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be eligible to or capable of holding, any civil or military office or place within this state.
XL. And whereas it is of the utmost importance to the safety of every state, that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society, to be prepared and willing to defend it; this convention, therefore, in the name, and by the authority of the good people of this state, DOTH ORDAIN, DETERMINE AND DECLARE, That the militia of this state, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this state (being of the people called Quakers) as, from scruples of conscience, may be averse to the bear. ing of arms, be therefrom excused by the legislature, and do pay to the state such sums of money, in lieu of their personal service, as the same may, in the judgment of the legislature, be worth : And that a proper magazine of warlike stores proportionate to Magazines. the number of inhabitants, be for ever hereafter, at the
expense of this state, and by acts of the legislature, established, maintained, and continued, in every county in this state.
XLI. And this convention doth further ORDAIN, DETERMINE AND DECLARE, in the name, and by the authority of the good people of this state, that trial
Trial by jury. by jury, in all cases, in which it hath heretofore been used in the colony of New York, shall be established, and remain in violate for ever: And that no acts of attainder shall be passed by the legislature of this state, for crimes other than those committed before the termination of the present war ; and that such acts shall not work a corruption of blood. And further, that the legislature of this state shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law.
XLII. And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE AND DECLARE, That it shall be in the discretion of the legislature to naturalize all such persons, and in such manner, as they shall think proper ; provided all such of the persons so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this state, shall take an oath of allegi. ance to this state, and abjure and renounce all alle. giance and subjection to all and every foreign king, prince, potentate, and state, in all matters, ecclesi. astical as well as civil.
By order :
IN CONVENTION OF THE DELEGATES OF THE STATE OF NEW YORK.
Albany, October 27, 1801.
WHEREAS the legislature of this state, by their Preamble. act passed the sixth day of April last, did propose to the citizens of this state to elect by ballot delegates to meet in convention, " for the purpose of considering the parts of the constitution of this state, respecting the number of senators and members of assembly in this state, and with power to reduce and limit the number of them as the said convention might deem proper; and also for the purpose of considering and determining the true construction of the twenty-third article of the constitution of this state relative to the right of nomination to office."
And whereas the people of this state ha ve elected the members of this convention for the
above expressed ; and this convention having maturely considered the subject thus submitted to their determination, do, in the name and by the authority of the people of this state, ORDAIN, DETERMINE, AND
I. That the number of the members of the assem. Members of As
sembly to be 100 bly hereafter to be elected, shall be one hundred, and never to ex. and shall never exceed one hundred and fifty. II. That the legislature, at their next session, shall To be apportionby the census directed to be taken in the present
ed by the Legisapportion the said one hundred members of the lature. assembly among the several counties of this state, as nearly as may be, according to the number of electors which shall be found to be in each county
year. Number of Sena- III. That from the first Monday in July next, the tors reduced to 32, and the man- number of the senators shall be permanently thirtyner of reducing.
two, and that the present number of senators shall be reduced to thirty-two in the following manner, that is to say :—The seats of the eleven senators composing the first class, whose time of service will expire on the first Monday in July next, shall not be filled up: and out of the second class the seats of one senator from the middle district, and of one senator from the southern district, shall be vacated by the senators of those districts belonging to that class, casting lots among themselves; out of the third class the seats of two senators from the middle district, and of one senator from the eastern district, shall be vacated in the same manner; out of the fourth class the seats of one senator from the middle district, of one senator from the eastern district, and of one senator from the western district, shall be vacated in the same manner; and if any of the said
; classes shall neglect to cast lots, the senate shall in such case proceed to cast lots for such class or classes so neglecting. And that eight senators shall be chosen at the next election in such districts as the legislature shall direct, for the purpose of apportioning the whole number of senators amongst the four great districts of this state, as nearly as may be, according to the number of electors qualified to vote for senators, which shall be found to be in each of the said districts by the census above mentioned ; which eight senators so to be chosen shall form the first class.
IV. That from the first Monday in July next, ing the Assembly
it arrive to and on the return of every census thereafter, the 150, and the Legislature to number of the assembly shall be increased at the portion Senators and Assembly
Mode of increas
rate of two members for every year, until the whole number shall amount to one hundred and fifty ; and
upon the return of every such census, the legislature shall apportion the senators and members of the assembly amongst the great districts and counties of this state, as nearly as may be, according to the number of their respective electors: Provided, That the legislature shall not be prohibited by anything herein contained, from allowing one member of assembly to each county, heretofore erected within this state.
V. And this convention do further, in the name of 23d article of and by the authority of the people of this state, OR- clared as to the DAIN, DETERMINE AND DECLARE, That by the true council of ap
pointment. construction of the twenty-third article of the constitution of this state, the right to nominate all officers other than those who by, the constitution are directed to be otherwise appointed, is vested concurrently in the person administering the government of this state for the time being, and in each of the members of the council of appointment. By order, A.BURR, President of the Convention,
and Delegate from Orange County. Attest,
JAMES VAN INGEN,