Abbildungen der Seite
PDF
EPUB

Qualifications of 5. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of the President, this Constitution, shall be eligible to the office of President, neither shall any person be eligible to that ottice who

shall not have attained to the age of thirty-five years and been fourteen years a resident within the United States. Provision in 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the

case of his dis- powers and duties of the sale office, the same shall devolve on the Vice-President, and the Congress may by law ability. provide for the care of removal, death, resignation, or inability, both of the President and Vice-President, declaring

what officer shall then act as President, and such oficer shall act accordingly until the disability be removed or å

President shall be elected. Salary of the 7. The President shall, at stated times, receive for his services a compensation which shall neither be increased President, por dininished during the period for which he shall have been elected, and be shall not receive within that period

any other emolument from the United States, or any of them. Out of the 8. Before he enter on the execution of his office he shall take the following oath or affirmation : President, "I do solemnly swear (or affism) that I will faithfully execute the otfice of President of the United States,

and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Duties of the SECTION II. 1. The President shall be Commander-in-Chief of the Army and Navy of the United Btates, and President. of the railitia of the several States when called into the actual service of the United States ; he may require the

opinion, in writing, of the priucipal officer in each of the executive departments upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the

United States except in cases of impeachment. May make tren- 9. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two

ties, appoint thirds of the Senators present concur; and he shall noininate, and by and with the advice and consent of the a mbassadors, Sensie shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other judges, etc. officers of the United States whose appointments are not herein otherwise provided for, and which shall be es

tablished by law, but the Congress may by law vest the appointment of such inferior officers as they thluk proper

In the President alone, in the courts of law, or in the hea is of departments. May 611 vacan- 2. The President shall have power to till up all vacancies ihat may happen during the recess of the Senate cies.

by granting commissions, which shall expire at the end of their best session. May make rec- SECTION III. He shall from time to time give to the Congress information of the state of the Union, and onmendations recommend to their consideration such ineasures as he shall judge necessary and expedient; he may, on extraordi. to and Cog- nary occasions, con vme both Houses, or either of them, and in case of disagreement between them with respect to vepe Congress, the time of aljouruinent, he may aljourn them in such time as he shall think proper; he shall receive ambassadors

and other public ministers, he shall take care that the laws be faithfully executed, and shall commission all the

officers of ihe United States. How officers SECTION IV. The Prroident, Vice-President, and all civil officers of the United States shall be removed from may

be

Te office on iinpeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. mosed.

ARTICLE III. Judicial power,

SECTION 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior how invested, courts as the Congress may froin time to time ordain and establish. The judges, both of the Supreme and interior

courts, shall hold their offices during goof behavior, and shall at stated times receive for their services a compensa

tion which shall not be diminished during their continuance in office. To what cases it SECTION II. 1. The judicial power shall extend to all cases in law and equity arising under this Constitution, extends. the laws of the United States, and treaties inade, or which shall be made, under their authority; to all cases affecting

ambassadors, other public ministers, and consuls; to all cases of adıniralty and maritime jurisdiction: to controversies to which the United States shall be a party: to controversies between two or more States, between A State and citizens of another State, between citizens of different States, between citizens of the same state claiming lauds

under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects. Jurisdiction of 2. "To all cages affecting ambassadors, other public ministers, and consule, and those in which a Btate shall be

the Supreme party, the Supreme Court shall have original jurisdiction. In all the other cases before-entioned the Supreme Court. Court shall have appellate jurisdiction both as to law and tact, with such exceptions and uuder such regulations as the Congress shall '

make. Rules respecting 8. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the trials,

State where the said crines shall have been committed, but when not committed within any State the trial shall be at

such place or places as the Congress may by law hare directed, Treason defined. SECTION 11. 1. Treason against the United States shall consist only in levying war against them, or in

adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the

testimony of two witnesses to the same overt act, or on confession in open court. How punished. 9. The Congress shall have power to declare the punishment of treason, bat no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attained.

