USA > Vermont > Outlines of the geography, natural and civil history and constitution of Vermont. Also the Constitution of the United States. with notes and queries > Part 18
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ARTICLE VII.
The ratification of the conventions of nine states shall be sufficient for the establishment of this Constitution, be- tween the states so ratifying the same.
At the time of the formation of the Constitution there were thirteen states. It was not thought possible to secure a ratifica- tion by the whole, till after a part had ratified it, and established a government under it. But it was desirable to secure more than a majority, that the new government might be of sufficient strength to command respeet and give promise of permanence. Accordingly it was provided that a ratification by nine states should be sufficient to establish the Constitution. It it had been ratified by no more than nine they would have constituted the nation, and the other states would not have belonged to it. In fact, the Constitution was ratified by cleven states, and the government thereby established went into operation, March 4th, 1789. North Carolina and Rhode Island, which did not concur in the ratification till a considerably later date, were in the meantime treated, in many respects, as for- eign states.
eral states ? What is said of the guilt of the leaders in the rebel- lion ? What is declared in regard to a religious test ? What is the design of this prohibition ?
What provision was made for the establishment of the Constitu- tion ? How many were the original states? What was thought in regard to ratification by the whole ? Why was ratification by more than a majority desirable? If only nine states had ratified, what would have been the result ? flow many did in fact ratify ? When did the government go into operation ? What states with- eld their concurrence, and how wero they treated ?
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CONSTITUTION OF THE UNITED STATES.
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ARTICLES
IN ADDITION TO AND AMENDMENT OF THE CONSTITUTION.
The Constitution, as originally proposed to the states, and adopted by them, was seen to be an imperfect instrument, but it was adopted as the best that could then be obtained. A very gen- eral desire was expressed that it should specdily be amended in several particulars. It was especially desired that a direct and positive affirmance of certain rights of the people should be ineor- porated into the Constitution. Accordingly Congress, at its very first session, proposed twelve articles of amendment, teu of which were ratified by the requisite number of states. Two other amend- ments were afterwards, at different times, proposed and adopted. But no part of the Constitution os originally adopted has been altered, except as to the manner of electing the president and vice president, and section second of article third, so far as it authorized a suit to be brought against n state by an individual.
ARTICLE I.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
The Constitution atready forbade the requirement of any relig- ious test as a qualification for office, but this article goes still far- ther, and prohibits the government from showing favor or disfavor to any denomination, or doing any thing which may tend to the establishment of a national religion. At the same time it Eccures to all citizens of all denominations absolute equality in matters of religion, and complete religions liberty. The second clause of this
What is said of the Constitution as first proposed ? What gen- eral desire was expressed ? What was especially desired ? To meet this desire what did Congress do ? How many amendments have been adopted ? How is the original Constitution affected by them ?
What is the first article of amendment ? How does the first elause of this article affect the relations of the government to religion ? What does it secure? What dece the second clause
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CONSTITUTION OF THE UNITED STATES.
article guarantees to every man the right to speak and to publish whatever he will. In some despotic countries the printing of books on particular subjects is disallowed unless they have been examined and approved by an officer of the government. The publication of newspapers and other periodicals is placed under similar restric- tions. The second clause guards against such restraints upon the freedom of the press. But it does not protect against the conse- quenees of publishing what is slanderous, blasphemous, mischiev- ous, or in any wise illegal. A man may freely speak and publish his sentiments on all subjects, but if in so doing he violates any private rights, he will be liable to an action for damage, and if he injures the public he will be punished criminally. The right of petition is guaranteed by the last chance of the article, that the people may always have the means of making their grievancer known to the government.
ARTICLE IL.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
If the people, as a whole, are allowed to keep and bear arms, it will restrain their rulers from acts of tyranny and usurpation. Standing armies will also be unnecessary, if the citizens generally ure armed and disciplined, and qualified to defend the country in any sudden emergency.
ARTICLE III.
No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor, in time of war, but in a manner to be prescribed by law.
The design of this article is to secure the enjoyment of that grent common law right that a man's house shall be his castle, privileged against all intrusion. It is sometimes necessary, in time
guarantee ? How is the press restricted in defetic countries ? What limitation to the protection afforded by this cliente ? What is the right and what the liability in regard to speaking and pub- lishing ? Why is the right of petition guaranteed ?
