USA > Vermont > A history of Vermont, from its first settlement to the present time : with a geographical account of the country, and a view of its original inhabitants. For the use of schools > Part 7
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ART. 11. That the people have a right to hold them- selves, their houses, papers and possessions, free from search or seizure, and therefore warrants without oath or affirma- tion first made, affording sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his, her, or their property, not particularly de- scribed, are contrary to that right, and ought not to be granted.
ART. 12. That when any issue in fact proper for the Cognizance of a jury, is joined in a court of law, the par- ties have a right to trial by jury, which ought to be held cacred.
ART. 13. That the people have a right to freedoni of speech, and of writing and publishing their sentiments con- cerning the transactions of government, and therefore the freedom of the press ought not to be restrained.
ART. 14. The freedom of deliberation, speech and de- bate, in the legislature, is so essential to the rights of the
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people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court, or place whatsoever.
ART. 15. The power of suspending laws, or the execu- tion of laws, ought never to be exercised but by the legis- lature, or by authority derived from it, to be exercised in such particular cases as this constitution, or the legislature, shall provide for.
ART. 16. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in time of peace arc dangerous to liberty, they ought not to be kept up : and that the military should be kept under striet subordination to, and be governed by, the civil power.
ART. 17. That no person in this state can in any case be subjected to law-martial, or to any penalties or pains by vir- tue of that law, except those employed in the army, and the militia in actual service.
ART. 18, That frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry and frugality, are absolutely necessa- ry to preserve the blessings of liberty, and keep govern- ment free ; the people ought, therefore, to pay particular attention to these points in the choice of officers and repre- sentatives, and have a right, in a legal way, to exact a dne and constant regard to them from their legislators and mag- istrates, in making and executing such laws as are necessary for the good government of the state.
Anr. 19. That all people have a natural and inherent right to emigrate from one state to another that will receive them.
ART. 20. That the people have a right to assemble to- gether to consult for their common good; to instruct their representatives ; and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.
ART. 21. That no person shall be liable to be transport- ed out of this state for trial, for any offence committed within the same.
SEc. 2. Plan, or Frame of Government.
ARTICLE 1. The commonwealth or state of Vermont shall be governed hereafter by a Governor, (or Lieutenant- Governor,) Council, and an Assemby of the Representatives of the freemen of the same, in manner and forin following :
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ART. 2. The supreme legislative power shall be vested in a House of Representatives of the freemen of the com- monwealth or state of Vermont.
ART. 3. The supreme executive power shall be vested in a Governor, or, in his absence, a Lieutenant-Governor, and Council.
ART. 4. Courts of justice shall be maintained in every county in this state, and also in new counties when formed, which courts shall be open for the trial of all causes proper for their cognizance, and justice shall be therein impartially administered without corruption, or unnecessary delay .--- The judges of the Supreme Court shall be justices of the peace throughout the state, and the several judges of the county courts in their respective counties, by virtue of their office, except in the trial of such causes as may be appealed to the county court.
ART. 5. A future legislature may, when they shall con- ceive the same to be expedient and necessary, ercet a Conrt of Chancery, with such powers as are usually exercised by that Court, or as shall appear for the interest of the com- inonwealth ; provided, they do not constitute themselves the judges of said court.
ART. 6. The legislative, executive, and judiciary de- partments shall be separate and distinct, so that neither exercise the powers properly belonging to the other.
ART. 7. In order that the freeuien of this state might enjoy the benefit of election as equally as may be, each town within this state that consists or may consist of eighty . taxable inhabitants, within one septenary or seven years next after the establishing of this constitution, may hold elections therein, and choose each two representatives ; and each other inhabited town in this state, may in like man- ner choose one representative, to represent them in Gene- ral Assembly, during the said septenary or seven years. And after that, each inhabited town may, in like manner. hold such election, and choose one representative, forever thereafter.
ART. 8. The House of Representatives of the freemen of this state shall consist of persons most noted for wisdom and virtue, to be chosen by ballot by the freemen of every town in this state, respectively, on the first Tuesday of September, annually, forever.
ART. 9. The representatives so chosen, (a majority of whom shall constitute a quorum for transacting any other
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business than raising a state-tax, for which two-thirds of the members elected shall be present,) shall meet on the second Thursday of the succeeding October, and shall be styled The General Assembly of the State of Vermont : they shall have power to choose their Speaker, Secretary of State, their Clerk, and other necessary officers of the house ; sit on their own adjournments; prepare bills and enact them into laws ; judge of the elections and qualifications of their own members : they may expel members, but not for canses known to their constituents antecedent to their clec- tion; they may administer oaths and affirmations in mat- ters depending before them; redress grievances ; impeach state criminals; grant charters of incorporation ; constitute towns, boroughs, cities and counties : they may annually, ou their first session after their clection, in conjunction with the Council, (or oftener if need be) elect judges of the Su- preme and several county and probate courts, sheriff's, and justices of the peace ; and also, with the Council, may elect major-generals and brigadier-generals, from time to time, as often as there shall be occasion ; and they shall have all other powers necessary for the legislature of a free and sovereign state. But they shall have no power to add to, alter, abolish, or infringe, any part of this constitution.
