to determine the law and the facts, under the direction of the court.

"The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable causé, supported by oath or affirmation.

"In all criminal prosecutions, the accused shall have a right to be heard, by himself and by counsel to demand the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favor; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by due course of law. And no person shall be holden to answer for any crime, the punishment of which may be death or imprisonment for life, unless on a presentment or an indictment of a grand jury; except in the land or naval forces, or in the militia, when in actual service, in time of war or public danger.

"No person shall be arrested, detained, or punished, except in cases clearly warranted by law.

"The property of no person shall be taken for public use, without just compensation therefor.

"All courts shall be open; and every person, for an injury done him, in his person, property, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.

"Excessive bail shall not be required, nor excessive fines imposed.

"All prisoners shall, before conviction, be bailable by sufficient sureties, except for capital offences, where the proof is evident, or the presumption great; and the

privileges of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it; nor in any case, but by the legislature.

"No person shall be attainted of treason or felony by the legislature.

"The citizens have a right, in a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance.

"Every citizen has a right to bear arms in defence of himself and the state.

"The military shall, in all cases, and at all times, be in strict subordination to the civil power.

"No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. "No hereditary emoluments, privileges, or honours shall ever be granted or conferred in this state.

"The right of trial by jury shall remain inviolate.” § 87. The Constitution of this state declares all the legislative power of that state to be vested in two distinct branches; the one is styled the Senate, and the other the House of Representatives, and both together are called "The General Assembly." The style of the laws is "Be it enacted by the senate and house of representatives in general assembly convened."

The Senate consists of twelve members, annually elected. The House of Representatives consists of electors residing in towns from which they are elected, and are proportionate to the inhabitants. The senate has power to elect their own officers, except the president. The house to elect all its officers, and a majority in each branch constitutes a quorum. Each house deter

mines the rule of its proceedings, punishes its members, and have all the powers necessary for a legislature.

The debates of each house are required to be public, except on such occasions as, in the opinion of the house, may require secresy; and each house must keep a journal of its proceedings, and publish the same in case one-fifth of its members shall require it, except such parts as a majority shall deem to require secresy.

Every bill which shall have passed both houses, must be presented to the governor, and if he approve it, he must sign it; and if not, return it to the house in which it originated, with his objections, within three days, Sundays excepted. When returned, his objections must be entered on the journal; and if the legislature, upon re-consideration, shall pass it, it becomes a law. If the legislature by its adjournment, prevent its return within the time prescribed, it does not become a law.

§ 88. The first Constitution of New York was adopted in the year 1777: it was afterwards amended in 1801. In the year 1821, a new constitution was adopted which was in force up to the year 1846, when the constitution was again re-modelled, and which is now in force.

This constitution contains a bill of rights; the first sixteen sections of which contain the following provisions :

"No member of this state shall be disfranchised, or deprived of any of the rights or privileges, secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.

"The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.

"The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and

no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this

state.

"The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

"Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

"No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of the militia, when in actual service; and 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 any trial in any court whatsoever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

"When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of

the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefitted.

"Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal 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.

"The assent of two-thirds of the members elected to each branch of the legislature, shall be requisite to every bill appropriating the public moneys or property for local or private purposes.

"No law shall be passed, abridging the right of the people peaceably to assemble, and to petition the government, or any department thereof; nor shall any divorce be granted, otherwise than by due judicial proceedings; nor shall any lottery hereafter be authorized, or any sale of lottery tickets allowed, within this state.

"The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state; and all lands, the title to which shall fail, from a defect of heirs, shall revert or escheat to the people.

"All feudal tenures of every description, with all their incidents, are declared to be abolished; saving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved.

"All lands within this state are declared to be allodial,