What is declared in the second article ? What are the reasons for guaranteeing the right for bearing arms ?
What is declared in article third ? What is the design of this
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CONSTITUTION OF THE UNITED STATES.
of war, that soldiers shall be quartered in the houses of citizens, but this article provides that it shall be done, not capriciously and oppressively, but in accordance with legal and uniform rules ; and, in connection with the last clause of article fifth, it guar- antecs compensation for the loss and injury that may be sustained.
ARTICLE IV.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or affirm- ation, and particularly describing the place to be searched, and the person or things to be seized.
This article protects the liberty and private property of the people against all illegal interference. It also prohibits the issuing of "general warrants," which were formerly need in England, and which authorized the officer holding them to arrest any person or to search any place that he suspected, without assigning any probable cause for either act.
Articles five, six, seven, eight, eleven and twelve have already been considered, in connection with those parts of the Constitution to which they particularly relate.
ARTICLE IX.
The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others, retained by the people.
As a general principle, the affirmation of certain particulars is a denial of all others which belong to the same class. This article is designed to guard against a perversion or misapplication of this principle, and to estop the possible inference that the people have no other political rights than those which are enumerated in the Constitution.
article ? What security does it give in regard to quartering sol- diers in time of war ?
What is declared in article fourth ? What does this article pro- teet ? What does it prohibit ? What were general warrar.ts ?
What is declared in the ninth article ? What is the design of this article ?
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CONSTITUTION OF THE UNITED STATES.
ARTICLE X.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people.
What is here declared could hardly have been denied, even if not incorporated into the Constitution. According to the theory of our government, all power resides originally in the people, and whatever they do not expressly delegate remains with them. This article was adopted, by way of abundant caution, to guard these residuary rights against invasion or diminution by the general government.
What is declared in the tenth article ? Where doce all power originally reside? Why was this article adopted ?
APPENDIX.
CONSTITUTION OF VERMONT.
In the body of this book is given a brief history of the Consti- tution and government of Vermont. But it is thought advisable to place the Constitution entire before every young person who may use the work, so that all may have an opportunity to examine the framework of our government The Constitution is composed of two parts :- I. The declaration of the rights of the inhabitants of the state. Il. The frame of government. If one person at- tempts to hinder any other from enjoying the rights specified, he ineurs penalty, and may be rightfully punished according to laws made in conformity to the Bill of Rights and Constitution. The Bill of Rights remains the same as adopted by the people of the state at first ; but the frame of government has been essen- tially modified at different times by articles of amendment, added to the forty-three scetions of which it originally consisted. The sections which have been modified er amended are included in brackets [ ]. It will be well for all the young carefully to com- pare the original articles with the amendments.
PART THE FIRST.
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT.
ARTICLE 1. That all men are born equally free and independent, and have certain natural, inherent, and inalienable rights, among
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APPENDIX.
which, are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness, and safety ;- therefore, no male person, born in this country, or brought from over sea, ought to be holden, by law, to serve any person, as a servant, slave, or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent after they arrive to such age, or bound by law for the payment of debts, damages, fines, costs, or the like.
11. That private property ought to be subservient to public uses, when necessity requires it ; nevertheless, whenever any per- son's property is taken for the use of the public, the owner ought to receive an equivalent in money.
Ill. That all men have a natural and inalienable right to wor- ship Almighty God, according to the dictates of their own con- sciences and understandings, as in their opinion shall be regulated by the Word of God ; and that no man ought to, or of right can, be compelled to attend any religious worship, or ereet or support any place of worship, or maintain any minister, contrary to the dictates of his conscience ; nor can any man be justly deprived or abridged of any civil right, as a citizen, on account of his relig- ious sentiments, or peculiar mode of religious worship ; and that no authority can, or ought to be tested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner control, the rights of conscience, in the free exercise of religious worship : nevertheless, every seet or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most ngreeable to the revealed will of God.
IV. Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in bis person, property, or character : he ought to obtain right and justice freely, and without being obliged to purchase it ; completely, and without any denial ; promptly, and without delay, conformably to the laws.
V. That the people of this state by their legal representatives, have the sole, inherent, and exclusive right of governing and regu- lating the internal police of the anine.
