« PreviousContinue »
Constitution of the United States. . . . P. 41
/ ARTICLE XI. (.. * *- * /.../ J. : The judicial power of the United States shall'nétop construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of
any foreign state. ARTICLE XII.
The electors shall meet in their respective states, and vote by ballot, for President and Vice-President, one of whom at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate: the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed: and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.
STATE OF NEW-YOIRIR-
In Convention of Delegates assembled at the Capitol, in the city of Albany, for revising and amending the Constitution of the State of New-York:—and afterwards adopted by the people of this State, agreeably to the provisions of the act calling the Convention.
We, the People of the State of New-York, acknowledging with gratitude the grace and beneficence of God, in permitting us to make choice of our form of government, do establish the following Constitution:
SECTION 1. The legislative power of this state shall be vested in a senate and assembly. Sec. 2. The senate shall consist of thirty-two members. The senators shall be chosen for four years, and shall be freeholders. The assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. SEc. 3. 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 qualifications of its own members. Each house 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. SEc. 4. Each house shall keep a journal of its proceedings, 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.
Sec. 5. The state shall be divided into eight districts, to be called senate districts, each of which shall choose four senators. The first district shall consist of the counties of Suffolk, Queens, Kings, Richmond, and New-York. The second district shall consist of the counties of Westchester, Putnam, Dutchess, Rockland, Orange, Ulster and Sullivan. The third district shall consist of the counties of Greene, Columbia, Albany, Rensselaer, Schoharie, and Schenectady. The fourth district shall consist of the counties of Saratoga, Montgomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin, and St. Lawrence. The fifth district shall consist of the counties of Herkimer, Oneida, Madison, Oswego, Lewis, and Jefferson. The sixth district shall consist of the counties of Delaware, Otsego, Chenango, Broome, Cortland, Tompkins, and Tioga. The seventh district shall consist of the counties of Onondaga, Cayuga, Seneca, and Ontario. The eighth district shall consist of the counties of Steuben, Livingston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus, and Chautauque. And as soon as the semate shall meet, after the first election to be held in pursuance of this constitution, they shall cause the senators to be divided by lot into four classes, of eight in each, so that every district shall have one senator of each class; the classes to be numbered one, two, three, and four. And the seats of the first class, shall be vacated at the end of the first year; of the second class, at the end of the second year; of the third class, at the end of the third year; of the fourth class, at the end of the fourth year, in order that one senator be annually elected in each senate district. SEc. 6. An enumeration of the inhabitants of the state shall be taken, under the direction of the legislature, in the year one thousand eight hundred and twenty-five, and at the end of every ten years thereafter ; and the said districts shall be so altered by the legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may
be, an equal number of inhabitants, excluding aliens, paupers, and persons of colour 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. Sec. 7. The members of the assembly shall be chosen by counties, and shall be apportioned among the several counties of the state, as nearly as may be, according to the numbers of their respective inhabitants, excluding aliens, paupers, and persons of colour not taxed. An apportionment of members of assembly shall be made by the legislature, at its first session after the return of every enumeration; and when made, shall remain unaltered until another enumeration shall have been taken. But an apportionment of members of the assembly shall be made by the present legislature, according to the last enumeration taken under the authority of the United States, as nearly as may be. Every county heretofore established, and separately organized, shall always be entitled to one member of the assembly, and no new county shall hereafter be erected, unless its population shall entitle it to a member. SEc. 8. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended by the other. Sec. 9. The members of the legislature shall receive for their services, a compensation to be ascertained by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the year in which it shall have been made. And no law shall be passed increasing the compensation of the members of the legislature beyond the sum of three dollars a day. Sec. 10. No member of the legislature shall receive any civil appointment from the governor and senate, or from the legislature, during the term for which he shall have been elected. SEc. 11. No person, being a member of congress, or holding any judicial or military office under the United States, shall hold a seat in the legislature. And if any person shall, while a member of the legislature, be elected to congress, or appointed to any office, civil or mili