Duration of offi. ces. Town officers. Attorneys, solicit And all attorneys, solicitors, and counsellors at ors, and counsellors, by whom law, hereafter to be appointed, be appointed by the appointed. court, and licensed by the first judge of the court in which they shall respectively plead or practise ; and be regulated by the rules and orders of the said courts. XXVIII. And be it further ordained, That where, by this constitution, the duration of any office shall not be ascertained, such office shall be construed to be held during the pleasure of the council of appointment: Provided, that new commissions shall be issued to judges of the county courts (other than to the first judge), and to justices of the peace, once at least in every years. the present or future acts of the legislature. Loan officers, That loan officers, county treasurers, and clerks ers and supervi- of the supervisors, continue to be appointed in the manner directed by the present or future acts of the Legislature. Delegates to con- XXX. That delegates to represent this state in the general congress of the United States of AmeVide the manner rica be annually appointed, as follows, to wit: The of electing niembers of congress senate and assembly shall each openly nominate directed by the as many persons as shall be equal to the whole number of delegates to be appointed; after which nomination they shall meet together, and those persons named in both lists, shall be delegates; and out of those persons whose names are not on both lists one half shall be chosen by the joint ballot of the senators and members of assembly, so met together as aforesaid. Style of laws and XXXI. That the style of all laws shall be as form of process. follows, to wit: “ Be it enacted by the people of the State of New York, represented in Senate and As county treasur sor's clerks. gress. constitution of the United States. al of impeach of sembly, and that all writs and other proceedings shall run in the name of the people of the State of New York, and be tested in the name of the chancellor, or chief judge of the court from whence they shall issue. XXXII. And this convention doth further, in the Court for the triname and by the authority of the good people of ments , and the this state, ORDAIN, DETERMINE, AND DECLARE, that a rors. court shall be instituted for the trial of impeachments and the correction of errors, under the regulations which shall be established by the legislature, and to consist of the President of the senate for the time being, and the senators, chancellor, and judges of the supreme court, or the major part of them; except that when an impeachment shall be prosecuted against the chancellor, or either of the judges of the supreme court, the person so impeached shall be suspended from exercising his office, until his acquittal: and, in like manner, when an appeal, from a decree in equity, shall be heard, the chancellor shall inform the court of the reasons of his decree, but shall not have a voice in the final sentence. And if the cause to be determined shall be brought up by writ of error, on a question of law, on a judgment in the supreme court, the judges of the court shall assign the reasons of such their judgment, but shall not have a voice for its affirmance or reversal. XXXIII. That the power of impeaching all offi. Power of imcers of the state, for mal and corrupt conduct in peachment, and their respective offices, be vested in the representa- ceeding. tives of the people in assembly ; but that it shall always be necessary that two-third parts of the members present shall consent to and agree in such impeachment. That, previous to the trial of every impeachment, the members of the said court shall respectively be sworn, truly and impartially to try and determine the charge in question, according to Party accused to be allowed counsel. Law of the state. evidence; and that no judgment of the said court shall be valid unless it shall be assented to by twothird parts of the members then present; nor shall it extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this state. But the party so convicted shall be, nevertheless, liable and subject to indictment, trial, judgment, and punishment, according to the laws of the land. XXXIV. And it is further ordained, That in every trial on impeachment, or indictment for crimes or misdemeanors, the party impeached or indicted shall be allowed counsel, as in civil actions. XXXV. And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this state, subject to such alterations and provisions as the legislature of this state shall, from time to time, make concerning the same. That such of the said acts as are temporary, shall expire at the times limited for their duration respectively. That all such parts of the said common law, and all such of the said statutes and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of Christians or their ministers, or con. cern the allegiance heretofore yielded to, and the supremacy, sovereignty, government, or prerogatives, claimed or exercised by the king of Great Britain and his predecessors, over the colony of New York and its inhabitants, or are repugnant to this constitution, be, and they hereby are, abrogated and rejected. And this convention doth further ordain, that the resolves or resolutions of the congress of the colony of New York, and of the convention of the state of New York, now in force, and not repugnant to the government established by this constitution, shall be considered as making part of the laws of this state ; subject, nevertheless, to such alterations and provisions as the legislature of this state may, from time to time, make concerning the same. King after a void. and XXXVI. And be it further ordained, That all Grants by the grants of land within this state, made by the king certain period of Great Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void ; but that nothing in this constitution contained, shall be construed to affect any grants of land, within this state, made by the authority of the said king or his predecessors, or to annul any char. ters to bodies politic, by him or them, or any of them, made prior to that day. And that none of the said charters shall be adjudged to be void, by Charter rights reason of any nonuser or misuser of any of their grants preserved. respective rights or privileges, between the nineteenth day of April, in the year of our Lord one thousand seven hundred and seventy-five, and the publication of this constitution. And further, that all such of the officers, described in the said charters respectively, as, by the terms of the said charters, were to be appointed by the governor of the colony of New York, with or without the advice and consent of the council of the said king, in the said colony, shall henceforth be appointed by the council established by this constitution for the appointment of officers in this state, until otherwise directed by the legislature. XXXVII. And whereas it is of great importance to the safety of this state that peace and amity with Purchases of lands from the Indians. the Indians within the same, be at all times supported and maintained : AND WHEREAS the frauds, too often practised towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discontents and animosities : BE IT ORDAINED, that no purchases or contracts for the sale of lands made since the 14th day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said Indians, within the limits of this state, shall be binding on the said Indians, or deemed valid, unless made under the authority and with the consent of the legislature of this state. XXXVIII. And whereas we are required, by the benevolent principles of rational liberty, not only to expel civil tyranny, but also to guard against that spiritual oppression and intolerance where with the bigotry and ambition of weak and wicked priests and princes have scourged mankind : this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE, and DECLARE, that the free exercise and enjoyment of religious profession and worship, without discri. mination or preference, shall for ever hereafter be allowed within this state to all mankind : Provided, that the liberty of conscience hereby granted shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. XXXIX. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought not to be di. verted from the great duties of their function; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any pretence or description whatever, Free exercise of religion. No minister or priest to hold any office. |