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 19
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highest in nomination shall serve, for the ensuing year, as coun- cillors. ] (See the eighth and ninth articles of amendment.)
SEC. 11. The governor, and in his absence the lieutenant governor, [with the council (the major part of whom, including the governor or lieutenant governor, shall be a quorum to transaet business, ) | shall have power to commission all officers, and also to appoint officers, except where provision is or shall be otherwise made by law, or this frame of government ; and shall supply every vacancy in any office, occasioned by death or otherwise, until the office can be filled in the wanner directed by law, or this Coustitu- tion :--
They are to correspond with other states; transact business with officers of government, civil aud 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 im- peachments, taking to their a sistance, for advice only, the judges of the supreme court ; j 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 jar- don 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 aet of legislation ; they are to take care that the laws be faithfully executed ; they are to expedite the execution of such measures as may be resolved upon by the general assembly ; and they may draw upon the treasury for such sums as may be appropriated by the house of representatives ; they may lay embargoes, or prohibit the exportation of any commodity, for any time not exceeding thirty days, in the recess of the house only. They may grant such licenses as shall be directed by law ; and shall have power to call together the general assembly, when necessary, before the day to which they shall stand ndjourned. The governor 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 governor shall, by virtue of his office, be lieutenant-general of all the forecs of the state. The governor or lieutenant governor, [and the council, shall meet at the time and place with the general assembly : [the lieutenant governor shall, during the presence of the commander-in-chief, vote, and act as one of the council ; and the governor, and, in his absence, the lieutenant governor, shall, by virtue of their offices, preside in council, and have a casting, 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 governor and council shall have a secretary, and keep fair books of their proceedings, wherein any councillor may enter his dissent, with his reasons to support it. And the governor may appoint a secretary for himself and his council.] (See the articles of amendment.)
SEC. 12. The representatives having met and chosen their
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speaker and elerk, shall, each of them, before they proceed to business, take and subscribe, as well the oath or affirmation of allegi anee hereinafter directed, (except where they shall produce certificates of their having heretofore taken and subscribed the same,) as the following oath or affirmation, viz. :
" You do solemnly swear (or affirm) that as a mem- ber of this assembly you will not propose or assent to any bill, vote, or resolution, which shall appear to you injurious to the people, nor do or consent to any act or thing whatever, thut shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this state ; 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 abilities (lu ease of an oath,) so help you God ; (and in care of affirmation) under the pains and penalties of perjury "
Ske. 13. The doors of the house in which the general assembly of this commonwealth shall sit, shall be open, for the admission of all persons who behave decently, estept ouly when the welfare of the state may require them to be shut.
SEc. 14. The votes and proceedings of the general assembly shall be printed (when one-third of the members think it necessary) as soon as convenient after the end of each session, with the yeas and nays on any question, when required by any member, (except where the vote shall be taken by ballot, ) in which ease every mem- ber shall have a right to insert the reason of his vote npon the minutes.
Ske. 15. The style of the laws of this state, in future to be passed, shall be, It is hereby enacted by the General Assembly of the State of Vermont.
Ske 16. [To the end that laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty de- terminations as much as possible prevented, all bills, which origi- nate in the assembly, shall be laid before the governor and council, for their revi ion and concurrence, or proposals of amendment, who shall return the saine 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 governor and e outneil to suspend the passing of such bills until the next session of the legislature. Provided, that if the governor and council shall neglect or refuse to return any such bill to the assembly, with written proposals of amendment, within hve days, or before the rising of the legislature, the same shall become a law. ] ( See 11th article of amendment.)
SEc. 17. No money shall be drawn out of the treasury, unless first appropriated by aet of legislation.
SEc. 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.
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SEC. 19. No member of the [council,j (senate,) or house of rep- resentatives, shall directly or indirectly receive any fre or reward to bring forward or advocate any bill, petition, or other business to be transacted in the legislature, or advocate any eanse as counsel in either house of legislation, except when employed in behalf of the state.
