eligible to, or capable of holding, any civil or military office or place within this state.

be armed

plined.

SEC. V. The militia of this state, shall, at all times here- Militia to after be armed and disciplined, and in readiness for service; and disci but all such inhabitants of this state, of any religious denomination whatever, as from scruples of conscience, may be averse to bearing arms, shall be excused therefrom, by paying to the state an equivalent in money; and the legislature shall provide by law, for the collection of such equivalent, to be estimated according to the expense, in time, and money, of an ordinary, able-bodied militia-man.

habeas

SEC. VI. The privilege of the writ of habeas corpus, shall Writ of not be suspended, unless when in cases of rebellion, or inva- corpus. sion, the public safety may require its suspension.

SEC. VII. No person shall be held to answer for a capital Proceedings in or otherwise infamous crime, (except in cases of impeach- criminal ment; and in cases of the militia, when in actual service, and cases. the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace; and in cases of petit larceny, under the regulation of the legislature;) unless on presentment, or indictment of a grand jury; and in every trial on impeachment or indictment, the party accused shall be allowed counsel as in civil actions. No person shall be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived Property of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

secured.

speech and

SEC. VIII. Every citizen may freely speak, write, and pub- Freedom of lish his sentiments, on all subjects, being responsible for the of the press abuse of that right; and no law shall be passed, to restrain, secured. or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libels, the truth may be given in evidence, to the jury; and if it shall appear to the jury, that the matter charged as libellous, is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

bills.

SEC. IX. The assent of two-thirds of the members elected Two-third to each branch of the legislature, shall be requisite to every bill appropriating the public monies or property, for local or private purposes, or creating, continuing, altering, or renewing, any body politic or corporate.

school

SEC. X. The proceeds of all lands belonging to this state, Common except such parts thereof as may be reserved or appropriated fund. to public use, or ceded to the United States, which shall hereafter be sold or disposed of, together with the fund denominated the common school fund, shall be and remain a perpetual fund; the interest of which shall be inviolably appropriated and applied to the support of common schools throughout this

Rates of toll.

state. Rates of toll, not less than those agreed to by the canal commissioners, and set forth in their report to the legislature of the twelfth of March, one thousand eight hundred and twenty-one, shall be imposed on, and collected from all parts of the navigable communications between the great western and northern lakes, and the Atlantic ocean, which now are, or hereafter shall be made and completed: and the said tolls, together with the duties on the manufacture of all salt, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen; and the duties on goods sold at auction, excepting therefrom, the sum of thirtythree thousand five hundred dollars, otherwise appropriated by the said act; and the amount of the revenue, established by the act of the legislature of the thirtieth of March, one thousand eight hundred and twenty, in lieu of the tax upon steam-boat passengers; shall be and remain inviolably appropriated and applied to the completion of such navigable communications, and to the payment of the interest, and reimbursement of the capital, of the money already borrowed, or which hereafter shall be borrowed, to make and complete the same. And neither the rates of toll on the said navigable communications, nor the duties on the manufacture of salt aforesaid, nor the duties on goods sold at auction, as established by the act of the fifteenth of April, one thousand eight hundred and seventeen, nor the amount of the revenue, established by the act of March the thirtieth, one thousand eight hundred and twenty, in lieu of the tax upon steam-boat passengers, shall be reduced or diverted, at any time before the full and complete payment of the principal and interest of the money borrowed, or to be borrowed as aforesaid. And Salt springs the legislature shall never sell, or dispose of the salt springs belonging to this state, nor the lands contiguous thereto, which may be necessary, or convenient, for their use, nor the said navigable communications, or any part or section thereof; but the same shall be and remain the property of this state.

Rates of

toll, &c. not to be reduced till

canal debt is paid.

never to be

sold.

Lotteries prohibited.

Purchases

of lands

from Indians.

Parts of the common

law and acts

of the colonial

SEC. XI. No lottery shall hereafter be authorised in this state; and the legislature shall pass laws to prevent the sale of all lottery tickets within this state, except in lotteries already provided for by law.

SEC. XII. No purchase or contract for the sale of lands in this state, made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which may hereafter be made, of, or with the Indians in this state, shall be valid, unless made under the authority, and with the consent of the legislature.

SEC. XIII. Such parts of the common law, 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 nineteenth day of legislature, April, one thousand seven hundred and seventy-five, and the clared law. resolutions of the congress of the said colony, and of the con

vention of the state of New York, in force on the twentieth

day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed, or altered; and such acts of the legislature of this state, as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the • same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated.

grants of

by the king

Britain

Certain

SEC. XIV. All grants of land within this state, made by Certain the king of Great Britain, or persons acting under his autho- fands made rity, after the fourteenth day of October, one thousand seven of Great hundred and seventy-five, shall be null and void: but nothing declared contained in this constitution, shall affect any grants of land void. within this state, made by the authority of the said king or rights not his predecessors, or shall annul any charters to bodies politic affected. and corporate, by him or them made, before that day: or shall affect any such grants or charters since made by this state, or by persons acting under its authority; or shall impair the obligation of any debts contracted by the state, or individuals, or bodies corporate, or any other rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.

ARTICLE EIGHTH.

for future ments to

stitution.

SEC. I. Any amendment, or amendments to this constitu- Provision. tion, may be proposed in the senate or assembly, and if the amend same shall be agreed to by a majority of the members elected this conto 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 then next to be chosen; and shall be published, for three months previous to the time of making such choice; and, if in the legislature next chosen as aforesaid, such proposed amendment, or amendments, shall be agreed to, by two-thirds 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.

ARTICLE NINTH.

stitution

SEC. I. This constitution shall be in force, from the last When conday of December, in the year one thousand eight hundred takes effect. and twenty-two. But all those parts of the same, which relate to the right of suffrage; the division of the state, into senate-districts; the number of members of the assembly to be elected, in pursuance of this constitution; the apportionment of members of assembly; the elections hereby directed

When present commis

sions ex

pire.

Election laws.

to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; the continuance of the members of the present legislature in office, until the first day of January, in the year one thousand eight hundred and twenty-three; and the prohibition against authorising lotteries; the prohibition against appropriating the public monies, or property, for local or private purposes, or creating, continuing, altering, or renewing any body politic or corporate, without the assent of two-thirds of the members elected to each branch of the legislature, shall be in force, and take effect, from the last day of February next. The members of the present legislature, shall, on the first Monday of March next, take and subscribe an oath or affirmation, to support this constitution, so far as the same shall then be in force. Sheriffs, clerks of counties, and coroners, shall be elected at the election hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; but they shall not enter on the duties of their offices, before the first day of January then next following. The commissions of all persons holding civil offices on the last day of December, one thousand eight hundred and twenty-two, shall expire on that day; but the officers then in commission, may respectively continue to hold their said offices until new appointments, or elections, shall take place under this constitution.

SEC. II. The existing laws relative to the manner of notifying, holding, and conducting elections, making returns, and canvassing votes, shall be in force, and observed in respect to the elections hereby directed to commence on the first Monday of November, in the year one thousand eight hundred and twenty-two; so far as the same are applicable. And the present legislature shall pass such other and further laws, as may be requisite for the execution of the provisions of this constitution, in respect to elections.

Done in convention, at the Capitol in the city of Albany,
the tenth day of November, in the year one thousand
eight hundred and twenty-one, and of the independence
of the United States of America, the forty-sixth. In
witness whereof, we have hereunto subscribed our names.
DANIEL D. TOMPKINS,
President and Delegate from the County of Richmond.

[The following delegates composed the convention which framed the foregoing constitution..