ARTICLE IV. Rights of States SECTION T. Full falth and credit shall be given in each State to the public acts, records, and judieial proceed. and records. ings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records,

and proceedings shall be proved, and the effort thereof. Privileges

ot

SECTION 1. 1. The citizebs of each State shall be entitled to all privileges and immunities of -itizens in citizens,

the several States, Executive requi- 2. A person charged in any Biate with treason, felony, or other crime, who shall flee from justice, and be found sitions. in another state, shil, on demand of the Executive authority of the State from which he fled, be delivered up, to be

removed to the State having jurisdiction of the crime. Laws regulating 3. No person held to service or labor in one State, under the laws thereof, escaping into another shall, in conservice or la- sequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on bor.

clalin of the party to whorn such service or labor may be due. New States, how SECTION' II. 1. New States may be admitted by the Congress into this Union: bnt no new State shall be

formed and formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more

admitted. States, or parts of States, withont the consent of the Legislatures of the Blates concerned, as well as of the Congress. Power of Cop- 9. The Congress shall have power to dispose of and make all needful rules and regulationg respecting the terri.

gresa over tory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to

publie lands. prejudice any claims of the United States, or of any particular state. Republican gov. 8xCTION IV. The United States shall guarantee to every State in this Union republican form of government,

endment guar- and shall protect each of them against invasion, and, on application of the Legislature, or of the Executive (when apteed the Legislature can not be convened), against domestic violence.

ARTICLE V. Constitution, The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this how amended. Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for

proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratitied by the Legislatures of three-fourths of the several Stales, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the Ninth Section of the First Article; and that Do State, without its consent, shall be deprived of its

equal suffrage in the Senate. Validity of

ARTICLE VI. debts recog 1. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid Dized. against the United States under the Constitution as under the Confederation.

Bupreme law of 9. This Constitution and the laws of the United States which shall be made in pursuance thereof and all

the land de- treatles made, or which shall be made, under the authority of the United States, shall be the supreme law of the fined, land, and the judges in every State shall we bound thereby, anything in the Constitution or laws of any State

to the contrary notwithstanding. Oath; of whom 3. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and

required and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or for what affirination to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust uuder the United States.

ARTICLE VII. Rstification of The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution

the Constitu- between the States so ratifying the same. Hon.

AMENDMENTS TO THE CONSTITUTION.

ARTICLE I. Religion and Congrers shall make no law respecting an establishment of religion, or probibiting the free exercise thereof; free speech.

or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and to petitlon the Government for a redress of grievances.

ARTICLE II. Right to bear A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear erms. arms shall not be infringed.

ARTICLE III. Soldiers in time No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor la time of of poace. war but in a manner to be prescribed by law.

ARTICLE IV. Right of search. The right of the people to be secure in their persons, houses, papers, and effects, against anreasonable searcher

and seizures, shall not be violated, and no warrants shall issue bui upon probable ernse, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

ARTICLE V. Capital crimes No person shall be held to answer for a capital or other infamous crime unless on a esentment or Indictment

and arrest of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in therefor. time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of

life or limb; nor shall 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 jusí compensation.

ARTICLE VI. Right to speedy In all criminal prosecutions, the accused shall enjoy the right to s speedy and public trial, by an impartial trial.

jury
Iy ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the
witnesses against himn; to have compulsory process for obtaining witnesses in his favor, and to have the as
sistance of counsel for his defence.

ARTICLE VII.
Trial by jury.

In suits at common law, where the value in controversy sball exceed twenty dollars, the right of trial by jury shall be preserved, aud po fact tried by a jury shall be otherwise re-examined in any court of the United States than acoording to the rules of the common law.

ARTICLE VIII. Ercegdve bail. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

ARTICLE IX. Enumeration of The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others re. rights. tained by the people.

ARTICLE X. Reserved rights The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reof States. served to the States respectively, or to the people.

ARTICLE XI. Judleial power.

The judicial power of the United States shall not be 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 foreigo State.

ARTICLE XII. Electors in The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of

Presidential whoin at least shall not be an inhabitant of the saine Slate with themselves, they shall naine in their ballots the elections. 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 nam ber of votes for each, which list they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the Persident of the Senate; the President of the Benate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person har ing the greatest number of votes for President sball be the President, if such sumber be a majority of the wbole number of electors appointed, and if po person have such majority, then from the persons having the highest num. bers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose im. mediately, by ballot, the President. But in choosing the President, the rotes shall be taken by States, the repre. Bentation from each State haring one vole; quoruin 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 Repr resentatives shall not change 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 Toe-President, 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 froin 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 otfice of President shall be eligible to that of Vice-President of the United States.

ARTICLE XIII. 6 every pro- 1. Neither slavery nor involuntary servitule, excepe as a punishment for crime whereof the party shall fbited. have been duly convicted, shell exist within the United States, or any place subject to their jurisdiciloa.

%. Congress shall have power to enforce this article by appropriate legislation.

