The county of Dutchefs, feven. V. That as foon after the expiration of feven years fubfequent to the termination of the present war as may be, a cenfus of the electors and inhabitants in this State be taken, under the direction of the legislature. And if on fuch cenfus it shall appear that the number of reprefentatives in Affembly from the faid counties, is not justly proportioned to the number of electors in the faid counties refpectively, that the legislature do adjust and apportion the fame by that rule. And farther, that once in every seven years after the taking of the faid firft cenfus, a juft account of the electors refident in each county fhall be taken; and if it fhall thereupon appear that the number of electors in any county fhall have increased or diminished one or more feventieth parts of the whole number of electors which on the faid firft cenfus fhall be found in this State, the number of reprefentatives for such county fhall be increased or diminished accordingly, that is to say, one reprefentative for every feventieth part as aforefaid. VI. And whereas an opinion hath long prevailed among divers of the good people of this State, that voting at elections by ballot would tend more to preferve the liberty and equal freedom of the people than voting viva voce; to the end, therefore, that a fair experiment be made, which of those two methods of voting is to be preferred. Be it ordained, that as foon as may be after the termination of the present war between the United States of America and Great Britain, an act or afts be paffed by the legiflature of this ftate, for caufing all elections thereafter to be held in this State, for fenators and reprefentatives in Affembly, to be by ballot, and directing the manner in which the fame fhall be conducted. And whereas it is poflible, that after all the care of the legislature in framing the faid act or acts, certain inconveniencies and mifchiefs, unfore feen at this day, may be found to attend the faid mode of electing by ballot, It is further ord ined, that if after a full and fair experiment fhall be made of voting by ballot aforefaid, the fame fhall be found lefs conducive to the fafety or intereft of the State than the method of voting vid voce, it shall be lawful and conftitutional for the legiflture to abolish the fame: provided two-thirds of the members prefent in each house respectively fhall concur therein and farther, that during the continuance of the present war, and until the legislature of this State fhall provide for the election of fenators and reprefentatives in Affembly by ballot, the faid elections fhall be made viva voce. VII. That every male inhabitant of full age, who fhall have perfonally refided within one of the counties of this State, for fix months immediately preceding the day of election, shall, at fuch election, be entitled to vote for reprefentatives of the faid county in Aflembly, if, during the time aforefaid, he fhall have been a freeholder poffeiling a freehold of the value of twenty pounds, within the faid county, or have rented a tenement therein of the yearly value of forty fhillings, and been rated and actually paid taxes to this State: provided always, that every perfon who now is a freeman of the city of Albany, or who was made a freeman of the city of NewYork, on or before the fourteenth day of October, in the year of our Lord one thoufand feven hundred and feventy-five, and fhall be actually and ufually refident in the faid cities relpectively, fhall be entitled to vote for reprefentatives in Affembly within his faid place of refidence. VIII. That every elector, before he is admitted to vote, fhall, if required by the returning officer, or either of the inspectors, take an oath, or, if of the people called Quakers, an affirmation of allegiance to the State. IX. That the Affembly thus conftituted fhall choose their own fpeaker, be judges of their own members, and enjoy the fame privileges, and proceed in doing bufinefs in like manner as the Affemblies of the colony of New-York of right formerly did and that a majority of the faid members fhall, from time to time, conftitute a houle to proceed upon bufinefs. X. And this Convention doth farther, in the name and by the authority of the good people of this State, ordain, determine, and declare, that the fenate of the State of New-York fhall conft of twenty-four freeholders, to be chofen out of the body of the freeholders, and that they be chofen by the freeholders of this State poffeffed of freeholds of the value of one hundred pounds over and above all debts charged thereon. XI. That the members of the fenate be elected for four years, and immediately after the first election, they be divided by lot into four claffes, fix in each clafs, and numbered one, two, three and four; that the feats of the members of the first clafs fhall be vacated at the expiration of the first year, the fecond clafs the fecond year, and fo on continually; to the end that the fourth part of the fenate, as nearly as poffible, may be annually chofen. coun XII. That the election of fenators fhall be after this manner: that fo much of this State as is now parcelled into co ties, be divided into four great diftrifts; the fouthern district to comprehend the city and county of New-York, Suffolk, Weft-Chefter, King's, Queen's, and Richmond counties; the middle diftrict to comprehend the counties of Duchefs, Ulfter and Orange; the western diftrict, the city and county of Albany, and Tryon county; and the caftern diftri&t, the counties of Charlotte, Cumberland, and Gloucester. That the fenators fhall be elected by the freeholders of the faid districts, qualified as aforefaid, in the proportions following, to wit, in the fouthern diftri&t nine, in the middle diftrict fix, in the western diftrict fix, and in the eastern diftrict three. And be it ordained, that a cenfus fhall be taken as foon as may be after the expiration of seven years from the termination of the prefent war, under the direction of the legiflature and if on fuch cenfus it fhall appear, that the number of