appointed by senate. SECTION 3. The governor shall nominate, and with the officers to be onsent of the senate appoint, all major-generals, and the governor and commissary-general. The adjutant-general and other chiefs of staff departments, and the aids-de-camp of the commander-in-chief, shall be appointed by the governor, and their commissions shall expire with the time for which the governor shall have been elected. The commissary-general shall hold his office for two years. He Commissary. shall give security for the faithful execution of the duties general. of his office, in such manner and amount as shall be prescribed by law. militia officers. SECTION 4. The legislature shall by law direct the time Election or and manner of electing militia officers, and of certifying their elections to the governor. SECTION 5. The commissioned officers of the militia shall Officers how commissioned. 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. itia officers ished. SECTION 6. In case the mode of election and appointment Election of mil of militia officers hereby directed shall not be found con- may be abolducive 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. ARTICLE XII. prescribed. SECTION 1. Members of the legislature, and all officers, Oath of office executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : "I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the State of New York; and that I will faithfully discharge the duties of the office of according to the best of my ability." And no other oath, declaration or test shall be required as a qualification for any office or public trust. ARTICLE XIII. SECTION 1. Any amendment or amendments to this con- Amendments, stitution may be proposed in the senate and assembly; and Future conventions how called. Election, Term of of fice of sena bers of assem bly. if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election of senators, and shall be published for three months previous to the time of making such choice; and if in the legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the legislature voting thereon, such amendment or amendments shall become part of the constitution. SECTION 2. At the general election to be held in the year eighteen hundred and sixty-six, and in each twentieth year thereafter, and also at such time as the legislature may by law provide, the question, "Shall there be a convention to revise the constitution, and amend the same?" shall be decided by the electors qualified to vote for members of the legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the legislature at its next session shall provide by law for the election of delegates to such convention. ARTICLE XIV. SECTION 1. The first election of senators and members of assembly, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-seven. The senators and members of assembly who may be in tors and mem- office on the first day of January, one thousand eight hundred and forty-seven, shall hold their offices until and including the thirty-first day of December following, and no longer. First election of Governor and Lieutenant-Governor, when. SECTION 2. The first election of governor and lieutenantunder this constitution, shall be held on the Tuesgovernor, day succeeding the first Monday of November, one thousand eight hundred and forty-eight; and the governor and lieutenant-governor, in office when this constitution shall take effect, shall hold their respective offices until and including the thirty-first day of December of that year. and others to fice, till 31st SECTION 3. The secretary of state, comptroller, treasurer, State officers attorney-general, district attorneys, surveyor-general, canal remain in of commissioners and inspectors of state prisons, in office Dec., 1847. when this constitution shall take effect, shall hold their respective offices until and including the thirty-first day of December, one thousand eight hundred and forty-seven, and no longer. of judicial offi. SECTION 4. The first election of judges and clerk of the First election court of appeals, justices of the supreme court, and county cers, when. judges, shall take place at such time between the first Tuesday of April and the second Tuesday of June, one thousand eight hundred and forty-seven, as may be prescribed by law. The said courts shall respectively enter upon their duties, on the first Monday of July next thereafter; but the term of office of said judges, clerk and justices, as declared by this constitution, shall be deemed to commence on the first day of January, one thousand eight hundred and forty-eight. suits. SECTION 5. On the first Monday of July one thousand Jurisdiction of eight hundred and forty-seven, jurisdiction of all suits and proceedings then pending in the present supreme court and court of chancery, and all suits and proceedings originally commenced and then pending in any court of common pleas, (except in the city and county of New York,) shall become vested in the supreme court hereby established. Proceedings pending in courts of common pleas, and in suits originally commenced in justices' courts, shall be transferred to the county courts provided for in this constitution, in such manner and form and under such regulations as shall be provided by law. The courts of oyer and terminer hereby established shall, in their respective counties, have jurisdiction on and after the day last mentioned, of all indictments and proceedings then pending in the present courts of oyer and terminer, and also of all indictments and proceedings then pending in the present courts of general sessions of the peace; except in the city of New York, and except in cases of which the courts of sessions hereby established may lawfully take cognizance; and of such indictments and proceedings as the courts of sessions hereby established shall have jurisdiction on and after the day last mentioned. SECTION 6. The chancellor and the present supreme Chancellor and court shall, respectively, have power to hear and determine supreme court any of such suits and proceedings ready on the first Monday of July, one thousand eight hundred and forty-seven, for hearing or decision, and shall, for their services therein, be entitled to their present rates of compensation, until the first day of July, one thousand eight hundred and forty Masters in chancery. Vacancy in of fice of chancel lor, or justice preme court, of present suhow filled. Offices abolished. Chancellor and Officers to hold until expira eight, or until all such suits and proceedings shall be sooner heard and determined. Masters in chancery may continue to exercise the functions of their office in the court of chancery, so long as the chancellor shall continue to exercise the functions of his office under the provisions of this constitution. And the supreme court hereby established shall also have power to hear and determine such of said suits and proceedings as may be prescribed by law. SECTION 7. In case any vacancy shall occur in the of fice of chancellor or justice of the present supreme court, previously to the first day of July, one thousand eight hundred and forty-eight, the governor may nominate, and by and with the advice and consent of the senate appoint, a proper person to fill such vacancy. Any judge of the court of appeals or justice of the supreme court, elected under this constitution, may receive and hold such appoint ment. SECTION 8. The offices of chancellor, justice of the existing supreme court, circuit judge, vice-chancellor, assistant vice-chancellor, judge of the existing county courts of each county, supreme court commissioner, master in chancery, examiner in chancery, and surrogate, (except as herein otherwise provided,) are abolished from and after the first Monday of July, one thousand eight hundred and forty-seven, (1847.) SECTION 9. The chancellor, the justices of the present supreme court and the circuit judges, are hereby declared to be severally eligible to any office at the first election under this constitution. SECTION 10. Sheriffs, clerks of counties, (including the tion of term. register and clerk of the city and county of New York,) and justices of the peace and coroners, in office when this constitution shall take effect, shall hold their respective offices until the expiration of the term for which they were respectively elected. Judicial offi cers may receive fees until &c. Local courts to remain until, &c. SECTION 11. Judicial officers in office when this constitution shall take effect, may continue to receive such fees and perquisites of office as are now authorized by law, until the first day of July, one thousand eight hundred and forty-seven, notwithstanding the provisions of the twentieth section of the sixth article of this constitution. SECTION 12. All local courts established in any city or village, including the superior court, common pleas, sessions and surrogates' courts of the city and county of New York, shall remain, until otherwise directed by the legisla ture, with their present powers and jurisdictions; and the judges of such courts and any clerks thereof in office on the first day of January, one thousand eight hundred and forty-seven, shall continue in office until the expiration of their terms of office, or until the legislature shall otherwise direct. Constitution goes into oper SECTION 13. This constitution shall be in force from and including the first day of January, one thousand eight ation. hundred and forty-seven, except as is herein otherwise provided. DONE in convention, at the capitol, in the city of Albany, the ninth day of October, in the year one thousand eight hundred and forty-six, and of the independence of the United States of America the seventyfirst. In witness whereof, we have hereunto subscribed our names. JAMES F. STARBUCK, H. W. STRONG, Fr. Seger, JOHN TRACY, President, and Delegate from the county of Chenango. Secretaries. [The following delegates composed the convention which formed the foregoing constitution.] |