ART. 10. The supreme executive Council of this state shall consist of a Governour, Lieutenant-Governonr, and twelve persons, chosen in the following manner, to wit ;- the frecmen of each town shall, on the day of the election for choosing representatives to attend the General Assem- bly, bring in their votes for governonr, with his name fairly written, to the constable, who shall seal them up and write on them, "Votes for Governour," and deliver them to the representative chosen to attend the General Assembly. And at the opening of the General Assembly there shall be a committee appointed, out of the Council and Assembly, who after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for the governour, and declare the person who has the major part of the votes, to be Governour for the year ensuing. And if there be' no choice made, then the Conneil and Gen- eral Assembly, by their joint-ballots, shall make choice of a Governour. The Lieutenant Governor, and Treasurer, shall be chosen in the manner above directed. And each freeman shall give ia twelve votes for twelve councillors, in the same manner, and the twelve highest in nomination shall serve, for the ensuing year, as councillors.
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ART. 11. The Governour, and in his absence the Lieu- tenant-Governor, with the Council, (a major part of whom, including the Governour or Lieutenant-Governour, shall be a quorum to transact business) shall bave power to commis- sion all officers, and also to appoint officers, except where provision is or shall be otherwise made by law, or this frame of goverument ; and shall supply every vacancy in any office, occasioned by death, or otherwise, until the of- fce can be filled in the manner directed by law, or this con- stitution :--
They are to correspond with other states ; transact busi- ness with officers of government, civil and military, and to prepare such business as may appear to them necessary to lay before the General Assembly : they shall sit as judges to hear and determine on impeachinents, taking to their as- sistance, for advice only, the judges of the Supreme Court ; and shall have power to grant pardons and remit fines, in all cases whatsoever, except in treason, and murder, in which they shall have power to grant reprieves, but not to pardon until after the end of the next session of Assembly ; and except in cases of impeachment in which there shall be no remission or mitigation of punishment, but by act of legislation ; they are to take care that the laws be faith- fully executed : they are to expedite the execution of such measures as may be resolved upou by the General Assem- bly ; and they may draw upon the treasury for such sums as may be appropriated by the House of Representatives : they may also lay embargos, or probibit the exportation of any commodity for any time not exceeding thirty days, in the recess of the house only. They may grant such licen- ces as shall be directed by law ; and shall have power to call together the General Assembly, when necessary, be- fore the day to which they shall stand adjourned. The Governour shall be captain-general and commander in chief of the forces of the state, but shall not command in person, except advised thereto by the Council, and then only so long as they shall approve thereof. And the Lieutenant- Governour shall, by virtue of his office, be lieutenant-gen- eral of all the forces of the state. The Governour, or Lieu- tenant-Governonr, and the Council, shall meet at the time and place with the General Assembly : the Lieutenant- Governour shall, during the presence of the commander in chief, vote and act as one of the Council; and the Govern- our, and in his absence the Lieutenant-Goyernour, shall, by virtue of their offices, preside in Council, and have a cast-
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Ing, but no other vote. Every member of the Council shall be a justice of the peace for the whole state, by virtue of his office. The Governour and Council shall have a Seere- tary, and keep fair books of their proceedings, wherein any councillor may enter his dissent, with his reasons to sup- port it. And the Governour may appoint a secretary, for himself and his Council.
ART. 12. The representatives having inet and chosen their speaker and clerk, shall each of them, before they proceed to business, take and subscribe, as well the oath or affirmation of allegiance herein after directed, (except where they shall produce certificates of their having here- tofore taken and subscribed the same,) as the following oath or affirmation, viz. "You do solemnly swear (or affirm) that as a member of this Assembly you will not propose or assent to any bill, vote, or resolution, which shall oppeur to you injurious to the people, nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the constitution of this stute ; but will in all things conduct yourself as a faithful, honest representative and guardian of the people, according to the best of your judgment and abili- ties. (In case of an oath) So help you God, (and in case of an affirmation) under the pains end penalties of perjury.
ART. 13. The doors of the house in which the Gener- al Assembly of this commonwealth shall sit, shall be open, for the admission of all per-ous who behave decently, ex- cept only when the welfare of the state may require them to be shut.
ART. 14. The votes and proceedings of the General As- sembly shall be printed (when one third of the members think it necessary ) as soon as convenient after the end of each session, with the geus and nays on any question, when required by any member, (except where the votes shall be taken by ballot,) in which case every member shall have a right to insert the reasons of his vote, upon the minutes.