fenators is not juftly proportioned to the several districts, that the legislature adjust the proportion as near as may be to the number of freeholders, qualified as aforefaid in each diftrict. That when the number of electors within any of the faid diftricts fhall have increased one twenty-fourth part of the whole number of electors, which, by the faid cenfus, fhall be found to be in this State, an additional fenator fhall be chofen by the electors of such district. That a majority of the number of fenators to be chofen as aforefaid fhall be neceflary to constitute a senate fufficient to proceed upon business, and that the fenate fhall, in like manner with the Affembly, be the judges of its own members. And be it ordained, that it fhall be in the power of the future legislatures of this State, for the convenience and advantage of the good people thereof, to divide the fame into fuch farther and other counties and diftricts, as shall to them appear neceffary. XIII. And this convention doth farther, in the name and by the authotity of the good people of this State, ordain, determine, and declare, that no member of this State fhall be dif franchised, or deprived of any of the rights or privileges fe cured to the fubjects of this State by this conftitution, unless by law of the land, or the judgement of his peers. XIV. That neither the Affembly nor the fenate shall have power to adjurn themfelves for any longer time than two days, without the mutual confent of both. XV. That whenever the Allembly and fenate difagree, a conference fhall be held in the prefence of both, and be managed by committees to be by them refpectively chofen by ballot. That the doors both of the fenate and Affembly fhall at all times be kept open to all perfons, except when the welfare of the State fhall require their debates to be kept fecret. And the journals of all their proceedings fhall be kept in the manner heretofore accuftomed by the General Affembly of the colony of New-York, and except fuch parts as they fhall, as aforefaid, refpectively determine not to make public, be from day to day (if the bufinefs of the legislature will permit) publifhed. XVI. It is nevertheless provided, that the number of fenators fhall never exceed one hundred, nor the number of Af2 fembly three hundred; but that whenever the number of senators fhall amount to one hundred, or of the Affembly to three hundred, then, and, in fuch cafe, the legislature fhall from time to time thereafter, by laws for that purpose, apportion and diftribute the faid one hundred fenators, and three hundred reprefentatives, among the great diftricts and counties of this State, in proportion to the number of their respective electors; fo that the reprefentation of the good people of this State, both in the Senate and Affembly, fhall for ever remain proportionate and adequate. XVII. And this convention doth farther, in the name and by the authority of the good people of this State; ordain, determine and declare, that the fupreme executive power and authority of this State fhall be vested in a governor; and that ftatedly, once in every three years, and as often as the feat of government fhall become vacant, a wife and difcreet freeholder of this State fhall be by ballot elected governor by the freeholders of this State, qualified as before defcribed to elect fenators; which elections fhall be always held at the times and places of chufing reprefentatives in Allembly for each refpec tive county; and that the person who hath the greatest number of votes within the faid State fhall be governor thereof. XVIII. That the governor fhall continue in office three years, and fhall, by virtue of his office, be general and commander in chief of all the militia, and admiral of the navy of this State; that he fhall have power to convene the Assembly and fenate on extraordinary occafions, to prorogue them from time to time, provided fuch prorogations fhall not exceed fixty days in the space of any one year; and at his difcretion to grant reprieves and pardons to perfons convicted of crimes, other than treafon or murder, in which he may fufpend the execution of the fentence, until it fhall be reported to the legislature at their fubfequent meeting; and they fhall either pardon or direct the execution of the criminal, or grant a farther reprieve. XIX. That it fhall be the duty of the governor to inform the legislature, at every feffions, of the condition of the State, fo far as may refpect his department; to recommend fuch matters to their confideration as fhall appear to him to concern its good government, welfare and profperity; to correspond with the Continental Congrefs and other States, to tranfact all neceffary business with the officers of government, civil and military; and to take care that the laws are faithfully executed to the best of his ability; and to expedite all fuch measures as may be refolved upon by the legislature. XX. That a lieutenant-governor fhall, at every election of a governor, and as often as the lieutenant-governor fhall die, refign, or be removed from office, be elected in the fame manner with the governor, to continue in office until the next election of a governor; and fuch lieutenant-governor fhall, by virtue of his office, be prefident of the fenate, and, upon an equal divifion, have a cafting voice in their decisions, but not vote on any other occafion. And in cafe of the impeachment of the governor, or his removal from office, death, refignation, or absence from the State, the lieutenant-governor fhall exercife all the power and authority appertaining to the office of governor, until another be chofen, or the governor abfent or impeached, fhall return or be acquitted. Provided, that where the governor fhall, with the confent of the legislature, be out of the State, in time of war, at the head of a military force thereof, he fhall ftill continue in his command of all the military force of the State, both by fea and land, XXI. That whenever the government fhall be administered by the lieutenant-governor, or he fhall be unable to attend as |