VI. That all power being originally inherent in, and conge- quently derived from, the people ; therefore, all officers of gov- ernment, whether legislative or executive, are their trustees and servants, and at all times, in a legal way, accountable to them.
VII. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular emolnment or advantage of any single man, family, or set of men, who are a part only of that community ; and that the community hath nn indubitable, inalien- able, and indefeasible right to reform or alter government, in such
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APPENDIX.
manner as shall be, by that community, judged most conducive to the publie weal.
VIII. That all elections ought to be free, and without corrup- tion, and that all freemen, having a sufficient evident common interest with, and attachment to, the community, have a right to eleet and be elected into office, agreeably to the regulations made in this Constitution.
IX. That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expense of that protection, and yield his personal service when necessary, or an equivalent thereto ; but no part of any property can be justly token from him or applied to public uses, withont his own consent, or that of the representative body of the freemen ; nor can any man, who is conscientiously serupulous of bearing arms, be justly com- pelled thereto, if he will pay such equivalent ; nor are the people bound by any law bat such as they have in like manner assented to for their common good. And, previous to any law being made to raise a tax, the purpose for which it is to be raised ought to appear evident to the legislature to be of more service to the com- munity than the money would be if not collected.
X. That in all prosecutions for criminal offences, a person bath a right to be heard, by himself and his counsel ; to demand the cause and nature of his accusation ; to be confronted with the witnesses ; to call for evidence in his favor, and a speedy public trial, by an impartial jury of the country, without the unanimous consent of which jury, he cannot be found guilty ; nor can he be compelled to give evidence against himself ; nor can any person be justly deprived of his liberty, except by the laws of the land, or the judgment of his peers.
XI. That the people have a right to hold themselves, their houses, papers and possessions, free from search or seizure, and therefore warrants without oath or affirmation first made, affording sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to vieze any person or persons, his, her, or their property, not partic- ularly described, are contrary to that right, and cught not to be granted.
XII. That when any issue in fact proper for the cognizance of a jury, is joined in a court of law, the parties have a right to trial by jury, which ought to be beld sacred.
XIII. That the people have a right to freedom of speech, and of writing and publishing their sentiments concerning the trans- actions of government, and therefore the freedom of the press ought not to be restrained.
XIV. The freedom of deliberation, speech, and debate, in the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or com- plaint, in any other court, or place whatsoever.
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APPENDIX.
XV. The power of suspending laws, or the execution of laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases as this Constitution, or the legislature, shall provide for.
XVI. That the people have a right to bear arms for the defense of themselves and the state ; and as standing armies, in times of peace, are dangerous to liberty, they ought not to be kept up : and that the military should be kept under strict subordination to, and be governed by, the civil power.
XVII. That no person in this state can in any case be subjected to law-martial, or to any penalties or pains by virtue of that law, except those employed in the army, and the militia in actual service.
XVIII. That frequent recurrence to fundamental principles, and a firm adin renee to justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the blessings of liberty, and keep government free : the people ought, therefore, to pay particular attention to these points in the choice of officers and representatives, and have a right, in a legal way, to exact a due aud constant regard to them from their legislators and magis- trates, in making and executing such laws as are necessary for the good government of the state.
XIX. That all people have a natural and inherent right to emigrate from one state to another that will receive them.
XX. That the people have a right to assemble together to con- sult for their common good ; to instruct their representatives ; and to apply to the legislature for rethiss of grievances, by address, petition, or remonstrance.
XXI. That no person shall be liable to be transported out of this state for trial, for any offense committed within the same.
Questions.