CONSTITUTION OF THE UNITED STATES—Continued.

for

ARTICLE XIV. Protection

1. All persons born or naturalized in the United States, and subject to the jurisdliction thereof, are citizens of the ail citizens. United States and of the state wherein they reside. No state shall inake or enforce any law which shall abridge the

privileges or immunities of citizens of the United States; nor shall any siate deprive any person of life, liberty, or

property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Apportionment 9. Representatives shall be apportioned among the several States according to their respective nummers, counting

of Represei. the whole number of persons in each State, excluding Indians not taxed. But when the right to yote at any election Latives. for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the ex.

ecutive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male members of such state, being of twenty-one years of age, and citizens of the United States, or in any way abridged, es. cept for participation in rebellion or other crime, the basis of representation therein shall be reduced in the propor. tion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of

age in such State. Rebellion 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or

against the holding any office, civil or military, under the United States, or under any State, who, having previously taken an United States. oath, 19 a igember of Congress, or as an officer of the United States, or as a meinber of any State Legislature, or as

an executive or judicial officer of any Slate, to support the Constitution of the United States, shall have engaged in Insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress nay, by

& vote of two-thirds of each House, remove such disability. Tbe pablic 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment debt

of pensions and bounties for services in suppressing insurrection and rebellion, shall not be questioned. But neither
the United States nor any State shall sesarne or pay any debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any clairn for the loss or emancipation of any slave ; but all such debts, obligations,
and claims shall be held illegal and void.
6. The Congress shall have power to enforce by appropriate legislation the provisions of this article.

ARTICLE XV. Right of suf- 1. The right of the citizens of the United States to rote shall not be denled or abridged by the United States or frage. by any state on account of race, color, or previous condition of servitude.

2. The Congress shall have power to enforce the provisious of this article by appropriate legislation.

RATIFICATION OF THE CONSTITUTION,

The Constitution was ratified by the thirteen original states in the following order: Delaware, December 7, 1787, unanimously.

South Carolina, May 23, 1788, vote 149 to 7S. Pennsylvania, December 12, 1787, vote 4ố to 93.

New Hainpshire, June 21, 1988, vote 57 to 46. New Jersey, December 18, 1787, unanimously.

Virginia, June 25, 1788, vote 89 to 79. Georgia, January 2, 1788, unanimously.

New York, July 26, 1788, vote 30 to 28. Connecticut, January 9, 118s, vote 128 to 40.

North Carolina, Noventar 21, 1789, vote 193 to 75. Mussachusetts, February 6, 1789, vote 187 to 168.

Rhode Island, May 29, 1790, vote 34 to 39. Maryland, April 28, 1788, vote 63 to 12.

RATIFICATION OF THE AMENDMENTS. 1. tn X. Inclusive were declared in forre December 15, 1791. XI. was declared in force January 8, 1798. X11., regulating elections, was ratitied by all the States except Connecticut, Delaware, Massachusetts, and New Hampshire, which

rejerted it. It was declared in force September 28, 1801. XIII. The einancipation amendment was ratitied by 31 of the 36 States; rejected by Delaware and Kentucky, not acted on by Texas ;

conditionally ratitied by Alabama and Mississippi. Proclaimeil December 18, 1865. XIV. Reconstruction amenilient was ratitied by 23 Northern States; rejected by Delaware, Kentucky, Maryland, and 10 Southern

States, and not acted on by California. The 10 Southern States subsequently ratified under pressure. Proclaimed July 28, 1868. XV. Negro citizenship amendment was not action by Tennessee, rejected by California, Delaware, Kentucky, Maryland, New

Jersey, and Oregon ; ratified by the remaining 30 States. New York rescinded its ratification January 6, 1870. Proclaimed March 30, 1870.

The National Flag. THE oficial flag of the United States bears forty-tire white stars in a blue field, arranged in six rows--the first, third, and fifth rows having eight stars each, and the others seven stars each. (WhOklaboma is 'admitted to the Union the number of stars will be increased to 46.) The garrison Aag of the Army is made of bunting, thirty-six feet fly and twenty feet hoist; thirteen stripes, and in the upper quarter, next the staff, is the field or "union of stars, equal to the number of States, on blue field, over one-third length of the flag, extending to the lower edge of the fourth red stripe froin the top. The storm flag is twenty feet by ten feet, and the recruiting flag nine feet nine inches by four feet four inches. The American Jack'' is the union'' or blue field of the flag. The Revenue Marine Service flag, authorized by act of Congress, March 2, 1799, was originally prescribed Lo consist of sixteen perpendicularstripes, alternate red and white, the union of the ensign bearing the arms of the United States in dark blue on a white field.'' The sixteenstripes represented the numberof States which had been admitted to the Union at that time, and no change has been made since. Prior to 1871 it bore an eagle in the union of the pennant, which was then sutstituted hy thirteen blue stars in a white field, but the eagle and stars are still retained in the tag. June 14, the anniversary of the adoption of the flag, is celebrated as Flag Day in a large part of the Union. IN ORDER TO SHOW PROPER RESPECT FOR THE FLAG THE FOLLOWING CERE

MONY SHOULD BE OBSERVED:
It should not be hoisted before sunrise nor allowed to remain up after sunset.

