The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-11
THE NEW CONSTITUTION
STATE OF NEW YORK.

STATE OF NEW YORK.
We III. People Of the State Of Ns~ York. grateful 70 a.
misAiy God for our Freedom, in order 10 ito
Meanings do esfabiish this Consfifufion =
Article I.-Bin of Rights.
SycrroN l. No member Of this State shall be dsran-
chised deprived Of any Of the rights or privileges
cured TO any citizen thereof unless by tho law Of the
land. the Judgment Of his peers
S2 The trial by jury in all cases in which has been
heretofore used, shall remain involae forever But
jury trial may be waived by the parties in all civil
in the manner TO be prescribed by law.
Ss The tree exercise and enjoy OF religious pro.
fession and worship, without discrimination or
ence shall forever be allowed in this State to all man.
kind and person shall be rendered incom potent to
igious belief; but the liberty Of conscience hereby Sc
cured shall not be 50 construed to acts of IL
esntiousnsss or Justify practices inconsistent with the
The privilege Of the writ habeas corpus shall not
be suspended unless whsn cases Of rebellion or inva
ne he 10 M
otherwise infamous crime Except cases of peach.
ment and in cases of the militia when in actual
and the land and naval forces in time Of war or which
this State may keep with econsent of Congress in time
Of peace and in of petit larceny under the regu
the sar accused .hs BE- allowed ssy &C.
pear AMI defend in and with counsel in civil
jeopardy for the same offence nor shall he be compelled
any criminal TO be witness against him self nor
be deprived Of le liberty or property, without due pro-
So Private property shall not be taken for public use
without just compensation when private property shall
II 20 be e S
jury or by not less than three appointed
Pvas roads nav be- opened in the %snDsr to be-
scrbed 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 decided by jury Of
frseholders, and such amount, together with the ex
Penses Of the proceeding shall be paid blythe person to
81. Every citizen may freely speak, write and. pub.
sh his sentiments on all subjects being responsible for
the abuse q . and :: law . to
az siAinal prosecutions or Indictments for hbels the
truth may be given in evidence to the jury and II il
81 is true, and was published with good motives and
al usable ends, the party shall be acquitted and the
shall have the right to determine the law and the
The assent oftwehirds Of the members elected to
ex branch of the Legislature shall be requisite TO
Mff III appppriatng the public moneys property
i law shall be passed, abridsns the RICH. of the
- ceably to assemble, and to petition tho govern
~ vi department thereof; nor shall any divorce
s Otherwise than BY due j1dicai
* - nets allowed within this State ~.
bail shall not be required, nor excessive
pr shall cruel and unusual punishments
~ lall witnesses be unreasonably detained
WEIN of this State, in their right of
49, W 81 49, to possess the original and ultimate
-tf~A4I~ ~ III lands within the Jurisdiction of the
49,, hfst A. la title to which shall fail, from q
FAIt n Az ss% - - er'gr escheat to the people
Al ~ "a tss 81 every description, with all
Hk<Hclafad to be abolished; saving.
unH "a 4 ~ 4 y. lnwfuify crested OF reserved.
y *&<g &E Oils State declared to be al
LOT zH ~: Ky TO the liability TO escheat the
e,",sSt ~ EH Aperty is vested in the owners &C
go -. - OF their respective estates.
~ tS&1 rant Of agricultural land for longe
y s9r G<x< years, hereafter made, in which shall
~ T</EBs tnt or service Of any kind, shall be
~ ~ quarter Sales or other like restraints
x s. - reserved, in any grant Of land hereafter
Il E .rchsse contract for the sale Of lands in
- since the fourteenth day OF October, one
K 900 nads, of, or with the Indians, shall be valid
- e4def the authority end with the consent OF
aoa peris Of the common law, and of the acts
Legslature Of the colony Of New York, as toge
ID 6rm the law Of the said colony, on the nine.
- ~ Of April one thousand seven hundred and
y-hye, and the resolutions of the Congress of said
4g. and ofthe Convention Of the State ofNsw York,
la iorce on the twentieth day Of April thousand
hundred and seventy which have not since ex
pred or been repealed altered and such acts Of the
Legislature Of this State as are now in force shaI be
and continue the law of this State, subject to
such alterations the Legislature shall make concern
ing the same But all such parts of the law,
nant to this Constitution, are hereby abrogated
Ss The Legislature, at its first session after the ado
ers whose duty shall be to reduce into written and
systematic code the whole body Of the law of this State
so much and such parts thereof to the said
soners shall seem practicable and exped,ent And the
said commissioners shall specify such alterations and
amendments therein they shall deem proper and they
Legislature, when called upon SOL and the lie
ture shall pass laws regulating the of Office the
said Commissioners and shall also provide for the pubi
cation Of the said code prior to being presented to
the Legislature for adoption.
King OF Great Britain. or persons acting under his
they after the fourteenth day of October one thou
void but nothing contained in hs Constitution shall u.
feet any grants Of land within this State made by the
authority Of the said king or his shall
him them made, before that day; or shall affect any
such grant: or charters since made by this State by
legation of any debts contracted by the State or ndi.
vdna. or bodies coporse or any other rights Of pre-
Protesting. IN court. q ju:sc. ''n'n or 'h''
Article 1.-the Elective Franchiss.
II. Every male citizen Of the age Of II years, who
shall have been citizen for ten days, and nhsbtan
OF the state one year next preceding election, and
for the last four months resident of the county where
he may offer his vote shall be entitled such
time be resident and not elsewhere for all officers that
or hereafter may be elective by the people but
ding the election resident Of the district from which
the officer 10 to be chosen for whom he offers his vote
But no man OF color unless he shall have been for three
years resident Of this State and for pre-
cedng any election, shall be seized and possessed Of
freehold estate Of the value of two hundred and fifty
charged thereon and shall have been actually rated and
paid tax thereon shall be entitled vote at such cleo
on ana no OF color shall be subject to direct
tsxston unless he shall be seized Of such
real estate aforesaid
~ Laws may be passed excluding from the right of
suffrage all persons who have been OF who NAV be con
vcted Of bribery larceney, Of any Infamous crime
And Tor deprviDg every person who shall make or be-
directly indirectly interested in any bet or wa
ger depending upon the result Of any election from the
right to vote at such election
.. For the purpose Of voting, person shall be
deemed TO have gained lost residence by reason of
his presence absence while employed in the service
Of the United States while engaged in the navigation
of the waters Of this State Of the United States
the high nor while student Of any seminary Of
learning while kept at any aims house. other
asylum, at public expense while confined in any
public prison.
a Laws shall be made for ascertainpg by proper
proofs the citzensl who shall be entitled to the right Of
suffrage hereby established.
TO- All elections by the citizens shall be by ballot ex
be otherwise chosen.
Article IlI.-Legislative.
The Legislative power Of this State shall be
vested IN Senate and Assembly.
Inc senate ahall consist Of thrty.two members.