SEC. 20. No person ought. in any case, or in any time, to be declared guilty of treason. or felony , by the legislature.
SEc. 21. Every man of the full age of twenty-one years, having resided in the state for the space of one whole year next before the election of representatives, and isof a quiet and peacenble behavior, and will take the following oath or affirmation, shall be entitled to all the privieges of a freeman of this state :
" You solemnly swear (or affirm) that whenever you give your cote or suffrage, touching any matter that concerns the state of Vermont, you will do it so as in your conscience you shall judge will most con- duce to the best good of the same, as established by the Constitution, without fear or favor of any man." (See the first article of amend- ment.)
SEC. 22. The inhabitants of this state shall be trained and armed for its defence, under sneh regulations, restrictions, and ex- ceptions, as congress, agrecably to the Constitution 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 subalterns shall nominate and recommend the field officers of their respective regi- ments, who shall appoint their staff officers.
SEC. 23. All commissions shall be in the name of the freemen of the state of Vermont, sealed with the state seal, signed by the governor, and in his absence the lieutenant governor, and attested by the secretary ; which seal shall be kept by the governor.
SEC. 24. Every officer of 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-admin- istration. |All impeachments shall be before the governor 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. ] (See the seventh article of amendment.)
SEC. 25. As every freeman, to preserve his independence, (if without a sufficient estate. ) ought to have some profession, calling, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor use in, establishing offices of profit, the usual effects of which are dependence and servility, unbecoming freemen, in the possessors, or expectants, and fuetion, contention, and discord among the people. But if any man is called into public service to the prejudios of his private affairs, he has a right to a reasonable compensation; and whenever an office, through increase of fees, or otherwise, become so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature.
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And if any officer shall wittingly and wilfully take greater fees than the law allows him, it shall ever after disqualify him from holding any otlice in this state, until he be restored by act of legis- lation.
Sze. 26. No person in this state shall be capable of holding or exercising more than one of the following offices at the same time. viz : governor, lieutenant governor, judge of the supreme court, treasurer of the state, member of the council, member of the gen- eral assembly, surveyor-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.
SEC. 27. [The treasurer of the state shall, before the governor and council, give sufficient security to the secretary 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 offices, in such mamier and in such sums as shall be di- rected by the legislature. | (See the twenty-second article of amend- ment.)
SEC. 23. The treasurer's account shall be annually audited, and a fair stitement thereof be laid before the general assembly, at their session in October.
SEC. 29. Every officer, whether judicial, executive or military, in authority under this state, before he enters upon the execution of his office, shall take and subscribe the following oath or affirina- tion of allegiance to this state (unless 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, VI ALLEGIANCE.
" You do solemnly swear (or affirm) that you will be true and faithful to the state of Vermont, and that you will not. directly or indirectly, do any act or thing injurious to the Consti- tution or government thereof, as established by convention. (If an oath,) so help you God ; (if au affirmation, ) under the pains and penalties of perjury."
THE OATH, OR AFFIRMATION, OF OFFICE.
" You do solennily swear (or affirm) that you will faithfully execute the office of for the of and will therein do equal right and justice to all men, to the best of your judgment and abilities, according to law. (If an oath,). so help you God ; (if an affirmation,) under the pains and penalties. of perjury."
SEC 30. No person shall be eligible to the office of governor, or lieutenant governor, until he shall have resided in this state four. years next preceding the day of his election.
SEC. 31. Trials of issues proper for the euquizance of a jury,
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in the supreme and county courts, shall be by jury, except where the parties otherwise agree : and great care ought to be taken to prevent corruption or partiality, in the choice and return, or ap- pointment of juries.
SEC. 32. All prosecutions shall commence, By the authority of the State of Vermont: all indictments shall conelude with these words: Against the peace and dignity of the state; and all finer shall be proportioned to the offen-es.
