THE THIRD CONSTITUTION OF NEW YORK, 1846.[1]
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. [Rights of citizens.]—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.
§ 2. [Trial by jury preserved.]—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.
§ 3. [Religious liberty.]—The free exercise and enjoyment of religious profession and worship, without discrimination or 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.
§ 4. [When writ of habeas corpus not to be suspended.]—The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.
§ 5. [Excessive bail, fines, and punishment prohibited; rights of witness.]—Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.
§ 6. [Rights of accused in criminal cases; taking private property for public use.]—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 offense; 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.
§ 7. [Compensation for private property, how ascertained; private roads]—When private property shall
- ↑ This Constitution was framed by a Convention which met in Albany on June 1, 1846, and adjourned October 9 of the same year. It was submitted to the people and approved at an election held November 3, 1846. A history of this Constitution is to be found in Lincoln II:9-217. The section headings appearing in the above text in brackets are not in the original but have been derived mainly from Lincoln.
