ARTICLE XII.

1. The electors shall meet in their respective states, Election of and vote by ballot for president and vice-president, 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 vicepresident, 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.

2. The person having the greatest number of votes Vice-presias vice-president shall be the vice-president, if such dent. 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.

3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vicepresident of the United States.

[In the edition of the Laws of the U. S., before referred to, there is an amendment printed as article 13, prohibiting citizens from accepting titles of nobility or honor, presents, offices, &c., from foreign nations. But, by a message of the president of the United States, of the 4th of February, 1818, in answer to a resolution of the house of representatives, it appears that this amendment had been ratified only by 12 states, and therefore had not been adopted. See vol. iv. of the printed papers of the 1st session of the 15th Congress, No. 76.]

THE

CONSTITUTION

OF THE

State of New-York,

ADOPTED NOVEMBER 3, 1846.

WE THE PEOPLE of the State of New-York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH this Constitution.

ARTICLE I.

Section 1. 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.

Section 2. The trial by jury, in all cases in which it Trial by jury. 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.

Section 3. The free exercise and enjoyment of reli- Religious gious profession and worship, without discrimination or liberty. 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.

Writ of ha

Section 4. The privilege of the writ of habeas corpus beas corpus. shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

Bail, fines.

Grand jury.

Private property.

Private roads,

Freedom of speech and

of the press

Section 5. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

Section 6. No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of 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 whatever, 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.

Section 7. 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 benefited.

Section 8. 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.

Section 9. The assent of two-thirds of the members Two-third elected to each branch of the Legislature, shall be re- bills. quisite to every bill appropriating the public moneys or property for local or private purposes.

Section 10. No law shall be passed abridging the Right of right of the people peaceably to assemble and to peti- petition tion the government or any department thereof, nor shall any divorce be granted, otherwise than by due Divorces. judicial proceedings, nor shall any lottery hereafter be Lotteries. authorized or any sale of lottery tickets allowed within this State.

Section 11. The people of this State, in their right of Right of sovereignty, are deemed to possess the original and ul- property in timate property in and to all lands within the jurisdiction of the State; and all lands the title to which shall

lands.

fail, from a defect of heirs, shall revert or escheat to Escheats. the people.

ed.

Section 12. All feudal tenures of every description, Feudal tenwith all their incidents, are declared to be abolished, ures abolishsaving, however, all rents and services certain which at any time heretofore have been lawfully created or reserved.

Section 13. All lands within this State are declared Allodial to be allodial, so that, subject only to the liability to tenure. escheat, the entire and absolute property is vested in the owners according to the nature of their respective

estates.

invalid.

Section 14. No lease or grant of agricultural land, Certain leases for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid.