That when the number of electors within any of the
said districts shall have increased one twenty-fourth
part of the whole number of electors, which by the
said census shall be found to be in this state, an ad-
ditional senator shall be chosen by the electors of
such district. That a majority of the number of
senators, to be chosen as aforesaid, shall be neces-
sary to constitute a senate sufficient to proceed upon A quorum.
business; and that the senate shall, in like manner
with the assembly, be the judges of its own mem-
bers. And be it ordained, that it shall be in the bere
power of the future legislatures of this state, for the
convenience and advantage of the good people
thereof, to divide the same into such further and
other counties and districts, as to them shall appear
necessary.

To be judges of

their own mem

Other counties

and districts may

be erected.

disfranchised but

by law.

XIII. And this convention doth further, in the No person to be name and by the authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that no member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to the subjects of this state by this constitution, unless by the law of the land, or the judgment of his peers.

No adjournment

for more than two days but by mutual consent.

XIV. That neither the assembly nor the senate of either house shall have power to adjourn themselves for any longer time than two days, without the mutual consent of both.

tween them.

Doors to be open, and

XV. That, whenever the assembly and senate Conference bedisagree, a conference shall be held in the presence of both, and be managed by committees, to be by them respectively chosen by ballot. That the doors, both of the senate and assembly, shall at all times be kept open to all persons, except when the welfare of the state shall require their debates to be kept secret. And the journals of all their proceedings shall be kept in the manner heretofore accustomed by the general assembly of the colony of New

Journals, how kept and publish

Number of the Senate and Assembly limited.

to Constitution.

York; and, except such parts as they shall, as aforesaid, respectively determine not to make public, be, from day to day, if the business of the legislature will permit, published.

XVI. It is, nevertheless, provided, that the number of senators shall never exceed one hundred, nor the number of the assembly three hundred; but that, whenever the number of senators shall amount to one hundred, or of the assembly to three hundred, then, and in such case, the legislature shall, from

See Amendments time to time hereafter, by laws for that purpose, apportion and distribute the said one hundred senators and three hundred representatives among the great districts, and counties of this state, in proportion to the number of their respective electors, so that the representation of the good people of this state, both in the senate and assembly, shall for ever remain proportionate and adequate.

ernor.

When and how to be chosen.

XVII. And this convention doth further, in the name and by the authority of the good people of this state, ORDAIN, DETERMINE, AND DECLARE, that the Executive power supreme executive power and authority of this state vested in a Gov- shall be vested in a governor; and that, statedly, once in every three years, and as often as the seat of government shall become vacant, a wise and discreet freeholder of this state shall be, by ballot, elected governor, by the freeholders of this state, qualified, as before described, to elect senators, which elections shall be always held at the times and places of choosing representatives in assembly for each respective county; and that the person who hath the greatest number of votes within the said state, shall be the governor thereof.

His power.

XVIII. That the governor shall continue in office three years, and shall, by virtue of his office, be general and commander-in-chief of all the militia, and admiral of the navy, of this state; that he shall have power to convene the assembly and senate on

extraordinary occasions; to prorogue them from His power
time to time, provided such prorogations shall not
exceed sixty days in the space of any one year;
and, at his discretion, to grant reprieves and par-
dons to persons convicted of crimes other than trea-
son or murder, in which he may suspend the exe-
cution of the sentence, until it shall be reported to
the legislature, at their subsequent meeting, and
they shall either pardon or direct the execution of
the criminal, or grant a further reprieve.

XIX. That it shall be the duty of the governor And duty.
to inform the legislature, at every session, of the
condition of the state, so far as may respect his de-
partment; to recommend such matters to their
consideration as shall appear to him to concern its
good government, welfare, and prosperity; to cor-
respond with the continental congress, and other
states; to transact all necessary business with the
officers of government, civil and military; to take
care that the laws are faithfully executed, to the
best of his ability; and to expedite all such mea-
sures as may be resolved upon by the legislature.

XX. That a lieutenant governor shall, at every Lt. Governor. election of a governor, and as often as the lieutenant governor shall die, resign, or be removed from office, be elected in the same manner with the governor, to continue in office until the next election of a governor; and such lieutenant governor shall, by virtue of his office, be president of the senate, To be president and, upon an equal division, have a casting vote in their decisions, but not vote on any other occasion.

of the senate.

And in case of the impeachment of the governor, His further pow

or his removal from office, death, resignation, or absence from the state, the lieutenant governor shall exercise all the power and authority appertaining to the office of governor, until another be chosen, or the governor absent, or impeached, shall return, or be acquitted. Provided, that where the governor

er and duty.

In his absence a president to be

shall, with the consent of the legislature, be out of the state, in time of war, at the head of a military force thereof, he shall still continue in the command of all the military force of the state, both by sea and land.

XXI. That whenever the government shall be *chosen by the se- administered by the lieutenant governor, or he

nate.

His power and duty.

Treasurer.

Council of appointment.

shall be unable to attend as president of the senate, the senators shall have power to elect one of their own members to the office of president of the senate, which he shall exercise pro hac vice. And if, during such vacancy of the office of governor, the lieutenant governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall, in like manner as the lieutenant governor, administer the government, until others shall be elected by the suffrage of the people, at the succeeding election.

further, in the good people of

XXII. And this convention doth name and by the authority of the this state, ORDAIN, DETERMINE, AND DECLARE, that the treasurer of this state shall be appointed by act of the legislature, to originate with the Assembly. Provided, that he shall not be elected out of either branch of the legislature.

XXIII. That all officers, other than those who, by this constitution, are directed to be otherwise appointed, shall be appointed in the manner following, to wit: The assembly shall, once in every year, openly nominate and appoint one of the

See Amendments senators from each great district, which senators shall form a council, for the appointment of the said officers, of which the governor for the time being, or the lieutenant governor, or the president of the senate (when they shall respectively administer the government), shall be president, and have a casting voice, but no other vote; and, with the advice and consent of the said council, shall appoint all the said officers; and that a majority of the said council be a quorum: And further, The said senators shall not be eligible to the said council for two years successively.

offices.

XXIV. That all military officers be appointed Tenure of certain during pleasure; that all commissioned officers, civil and military, be commissioned by the governor; and that the chancellor, the judges of the supreme court, and first judge of the county court in every county, hold their offices during good behavior, or until they shall have respectively attained the age of sixty years.

judicial offices.

XXV. That the chancellor and judges of the Tenure of certain supreme court shall not, at the same time, hold any other office, excepting that of delegate to the general congress, upon special occasions; and that the first judges of the county courts, in the several counties, shall not, at the same time, hold any other office, excepting that of senator, or delegate to the general congress. But if the chancellor, or either of the said judges, be elected or appointed to any other office, excepting as is before excepted, it shall be at his option in which to serve.

ners.

XXVI. That sheriffs and coroners be annually Sheriffs and coroappointed; and that no person shall be capable of holding either of the said offices more than four years successively; nor the sheriff of holding any other office at the same time.

XXVII. And be it further ordained, That the register, and clerks in chancery, be appointed by the chancellor; the clerks of the supreme court, by the judges of the said court; the clerk of the court of probates, by the judge of the said court; and the register and marshal of the court of admiralty, by the judge of the admiralty. The said marshals, registers, and clerks, to continue in office during the pleasure of those by whom they are to be appointed as aforesaid.

Registers, clerks, whom appointed.