Legislature to reapportion members of assembly.

Each county entitled to one member.

Hamilton county.

Pay of mem. bers.

of color not taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of assembly districts.

The legislature, at its first session after the return of every enumeration, shall reapportion the members of assembly among the several counties of this state, in manner aforesaid, and the boards of supervisors in such counties as may be entitled, under such reapportionment, to more than one member, shall assemble at such time as the legislature making such reapportionment shall prescribe, and divide such counties into assembly districts, in the manner herein directed; and the apportionment and districts, so to be made, shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section.

Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of the assembly; and no new county shall be hereafter erected, unless its population shall entitle it to a member.

The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member.

SECTION 6. The members of the legislature shall receive for their services a sum not exceeding three dollars a day, from the commencement of the session; but such pay shall not exceed in the aggregate three hundred dollars for per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until after the year one thousand eight hundred and forty-eight. When convened in extra session by the governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting, on the most usual route. The speaker of the assembly shall, in virtue of his office, receive an additional Compensation compensation, equal to one-third of his per diem allowance as a member.

Additional

to speaker.

No member to receive an ap

SECTION 7. No member of the legislature shall receive pointment. any civil appointment within this state, or to the senate of the United States, from the governor, the governor and senate, or from the legislature, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appointment, shall be void.

Persons dis

qualified from being members.

SECTION 8. No person being a member of congress, or holding any judicial or military office under the United States, shall hold a seat in the legislature. And if any

person shall, after his election as a member of the legisla ture, be elected to congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.

tion fixed.

house.

SECTION 9. The elections of senators and members of Time of elec assembly, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the legislature. SECTION 10. A majority of each house shall constitute Powers of each a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elec tions, returns and qualifications of its own members, shall choose its own officers; and the senate shall choose a temporary president, when the lieutenant-governor shall not attend as president, or shall act as governor.

kept.

SECTION 11. Each house shall keep a journal of its pro- Journals to be ceedings, and publish the same, except such parts as may require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days.

be questioned,

SECTION 12. For any speech or debate in either house No member to of the legislature, the members shall not be questioned in &c. any other place.

nate in either

SECTION 13. Any bill may originate in either house of Bills may origithe legislature, and all bills passed by one house may be house. amended by the other.

clause of bills.

SECTION 14. The enacting clause of all bills shall be, Enacting "The people of the State of New York, represented in senate and assembly, do enact as follows," and no law shall be enacted except by bill.

SECTION 15. No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the legislature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal..

Assent of a ma members re

jority of all the

quired, &c.

to private and

SECTION 16. No private or local bill which may be Restriction as passed by the legislature shall embrace more than one sub- local bills. ject, and that shall be expressed in the title.

tion conferred

supervisors.

SECTION 17. The legislature may confer upon the boards Local legisla of supervisors, of the several counties of the state, such on boards of further powers of local legislation and administration as they shall from time to time prescribe.

ARTICLE IV.

a

SECTION 1. The executive power shall be vested in governor, who shall hold his office for two years: a lieu

Executive pow.

er, how vested.

Requisite qualifications of governor.

Time and man

ner of electing

lieutenant-gov.

ernor.

tenant-governor shall be chosen at the same time, and for the same term.

SECTION 2. No person except a 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 have attained the age of thirty years, and who shall not have been five years next preceding his election a resident within

this state.

SECTION 3. The governor and lieutenant-governor shall governor and be elected at the times and places of choosing members of the assembly. The persons respectively having the highest number of votes for governor and lieutenant-governor 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, at its next annual session, shall, forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for governor or lieutenant-governor.

Duties and power of

governor,

SECTION 4. The governor shall be commander-in-chief of the military and naval forces 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 the 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 His compensa faithfully executed. He shall, at stated times, receive for his services a compensation to be established by law, which shall neither be increased nor diminished after his election and during his continuance in office.

tion.

Pardoning power vested in the gov. ernor

SECTION 5. The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulation as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, 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 commute the sentence, direct the execution of the sentence or grant a further reprieve. He shall annually communicate to the legisla ture each case of reprieve, commutation or pardon granted; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

governor to

lieutenant

SECTION 6. In case of the impeachment of the governor, Powers of or his removal from office, death, inability to discharge the devolve on powers and duties of the said office, resignation or absence governor. 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 disability shall cease. 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 continue commander-in-chief of all the military force of the state.

ifications of

governor.

of the Senate,

governor in

SECTION 7. The lieutenant-governor shall possess the Requisite qualsame qualifications of eligibility for office as the governor. HeutenantHe shall be president of the senate, but shall have only a To be president casting vote therein. If, during a vacancy of the office and to act as of governor, the lieutenant-governor shall be impeached, certain cases. displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the president of the senate shall act as governor until the vacancy be filled or the disability shall cease.

of lieutenant

certain cases.

SECTION 8. The lieutenant-governor shall, while acting Compensation as such, receive a compensation which shall be fixed by law, governor in and which shall not be increased or diminished during his continuance in office.

sented to the

signature.

returned by

him with objec

tions, how dis

posed of.

SECTION 9. Every bill, which shall have passed the senate Bills to be preand assembly, shall, before it becomes a law, be presented governor for 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 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 all the members present, it shall become a law, notwithstanding the objections of the governor. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have Bills to be rebeen presented to him, the same shall be a law, in like ten days. 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.

ARTICLE V.

SECTION 1. The secretary of state, comptroller, treasurer and attorney-general, shall be chosen at a general election,

turned within

1

State engineer/

and surveyor, how chosen

and terms of office.

Canal commissioners. how chosen and

terms of office.

Inspectors of state prisons, how elected and terms of office.

Commissioners of the land office.

Commissioners

of the canal fund.

Canal board.

and shall hold their offices for two years. Each of the officers in this article named (except the speaker of the assembly), shall at stated times, during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, to his use, any fees or perquisites of office, or other compensation.

SECTION 2. A state engineer and surveyor shall be chosen at a general election, and shall hold his office two years; but no person shall be elected to said office who is not a practical engineer.

SECTION 3. Three canal commissioners shall be chosen at the general election which shall be held next after the adoption of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The commissioners of the canal fund shall meet at the capitol on the first Monday of January next after such election, and determine by lot which of said commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter one canal commissioner, who shall hold his office for three years.

SECTION 4. Three inspectors of state prisons shall be elected at the general election which shall be held next after the adoption of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The governor, secretary of state, and comptroller shall meet at the capitol on the first Monday of January next succeeding such election, and determine by lot which of said inspectors shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter one inspector of state prisons, who shall hold his office for three years; said inspectors shall have the charge and superintendence of the state prisons, and shall appoint all the officers therein. All vacancies in the office of such inspector shall be filled by the governor, till the next election.

SECTION 5. The lieutenant-governor, speaker of the assembly, secretary of state, comptroller, treasurer, attorneygeneral, and state engineer and surveyor, shall be the commissioners of the land office.

The lieutenant-governor, secretary of state, comptroller, treasurer and attorney-general, shall be the commissioners of the canal fund.

The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor, and the canal commissioners.