Are all persona born equally free ? What are the natural inherent and inalienable rights as-erted ? Dellne malienable ? At what age do males cease to be minors ? Females? L'an any one be a slave in this state ? For what is private property to be subservient ? When taken for the use of the public what equivalent is to be rendeted to the on bes : Have all the right to worship God ? lu what manner ? Can any man be justh deprived el any civil night as a citizen, on account of any religionty opinion be may entertain ? What is said of the observance of the Sabbath day ? What of keeping upreligion : worship? What right have persans for redress of injuries or wrongs ? Who have the right of governing and regulating the internal police of the state: To whom are all the oficera of the government amenable ? For what is government instituted ? What right his community to rel ri or alter government ? To what should government be conducite : Why are all bound to contribute their proportion toward the expences of maintaining government ? Can any be excused from bearing arms? How ? What mast appear to the legislature in order to justify imposing a tax on th ringena? What rights trase persons accused of crime respec- ing counsel? Respecting the accusation : Respecting witnesses? Respecting a trial by jury ? Respecting giving evidence again-t themselves : Respecting being deprived of liberty ? What have all a right to hold free ? When only can se uch warrants be issued ? What is said of the night of trial by jury ? What rights are guaranteed respecting freedom of speech, and of writing and publishing? What is said of free- dom of speech in debate in the legislature : How can the execution of laws be sus - pended ? What is the right of bearing arms? For what purposes : What is said of standing armes? What is said of the relation of the civil and military power ? What of martial law ? What are absolutely necessary to preserve the blessings et
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APPENDIX.
liberty and keep government free ? What ought people to regard in the choice of rulers ? What ought the people to exact of legislators and magistrales? What is the right of emigration ? For what purposes have people a right to assemble ? What is said of the liability of persons to be trausported out of the stale for trial for any offense committed in the state ?
PART THE SECOND.
FRAME OF GOVERNMENT.
SECTION 1. [The commonwealth or state of Vewuont shall be governed hereafter by a governor, (or lieutenant governor,) coun- eil, and an assembly of the representatives of the freemen of the same, in manner and form following : ] ( See the third and eighth articles of amendment.)
SEC. 2. [The supreme legislative power shall be vested in a house of representatives of the freemen of the commonwealth or state of Vermont.] ( See the third article of amendment.)
SEC. 3. {The supreme executive power shall be vested in a governor, or, in his absence, a lieutenant governor, and council.] ( See the eighth article of amendment.)
SEc. 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 eor- ruption, 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.
SEC. 5. A future legislature may, when they shall conceive the same to be expedient and necessary, erect a court of chancery, with such powers as are usually exercised by that court, or as shall ap- pear for the interest of the commonwealth ; provided, they do not constitute themselves the judges of said court.
SEC. 6. The legislative, executive, and judiciary departments shall be separate and dictinet, so that neither exercise the powers properly belonging to the other.
SEc. 7. In order that the freemen 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 this Constitution, may hold elections therein, and choose, cach, two rep- resentatives; and each other inhabited town in this state, may, in like manner, choose one representative to represent them in general assembly, during the septenary or seven years. And after thut, rach inhabited town may, in like manner, hold such election, and choose one representative, forever thereafter.
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APPENDIX.
. SEC. 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.
SEC. 9. The representatives bo chosen, (a majority of whom shall constitute a quorum for transacting any other 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 :] (See the second article of amendment.) They shall have power to choose their speaker, [secretary of state, ] ( See the tenth article of amendment,) 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 causes known to their constituents antecedent to their election ; they may admin- ister oaths and affirmations in matters depending before them ; re- dress grievances ; impeach state criminals ; grant charters of in- corporation ; constitute towns, boroughs, cities, and counties ; they may annually, on their first session after their election, [in con- junction with the council, ] (or oftener, if need be,) elvet judges of the supreme [and several county and probate] courts, [sheriff's and justices of the peace,] ( See articles of amendment from the four- teenth to the twentieth, both inclusive,) 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. Bat they shall have no power to add to, alter, abolish, or infringe any part of this Constitution. ( See the articles of amend- mint which require the concurrent action of a senate for the effectual exercise of most of the above mentioned powers.)
SEc. 10. [The supreme executive council of this state shall con- sist of a governor, lieutenant governor, and twelve persons, chosen in the following manner, to wit : ]-The freemen of each town shall, on the day of election for choosing representatives to attend the general assembly, bring in their votes for governor, with his name fairly written, to the constable, who shall seal them up, and write on them, " Votes for governor," and deliver them to the rep- resentafive chosen to attend the general assembly. And at the opening of the general assembly there shall be a committee ap- pointed, out of the [council and] assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to re- ceive, sort, and count the votes for the governor, and declare the person who has the major part of the votes, to be governor for the year ensuing. [ And if there be no choice made, then the council and general assembly, by their joint ballots, shall make choice of a gov- ernor.] The lieutenant governor and treasurer shall be chosen in the manner above directed. [And each freeman shall give in twelve votes for twelve councillors, in the same manner, and the twelve
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