ART. 15. The style of the laws of this state, in futuro to be passed, shall be, It is hereby enacted by the General As- sembly of the state of Vermont.
ART. 16. To the end that laws before they are enacted may be more maturely considered, and the inconvenience of hasty determinations as much as possible, prevented, all bills which originate in the Assembly shall be laid before the Governour and Council, for their revision and concur-
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rence, or proposals of amendment, who shall return the same to the assembly, with their proposals of amendment, if any, in writing ; and if the same are not agreed to by the Assembly, it shall be in the power of the Governour and Council to suspend the passing of such bills until the next session of the legislature. Provided, that if the Governour and Council shall neglect or refuse to return any such bill to the Assembly, with written proposals of amendment, within five days, or before the rising of the legislature, the same shall become a law.
ART. 17. No money shall be drawn out of the treasu- ry, unless first appropriated by act of legislation.
ART. 18. No person shall be elected a representative until he has resided two years in this state, the last of which shall be in the town for which he is elected.
ART. 19. No member of the Council, or House of Rep- resentatives, shall directly or indirectly receive any fee or reward to bring forward or advocate any bill, petition, or other business to be transacted in the legislature, or advo- cate any cause as counsel in either house of legislation, ex- cept when employed in behalf of the state.
ART. 20. No person ought in any case, or in any time, to be declared guilty of treason, or felony, by the legisla- ture.
ART. 21. Every man of the full age of twenty-one yours, having resided in this state for the space of one whole year next before the election of representatives, and is of a quiet and peaceable behaviour, and will take the following oath or affirmation, shall be entitled to all the privileges of a freeman of this state.
"You solemnly swear (or affirm) that whenever you give your rite or suffrage touching any matter that concerns the state of F'ermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the constitution, without fear or favour of any man."
ART. 22. The inhabitants of this state shall be trained and armed for its defence, under such regulations, restric- tions, and exceptions, as Congress, agreeably to the consti- tution of the United States, and the legislature of this state, shall direct. The several companies of militia shall, as often as vacancies happen, elect their captain, and other officers, and the captains and subalterus sball nominate and recommend their field-officers, of their respective regiments, who shall appoint their staff-officers.
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ART. 23. All commissions shall be in the name of the freemen of the state of Vermont, sealed with the state seal; signed by the Governour, and in his absence the Lieuten- ant Governour, and attested by the secretary : which seal shall be kept by the Governour.
ART. 24. Every officer of the state, whether judicial or executive, shall be liable to be impeached by the General Assembly, either when in office, or after his resignation, or removal, for mal-administration. All impeachments shall be before the Governour and Council, who shall hear and determine the same, and may award costs ; and no trial or impeachment shall be a bar to a prosecution at law.
ART. 25. As every freeman, to preserve his independ- ence (if without a sufficient estate) ought to have some pro- fession, calling, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor use in, establish- ing offices of profit, the usual effects of which are depend- ence aud servility, unbecoming freemen, in the possessors, or expectants, and faction, contention and discord among the people. But if any man is called iato publick service to the prejudice of his private affairs, he has a right to a reasonable compensation ; and whenever an office through increase of fees, or otherwise, becomes so profitable as to occasion many to apply for it, the profits ought to be lessen- ed by the legislature. And if any officer shall wittingly and wilfully take greater fees than the law allows him, it shall ever after disqualify bim from holding any office in this state, until he shall be restored by act of legislation.
ART. 26. No person in this state shall be capable of holding or exercising more than oneof the following offices at the same time, viz. Governour, Lieutenant-Governour, judge of the Supreme Court, treasurer of the state, men- ber of the Conneil, member of the General . Assembly, sur- veyor-general, or sheriff. Nor shall any person holding any office of profit or trust under the authority of Congress, be eligible to any appointment in the legislature, or of holding any executive or judiciary office under this state.
ART. 27. The treasurer of the state shall before the Governour and Council give sufficient security to the sec- retary of the state, in behalf of the General Assembly, and each high sheriff, before the first judge of the county court, to the treasurer of their respective counties, previous to their respectively entering upon the execution of their offi- ces, in such maier and in such sums, as shall be directed by the legislature. F2
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ART. 28. The treasurer's account shall be annually au- dited, and a fair statement thereof be Jaid before the Gen- eral Assembly, at their session in October.
ART. 29. Every officer, whether judicial, executive, or military, in authority under this state, before he enters up- on the execution of his office shall take and subscribe the following oath, or affirmation, of allegiance to this state (un- less he shall produce evidence that he has before taken the same ;) and also the following oath or affirmation of office, except military officers, and such as shall be exempted by the legislature :
THE OATH, OR AFFIRMATION, OF ALLEGIANCE. "You do solemnly swear (or affirm) that you will be true and faith ful to the state of Vermont, and that you will not directly or indirectly, do any act or thing injurious to the constitution or government thereof, as established by convention, (Ifan oath) so help you God. (if an affirmation) under the pains and penalties of perjury."