At "retreat,' sunset, civilian spectators should stand at aziention" and uncover during the playing of the "Star Spangled Banner." Military spectators are required by regulation to stand at attention and give the military salute.

When the National colors are passing on parade, or in review, the spectator should, if walking, halt, and if sitting, arise and stand at attention and uncorer.

When the fag is town at half staff as a sign of mourning it should be hoisted to full staff at the conclusion of the funeral,

In placing the flag at half staff, it should first he holsted to the top of the staff and then lowered to position, and preliminary to lowering from all stall, it: 1ould be first raised to the top.

On Memorial Day, May 30, the ulaz should fly ai hali stall from sunrise to noon and full staff from Doon to sunset. - Sons of the Revolution in the Slue of New York.

Constitution of the State of New Xork. Preamble.

We, the people of the State of New York, grateful to Almighty God for our freedom, in order o secure Its blessing, do establish this Constitution.

ARTICLE I. The right to SECTION 1. No member of this state shall be disfranchised, or deprived of any of the rights and privivote.

leges secuired to any citizen thereof, uless by the law of the land, or the judgment of his prers. Jury trial.

SECTION II. The trial by jury in all cases in which it 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. Religious free

SECTIOX III. The freo exercise and enjoyment of religious profession and worship, without dis riinination dum.

or preference, shall forever be allowed in this Siste to all manklod; and no person shall be rendered incom. petent to be a wituess 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 liceatlousness, or justy practices inconsistent

with the peace or safety of this state. Writ of habeas Section IV. The privilege of the writ of 'habeas corpus shall not be suspended, unless when, in cases of

corpus. rebellion or invasion, the public safety may requires suspension. Excessive bail. SECTION V. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual

puoishments be inflicted, nor shall witnesses be unreasonably detained. А citizen's SECTION VI. No person shall be held to answer for a capital or otherwise infamous crime (except in cases rights. 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), uolebs on presentment or indlctinent of a grand jury, and in aay 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 eriminal case to be a wiiness 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, Protection.

SECTIOX VII. 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 moner 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 amoant, together with the expenses of the roceeding, shall be paid by the person to be benefited. .General laws may be passed permitting the owners or occupants of Agricultural lands to construct and maintata for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restric.

Lions and with just compensation, but no special law shall be enacted for such purprises. Freedom of Sacrion VIII. Every clt izen may freely speak, write, and publish his sentiments on all subjects, being speech. responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of

speech or of the pross. In all criminal prosecutions or indletments for libele, the truth inay be gives in evidence to the jury; and it it shall appear to the jury that the matter charged as libelous 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. Right of Peti.

SECTION IX. No law shall be passed abridging the right of the people peaceably to assemble and to tlun.

petition the Government, or any departoont thereof; nor shall any disorce be granted otherwise than by due judicial proceedings; nor shall any lottery or the sale of lottery tickets, pool-selling, book-inaking, or any other kini of garnbling hereafter be authorized or allowed within this State; and the Legislature shall pass

appropriate laws to prevent offences against anv of the provisions of this section. Escheats.

Section X. The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the justification of this State ; and all lands the title to

which shall fail froin a defect of heirs, shall revert, or excheat to the people. Abolition of feu- SECTION XI. All feudal tenures of every description, with all their incidents, are declared to be abolished, dal tenures. saving, however, all rents and services certain, which at any time heretofore have been lawfully created or

reserved. Lands Vested in Section XII. All lands within this State are declared to be allodial, so that, subject only to the liability

to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective

estates. Agricultural SECTION XIII. No lense or grant of Agricultural land, for a longer period than 10 years, hereafter

land leases. made, in which shall be reserved any rent or service of any kind, shall be valid. Abolition of SKCTION XIV. All tipes, quarter-sales or other like, restraints upon alienation, reserved in any grant of fines.

