XXXII. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that a Court shall be instituted for the trial of impeachments, and the correction of errors, under the regulations which shall be established by the Legislature, and to consist of the President of the Senate, for the time being, and the Senators, Chancellor, and Judges of the Supreme Court, or the major part of them; except that when an impeachment shall be prosecuted against the Chancellor, or either of the Judges of the Supreme Court, the person so impeached, shall be suspended from exercising his office, until his acquittal: and, in like manner, when an appeal, from a decree in equity, shall be heard, the Chancellor shall inform the Court of the reasons of his decree, but shall not have a voice in the final sentence. And if the cause to be determined, shall be brought up by writ of error, on a question of law, on a judgment in the Supreme Court, the Judges of that Court shall assign the reasons of such their judgment, but shall not have a voice for its affirmance or reversal. XXXIII. That the power of impeaching all officers of the State, for mal and corrupt conduct in their respective offices, be vested in the representatives of the people in Assembly; but that it shall always be necessary, that two-third parts of the members present shall consent to and agree in such impeachment. That previous to the trial of every impeachment, the members of the said Court shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence; and that no judgment of the said Court shall be valid, unless it be assented to by two-third parts of the members then present; nor shall it extend farther, than to a removal from office, and disqualification to hold and enjoy any place of honour, trust, or profit, under this State. But the party so convicted, shall be, nevertheless, liable and subject to indictment, trial, judgment and punishment, according to the laws of the land. XXXIV. And it is further ordained, that in every trial on impeachment, or indictment for crimes or mis F de demeanors, the party impeached or indicted, shall be allowed counsel, as in civil actions. XXXV. And this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine and declare, that such parts of the common law of England, and of the statute law of England and Great-Britain, and of the acts of the Legislature of the colony of New-York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State, subject to such alterations and provisions, as the Legislature of this State shall, from time to time, make concerning the same. That such of the said acts as are temporary, shall expire at the times limited for their duration respectively. That all such parts of the said common law, and all such of the said statutes and acts aforesaid, or parts thereof, as may be construed to establish or maintain any particular denomination of Christians or their ministers, or concern the allegiance heretofore yielded to, and the supremacy, sovereignty, government or prerogatives, claimed or exercised by the king of Great-Britain and his predecessors, over the colony of New-York, and its inhabitants, or are repugnant to this Gonstitution-be, and they hereby are, abrogated and rejected. And this Convention doth further ordain, that the resolves or resolutions of the Congresses of the colony of New-York, and of the Convention of the State of New-York, now in force and not repugnant to the government established by this Constitution, shall be considered as making part of the laws. of this State; subject, nevertheless, to such alterations and provisions, as the Legislature of this State may, from time to time, make concerning the same. XXXVI. And be it further ordained, that all grants of lands within this State, made by the king of GreatBritain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void: but that nothing; in this Constitution contained, shall be construed to affect any grants of land, within this State, made by the the authority of the said king or his predecessors, or to annull any charters to bodies politic, by him, or them, or any of them, made prior to that day. And that none of the said charters shall be adjudged to be void, by reason of any non-user or misuser of any of their respective rights or privileges, between the nineteenth day of April, in the year of our Lord one thousand seven hundred and seventy-five, and the publication of this Constitution. And further, that all such of the officers, described in the said charters respectively, as, by the terms of the said charters, were to be appointed by the Governor of the colony of New-York, with or without the advice and consent of the Council of the said King in the said colony, shall henceforth be appointed by the Council established by this Constitution, for the appointment of officers in this State, until otherwise directed by the Legislature. XXXVII. And whereas it is of great importance to the safety of this State, that peace and amity with the Indians, within the same, be at all times supported and maintained;-and whereas the frauds, too often practised towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discontents and animosities:- -Be it ordained, that no purchases or contracts for the sale of lands, made since the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventyfive, or which may hereafter be made with any of the said Indians, within the limits of this State, shall be binding on the said Indians, or deemed valid, unless made under the authority, and with the consent of the Legislature of this State. XXXVIII. And whereas we are required by the benevolent principles of rational Liberty, not only to expel civil tyranny, but also to guard against that spiritual oppression and intolerance, wherewith the bigotry and ambition of weak and wicked priests and princes have scourged mankind; this Convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare, that the free ex cise ercise and enjoyment of religious profeffion and worship, without discrimination or preference, shall forever hereafter be allowed, within this State, to all mankind. Provided that the liberty of conscience, hereby granted, shall not be so construed, as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. XXXIX. And whereas the Ministers of the Gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their function; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding any civil or military office, or place, within this State. XL. And whereas it is of the utmost importance to the safety of every State, that it should always be in a condition of defence; and it is the duty of every man, who enjoys the protection of Society, to be prepared and willing to defend it; this Convention, therefore, in the name and by the authority of the good people of this State, doth ordain, determine and declare, that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed, and disciplined, and in readiness for service. That all such of the inhabitants of this State (being of the people called Quakers) as from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the Legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same may, in the judgment of the Legislature be worth: And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the Legislature, established, maintained, and continued in every county in this State. XLI. And this Convention doth further ordain, determine and declare, in the name and by the authority of the good people of this State, that trial by jury, in all cases, in which it hath heretofore been used in the col colony of New-York, shall be established, and remain inviolate forever. And that no acts of attainder shall be passed by the Legislature of this State, for crimes, other than those committed before the termination of the present war; and that such acts shall not work a corruption of blood. And further, that the Legislature of this State shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law. XLII. And this Convention doth further, in the name and by the authority of the good People of this State, ordain, determine and declare, that it shall be in the discretion of the Legislature, to naturalize all such persons, and in such manner, as they shall think proper; provided all such of the persons, so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America, shall come to settle in, and become subjects of this State, shall take an oath of allegiance to this State, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate, and state, in all matters, ecclesiastical, as well as civil. BY ORDER, LEONARD GANSEVOORT, |