SEC. 33. The person of a debtor, where there is not strong pre- sumption of fraud, shall not be continued in prison after delivering up and assigning over, bona fide, all his estate, real and personal, in possession, reversion, or remainder, for the use of his ereditors, in such manner as shall be hereafter regulated by law. And all prisoners, unless in execution, or committed for capital offenses, when the proof is evident or presumption great, shall be bailable, by sufficient suretics ; nor shall excessive bail be exacted for baila- ble offenses.
SEC. 34. All elections, whether by the people or the legislature, shall be free and voluntary ; and any cleetor, who shall receive any gift, or reward, for his vote, in meat, drink, moneys, or otherwise, shall forfeit his right to cleet at that time, and sutter sach 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 ensuing year, and be subject to such further punishment ar a future legis- lature shall direct.
SEC. 35. All deeds and conveyances of land shall be recorded in the town clerk's office, in their respective towns, and for want thercof, in the county clerk's office of the same county.
SEC. 36. The legislature shall regulate entails, in such manner as to prevent perpetuities.
SEC. 37. To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be pro- vided for punishing by hard labor, those who shall be convicted of crimes not capital, whereby the criminal shall be employed for the benefit of the public, or for the reparation of injuries done to pri- vate persons ; and all persons, at proper times, ought to be per- mitted to see them at their labor.
SEC. 38. 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 natu- ral way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth dermed a deodand, or in any wise forfeited, on account of such misfortune.
Si.c. 39. Every person of good character, who comes to settle in this state, having first taken an oath or affirmation 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 reti-
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dence shall be deemed a free denizen thereof, and entitled to all rights of a natural-born subject of this state ; except that he shall not be capable of being elected governor, lieutenant-governor, treasurer, councillor, or representative in assembly, until after two years' residence.
SEc. 40. The inhabitants of this state shall have liberty, in seasonable times, to lunt 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 provided by the general assembly.
Sec. 41. Laws for the encouragement of virtue and prevention uf 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 convenient instruction of youth, and one or more grammar-schools be incorporated, and properly supported, in each county in this slate. And all religious socie- ties or bodies of men that may be hereafter united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected 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 direct.
SEC. 42. The declaration of the political rights and privileges of the inhabitants of this state, is hereby declared to be a part of the Constitution of this commonwealth, and ought not to be vio- lated, on any pretence whatsoever.
SEC. 43. In order that the freedom of this commonwealth may be preserved inviolate forever, there shall be chosen by a ballot, by the freemen of this state, on the last Wednesday in March, in the year one thousand seven hundred and ninety-nine, and on the last Wednesday in March in every seven years thereafter, thirteen per- sons, who shall be chosen in the same manner the council is chosen, except they shall not be out of the conneil 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, except as to calling a con- vention, in which two-thirds of the whole number elected shall agree ; and whose duty it shall be to inquire whether the Consti- tution 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 duty as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are entitled to by the Constitution. They are also to inquire whether the public taxes have been justly laid and collected in all parts of this com- monwealth ; in what manner the public moneys have been disposed of, and whether the laws have been duly executed. For these pur- poses, they shall have power to send for persons, papers, and records ; they shall have authority to pass public censures, to order
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impeachments, and to recommend to the legislature the repealing such laws as shall appear to them to have been passed contrary to the principles of the Constitution : these powers they shall continuo to have for and during the space of one year from the day of their election, and no longer. The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any article of this Constitution which may be defective, explaining such as may be thought not clearly expressed, and of adding such as are necessary, for the preservation of the rights and happiness of the people. But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
ARTICLES OF AMENDMENT.
ARTICLE 1. No person, who is not already a freeman of this state, shall be entitled to exercise the privileges of a freeman, un- less he be a natural born citizen of this, or some one of the United States, or until he shall have been naturalized, agrecably to the aets of congress.
ART. 2. The most numerous branch of the legislature of this state shall hereafter be styled the House of Representatives.