land hereafter to be made, shall be void. Lands owned by SECTION XV. No purchase or contract for the sale of lands in this State, made since October 14, 1775; ludiany. or which may hereafter be made, of, or with the Indians, shall be valid, unless inade under the authority, and

with the consent of the Legislature, The e om in on SECTION XVI. Such parts of the common law, and of the acts of the Legislature of the colony or new law

York, as together did for the law of the said colony, on April 19, 1775, and the resolations of the Congress of the said colony, and of the convention of the State of New York, in force April 20, 1777, which have not since expired, or been repealed or alteret; and such acts of the Legislature of this state as are now in force, skall be and continue the law of this state, subject to auch alterations as the Legislature shall inake concerning the sime. But all such parts of the common law, and such of the said acts, ur parts thereof, as are repugnant to

this Constitution, are hereby abrogated. Grant of land of SECTION XVII. All grants of land within this state, made by the King of Great Britain, or persons acting

the Kog of onder his authority, after October 14, 1715, shall be pull and void ; but nothing contained in this Constitution Great Britain. shall affect any grants of land within this state, made by the authority of the said king or his predecessors, or

shall apoul any charters to bolies politic or corporate, by him or them made, before that day; or shall affect any such zrants or charters since made by this state, or by persons acting under its authority; or shall impair the oblgition of any debts, contracted by the State or individuals, or bodies corporate, or any other rights of

property, nt angenis, actions, rights of action, or other proceedings in courts of justice. Domago

SECTION XVII. The right of action now existing to recover damages for injuries resulting in death, death injuries, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.

i ARTICLE II. Qualifications SECTION 1. Every male citizen of the age of 21 years, who shall have been a citizen for 90 days, and an for Voting. inhabitant of this state one rear next preceding an election, and for the last four months a resident of the

county, and for the last 30 days a resident of the election listrict in which he may offer his vote, shall be entitled to vote at such cletion in the election district of which he shall at the time be a resident, and not else: where, for all officers that how are or hereaftar may be elective by the people, ani upon all questions which may be submitted to a vote of the peple, provided that in time of war no elector in the actual military service of the State, or of the United slites, in the army or navr the cof shall be deprived of his vote by reason of bis absence f om sich electi in district; ani the L-gislature ab ul have power to provide the manner in which and the time a d place at which such abs at electors may vole, and for the return and canvass of their roles in the

elect on forts in which they respoctively reside. Persons not per- SECTION II. No persa who shall receive, accept or offer to recelve, or pay, offer or promise to pay, conmitted to vote. tribnte, offer or promise to contribute to another, to be paid op use, any money or other valuable thing as a

compensation or tuward for the givia, or withholding & vote at an election, or who shall make any promise to influence the giving or withholding any such vote, or who shall make or become directly or indirectly interested

owners.

for

in any bet or wager depending upon the result of any election, shall vote at such election; and upon challenge for such cause, the person no challenged, before the officers authorized for that purpose shull receive his vote, sball swear or affirm before anch officers that he has not received or offered, does not expect to receive, has Rot paid offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or withholding a sote at such election, and has not made any promise to nor made or become directly or indirectly interested in any bet or wager depending upon the result of such election. The Legislature shall enact laws excluding from the right

of suffrage all persona convicted of bribery or any infamous crime. The question of SECTION III. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by residence.

reason of his presence or absence, while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any serninary of learning; nor while kept at any alms house, or other asylum, or institution wholly or

partly supported at public expense or by charity; por while confined in any public prison. Election and SECTION IV. Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to

registration the right of suffrage hereby established, and for the registration of voters; which registration shall be comlaws.

pleted at least ten days before each election. Such registration shall not be required for town and village elections except by express provision of law. In cities and villages having 5,000 inhabitants or more, according to the last preceding Btale enumeration of inhabitants, voters shall be registered upon pergonal application only; but voters not residing to such cities or villages shall not be required to apply in person for registration

at the first meeting of the officers having charge of the registry of voters. Method of vot- SECTION V. All elections by the citizens, except for such town officers as may by law be directed to be ing.

otherwise chosen, shall be by ballot, or by such other method as may be prescribed by law, provided that

secrecy in voting be preserved. Bl-Partisan SECTION VI. All laws creating, regulating or affecting boards of officers charged with the duty of regis.

Blectio a tering voters, or of distributing ballots at the poles to voters, or of receiving, recording or counting votes at Boards. elections, shall sure equal representation of the two political parties which, at the general election next pre

ceding that for which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards and officers shall be appointed or elected in such manner, and upon the nomination of such representatives of said parties respectively, as the Legislature may direct. Existing laws on this subject shall continue until the Legislature shall otherwise provide. This section shall not apply to town meetings, or to

village elections. Power of Legis

ARTICLE III. lation.