THE OATH, OR AFFIRMATION OF OFFICE.
"You do solemnly sucar (or affirm) that you
, and will therein do cqual right and justice to all men, to the best of your judgment and abilities, according to lan. (If au oaths) so help you God, (if an affirmation) un- der the puins and penalties of perjury.
ART. 30. No person shall be eligible to the office of Governour, or Lieutenant-Governour, until he shall have resided in this state four years next preceding the day of his election.
ART. 31. Trials of issues proper for the cognizance of a jury, in the Supreme and county Courts, shall be by jury, except where parties otherwise agree : and great care ought to be taken to prevent corruption, or partiality in the choice and return, or appointment, of juries.
ART. 32. All prosccutions shall commence, By the au- thority of the state of Fermont: all indictments shall con- clude with these words, against the peace and dignity of the state ; and all fines shall be proportioned to the offences.
Anr. 33. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in pris. on, after delivering up and assigning over bona fide, all his estate, real and personal, in possession, reversion, or re- mainder, for the use of his creditors, in such manner as shall be hereafter regulated by law. And all prisoners, unloss in
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execution, or committed for capital offences, when the proof is evident or presumption great, shall be bailable, by suffi- cient sureties; nor shall excessive bail be exacted for baila- ble offences.
ART. 34. All elections, whether by the people, or the legislature, shall be free and voluntary ; and any elector who shall receive any gift, or reward, for his vote, in meat, drink, monies, or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as the law shall direct ; and any person who shall directly or indirectly give, promise, or bestow, any such rewards to be elected, shall thereby be rendered incapable to serve for the ensning year, and be subject to such further punishment as a future legislature shall derect.
ART. 35. All deeds and conveyances of land shall be recorded in the town clerk's office, in their respective towns, and for want thereof, in the county clerk's office of the same county.
Anr. 35. The legislature shall regulate entails, in such manner as to prevent perpetuitics.
ART. 37. To deter more effectually from the.commis- sion of crimes, by continued visible punishments less neces- sary, means ought to be provided for punishing by hard la- bour, those who shall be convicted of crimes vot capital whereby the criminal shall be employed for the benefit of the public, or for the reparation of' injuries done to private persons ; and all persons, at proper times, ought to be per- mitted to see them at their labour.
ART. 33. The estates of such persons as may destroy their own lives shall not for that offence be forfeited, but descend or ascend, in the same manner as if such persons had died in a natural way. Nor shall any article which shall accidentally occasion the death of any person be hence- forth deemed a deodand, or in any wise forfeited, on ac- count of such misfortune.
ART. 39. Every person of good character who comes to settle in this state, having first taken an oath or affirma- tion of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer, land, or other real estate, and after one year's residence shall be deemed a free denizen thereof, and entitled to all the rights of a nat- ural born subject of this state : except, that he shall not be capable of being elected Governour, Lieutenant-Governour,
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treasurer, councillor, or representative in Assembly, until after two years' residence.
ART. 40. The inhabitants of this state shall have liber- ty in seasonable times to hunt, and fowl, on the lands they hold, and on other lands not inclosed, and in like manner to fish in all boatable and other waters (not private property,) under proper regulations to be hereafter made and provi- ded by the General Assembly.
ART. 41. Laws for the encouragement of virtue and pre- vention of vice and immorality ought to be constantly kept in force and duly executed, and a competent number of schools ought to be maintained in each town, for the con- venient instruction of youth, and one or more grammar schools be incorporated, and properly supported, in each county in this state. And all religious societies or bodies of men that may be hereafter united or incorporated for the advancement of religion, and learning, or for other pi- ous and charitable purposes, shall be encouraged and pro- tected in the enjoyment of the privileges, immunities, and estates which they in justice ought to enjoy, under such regulations as the General Assembly of this state shall di- rect.
ART. 42. The declaration of the political rights and privileges of the inhabitants of this state, is hereby de- clared to be a part of the constitution of this common- wealth, and ought not to be violated on any pretence what- ever.
ART. 43. In order that the freedom of this common- wealth may be preserved inviolate forever, there shall be chosen by ballot, by the freemen of this state, on the last Wednesday in March, in the year one thousand seven hun- dred and ninety-nine, and on the last Wednesday in March in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the Council is chosen, except they shall not be out of the Council or General Assembly, to be called the Council of Censors, who shall meet together on the first Wednesday of June next ensuing their election, the majority of whom shall be a quorum in every case, ex- cept as to calling a convention, in which two-thirds of the whole number elected shall agree ; and whose duty it shall be to inquire, whether the constitution has been preserved inviolate in every part, during the last septenary, (including the year of their service,) and whether the legislative and executive branches of government have performed their
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