District number thirty-two (32) shall consist of the coun- No. 32. taken in Section 4. An enumeration of the inhabitants of the State Census to be shall be taken, under the direction of the Legislature, in the 1855, and year one thousand eight hundred and fifty-five, and at the end years. of every ten years thereafter; and the said districts shall be so altered by the Legislature, at the first session after the re- turn of every enumeration, that each Senate district shall Senate dis- contain, as nearly as may be, an equal number of inhabitants, altered. excluding aliens, and persons of color not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a Senate District, except such county shall be equitably entitled to two or more tioned and Section 5. The members of Assembly shall be apportioned Members of among the several counties of this State, by the Legislature, how appor- supervisors counties to assembly of assembly The several boards of supervisors in such counties of this Boards of be filed. assembly to re-appor- The Legislature, at its first session after the return of every Legislature enumeration, shall re-apportion the members of Assembly tion mem- among the several counties of this State, in manner afore-sembly. said, and the boards of supervisors in such counties as may be entitled, under such re-apportionment, to more than one member, shall assemble at such time as the Legislature ma- king such re-apportionment shall prescribe, and divide such counties into Assembly districts, in the manner herein. direct- ed; and the apportionment and districts so to be made, shall Each county entitled to ber. Every county heretofore established and separately organone mem- ized, 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. Hamilton county. Pay of members. 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 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 Additional meeting on the most usual route. The speaker of the Astion to sembly shall, in virtue of his office, receive an additional compensation equal to one-third of his per diem allowance as a member. compensa speaker. to receive an No member Section 7. No member of the Legislature shall receive appointment. 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 disqualified members. Section 8. No person being a member of Congress, or from being 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 Legislature, 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. Time of election fixed. Powers of each house. Section 9. The elections of Senators and members of 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 a quorum to do business. Each house shall determine the rules of its own proceedings, and be the judge of the elections, 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. Journals to Section 11. Each house shall keep a journal of its pro- beept 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. to be ques Section 12. For any speech or debate in either house of No member the Legislature, the members shall not be questioned in any tioned, &c. other place. originate in Section 13. Any bill may originate in either house of the Bills may Legislature, and all bills passed by one house may be amend- either house. ed by the other. clause of Section 14. The enacting clause of all bills shall be "The Enacting people of the State of New-York, represented in Senate and bills. Assembly, do enact as follows," and no law shall be enacted except by bill. majority of Section 15. No bill shall be passed unless by the assent Assent of a of a majority of all the members elected to each branch of all the the Legislature, and the question upon the final passage shall member be taken immediately upon its last reading, and the yeas and nays entered on the journal. required, &c. as to private Section 16. No private or local bill, which may be passed Restriction by the Legislature, shall embrace more than one subject, and and local that shall be expressed in the title. bills. lation con Section 17. The Legislature may confer upon the boards Local legisof supervisors of the several counties of the State, such ferred on further powers of local legislation and administration, as pervisors. they shall from time to time prescribe. ARTICLE IV. boards of su power, how Section 1. The executive power shall be vested in a Go- Executive vernor, who shall hold his office for two years: a Lieute- vested. nant Governor shall be chosen at the same time, and for the same term. qualifica vernor. Section 2. No person except a citizen of the United States, Requisite shall be eligible to the office of Governor; nor shall any tons of goperson be eligible to that offices, 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. manner of vernor lieutenant Section 3. The Governor and Lieutenant Governor shall Time and be elected at the times and places of choosing members of electing gothe Assembly. The persons respectively having the highest entend number of votes for Governor and Lieutenant Governor, 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 Duties and power of governor. 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. 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, His compen- and shall take care that the laws are 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. sation. Pardoning power vest vernor. Section 5. The Governor shall have the power to grant ed in the go- reprieves, commutations and pardons after conviction, for all offences 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 Legislature 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. Powers of governor to devolve on lieutenant governor. Requisite qualifications of lieutenant governor. Section 6. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation or absence 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. Section 7. The Lieutenant Governor shall possess the same qualifications of eligibility for office as the Governor. He shall be President of the Senate, but shall have only a To be presi- casting vote therein. If during a vacancy of the office of dent of the Governor, the Lieutenant Governor shall be impeached, disto act as go- placed, resign, die, or become incapable of performing the senate certain duties of his office, or be absent from the State, the Presi- vernor in dent of the Senate shall act as Governor, until the vacancy cases. be filled, or the disability shall cease. tion of lieu Section 8. The Lieutenant Governor shall, while acting Compensa as such, receive a compensation which shall be fixed by tenant golaw, and which shall not be increased or diminished during certain cahis continuance in office. vernor in ses. presented to for signa objections, ed of. Section 9. Every bill which shall have passed the Senate Bills to be and Assembly, shall, before it becomes a law, be presented the governor to the Governor; if he approve, he shall sign it; but if not, ture. 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 after If returned such reconsideration, two-thirds of the members present shall by him with agree to pass the bill, it shall be sent, together with the ob- how disposjections 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 Govenor. 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 Bills to be any bill shall not be returned by the Governor within ten within ten days (Sundays excepted) after it shall have been presented days. to him, the same shall be a law, in like 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. returned cers how office. Section 1. The Secretary of State, Comptroller, Treasurer State offand Attorney-General shall be chosen at a general election, elected and and shall hold their offices for two years. Each of the offi- terms of cers 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. neer and and term of office. Section 2. A State Engineer and Surveyor shall be cho-State engi sen at a general election, and shall hold his office two years, surveyor. but no person shall be elected to said office who is not a how chosen practical engineer. Section 3. Three Canal Commissioners shall be chosen at Canal com. the general election which shall be held next after the adop- and terms o tion of this Constitution, one of whom shall hold his office office. for one year, one for two years, and one for three years. The Commissioners of the Canal Fund shall meet at the how chosen |