SECTION I. The legislative power of this state shall be vested in the Senate and Assembly. Number of Sen.

SECTION II. The Senate shall consist of 50 members, except as hereinafter providest. The Senators aton, and As- elected in the year 1895 shall hold their offices for three years, and their successors shall be chosen for two semblymen. yenrs. The Assembly shall consist of 150 inembers, who shall be chosen for one year.

(NOTE, Sections III, IV and V of this article, which provided in 1893 for a division of the State into 50 Senate districts and 150 Assembly districts have been virtually superseded by the Legislative Apportiondent

Act of 1907, a summary of which is given elsewhere in this volume.) Salaries of mein- SECTION VI. Each member of the Legislature shall receive for his services an annual salary of $1,500.

bers of the The members of either House shall also receive the sum of one dollar for every ten miles they shall travel in Legislature. going to and returning from their place of meeting, once in each session, on the most ugual route, Benators,

when the Senate alone is convened in extraordinary session, or when serving as members of the Court for the Trial of Impeachments, and such members of the Assembly, not exceeding nine members, as shall be ap

pointed managers of an imprachment, shall receive an additional allowance of ten dollars a day. Civil appoint- SECTION VII. No member of the Legislature shall receive any civil appointment within this state, or the

ments pro- Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, or from bibited. any city government, during the time for which he shall have been elected; and all such appointments and all

voies given for any such member for any'such office or appointment shall be void. Ineligible for SECTION VIII. No person shall be eligible to the Legislature, who at the time of his election, is, or within Election. 100 days previous thereto has heen, a meinber of Cougress, a civil or military officer under the United States,

or an officer under any city government. 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, or under any city government, his acceptance thereof shall vacate his seat. When elections SECTIOY IX. The elections of Senators and members of Assembly, pursuant to the provisions of this conshall be held. Atitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by

the Legislatare. Authority of SECTION X. A majority of each House shall constitute a quorum to do business. Each House shall deter each House, mine 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 siall choose a temporary president to preside in case of the absence or impeachment of the Lieutenant-Governor, or when he shall refuse to act as president, or

shall act as Governor. Journals of the Section XI. Each House shall keep a journal of its proceedings, and publish the same, except snch parts

Houses. as may require secrecy. The doors of each Hlouse shall be kept open, except when the public welfare shall Members not to require secrecy. Neither House sball, without the consent of the other, adjourn for more than two days.

be questioned SECTION XII. For any speech or debate in either House of the Legislature, the members shall not be ques.

for debate. tioned in any other place. Bills to originate SECTION XIII. Any bill may originate in either House of the Legislature, and all bills passed by one

in either House House may be amended by the other. The enacting SNCTION XIV. The enacting clause of all bills shall be "The People of the State of New York, repre

clause of biils. sented in Senate and Assembly, do enact as follow," ani no law shall be enacted except by bill. Method of pass- Secrios XV. No bill shall be passed or become a law unless it shall have been printed and upon the ing bills. desks of the members, in its final form, at least three calendar legislative days prior to its final passage,

unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his band and the seal of the State ; nor shall any bill be passed or become a law, except by the ascent of a majority of the members elected to each branch of the Legislature, and upon the last reading of a bill, no

amendmn-nt thereoť shall be allowed, and the question upon its final paesage shall be taken immediately One subject in thereafter, and the yea, and nays entered on the journal.

private and SECTION XVI. No private or loerl hill, which may be passed by the Legislature, shall embrace more than

local bills, one subject, and that shall be expressed in the title. Existing law SECTION XVII. No act shall be passed which shall provide that any existing law, or any part thereof, and new law, shall be made or deemed a part of sud act, or which shall enact that any existing law, or part thereof, shall

be applicable, except by ingerting it in such act. Legislature not SECTION XVII. The L:gislature shall not pass a private or local bill in any of the following cases :

to pass certain Changing the name of persons.
bills

Locating or changing county seats.
Providing for changes of venge in civil or criminal cages,
Incorporating villages.
Providing for election of members of board of supervisors.
Selecting, drawing, summoning or impanelling grand or petit jurorg.
Regulating the rate of interest on money.
The opening and conducting of elections or designating places of votin.

Creating, increasing or decroaring fees, percentages or allowances of pohlic officers, during the term for which said officers are elected or appointed.

« ZurückWeiter »