-general shall be appointed as follows: The senate and assembly shall each openly nominate one person for the said offices respectively: after which, they shall meet together, and if they shall agree in their nominations, the person so nominated shall be appointed to the office for which he shall be nominated. If they shall disagree, the appointment shall be made by the joint ballot of the senators and members of assembly. The treasurer shall be chosen annually. The secretary of state, comptroller, attorney-general, surveyor-general, and commissary-general, shall hold their offices for three years, unless sooner removed by concurrent resolutions of the senate and assembly.

7. The governor shall nominate, by message, in writing, and with the consent of the senate, shall appoint all judicial officers, except justices of the peace, who shall be appointed in manner following, that is to say: The board of supervisors in every county in this state, shall, at such times as the legislature may direct, meet together: and they or a majority of them so assembled, shall nominate so many persons as shall be equal to the number of justices of the peace, to be appointed in the several towns in the respective counties. And the judges of the respective county courts, or a majority of them, shall also meet and nominate a like number of persons: and it shall be the duty of the said boards of supervisors, and judges of county courts, to compare such nominations, at such time and place as the legislature may direct; and if, on such comparison, the said boards of supervisors and judges of county courts shall agree in their nominations, in all or in part, they shall file a certificate of the nominations in which they shall agree in the office of the clerk of the county; and the person or persons named in such certificates shall be justices of the peace; and in case of disagreement in whole or in part, it shall be the further duty of the said boards of supervisors and judges, respectively, to transmit their said nominations, so far as they disagree in the same, to the governor, who shall select from the aid nominations, and appoint so many justices of the peace as shall be requisite to fill the vacancies. Every person appointed a justice of the peace shall hold his office for four years, unless removed by the county court, for causes particularly assigned by the judges of the said court. And no justice of the peace shall be removed, until he shall have notice of the charges made against him, and an opportunity of leing heard in his defence.

8. Sheriffs, and clerks of counties, including the register, and clerks of the city and county of New York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security, from time to time, and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. And the governor may remove any such sheriff, clerk, or register, at any time within the three years for which he shall be elected, giving to such sheriff, clerk, or register a copy of the charges against him, and an opportunity of being heard in his defence, before any removal shall be made.

9. The clerks of courts, except those clerks whose appointment is provided for in the preceding section, shall be appointed by the courts of which they respectively are clerks; and district attorneys, by the county courts. Clerks of courts, and district attorneys, shall hold their offices for three years, unless sooner removed by the courts appointing them.

10. The mayors of all the cities in this state shall be appointed annually by the common councils of their respective cities.

11. So many coroners as the legislature may direct, not exceeding four in each county, shall be elected in the same manner as sheriff's, and shall hold their offices for the same term, and be removable in like

manner.

12. The governor shall nominate, and, with the consent of the senate, appoint masters and examiners in chancery; who shall hold their offices for three years, unless sooner removed by the senate, on the recommendation of the governor. The registers, and assistant-registers, shall be appointed by the chancellor, and hold their offices during his pleasure.

13. The clerk of the court of oyer and terminer, and general sessions of the peace, in and for the city and county of New York, shall be appointed by the court of general sessions of the peace in said city, and hold his office during the pleasure of said court; and such clerks and other officers of courts, whose appointment is not herein provided for, shall be appointed by the several courts; or by the governor, with the consent of the senate, as may be directed by law.

14. The special justices, and the assistant-justices, and their clerks, in the city of New York, shall be appointed by the common council of the said city; and shall hold their offices for the same term that the jus tices of the peace, in the other counties of this state, hold their offices, and shall be removable in like manner.

15. All officers heretofore elective by the people shall continue to be elected; and all other officers, whose appointment is not provided for by this constitution, and all officers, whose offices may be hereafter created by law, shall be elected by the people, or appointed as may by law be directed.

16. Where the duration of any office is not prescribed by this constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appoint

ment.