ART. 3. The supreme legislative power of this state shall here- after be exercised by a senate and the house of representatives ; which shall be styled, " The General Assembly of the State of Vermont." Each shall have and exercise the like powers in all acts of legislation ; and no bill, resolution or other thing, which shall have been passed by the one, shall have the effect of, or be declared to be, a law, without the concurrence of the other. Pro- vided, that all revenue bills shall originate in the house of repre- sentatives,-but the senate may propose or concur with amend- mente, as on other bills. Neither house, during the session of the general assembly, shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two honses shall be sitting,-and in case of disagreement be- tween the two houses, with respect to adjournment, the governor may adjourn them to such time as he shall think proper.
ART. 4. [The Senate shall be composed of thirty senators, to be of the freemen of the county for which they are elected, respec- tively, who are thirty years of are or upwards, and to be annually elected by the freemen of each county respectively. Each county shall be entitled to one senator, at least, and the remainder of the senators shall be apportioned to the several counties according to their population, as the same was ascertained by the last census, taken under the authority of the United States-regard being 11
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always had, in such apportionment, to the counties having the greatest fraction. But the several counties shall, until after the next census of the United States, be entitled to elect, and have their senators, in the following proportion, to wit :-
Bennington county, two; Windham county, three ; Rutland county, three ; Windsor county, four ; Addison county, three ; Orange county, three ; Washington county, two ; . Chittenden county, two ; Caledonia county, two ; Franklin county, three ; Orleans county, one ; Essex county, one ; Grand Isle county, one. The legislature shall make a new apportionment of the senators, to the several counties, after the taking of each census of the United States, or census taken for the purpose of such apportion- ment, by order of the government of this state, always regarding the above provisions in this article. ] ( See the twenty-third article of amendment )
ART. 5. The freetuen of the several towns in each county, shall annually give their votes for the senators, apportioned to such county, at the same time and under the same regulations, as are now provided for the election of councillors .* And the person or persons, equal in number, to the number of senators apportioned to such county, having the greatest number of legal votes in such county respectively, shall be the senator or senators of such county. At every election of senators, after the votes shall have been taken. the constable or presiding officer, assisted by the selectmen and civil authority present, shall sort and count the said votes, and make two lists of the names, of each person, with the number of votes given for each annexed to his name, a record of which shall be made in the town clerk's office, and shall seal up said lists, separately, and write, on cach, the name of the town, and these words, " Votes for Senator, " or " Votes for Senators, " as the case may be, one of which lists shall be delivered by the presiding officer to the representative of said town, (if any) and if none be chosen, to the representative of an adjoining town, to be transmitted to the presi- dent of the senate ; the other list, the said presiding officer shall, within ten days. deliver to the clerk of the county court, for the same county, and the clerk of cach county court, respectively, or in case of his absence or disability, the sheriff of such county, or in case of the absence or disability of both, the high baliff of such county, on the tenth day after such election, shall publicly open, sort and count said votes, and make a record of the same, in the office of the clerk of such county court, a copy of which he shall transmit to the senate ; and shall aley, within ten days thereafter, transmit to the person or persons elected, a certificate of his or their election. Provided, however, that the general assembly shall have power to regulate by law the mode of balloting for senators, within the several counties, and to prescribe the means, and the manner by which the result of the balloting shall be ascertained, and
* Section 10 of Part II.
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through which the senators, chosen, shall be certified of their elec- tion, and for filling all vacancies in the senate, which shall happen by death, resignation, or otherwise. But they shall not have power to apportion the senators to the several counties, other wise than according to the population thereof, agresably to the provisions herein before ord tined.
ART. 6. The senate shall have the like powers to decide on the election and qualifications of, and to expel any of its members, make its own rules, and appoint its own officers, as are incident to, or are possessed by, the house of representatives. A majority shall constitute a quorum. The lieutenant governor shall be president of the senate, except when he shall exercise the office of governor, or when his office shall be vacant, or in his absence ; in which cases, the senate shall appoint one of its own members to be presi- dent of the senate, pro tempore. And the president of the senate shall have a casting vote, but no other.
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